1 OFFICE OF THE GENERAL MANAGER, BSNL, KOLLAM ...

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OFFICE OF THE GENERAL MANAGER, BSNL, KOLLAM

TENDER DOCUMENT

E-Tender for Mobile Access Equipment Maintenance (NBSNL, BSNL and IP

sites), Mobile Infrastructure Maintenance Full and Partial (NBSNL sites),Diesel

Filling and Rigger activities at BTS sites of Kollam Telecom District

Sl.No Subject Details

1 Tender No

MS/INFRA/BTS Mtce Outsourcing

/Tender/BSS/KLM/2020-21/1 dated

at kollam the 07/07/2020

2 Cost of tender document Rs. 1,190/-

3 EMD Rs. 1,92450/-

4 Availability of tender document for downloading

From 10/07/2020 onwards upto 30/07/2020

5 Last date and time for online submission of tender

12:00 hrs of 30/07/2020

6 Last date and time for offline submission of tender document, EMD, Cost of tender document in original

12:00 hrs of 01/08/2020

7 Date and time of opening sealed envelope containing tender documented, Bid document Cost

12:10 hrs of 01/08/2020

8 Date and time of online bid opening 12:10 hrs of 01/08/2020

9 Period of bid validity The tender will remain open for acceptance up to 180 days of opening of the tender

10 Tender help desk Email: [email protected]

[email protected]

Kindly see all clarifications /corrigendum on website and read bid document carefully before submission and ensure that all documents are fully authenticated by authorised signatory kindly submit your offers by means of online bids only for Electronic Tendering at the portal detailed in Section-4 Part C “E-tendering Instructions to Bidders” The bidders in the category of Micro and Small Enterprises (MSEs) who are registered with MSME bodies like National Small Scale Industries Corporation, District / State Industries Centre, Khadi & Village Industries Commission/Board, Coir Board, and Directorate of Handicrafts & Handloom are exempted from the payment of tender document cost & EMD. Exemption is given only when tendered item is listed in the Registration certificate of MSE. A proof regarding current registration with MSME/NSIC for the tendered items and with monetary limit will have to be attached along with the bid. Declaration of UAM number by MSE bidders on CPPP is mandatory to avail benefits available to MSEs. Free viewing copy of Tender document / e – bidding can be obtained /done by downloading

mailto:[email protected]

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it from the website https://etender.bsnl.co.in/irj/portal or www.kerala.bsnl.co.in

STANDARD TENDER ENQUIRY DOCUMENT ETENDER NO: MS/INFRA/BTS Mtce Outsourcing /Tender/BSS/KLM/2020-21/1

dated at Kollam the 07/07/2020

Sub: E-Tender for Mobile Access Equipment Maintenance (NBSNL, BSNL and IP

sites), Mobile Infra Maintenance Full and Partial (NSBNL Sites), Diesel Filling and

Rigger activities at BTS sites Kollam Telecom District.

Please find enclosed the tender document containing the following.

Section No. Item PAGE NO.

1. Part A Detailed NIT 04-07

2. Tender Information 08-09

3. Part A Scope of work 10-16

3. Part B Technical specification / requirements 17

3. Part C Schedule of Requirements (SOR) 18

4. Part A General Instructions to Bidders (GIB) 19-40

4. Part B Special Instructions to Bidders (SIB) 41-42

4. Part C E-Tendering Instructions to Bidders 43-47

5. Part A General (Commercial) Conditions of Contract (GCC) 48-57

5. Part B Special (Commercial) Conditions of the Contract (SCC) 58-61

6 (A) Undertaking and declaration 62

6 (B) Near relationship certificate 63

6 (C) Undertaking that no changes have been made in the

tender document downloaded 63

6 (D) Declaration (Non-blacklisted) 64

7 (A) Format for Bid security / EMD Guarantee 65-66

7 (B) Format for performance guarantee 67-68

7 (C) Letter of authorization for attending bid opening event 69

7 (D) Model amendment letter intimating conditions for

extension of delivery period 70

7 (E) Model amendment letter for extension of delivery period 71

7 (F) Proforma for power of attorney 72

8 Bidders profile and questionnaire 73-74

9 Part A Financial bid form 75

9 Part B Financial bid rate 76-77

Annexure 1 Schedule of requirements 78

Annexure 2 Contact details of deployed personnel’s and cluster

coordinators 78

Annexure 3 Format of log book for diesel filling 78

Annexure 4 Format of log book for MAEM and MIM activities 79

Annexure 5 Proforma for reimbursement of diesel cost 79

Annexure 6 Monthly performance report 80

Annexure 7 Monthly rigger report 81

Annexure 8 Experience certificate 81

http://www.tenderwizard.com/BSNL

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Annexure 9 Mutual Non-disclosure agreement 82-87

Annexure 10 Payment details to HK, Manual assistance and rigger 88

Annexure 11 List of BTS sites for Mobile access equipment

maintenance 88

Annexure 12 List of BTS sites for Mobile Infrastructure Maintenance

(MIM) – Full 88

Annexure 13 List of BTS sites for Mobile Infrastructure Maintenance

(MIM) – Partial 89

Annexure 14 List of BTS sites for Diesel filling 89

Annexure 15 DEED OF INDEMNITY 89-90

Annexure 16 Particulars for Input Invoice , Receipt Voucher & GST

Details of Purchaser 91-92

Annexure 17 Checklist for bidder 93-94

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Section 1 Part A

DETAILED NOTICE INVITING TENDER

For and on behalf of BSNL, General Manager Telecom, Bharat Sanchar Nigam Limited , Kollam Telecom District, , invites sealed tenders on rupee payment basis are invited in single stage bidding and two stage opening using Two Envelopes (Techno commercial bid and Financial bid) from eligible and experienced individuals/firms/registered companies with EPF,ESI and GST registration for the following activities at various BTS Sites of Kollam Telecom District.

Sl.No Description of Activity/Sites

Estimated Quantity under the Contract

Estimated cost of

tender Rs.

Tender Document Cost Rs.

EMD in RS.

1 Mobile Access Equipment Maintenance (MAEM) (BSNL/NBSNL/IP)

259 Sites

Rs 7698000

Rs 1190 Rs

1,92450 2

Mobile Infra-structure Main-tenance (MIM) (NBSNL)

Full 95 Sites

Partial 152 Sites

3 Diesel Filling 600 instance

4 Rigger activities

Normal 264 instance

Hard 216 instance

Note1: The quantity/no./Sites stated above are estimated and BSNL reserves the right to vary the quantity to the extent of -25% to +25% of specified quantity at the time of award of contract i.e. APO without any change in unit price or other terms and conditions.

Designation and address of the authority inviting tender: AGM (Plg), O/o GMTD,

BSNL, Kollam 691012

1. Tender No.: MS/INFRA/BTS Mtce Outsourcing /Tender/BSS/KLM/2020-21/1

dated at KOLLAM the 07/07/2020

2. Accessibility of Tender Document: BSNL has decided to use process of e-

tendering for inviting this tender and thus the physical copy of the tender would

not be sold. Free viewing copy of Tender document / e – bidding can be

obtained/done by downloading it from the website

https://etender.bsnl.co.in/irj/portal or www.kerala.bsnl.co.in.The last date

and time for downloading/submission of tender shall be 12.00 Hrs of

30/07/2020 and beyond which the Tender document shall not be available for

download / submission .

3. Registration on e-Tender portal: Intending bidders are requested to register

themselves on e-tender portal (if not registered earlier) through

https://etender.bsnl.co.in/irj/portal for obtaining user-id, Digital Signature

etc, by paying vendor registration fee. Tender processing fee payment should

http://www.tenderwizard.com/BSNL

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be done during requisition of tender online. BSNL has decided to use process

of e-tendering for inviting this tender and thus the physical copy of the tender

would not be sold..

4. Availability of tender document: The tender document shall be available for

downloading from 10/07/2020 onwards upto 30/07/2020 in the e-tendering

portal https://etender.bsnl.co.in/irj/portal.

5. Eligibility Criteria: The bidders should have

a. General Qualification

i. The bidder must be Indian registered under Companies Act

1956/2013 /Partnership firms/Sole proprietary firms/reputed and

experienced contractors/suppliers rending tendered services to

BSNL/MTNL or any other Telecom Service Providers in India / LLP or a

Firm registered under applicable Acts(Proof Should be uploaded).

ii. The bidder must not be blacklisted for telecom business by any

Central / State Governments / PSUs in India at the time of

submission of bid. An undertaking must be submitted in this

regard.

iii. The bidder must have a valid PAN registration.

iv. The bidder must have a valid GST registration.

v. The bidder must be registered under EPF and ESI in India.

vi. The bidder should not have any near relatives working in BSNL

vii. The bidder shall strictly abide by the provisions of various Acts of the State in

force, in connection with the employment of the contract labour viz.

Contract Labour R&A Act 1970, Workmen Compensation Act, EPF/ESI Act

and Bonus act 1965 and all other regulation covered under Labour Act at

present and in the currency of contract in force.

b. Technical Qualification

i. Bidders must possess a minimum experience of having

successfully completed works of similar nature viz Mobile

Access Equipment Maintenance, Mobile Infrastructure

Maintenance, Diesel Filling and Rigger activities as detailed in

Section 3 Part A for any Government/ Public Sector

Organization/other telecom service providers for a period of not

less than one year anytime during the last five years

immediately preceding the date of submission of bid.

ii. The Bidder must have minimum annual turnover of 30% of

annual estimated cost of tender, during each of the consecutive

financial years 2017-18 and 2018-19 from telecom business.

Bidders will be required to support claims of their financial qualification through their audited financial statements duly certified by their CA. The bidders shall submit necessary documentary proof showing that

they meet the eligibility criteria along with their tender bid. All

documents submitted will also be self-attested by the bidder.

Note 2: All documents mentioned in Clause 3 of Section 2 Tender

Information shall be submitted at the time of submission of “Techno-

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Commercial Part”.

6. Submission of Bid Security/EMD:

The bidder shall furnish the bid EMD in one of the following ways:-

(a) Demand Draft/ Banker’s cheque drawn in favour of “AO (Cash), O/o

GMTD, BSNL, Kollam- 691012” and payable at Kollam.

(b) Bank Guarantee from a scheduled bank drawn in favour of The AGM

(Plg), O/o GMTD, BSNL, kollam which should be valid for 210 days (i.e. one

month above the offer validity period subject to maximum of 210 days) from the

tender opening date.

7. Date and Time of online submission of E-Tender:from 10/07/2020 to

30/07/2020 12:00 hrs.

Note 3: In case the date of submission (opening) of bids is declared to be a

holiday, the date of submission (opening) of bids will get shifted

automatically to next working day at the same scheduled time. Any

change in bid opening date due to any other unavoidable reason will

be intimated to all the bidders separately (published the e-tendering

portal)

8. Opening of Tender Bids: The tender will be opened after 10 minutes of this tender closing time on the same date.

9. Place of opening of Technical bids:

a. BSNL has adopted e-tendering process which offers a unique facility for

‘Public Online Tender Opening Event (TOE)’. BSNL’s Tender Opening

Officers as well as authorized representatives of bidders can attend the

Public Online Tender Opening Event (TOE) from the comfort of their

offices. Please Section 4 Part C, “E-tendering Instructions to

Bidders”. However, if required, authorized representative of bidders (i.e.

service provider) can attend the TOE at the Chamber of AGM (Plg), O/o

GMT, BSNL Bhavan, Kollam, Kollam District- 691012

b. Tender Opening officers would be conducting the Public Online Tender

Opening Event (TOE). Details are available in Section 4 Part C, “E-

tendering Instructions to Bidders”.

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

d. Incomplete, ambiguous, conditional, unsealed tender bids are liable to be

rejected.

e. GMT Kollam BA reserves the right to accept or reject any or all tender bids

without assigning any reason. The decision of GMT, Kollam BA, shall be

final in this regard.

f. The bidder shall furnish a declaration in his tender bid under his digital

signature that no addition / deletion / corrections have been made in the

downloaded tender document for which their bid is being submitted and it is

identical to the tender document appearing on e-tender portal:

https://etender.bsnl.co.in/irj/portal.

g. In case of any correction/ addition/ alteration/ omission in the tender

https://etender.bsnl.co.in/irj/portal

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document, the tender bid shall be treated as non-responsive and shall be

rejected summarily.

Note 4: All documents submitted in the bid offer should be preferably in English. In

case the certificate viz experience, registration etc. is issued in any other

language other than English, the bidder shall attach an English translation

of the same duly attested by the bidder & the translator to be true copy in

addition to the relevant certificate.

Note 5: All computer-generated documents should be duly attested/ signed by the

issuing organisation.

10. Cost of Tender form (in the form of DD/Banker’s Cheque), Bid Security/EMD(in

the form of DD/Banker’s Cheque/BG in original) and Power of Attorney have to

be submitted to AGM (Plg), O/o GMT, BSNL , kollam before the scheduled date

and time of submission of the Tender otherwise the bid will not be considered.

11. Hard copies of all required documents as per Clause 2 and 10 of Section 4 Part

A, General Instructions to Bidders along with the Tender document (duly

attested by authorized signatory) is also required to be submitted to AGM (Plg),

O/o GMT, BSNL , kollam before the scheduled date and time of submission of

Tender.

12. Before submitting the bid on the due date, all corrigendum / clarification

issued on the website may have to be checked/verified.

13. Duration of contract: One year with an option of extension for one more

year in spells of 6 months each.

14. Juridiction of the contract: Areas falling within the territorial jurisdiction of the

Kollam BA.

15. Description of the work: Providing manpower services for maintenance activities

of Mobile Access Equipment of BSNL/NBSNL/IP sites, Mobile Infrastructure

Maintenance of NBSNL sites (Partial and Full), Diesel Filling and Rigger activities

at various BTS sites of BSNL Kollam BA.

16. The queries in respect of this bid document, if any, can be submitted through Email

latest upto 17/07/2020 (7 days from issue of NIT).

BSNL Contact-1

BSNL’s Contact Person AGM (Plg), O/oGMT, BSNL, kollam

Telephone& Mobile 0474-2796600,9447052456

E-mail ID [email protected]

BSNL Contact-2

BSNL’s Contact Person SDE(CMplg)

Telephone & Mobile 0474-2799858,9447572800


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Section 2

Tender Information

1. Type of tender: Single Stage bidding using Two Electronic Envelopes system

Note 1: The bids will be evaluated techno-commercially first and financial bids of

techno commercially compliant bids only shall be opened.

2. Bid Validity Period/Validity of bid offer: 180 days from the tender opening date.

• Bid Document:

The electronic envelopes will contain documents satisfying the eligibility / Techni-cal & commercial conditions in first envelope called Techno-commercial enve-lope and second envelope called as Financial Envelope containing financial bid/ quote.

3. The techno-commercial part of bid shall contain one set of the following

documents.

i. Tender documents in original, duly filled in and signed by the tenderer on

each page.

ii. Bid security [EMD].

iii. Cost of the tender document (if applicable)

iv. Certificates showing fulfilment of eligibility criteria stated in clause 5 of the

DNIT.

v. Power of attorney & authorization for executing the power of attorney in

accordance with clause 14.3 of Section 4 Part A. (if applicable)

vi. Integrity Pact (if applicable)

vii. Clause by clause compliance as per clause 11.2 of Section 4 Part A

viii. Bidder’s profile & questionnaire duly filled and signed as per Section 8.

ix. No near relative certificate dully filled and signed.

x. Undertaking and declaration dully filled and signed as per Section 6[A].

xi. Documents stated in clause 10 of Section -4 Part A

xii. Tender/Bid form – Section 9 Part A

xiii. Attested copy of ESI registration

xiv. Attested copy of EPF registration

xv. Attested copy of GST registration.

xvi. Attested copy of PAN Card

xvii. Letter of authorization, if any.

xviii. Attested copy of Memorandum of association and articles of Association in

case of company.

xix. Details of the firm along with List of Directors on the Board of the Company, list of partners, as applicable.

xx. Attestation of the signature of the authorized signatory, issuing PoA, by Bank. xxi. Attested copy of Registration of the firm or authenticated copy of Partnership

Deed in case of partnership firms.

xxii. Attested copy of “Power of Attorney” in case person other than the tenderer

has signed the tender documents Signature of Bidder

xxiii. The authorisation of the competent authority for signing the tender

xxiv. Letter showing authorised signatory. (If applicable)

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xxv. Indemnity bond declaration for indemnifying BSNL against any non-compliance by bidder towards all applicable statutory requirements, if work is awarded, as per An-nexure-15.

xxvi. Mandate form for ECS/EFT

xxvii. Certificate regarding tender form downloaded from internet.

xxviii. In case of MSE bidders, valid certification from MSME (valid on the date of

opening of tender.)

Note 2: In case of e-tendering, in case the bidder is unable to upload any of the

documents listed above, he may submit the same physically and the same

may intimated to AGM (Plg), O/o GMT, BSNL, Kollam. However, EMD &

cost of tender document will have to be submitted in original in physical

form.

4. The financial part of bid shall contain

a. Financial Bid Form along with Price schedule (Section 9 Part B (1 & 2) with

all relevant bid annexure.

Note 3: In case of e-tendering the following documents are required to be submitted offline (i.e. offline submission) to AGM (Plg), 2nd floor, BSNL Bhavan, Vellayittambalam, Kollam District, Kerala - 691012 on or before the date & time of submission of bids in a sealed envelope. The envelope shall bear the tender number, name of work and the phrase: “Do Not Open Before 12.10 hrs of 01/08/2020”.

EMD- Bid Security (in original)

DD/Banker’s cheque of tender’s fee (in original).

Power of Attorney in accordance with clause 14.3 of Section 4 Part A

and authorization for executing the power of attorney.

Integrity Pact (If applicable)

All documents as specified in clause 3 of Tender information Section

2ofTender document should be in original.

For detailed instructions, please refer clause 6 in Section 4 – Part C

“E-Tendering Instructions to Bidders”

Payment terms: As per Clause 11 of Section-5 Part A – “General (Commercial)

Conditions of Contract”.

Note4: All statutory taxes as applicable/ deduction due to price variation etc will

be deducted at source before payment.

AGM (Plg)

For GMT, BSNL,

Vellayittambalam

Kollam BA

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SECTION – 3 Part A

SCOPE OF WORK

A. General:

The scope of this CONTRACT to be followed are: Mobile Access Equipment

Maintenance (MAEM), Mobile Infrastructure Maintenance (MIM)- Full, Mobile

Infrastructure Maintenance (MIM) – Partial, Rigger activities – Normal, Rigger

activities – Hard, Diesel filling, manual assistance to engineers on duty in

subdivisions while they carry out hardware maintenance/optimization or similar

type of routine work which involve carrying of tools and testers and other

accessories required for testing and maintenance works, rigger activities for fine

tuning of Microwave/ Mini-Link LOS, antenna orientation verification and assisting

related routine NQM activities, etc.

B. Scope of Work:

1. General Instruction:

1.1. The field staff being deployed should be provided with 2 SIM cards, one of

BSNL & other from private TSPs for communication when BTS site is

down.

1.2. Field staff should provide assistance in handling of minor store items.

1.3. Field staff should be provided with dedicated mode of transport (two /

three / four wheeler vehicles).

1.4. In addition to periodicity of visit mentioned below, the field staff should

also visit the sites on call basis whenever there is such a requirement, at

any time.

1.5. The field staff deployed by the contractor should preferably be a local

resident with sufficient knowledge of operating diesel generators and

other electronic switches, fuse carriers, fuse cut-outs and changeovers.

1.6. Any BSNL OFC breakdown en-route to site must be intimated to site in

charge for prompt restoration of OFC fault.

1.7. The contractor has to provide all necessary tools, cleaning materials,

testing equipment, etc to the personnel deployed. A certificate to this effect shall

be produced along with the first invoice.

2. Mobile Access Equipment Maintenance (MAEM)(Site list in Annexure 11)

2.1. All BTS related alarm need to be made functional and to be extended up

to OMCR within three months. Alarm card will be provided by BSNL.

2.2. Prompt action (within 01 hour in city and 4 hours in Rural areas) on

receipt of instructions (by call or by SMS) from concerned officer / NOC

regarding manual assistance in rectification of alarms/faults in site.

2.3. Air filter cleaning in BTS/ Node B/ e-Node B, every month and entry in

log book of site.

2.4. In case of BTS outages due to control card faults of BTSs / Node-Bs / E-

NodeBs, replace the fault items with the spare module /cards available in

nearby sites / locations as per instructions of BSNL Site In charge.

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2.5. In case of Microwave/Mini Link/ OFC failure, details of visual alarm

noticed to be communicated to the maintenance In-charge.

2.6. For prolonged failure of Electricity as intimated by BSNL officer,

Coordination for restoration of EB in consultation with BSNL / IP site in-

charge.

2.7. To check Earth Connectivity is available at BTS/ Node B / E-Node B, etc.

2.8. Providing assistance for Broadband/EMF checks at sites. Maintaining of

EMF related boards and help in providing data for biennial submission of

EMF radiation.

2.9. Any other miscellaneous work related to the BTS site maintenance,

assigned by the concerned Sub Division Engineer / Junior Telecom

Officer / BSNL officer in charge.

2.10. Any tendered work not attended in time, BSNL will have the right to get it

done from external resources and payment made to them will be

recovered from SP.

2.11. If any fraudulent activity by the personnel deployed is detected by BSNL

authorized personnel/officer, then the bidder is liable to pay penalty as

assessed by BSNL i.e. The cost of consequential damages to

installation(s)/DG set(s) would be deducted at actual, from the service

provider’s bill. This will be over and above the other penalties and will not

be subject to capping if any.

3. Mobile Infrastructure Maintenance (MIM) – Full (Site list in Annexure 12)

3.1. Daily visit to the site for general up-keeping

3.2. Ensure working of Power plant alarms with OMC-R.

3.3. Prompt action (within 01 hour in city and 4 hours in Rural areas) on

receipt of instructions (by call or by SMS) from concerned officer/NOC

regarding manual assistance in rectification of alarms/faults in site.

3.4. First line maintenance of power plants, battery and any problem reported.

All problems should be reported within 01 hours for urban, 4 hours for

rural areas.

3.5. Periodically check-up power plant modules working and load sharing,

ensuring sufficient modules are available for equipment in consultation

with Site in charge and charging of battery. Record the same in the log

book.

3.6. Tightening of all nuts /screws in interconnecting point of power cable

from EB panel board to each equipment, once in three months.

3.7. To ensure the control card is functioning properly so that battery do not

go to deep discharge.

3.8. In case of any Power Plant outages due to fault in control card, intimation

to be given to Site In charge for attending the same on priority.

3.9. Conducting Battery Backup test with Existing Load at least in quarterly &

record the same in Log Book.

3.10. Faulty Card/ Units need to be deposited at designated centre as per requirement & collect repaired unit within 24 hours in urban and in 48 hours in rural areas.

3.11. Replacement of the faulty modules with repaired Modules as per

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instructions of Site In charge within 24 hours in urban and in 48 hours in rural areas.

3.12. Sweeping, cleaning, security and up keeping of the site including all equipment, tower surroundings, shelter/OD cabinet, DG etc. This includes bush cutting in the BTS sites in open areas.

3.13. Routine check of free cooling systems available at site and DG set and other equipment and record the same in log book as per the periodicity defined for the visit as per tender. Reporting of any alarms/faults/untoward incident to the concerned officer.

3.14. Running of DG sets as required. 3.15. Assisting in Diesel filling in the DG Set available at the site. 3.16. Manual operation of DG sets and monitoring of fuel level / fluid leak /

coolant level / battery charger working etc.

3.17. Manual assistance in changeover of KSEB/DG supply and attending of minor faults like tripping of ELCB/MCB/switches, manual changeover in AC units.

3.18. Collection of KSEB bills from site and handing over the same to the site in charge in a timely manner.

3.19. Any other miscellaneous work related to the BTS site maintenance, assigned by the concerned Sub Division Engineer / Junior Telecom Officer / BSNL officer in charge.

3.20. For prolonged failure of EB supply of site, coordination with EB section concerned for restoration of EB and ensure proper working of DG/PP/Equipment etc after the restoration of EB supply.

3.21. Any tendered work not attended in time, BSNL will have the right to get it done from external resources and payment made to them will be recovered from SP.

3.22. If any fraudulent activity by the personnel deployed is detected by BSNL authorized personnel/officer, then the bidder is liable to pay penalty as assessed by BSNL i.e. The cost of consequential damages to installation(s)/DG set(s) would be deducted at actual, from the service provider’s bill. This will be over and above the other penalties and will not be subject to capping if any.

4. Mobile Infrastructure Maintenance (MIM) – Partial(Site list in Annexure 13) 4.1. Periodical visit to site once in three days (minimum 10 days a month,

other than on emergency cases). 4.2. Ensure working of Power plant alarms with OMC-R.

4.3. Prompt action (within 01 hour in urban and 4 hour in Rural) on receipt of instructions (by call or by SMS) from concerned officer regarding manual assistance in rectification of alarms/faults in site.

4.4. First line maintenance of power plants, battery and any problem reported. All problems should be reported within 01 hours for urban, 4 hours in rural areas.

4.5. Periodically check-up power plant modules working and load sharing, ensuring sufficient modules are available for equipment in consultation with Site In charge and Charging of Battery. Record the same in the log book.

4.6. Tightening of all nuts /screws in interconnecting point of power cable from EB panel board to each equipment, once in three months.

4.7. To ensure the control card is functioning properly so that battery do not go to deep discharge.

4.8. In case of any Power Plant outages due to fault in control card intimation

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to be given to Site In charge for attending the same on priority. 4.9. Conducting Battery Backup test with Existing Load at least in quarterly &

record the same in Log Book. 4.10. Faulty Card/ Units need to be deposited at designated centre as per

requirement & collect repaired unit within 24 hours in urban and in 48 hours in rural and hard areas.

4.11. Replacement of the faulty modules with repaired Modules as per instructions of Site In charge within 24 hours in urban and in 48 hours in rural and hard areas.

4.12. Routine check of free cooling systems available at site and DG set and other equipment and record the same in log book as per the periodicity defined for the visit as per tender. Reporting of any alarms/faults/untoward incident to the concerned officer.

4.13. Assisting in Diesel filling in the DG Set available at the site. 4.14. Collection of KSEB bills from site and handing over the same to the site in

charge in a timely manner. 4.15. Any other miscellaneous work related to the BTS site maintenance,

assigned by the concerned Sub Divisional Engineer / Junior Telecom Officer / BSNL Officer in charge.

4.16. For prolonged failure of EB of site, coordination with EB section concerned for restoration of EB and ensure proper working of DG/PP/ Equipment etc after the restoration of EB supply.

4.17. Any tendered work not attended in time, BSNL will have the right to get it done from external resources and payment made to them will be recovered from SP.

4.18. If any fraudulent activity by the personnel deployed is detected by BSNL authorized personnel/officer, then the bidder is liable to pay penalty as assessed by BSNL i.e. The cost of consequential damages to installation(s)/DG set(s) would be deducted at actual, from the service provider’s bill. This will be over and above the other penalties and will not be subject to capping if any. Note: Partial MIM may be made applicable for sites where watch & ward agreement exists/Non-DG sites. The rate for one partial Infra structure maintenance site may be limited to half the rate quoted

for a full Infra structure maintenance site.

5. Rigger Activities

5.1. This includes two categories of work 5.1.1. Rigger activity – Normal (As per requirement)

5.1.1.1. Antenna orientation & Tilt modification as per requirement for optimization.

5.1.1.2. VSWR fault rectification per sector (includes weather proofing, changing jumper cable, replacing/reconnecting jumper and waveguide connectors).

5.1.1.3. Checking & correction of RF cable swap, L-1 antenna at RRH. 5.1.1.4. Verification/Replacement of weather proof tapes to prevent

water entry. 5.1.1.5. Assistance in Verification/correction of MW LoS. 5.1.1.6. Verification/correction of Lightning Arrestor, aviation lamp and

its fittings. 5.1.1.7. Any other activity with minor modification in RF as per

guidance of BSNL.

14

5.1.1.8. * Removal of bird/honey bee/wasp nest etc from tower.

* Based on the nature of the work DE (BSS) can decide the number of instances required for removal of bird/honey bee/wasp nest etc from tower.

5.1.2. Rigger activity -Hard (As per requirement). 5.1.2.1. Installation/swap/replacement/dismantling of antennas. 5.1.2.2. Installation/swap/replacement/dismantling of

RRH/RRUs/MW ODUs/AMF 5.1.2.3. Installation/ swap/ replacement/ dismantling of waveguides,

CPRI cables and RRU/RRH power cables.

5.2. All rigger activities carried out at a site for an activity on a single day combined will be considered as a single instance irrespective of

number of occurrences during the same day, i.e. the maximum number of instances for an activity per site per day is one.

5.3. All tools (like ropes, pulleys, wrench/spanner, etc.) and safety equipment for rigger (like safety helmet, safety harness, etc.) should be provided by the bidder.

5.4. Before the commencement of any rigger activity, supervisor has to send the photo of rigger wearing all safety equipment at site, to concerned officer in charge of intimation.

6. Diesel filling in DG Sets: (Site list in Annexure 14)

This is to carry out diesel filling in BSNL/NBSNL BTS sites on a periodic

basis. On an average every site needs diesel filling of one to two times per month.

However, in some of the sites, it can go beyond 2 times a month depending on

the tank capacity and the frequency of EB supply interruption. Other than the

periodic refilling, whenever there is emergency requirement, based on OMCR low

fuel alarm or message given by the concerned officer, refilling is to be arranged

within three hours on getting such intimation. Bidder has to ensure

availability of 50 % tank capacity of diesel in the DG at any point of time.

For each instance of Diesel Filling, full capacity of the tank should be filled, in

order to avoid frequent filling. Information regarding the details of filling should

be intimated to the SDE/JTO by email/SMS on the same day.

BSNL have entered into direct MOU with oil companies for procurement of

diesel from their specified outlets through petro/ fleet cards. Petro/ fleet card will

be issued to the contractor on proper acquaintance by the authorized person of

the vendor & payment will be made directly to the oil companies by BSNL. Any

loss/ misuse of the petro/fleet cards issued to the vendor will be the

responsibility of the vendor. Any such losses will be recovered by BSNL from the

vendor by adjusting against the payment due to the vendor or will be recovered

from PBG. In the case of any misuse causing loss to BSNL, a penalty of 10% of

the contract value or forfeiture of the bank guarantee along with termination of

contract, as decided by the competent authority of BSNL will be imposed on the

contractor. Any reduction in the diesel cost/ loyalty benefits in view of the MOU

will be availed by BSNL. It will be the responsibility of the contractor to reconcile

the diesel consumption as per actual usage in field with that in petrol/ fleet card

account. The payment of diesel cost from BSNL will be limited to actual

15

consumption based on log book after applying the ceiling limit based on the

consumption computed with Run Hour meter reading and per hour consumption

indicated in this tender document. The sites for which even one instance of

diesel filling per month is not recorded will not be considered for Diesel

filling expenses for the said month. However, the contractor has to collect the

data for diesel reconciliation statement from such non filled sites also and

reconciliation statement is to be submitted on monthly basis for all sites in the

contract. The bills will be verified, passed & forwarded by BSNL representative

(Divisional Engineer (BSS)) based on the consumption in litres / Hour indicated

in the tender document. Any extra cost incurred will be the responsibility of the

vendor. If the diesel cost through Petro/ fleet card is found to be less than the

diesel consumption based on rated diesel consumption per hour, the contractor

will not have any claim for the additional cost. Any excess usage of Diesel after

tallying with log book entries/Run hour meter will be adjusted from the vendor

from their monthly bills.

If the ceiling limit based on the Circle Average consumption/hour in a site is

less than the actual consumption based on log book entry continuously for two

consecutive months, and the contractor feels that Average consumption per litre

in that site is to be reviewed due to aging of DG or other factors then a test run

can be requested by the vendor to calculate the Average consumption/hour for

that particular site. The test run will be conducted by a joint team consisting of

representatives of Contractor and BSNL. Test run will be conducted only on

quarterly basis. The test run report will be signed by the Contractor and the

BSNL team (SDE BSS), countersigned by DE (BSS). If the test run reports are not

sent along with the performance report, the consumption will be taken as per the

circle average CPH and the HMR readings. The Average consumption/hour

calculated will be made applicable only in the subsequent Quarterly invoice

period. The contractor can request for only one test run in any site during the

whole AMC period.

The bidder has to maintain a log book supplied by BSNL in every site for

Diesel filling, as per the format in Annexure 3. It is the responsibility of the

bidder to update the logbook promptly on Diesel filling. Concerned BSNL officers

will periodically verify the logbook entries and put their initials. The bidder has

to seal and lock the hour meter in the presence of BSNL representative. Every

month the hour meter reading is to be noted by bidder along with the BSNL

representative and a consolidated statement along with log book reports is to be

submitted by the contractor. Under any circumstances if any of the units like

run hour meter is faulty then the diesel filling should be done under the

supervision of any of the BSNL officers/ persons authorized by BSNL. The

payment will be based on logbook entries, but will be limited to monthly

16

consumption based on run hour meter reading and SSA Average consumption in

litres/hour. The method for calculating the same is described in Section-3 Part

B

Note:

In case of addition of new make /type of DG in the BSNL network, the per

hour diesel consumption will be arrived by BSNL and will be intimated to the

bidder. Obtaining of special permit if any required, from Motor vehicle

department for transporting Diesel in bulk through motor vehicle will be the

responsibility of the contractor.

7. Bidder shall deploy sufficient number of personnel to support the services as per this contract. Personnel should be placed in such a way that they are able to

carry out the day to day activities as mentioned in relevant clauses of this section and also to ensure compliance to performance indicators given below.

Sl. No

Nature of work

Max number of sites (Cluster size)

than can be allotted Per personnel*

01 Mobile Access Equipment Maintenance (MAEM)

50

02 Mobile Infrastructure Maintenance (MIM): Full and/or partial.

25

Sl No

Nature of work Minimum personnel

to be deployed

01 Rigger activities 2

Note: In sites where there is no DG or where BSNL is paying watch & ward

charge, the personnel engaged in in MEAM can be engaged for MIM

(Partial) also. Maximum Number of full sites that can be allotted per

personnel is 15(fifteen).

17

Section 3 Part B

Technical Specification

BA wise Average consumption in litre/hour for various makes of DG with Different

capacity

Capacity

Make

Circle Average consumption in litres/hour

5 KVA 1

7.5KVA

Eicher 1.6

Mahindra 1.8

Ph1 1.5

15KVA

APC 2.6

Automech 1.9

Diesel Tech 2

Eicher Ph IV 2.1 Eicher Ph V 1.8

FG Wilson 2.1

Indo French 2

Innova 2

Jeevan 1.9

KEC 2.5

Kirloskar 2.1

Lister Petter 2.5

Mahindra 2.1

SIMPSON 2.5

Stanford 2.1

30 KVA

Ruston 3.5

Layland 3.5

CG 3.5

Mahindra 3.5

Escort 3.5

Ashok Leyland 3.5

Kiol 3.5

Kirloskar 3.5

18

SECTION – 3 Part C

SCHEDULE OF REQUIREMENTS (SOR)

BTS sites in Kollam BA

Sl.No Description of Activity/Sites Quantity under the

Contract

1 Mobile Access Equipment Maintenance (MAEM) 259 Sites

2 Mobile Infrastructure Maintenance(MIM) Full 95 Sites

3 Mobile Infrastructure Maintenance(MIM) Partial 152 Sites

4 Diesel Filling 600 instances

5 Rigger activities: Normal 264 instances

6 Rigger activities: Hard 216 instances

Note:

1. Bidder shall furnish the detailed Bill of work for each item mentioned above

with reference to Section 3 Part A.

2. BSNL reserves the right to vary the quantity to the extent of - 25% to + 25%

of the specified quantity.

19

SECTION-4 PART-A

GENERAL INSTRUCTIONS TO BIDDERS (GIB) 1. DEFINITIONS

1.1. “The Purchaser" means the Bharat Sanchar Nigam Ltd. (BSNL), New

Delhi.

1.2. “The Bidder" means the individual or firm who participates in this

tender and submits its bid.

1.3. "The Supplier" or “The Vendor”/ “Contractor” means the individual or

firm supplying the goods/ service under the contract.

1.4. "The Goods" means all the equipment, machinery, and/or other

materials which the Supplier is required to supply to the Purchaser

under the contract.

1.5. "The Advance Purchase Order" or “Letter of Intent” means the

intention of Purchaser to place the Purchase Order on the bidder.

1.6. “The Purchase Order" or "The Work Order" means the order placed by

the Purchaser on the Supplier signed by the Purchaser including all

attachments and appendices thereto and all documents incorporated by

reference therein. The purchase order shall be deemed as "Contract"

appearing in the document.

1.7. "The Contract Price" means the price payable to the Supplier under

the purchase order for the full and proper performance of its contractual

obligations.

1.8. "Validation" is a process of testing the equipment as per the Generic

Requirements in the specifications for use in BSNL network. Validation

is carried out in simulated field environment and includes stability,

reliability and environmental tests.

1.9. "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.

1.10. “Successful Bidder(s)” means the bidder(s) to whom the work(s) in this

tender is awarded. “SSA”means Secondary Switching Areas defined by BSNL (generally

comprising of one or more revenue districts).

1.11. “ BA” means Business Area comprising of one or more SSA’s

2. ELIGIBILITY CONDITIONS:

The bidders should have



1956/2013 / Partnership firms/Sole proprietary firms/reputed and

20



Firm registered under applicable Acts (Proof Should be uploaded).




regard.






force, in connection with the employment of the contract labour viz. Contract

Labour R&A Act 1970, Workmen Compensation Act, EPF/ESI Act and Bonus act

1965 and all other regulation covered under Labour Act at present and in the

currency of contract in force.



successfully completed works of similar nature viz Mobile Access

Equipment Maintenance, Mobile Infrastructure Maintenance,

Diesel Filling and Rigger activities as detailed in Section 3 Part A

for any Government/ Public Sector Organization/other telecom

service providers for a period of not less than one year anytime

during the last five years immediately preceding the date of

submission of bid.




Bidders will be required to support claims of their financial qualification through their audited financial statements duly certified by their CA. The bidders shall submit necessary documentary proof showing that they

meet the eligibility criteria along with their tender bid. All documents

submitted will also be self-attested by the bidder.

Note: All documents mentioned in Clause 3 of Section 2 Tender


Commercial Part”.

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. DOCUMENTS REQUIRED

4.1. The service required to be supplied; bidding procedures and contract

21

terms and conditions are prescribed in the Bid Documents. The

contents of the Bid documents are specified in the covering letter.

4.2. The Bidder is expected to examine all instructions, forms, terms and

specifications in the Bid Documents and clarifications/ amendments/

addenda, if any. Failure to furnish all information required as per the

Bid Documents or submission of the bids not substantially responsive

to the Bid Documents in every respect will be at the bidder's risk and

may result in rejection of the bid.

5. CLARIFICATION OF BID DOCUMENTS

5.1. A prospective bidder, requiring any clarification on the Bid Documents shall notify the BSNL kollam in writing by Email (Mail ID :

[email protected]) as indicated in the invitation of Bid. The Purchaser shall respond in writing to any request for the clarification of the Bid Documents, which it receives latest upto 7 days from issue of NIT.

Copies of the query (without identifying the source) and clarifications by the Purchaser shall be sent to all the prospective bidders who have received the bid documents.

5.2. Any clarification issued by BSNL in response to query raised by

prospective bidders shall form an integral part of bid documents and

shall amount to an amendment of the relevant clauses of the bid

documents.

6. AMENDMENT OF BID DOCUMENTS

6.1. The Purchaser may, for any reason, whether at its own initiative or in

response to a clarification requested by a prospective bidder, may

modify bid documents by amendments prior to the date of submission

of Bids with due notification to prospective bidders.

6.2. The amendments shall be notified in writing by Fax or Email or by

Addendum through e-tendering portal to all prospective bidders on the

address intimated at the time of purchase of the bid document from

BSNL and these amendments will be binding on them.

6.3. In order to afford prospective bidders a reasonable time to take the

amendment into account in preparing their bids, the purchaser may, at

its discretion, extend the deadline for the submission of bids suitably.

7. DOCUMENTS COMPRISING THE BID

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

components:

7.1. Documentary evidence establishing that the bidder is eligible to bid

and is qualified to perform the contract if its bid is accepted in

accordance with the clause 2 & 10.

7.2. Bid Security/EMD furnished in accordance with clause 12.

7.3. A Clause by Clause compliance as per clause 11.2 (b)

7.4. A Bid form and price schedule completed in accordance with clause 8 &

9.

22

8. BID FORM

8.1. The bidder shall complete the bid form and appropriate Rate Schedule

furnished in the Bid Documents, indicating the service to be provided,

brief description of activity and rate as per section- 9.

9. BID PRICES (which-ever applicable)

9.1. The bidder shall quote the CONTRACT charges per unit per annum

(Inclusive of all Taxes & Levies but excluding GST).

9.2. The supplier shall quote as per rate 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 rate quotation will be treated as

non-responsive and rejected.

9.4. The rate quoted by the bidder shall be in sufficient detail to enable the

Purchaser to arrive at the rate for the work offered.

9.5. "DISCOUNT if any, offered by the bidders shall not be considered unless

specifically indicated in the rate schedule. Bidders desiring to offer

discount shall therefore modify their offers suitably while quoting and

shall quote clearly net price taking all such factors.

10. DOCUMENTS ESTABLISHING BIDDER'S ELIGIBILITY AND QUALIFICATION

10.1. The bidder shall furnish, as part of the bid documents establishing the

bidder's eligibility, the following documents or whichever is required as per

terms and conditions of Bid Documents.

10.1.a. Valid MSME certificate, if applicable

10.1.b. Documents to establish the eligibility and qualification of bidder as

specified in Section-I and Section-4 Part A.

10.1.c. Power of Attorney as per clause 14.3 (a) and (d) and authorization

for executing the power of Attorney as per clause 14.3 (b) or (c), if

applicable.

10.1.d. Documentary proof of GST registration. If the bidder is not

registered with GST authority at the time of bid submission, then he

shall have to submit GST registration at the time of award of work/

LoI/signing of contract, if declared successful.

10.1.e. Documentary proof of PAN registration.

10.1.f. Documentary proof of EPF registration.

10.1.g. Documentary proof of ESI registration.

10.1.h. Undertaking duly signed by front bidder and its technology/

consortium partner stating that both of them shall be liable for due

performance of the contract jointly and severally, if applicable.

10.1.i. Certificates from all Directors of the bidder stating that none of their

near relatives are working in BSNL in accordance with clause 34.

10.1.j. Certificate of incorporation & letter showing authorised signatory if

applicable.

10.1.k. Article or Memorandum of Association or partnership deed or

proprietorship deed as the case may be.

23

10.1.l. List of all Directors including their name(s), Director Identification

Number(s) (DIN) and address(es) along with contact telephone

numbers of office and residence.

10.1.m. Registration certificate from State Director of Industries or from

Secretariat for Industrial Assistance (SIA), Ministry of Industries,

Government of India.

10.1.n. Letter showing authorised signatory if applicable.

10.1.o. Undertaking and Declaration as per Section-6 – 6(A)

10.1.p. Declaration that no changes has been made to the tender document

as per Section-6-6(C)

10.1.q. Declaration regarding non blacklisting as per Section-6-6(D)

10.2. Documentary evidence for financial and technical capability

10.2.a. The bidder shall furnish audited Annual Report and /or a certificate

from its bankers to assess its solvency/financial capability to prove

that the total annual turnover (audited) of the bidder should be at

least 30% of annual estimated cost of tender, during each of the

consecutive financial years 2017-18 and 2018-19 from telecom business.

10.2.b. The bidder shall furnish documentary evidence about technical and

production capability necessary to perform the contract. The

documentary proof, signed by the authorized signatory, in the

format attached in Annexure – 8.

10.3. In order to enable the Purchaser to assess the proven-ness of the system

offered, the bidder shall provide documentary evidence regarding the

system being offered by him.

10.4. 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 (If applicable).

10.5. 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” (If applicable).

11. DOCUMENTS ESTABLISHING SERVICE 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 services which he proposes to supply under the contract.

11.2. The documentary evidences of the services conformity to the Bid

Documents may be, in the form of literature, data etc. and the bidder

shall furnish:

11.2.a. A detailed description of service with essential technical and

performance characteristics;

24

11.2.b. A clause-by-clause compliance on the purchaser's Technical

Specifications and Commercial Conditions demonstrating

substantial responsiveness to the Technical Specifications and

Commercial Conditions. In case of deviations, a statement of the

deviations and exception to the provision of the Technical

Specifications and Commercial Conditions shall be given by the

bidder. A bid without clause-by-clause compliance of the Scope of

Work, Technical Specifications, SOR (Section-3 Part A, B & C),

General (Commercial) Conditions & Special (Commercial)

Conditions, (Section- 5 Part A&B) shall not be considered.

12. BID SECURITY / EMD

12.1. The bidder shall furnish, as part of its bid, a bid security/EMD as

mentioned in Clause 6 of Section-1(DNIT).

12.2. The MSE bidders are exempted from payment of bid security/EMD.

12.2.a. A proof regarding valid registration with body specified by

Ministry of Micro, Small & Medium Enterprise for the tendered

item will have to be attached along with the bid.

12.2.b. The enlistment certificate issued by MSME should be valid on

the date of opening of tender.

12.2.c. If a vender registered with body specified by Ministry of Micro,

Small & Medium Enterprise claiming concessional benefits is

awarded work by BSNL and subsequently fails to obey any of

the contractual obligations; he will be debarred from any

further work / contract by BSNL for one year from the date of

issue of such tender.

12.3. The bid security/EMD is required to protect the purchaser against the

risk of bidder's conduct, which would warrant the forfeiture of bid

security/EMD pursuant to Para 12.6.

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.

12.5. The bid security/EMD of the unsuccessful bidder will be discharged/

returned as promptly as possible and latest by the expiry of the period

of the bid validity period prescribed by the purchaser pursuant to clause

13.

12.6. The successful bidder's bid security/EMD 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 & 27 of this section.BID SECURITY / EMD

will not carry any interest

12.7. The bid security/EMD may be forfeited:

12.7.a. If the bidder withdraws or amends its bid or impairs or

derogates from the bid in any respect during the period of bid

25

validity specified by the bidder in the bid form or extended

subsequently; or

12.7.b. If the bidder does not accept APO/PO and / or does not submit

PBG & sign the contract / agreement in accordance with

clause 28;

12.8. The front bidder shall submit an irrevocable undertaking in non-

judicial stamp paper of appropriate value duly signed by it and its

technology/ consortium partner stating that both of them i.e. the front

bidder and its technology/ consortium partner shall be liable for due

performance of the contract jointly and severally, failing which both of

them shall be liable to be barred from participating in future

tenders/EOIs/ RFPs of BSNL for a period of two years.

13. PERIOD OF VALIDITY OF BIDS

13.1. Bid shall remain valid for period specified in clause 2 Section 2 of

Tender Information. A bid valid for a shorter period shall be rejected by

the purchaser being non-responsive.

13.2. In exceptional circumstances, the purchaser may request the consent of

the bidder for an extension to the period of bid validity. The request and

the response thereto shall be made in writing. The bid security/EMD

provided under clause 12 shall also be suitably extended. The bidder

may refuse the request without forfeiting its bid security/EMD. 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, by hand signatures by the

authorized person. The letter of authorization shall be indicated by

written power-of-attorney accompanying the bid.

14.2. The bid shall contain no interlineations, erasures or overwriting except

as necessary to correct errors made by the bidder in which case such

corrections shall be signed by the person or persons signing the bid. All

pages of the original bid, except for un-amended printed literatures,

shall be manually signed by the person or persons signing the bid.

14.3. Power of Attorney

14.3.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.

14.3.b. The power of Attorney is 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.

26

14.3.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.

14.3.d. Attestation of the specimen signatures of such authorized

signatory of the bid by the Company’s/ firm’s bankers shall be

furnished. Name, designation, Phone number, mobile number,

email address and postal address of the authorized signatory

shall be provided.

14.3.e. In case, authorized signatory of the bid (i.e. PoA holder) is

different than the person who submits the online bids using

digital signatures certificate (DSC), then the power of Attorney

should also include the name of this person submitting online

bids on e-tender portal.

15. Sealing and Marking of Bids

15.1. The bids should be submitted as per Section 2 - Clause 3 of tender

information.

15.2. The bids are being called under Single Stage Bidding & Two Envelope System. The bidder shall submit his bid in two envelopes;

15.2.a. The first envelope will be named as Techno-Commercial bid.

This envelope will contain documents of bidder’s satisfying the

eligibility / technical & commercial conditions as per clause 2 &

10 and with bid security/EMD as per clause 12.

Second envelope will be named as Financial Bid containing Price

Schedules as per Section-9 Part B) .

15.2.b. All Offline documents shall be addressed to the purchaser

inviting the tender as given below.

Assistant General Manager (Plg)

O/o General Manager Telecom, BSNL,

Kollam- 691012

Ph: -0474-2796600

The offline envelope shall bear the name of the tender, the tender

number and the words 'DO NOT OPEN BEFORE 12.10 hrs

on 01/08/2020

15.3. The inner and outer envelopes shall indicate the name and complete

postal address of the bidder to enable the purchaser to return the bid

unopened in case it is declared to be received 'late'.

15.4. If both the envelopes are not sealed and marked as required at para

15.1 and 15.2, the bid shall be rejected.

15.5. Offline envelope should be deposited in the tender box provided by

tendering authority or sent by registered post or delivered in person on

above mentioned address. The responsibility for ensuring that the

tenders are delivered in time would vest with the bidder.

15.6. Bids delivered in person on the day of tender opening shall be delivered

upto specified time & date as stated in NIT to concerned officer specified

by tendering authority at the venue (address is given in clause 15.2.b

27

above). The purchaser shall not be responsible if the bids are delivered

elsewhere.

15.7. Venue of Tender Opening:

i) The venue of tender opening will be at the O/o Assistant General

Manager (Planning), BSNL Bhavan, Kollam.

ii) If due to administrative reasons, the venue of Bid opening is

changed, it will be displayed prominently on the venue mentioned

above.

15.8. If both the envelopes are not submitted as required at para 15.1 to 15.7

above, the bid shall be rejected.

16. SUBMISSION OF BIDS

16.1. Bids must be submitted by the bidder on or before the specified date

and time indicated in Clause 6 of section -1 i.e. DNIT

16.2. The purchaser may, at its discretion, extend this deadline for the

submission of bids by amending the Bids Documents in accordance

with clause 6 of section -1, in which case all rights and obligations of

the purchaser and bidders previously subjected 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 the service as required in 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 after the specified deadline for submission of

bids prescribed by the purchaser.

18. MODIFICATION AND WITHDRAWAL OF BIDS

18.1. The bidder may modify, revise or withdraw his bid after submission

prior to deadline prescribed for submission of bid.

18.2. The bidder’s modification, revision or withdrawal shall have to be online

and digitally authenticated.

18.3. 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 the presence of the authorized

representatives of bidders online. The bidder's representatives, who are

present, shall sign in an attendance register. Authority letter to this

effect shall be submitted by the authorized representatives of bidders

before they are allowed to participate in bid opening (A Format is given

in enclosed in Section-7 C).

19.2. 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

28

19.3.a. Techno-commercial bid only will be opened on the date of tender

opening given in NIT. Date of opening of financial bid will be

intimated to all bidders qualified technically.

19.3.b. The following information should be read out at the time of

Techno-commercial bid opening: -

a) Name of the Bidder

b) Name of the item

c) EMD amount & validity and acceptability

d) Information in respect of eligibility of the bidder.

e) Details of bid modification/ withdrawal, if applicable.

19.3.c. The following information should be read out at the time of

Financial bid opening: -

a) Name of the Bidder

b) Name of the item

c) Rate quoted in the bid

d) Discount, if offered

e) Taxes& levies

(Information as per electronic forms shall be populated as comparison chart on e-tender system and no

information shall be read out)

19.4. The date fixed for opening of bids, if subsequently declared as holiday

by the BSNL, the revised date of schedule will be notified. However, in

absence of such notification, the bids will be opened on next working

day, time and venue remaining unaltered.

20. CLARIFICATION OF BIDS

20.1. To assist in the 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 noncompliance to such queries, the bid will be out rightly

rejected without entertaining further correspondence in this regard.

21. PRELIMINARY EVALUATION

21.1. Purchaser shall evaluate the bids to determine whether they are

complete, whether any computational errors have been made, whether

required sureties have been furnished, whether the documents have

been properly signed and whether the bids are generally in order.

21.2. Arithmetical errors shall be rectified on the following basis. Based on

the quoted percentage of duties and taxes, Freight etc. the amounts

quoted thereof shall be worked out and rounded off to 2 decimal points.

In case the unit price quoted does not tally with its breakup quoted, the

29

same shall be corrected by summing up the breakups. If there is a

discrepancy between the unit price and total price that is obtained by

multiplying the unit price and quantity, the unit price shall prevail and

the total price shall be corrected by the purchaser.

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

words shall prevail. If the supplier does not accept the correction of the

errors, its bid shall be rejected.

21.4. Prior to the detailed evaluation pursuant to clause 22, the Purchaser

will determine the substantial responsiveness of each bid to the Bid

Document. For purposes of these clauses, a substantially responsive bid

is one which confirms to all the terms and conditions of the Bid

Documents without material deviations. The purchaser's determination

of bid's responsiveness shall be based on the contents of the bid itself

without recourse to extrinsic evidence.

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

purchaser and shall not subsequent to the bid opening be made

responsive by the bidder by correction of the non-conformity.

21.6. The Purchaser may waive any minor infirmity or non-conformity or

irregularity in a bid which doesn't constitute a material deviation,

provided such waiver doesn't prejudice or affect the relative ranking of

any bidder. The decision of BSNL in this regard shall be final.

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 rate quoted excluding GST. The BSNL

shall examine the bids to determine whether these are complete and are

generally in order, without computational errors, with required

enclosures and appropriate documents. Bids without quoting for all the

items will not be evaluated.

22.3. Vendors should furnish the correct HSN/SAC in the price Schedule. If

the supplier fails to furnish necessary supporting documents i.e. GST

invoices etc. In respect of the Duties/taxes for which ITC is available to

BSNL, the amount pertaining to such Duties/Taxes will be deducted

from the payment due to the firm.

22.4. Evaluation criteria: Evaluation will be made on the basis of the rate

quoted for work and multiplied with number of quantities mentioned

and summing up the cost for all the work points, but excluding GST.

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

30

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 work orders on those eligible

bidders whose offers have been found technically, commercially and

financially acceptable. The Purchaser reserves the right to counter offer

price(s) against price(s) quoted by any bidder.

24.2. The ordering rate of any bidder shall not exceed the lowest evaluated

price (If applicable)

24.3. The purchaser reserves the right for the placement of order of entire

tendered quantity on the bidder with the lowest evaluated price.

25. PURCHASER'S RIGHT TO VARY QUANTITIES

25.1. BSNL reserves the right to increase or decrease up to 25 % of the

quantity of services specified in the schedule of requirements without

any change in the rate or other terms and conditions at the time of

award of contract.

25.2. BSNL also reserves the right for placement of additional order or up to

50% of the additional quantities of 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 taxes etc and service to be provided with in the

period scheduled afresh.

25.3. In exceptional situation where requirement is of an emergent nature

and it is necessary to ensure continued service from the existing vendor,

the purchaser reserves the right to place repeat order up to 100% of

quantities of service contained in the running tender 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 condition and the impact of reduction in duties and taxes etc.

Exceptional situation and emergent nature should be spelt out clearly

detailing the justification as well as benefits accrued out of it and loss

incurred in case this provision is not invoked and approved by the

authority competent to accord administrative and financial approval for

the procurement calculated on the basis of total procurement i.e. initial

and proposed add-on quantity.

25.4. Purchaser reserves the right to offer the contract to any other tenderer or any other agency in case of unsatisfactory work. .The contractor should carry out the work to the satisfaction of BSNL officer in charge and in the event of his

failure the contract work will be got done from some other agency at the cost of the contractor and payment will be settled on prorate Basis.

25.5. The decision of the Purchaser on any matter connected to this tender is final binding.

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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 LETTER OF INDENT/ADVANCE WORK ORDER

27.1. The issue of Letter of Intent/Advance Work Order shall constitute the

intention of the Purchaser to enter into contract with the bidder.

27.2. The bidder shall within 14 days of issue of the advance work/purchase

order, give its acceptance along with performance security in

conformity with the proforma provided with the bid document at

Section-7B. Performance security will not carry any interest.

27.3. In the event of withdrawal of AWO/LoI, subsequent claim of bidder for

placement of Work Order/signing of contract, shall not be entertained

by this office.

27.4. The accepted bidder may be issued advanced work/purchase order for

the quantity required at the time of issue of AWO/APO within the

provisions of the Tender. WO/P O for additional requirements will be

issued as and when required with the capping of maximum provision

in the Tender.

28. SIGNING OF CONTRACT

28.1. The signing of agreement and the issue of work order shall constitute

the award of contract on the bidder.

28.2. Upon the successful bidder furnishing performance security pursuant

to clause 27, the Purchaser shall discharge the bid security/EMD in

pursuant to clause 12, except in case of successful bidder, after

finalization of ordering of complete tendered quantity in pursuance to

clause no. 24 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/EMD 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: Not Applicable

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.

31.1.a. Clauses 12& 13.1 of Section- 4 Part A: The bids will be

rejected at opening stage if bid security/EMD is not submitted

as per Clauses 12 of Section- 4 Part A and bid validity is less

than the period prescribed in Clause 13.1 of Section- 4 Part A.

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31.1.b. Clause 2 & 10 of Section-4 Part 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.

31.1.c. Clause 11.2 (b) 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.

31.1.d. While giving compliance to Section-5 Part A, General

Commercial conditions, Section-4 Part B, Special Instructions

to Bidders, Section-5 Part B Special (Commercial) Conditions

of Contract, Section-3 Part A Scope of Work and Section-3

Part-B Technical Specification, 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.

31.1.e. Section-9 Part-B Financial Bid Rate: Rates are not filled in as

prescribed in price schedule.

31.1.f. Section-4 Part A clause 9.5 on discount which is reproduced

below:

"Discount, if any, offered by the bidder shall not be considered

unless specifically indicated in the price schedule. Bidders

desiring to offer discount shall therefore modify their offer

suitably while quoting and shall quote clearly net price taking

all such factors like Discount, free supply etc. into account".

31.2. Before outright rejection of the Bid by Bid-opening team for non-

compliance of any of the provisions mentioned in clause 31.1(a),

31.1(b) of Section-4Part-A, the bidder company is given opportunity to

explain their position, however if the person representing the company

is not satisfied with the decision of the Bid opening team, he/they can

submit the representation to the Bid opening team immediately but in

no case after closing of the tender process with full justification

quoting specifically the violation of tender condition if any.

31.3. Bid opening team will not return the bids submitted by the bidders on

the date of tender opening even if it is liable for rejection and will

preserve the bids in sealed cover as submitted by taking the signatures

of some of the desirous representatives of the participating

bidder/companies present on the occasion.

31.4. The in-charge of Bid opening team will mention the number of bids

with the name of the company found unsuitable for further processing

on the date of tender opening and number of representations received

in Bid opening Minutes and if Bid opening team is satisfied with the

argument of the bidder/company mentioned in their representation

33

and feel that there is prima-facie fact for consideration, the in-charge

of the bid opening team will submit the case for review to Officer

competent to approve the tender as early as possible preferably on next

working day and decision to this effect should be communicated to the

bidder company within a week positively. Bids found liable for rejection

and kept preserved on the date of tender opening will be returned to

the bidders after issue of P.O. against the instant tender.

31.5. If the reviewing officer finds it fit to open the bid of the petitioner, this

should be done by giving three (working) days’ notice to all the

participating bidders to give opportunity to participants desirous to be

present on the occasion.

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

DEFAULT.

In case of default by Bidder(s)/ Vendor(s) such as

a) Does not provide the service in time;

b) Service 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/EMD 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

34

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 verify the genuineness and correctness of all documents and

certificates, including experience/performance certificates, issued either by the

bidder or any other firm / associate before submitting them in the bid. The onus

of proving genuineness of the submitted documents would rest with the bidder.

As per requirement of the tender’s conditions, if any document / paper /

certificate submitted by the participant bidder is found to be false / fabricated /

tampered / manipulated at any stage during bid evaluation or award of contract,

then the bid security (EMBG) of the bidder would be forfeited and the bidder

would be disqualified from the tender. Action would also be taken for banning of

business dealing with the defaulting firm. In case contract has already awarded to

the bidder, then PBG would be forfeited and the contract would be rescind /

annulled and BSNL would be at liberty to procure the ordered goods and services

from any other source at the risk and cost of the defaulting bidder. Action would

also be taken for banning business dealing with the defaulting firm.

Note: To obviate any possibility of doubt and dispute and maintain veracity of the

documents / papers / certificates, the documents conforming to eligibility part

will be submitted by the participant bidder duly authenticated by the authorized

signatory along with EMBG (bid security) of requisite amount and will be checked

at the time of tender opening. The documents / papers to be submitted in

respective bid part will be explicitly mentioned in relevant clauses. This bid part

already signed by the authorized representative of the bidder company during bid

submission) will be signed by the in charge of the tender opening team and will be

kept preserved along with the bid submitted. In case of any dispute these papers

will be treated as authentic one.

36. Security Clause as per latest guidelines and requirement

Mandatory Licensing requirements with regards to security related concerns

issued by the Government of India are applicable from time-to-time and shall be

strictly followed.

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 Mi-

cro, Small & Medium Enterprise (MSME) with respect to provisions for Micro &

Small Enterprises (MSEs) shall be followed.

37.1 CONCESSIONS TO MSE UNITS: The guidelines, issued by Ministry of Micro, Small & Medium Enterprise (MSME), Government of India regarding concessions for Micro& Small Enterprise Units registered with District Industries Centres or Khadi& Village Industries Commission or Khadi & Village Industries Board or Coir Board or National Small Industries Corporation(NSIC) or Directorate of Handicrafts & Handloom or any other body specified by Ministry of Micro, Small & Medium Enterprise, have been considered by the BSNL (Corporate Office) and it has been decided that these units shall be allowed the following concessions.

As per the instruction of DOT ltr dt 02/04/2018 along with Department of Expenditure OM dt 28/02/2018 , Registration of UAM (Udyog Aadhar

memorandum) by ministry of MSME vendors on CPPP(Central Public

35

Procurement Portal) is mandatory. The bidders who also fail to submit UAM number shall not be able to avail the benefits available to MSEs as contained in Public Procurement Policy for MSEs order, 2012 issued by MSME. 1. Supply of Tender Documents: The tender documents shall be issued to MSE bidders free of

cost provided the tendered item is listed in the Registration Certificate of MSE.

2. Exemption from payment of Bid Security deposit /Earnest Money Deposit

The MSE units registered with bodies as detailed in para 37.1 above shall be given exemp-

tion from payment of Bid Security deposit provided the tendered item is listed in the Regis-

tration Certificate of MSE.

a) A proof regarding current registration with bodies as detailed in para 371 above for the ten-

dered items will have to be attached along with the bid.

b) The enlistment certificate issued by bodies as detailed in para 37.1 should be current &

valid on the date of opening of bid.

Appendix-1 to Section 4 Part A Guidelines on Action to be taken on Defaulting Vendors

S. No.

Defaults of the bidder / vendor. Action to be taken

A B C

1(a)

Submitting fake / forged

i) Rejection of tender bid of respective Vendor. ii) Banning of business for 3 years which implies barring further dealing with the bidder for procurement of Goods & Services including participation in future tenders invited by BSNL for 3 years from date of issue of banning order. iii) Termination/ Short Closure of WO, if issued. This implies non-acceptance of further work & services except to make the already received complete work in hand.

a) Bank Instruments with the bid to meet terms & condition of tender in respect of tender fee and/ or EMD.

b) Certificate for claiming exemption in respect of tender fee and/ or EMD;

and detection of default at any stage from receipt of bids till award of AWO/ issue of WO.

Note 1:- However, in this case the performance guarantee if alright will not be forfeited.

Note 2:- Payment for already received completed work shall be made as per terms & conditions of WO.

1(b)

Submitting fake / forged documents towards meeting eligibility criteria such as experience capability, supply proof, registration with GST, 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 AWO

i) Rejection of Bid & ii) Forfeiture of EMD. (iii)Banning of business for upto 3 years which implies Barring further dealing with the vendor for procurement of Goods and Services including participation in future tenders invited by BSNL for upto Three Years from date of issue of banning order.

36

(ii) If detection of default after issue of AWO but before receipt of PG/ SD (DD,BG etc.)

(i)Cancellation of AWO , ii) Rejection of Bid & iii) Forfeiture of EMD. iv) Banning of business for upto 3 years which implies Barring further dealing with the vendor for procurement of Goods and Services including participation in future tenders invited by BSNL for upto Three Years from date of issue of banning order.

(iii) If detection of default after receipt of PG/ SD (DD,BG etc.) .

i)Cancellation of AWO ii) Rejection of Bid & iii) Forfeiture of PG/ SD. However on realization of PG/ SD amount, EMD, if not already released shall be returned. iv) Banning of business for upto 3 years which implies Barring further dealing with the vendor for procurement of Goods and Services including participation in future tenders invited by BSNL for upto Three Years from date of issue of banning order

(iv) If detection of default after issue of WO

i)Termination/ Short Closure of WO and Cancellation of AWO ii) Rejection of Bid & iii) Forfeiture of PG/ SD. However on realization of PG/ SD amount, EMD, if not released shall be returned.

iv) Banning of business for upto 3 years which implies Barring further dealing with the vendor for procurement of Goods and Services including participation in future tenders invited by BSNL for upto Three Years from date of issue of banning order

Note 3:- However, settle bills for the services received 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 threatens BSNL Executive / employees and/ or obstruct him from functioning in discharge of his duties & responsibilities for the following :

a) Obstructing functioning of tender opening executives of BSNL in receipt/ opening of tender bids from prospective Bidders, suppliers/ Contractors.

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 for 3 years from date of issue of banning order.

b) Obstructing/ Threatening other prospective bidders i.e. suppliers/ Contractors from entering the tender venue and/ or submitting their tender bid

37

freely.

3 Non-receipt of acceptance of AWO and SD/ PG by L-1 bidder within time period specified in AWO.

Forfeiture of EMD.

4.1 Failure to execute the work at all even in extended delivery schedules, if granted against WO.

i) Termination of WO. ii) Under take work in accordance with Clause 15 Section 5A at the risk of defaulting bidder iii) Recover the excess charges if incurred from the PG/ SD and outstanding bills of the defaulting Vendor.

4.2 Failure to execute the work in full even in extended delivery schedules, if granted against PO/ WO.

i) Short Closure of WO to the service already received by BSNL and/ or in pipeline provided ii) Under take work in accordance with Clause 15 Section 5A at the risk of defaulting bidder

iii) Recover the excess charges if incurred from the PG/ SD and outstanding bills of the defaulting bidder.

5.1 The supplied equipment does not perform satisfactory in the field in accordance with the specifications mentioned in the PO/ WO/Contract.

i) If the material is not at all acceptable, then return the non-acceptable material (or its part) & recover its cost, if paid, from the o/s bills/ PG/ 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 outstanding dues of vendor including PG/ SD.

5.2 Major quality problems (as established by a joint team / committee of User unit(s) and QA Circle) / performance problems and non-rectification of defects (based on reports of field units and QA circle).

i) If the material is not at all acceptable, then return the non-acceptable material (or its part) & recover its cost, if paid, from the o/s bills/ PG/ 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 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 & SD etc. and by invoking ‘Set off’ Clause 21 of Section 5 Part A or by any other legal tenable manner. ii) Banning of Business for 3 years from date of issue of banning order or till the date of recovery of over payment in full, whichever is later.

(a) for amount already paid by BSNL .

(b) for Quantity in excess of that supplied by Vendor to BSNL.

c) for amount higher than that approved by BSNL for that service.

38

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 vendor tampers with the hardware, software/ firmware or in any other way that

i) Termination of PO/ WO. 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 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.

a) Adversely affects the normal working of BSNL equipment(s) and/ or any other TSP through BSNL.

b) Disrupts/ Sabotages functioning of the BSNL network equipments such as exchanges, BTS, BSC/ MSC, Control equipment including IN etc., transmission equipments but not limited to these elements and/ or any other TSP through BSNL.

iv) Legal action will be initiated by BSNL against the Vendor if required. 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 its financial position has become unsound and in case of a limited company, if it is wound up or it is liquidated.

i) Termination/ Short Closure of the WO. ii) Settle bills for the service received if pending work does not affect the working or use of the services received iii) Under take work in accordance with Clause 15 Section 5A at the risk of defaulting bidder iv) In case of turnkey projects, If the services are provided without any degradation of performance, then settle bills for the acceptable service (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.

9

In the event of the vendor, its proprietor, Director(s), partner(s) is / are convicted by a Court of Law following prosecution for offences involving moral turpitude in relation to the business dealings.

i)Termination/ Short Closure of the WO. ii) Settle bills for the service received if pending work does not affect the working or use of the services received iii) Under take work in accordance with Clause 15 Section 5A at the risk of defaulting bidder

39

iv) In case of turnkey projects, If the services are provided without any degradation of performance, then settle bills for the acceptable service (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 BSNL’s dues: i) Take action to appoint Arbitrator to adjudicate the dispute.

a) Inspite of order of Arbitrator.

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

b) Inspite of Court Orders.

i) Termination of contract, if any. ii) Banning of business for 3 years which implies barring further dealing with the vendor for procurement of Goods & Services including participation in future tenders invited by BSNL from date of issue of banning order or till the date by which vendor clears the BSNL’s dues, whichever is later.

11

If the Central Bureau of Investigation/ Independent External Monitor (IEM) / Income Tax/ GST Authorities / Custom Departments recommends such a course

Take Action as per the directions of CBI or concerned department.

12 The following cases may also be considered for Banning of business:

i) 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 for 3 years from date of issue of banning order.

(a) If there is strong justification for believing that the proprietor, manager, MD, Director, partner, employee or representative of the vendor/ supplier has been guilty of malpractices such as bribery, corruption, fraud, substitution of tenders, interpolation, misrepresentation with respect to the contract in question.

40

(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 the respective tender.

Note 8:-In case of clash between these guidelines & provision of invited tender, the provision in the respective tender shall prevail over these guidelines.

Note 9: Banning of Business dealing order shall not have any effect on the existing/ ongoing works which will continue along with settlement of Bills.

41

Section-4 Part B

Special Instructions to Bidders

1. Eligibility Conditions: The bidders should have



1956/2013 / Partnership firms/Sole proprietary firms/reputed and



Firm registered under applicable Acts (Proof Should be uploaded).




regard.






force, in connection with the employment of the contract labour viz. Contract

Labour R&A Act 1970, Workmen Compensation Act, EPF/ESI Act and Bonus act

1965 and all other regulation covered under Labour Act at present and in the

currency of contract in force.



successfully completed works of similar nature viz Mobile Access

Equipment Maintenance, Mobile Infrastructure Maintenance,

Diesel Filling and Rigger activities as detailed in Section 3 Part A

for any Government/ Public Sector Organization/other telecom

service providers for a period of not less than one year anytime

during the last five years immediately preceding the date of

submission of bid.




Bidders will be required to support claims of their financial qualification through their audited financial statements duly certified by their CA. The bidders shall submit necessary documentary proof showing that they

meet the eligibility criteria along with their tender bid. All documents

submitted will also be self-attested by the bidder.

Note: All documents mentioned in Clause 3 of Section 2 Tender


Commercial Part”.

42

2. Bid security/EMD:

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

3. Distribution of Quantity The purchaser intends to allot 100% of quantity to the L1 bidder among those bidders whose bids are Techno-commercially and financially eligible.

43

SECTION 4– Part C

E-tendering Instructions to Bidders

General

These Special Instructions (for e-Tendering) supplement ‘Instruction to

Bidders’, as mentioned in the tender documents.

BSNL has decided to use process of e-tendering for inviting this tender

and thus the physical copy of the tender would not be sold. Submission of Bids

through online process is mandatory for this Tender.

For conducting electronic tendering, BSNL, Kerala Telecom Circle, Kollam BA is

using the portal (https://etender.bsnl.co.in/irj/portal) of BSNL, a Government of

India Undertaking.

Please refer to Bidders Manual, Guidelines to bidders & FAQ available at

https://etender.bsnl.co.in/irj/portal.

Note: The instructions given below are pertaining to BSNL’s e-tender

portal. References/Clauses may be suitably modified as applicable to the e-

tender platform used by BA from time to time. Instructions

1. Tender Bidding Methodology:

Sealed Bid System – ‘Single Stage Bidding using Two Stage Opening using two

electronic envelopes (Techno commercial Bid and Financial Bid).

2. Broad outline of activities from Bidders prospective:

1. Procure a Digital Signing Certificate (DSC)

2. Register on Electronic Tendering System® (ETS)

3. Create Users and assign roles on ETS

4. View Notice Inviting Tender (NIT) on ETS

5. Download Official Copy of Tender Documents from ETS

6. Clarification to Tender Documents on ETS

a. Query to BSNL (Optional)

b. View response to queries, posted by BSNL, as addenda.

7. Bid-Submission on ETS

8. Attend Public Online Tender Opening Event (TOE) on ETS –Opening of

Technical-Part

9. View Post-TOE Clarification on ETS (Optional). Respond to BSNL’s Post –

TOE queries.

10. Attend Public Online Tender Opening Event (TOE) on ETS – Opening of

Financial-Part (Only for Technical Responsive Bidders)

For participating in this tender online, the following instructions are to be read

carefully. These instructions are supplemented with more detailed guidelines on the

relevant screens of the ETS.

Note 1: It is advised that all the documents to be submitted are kept scanned or

converted to PDF format in a separate folder on your computed before

44

starting online submission.

Note 2: While uploading the documents, it should be ensured that the file name

should be the name of the document itself

3. Digital Certificates

For integrity of data and authenticity/ non-repudiation of electronic records,

and to be complaint with IT Act 2000, it is necessary for each user to have a

Digital Certificate (DC). also referred to as Digital Signature Certificate (DSC), of

Class 2 or above, issued by a Certifying Authority (CA) licensed by Controller of

Certifying Authorities (CCA) [refer http://www.cca.gov.in].

4. Registration

Tender document can be downloaded from the website:

https://etender.bsnl.co.in/irj/portal and to be submitted in the e-format.

Amendments, if any, to the tender document will be notified in the above

website as and when such amendments are notified. It is the responsibility of

the bidders who have downloaded the tender document from the website to

keep themselves abreast of such amendments before submitting the tender

document.

Intending bidders are requested to register themselves with BSNL

Tender Portal through https://etender.bsnl.co.in/irj/portal for obtaining user-

id, Digital Signature etc., by paying Vendor registration fee. Tender processing

fee payment should be done during requisition of tender on line.

BSNL has decided to use process of e-tendering for inviting this

tender and thus the physical copy of the tender would not be sold.

Note: After successful submission of Registration details and Vendor

registration fee and processing fee (as applicable). Please contact BSNL ERP

TENDER HELP DESK (as given below), to get your registration

accepted/activated.

Sr. No.

Type of Query Contact Person

1. For User ID/Registration related assistance to bidders/vendors.

Please write Email [email protected] Landline: 0120-2755008, 0120-2755002, 0120-2755042

2. For bid specific query Contact the person mentioned in the tender document or the unit by whom tender is invited.

3. For any other assistance to bidders / vendors viz. query / suggestions / feedback

Neelesh Bansal, AM, ERP-MM Email: [email protected] Amit Kumar Sharma, AM, ERP-MM Email: [email protected] Rajiv Verma, AGM, ERP-MM Email : [email protected]

http://www.cca.gov.in/



45

BSNL Contact-1

BSNL’s Contact Person Sasikala.P

Telephone/ Mobile 04742796600,9447052456


BSNL Contact-2

BSNL’s Contact Person Sunil Castroe.R

Telephone/ Mobile 9447572800


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

The entire bid-submission would be online on ETS. Broad outline of submissions

are as follows:

1. Submission of Bid Security/ Earnest Money Deposit (EMD)

2. Submission of digitally signed copy of Tender Documents/

Addendum/Addenda

3. Eligibility proofs

4. Techno-commercial/Financial bids in electronic forms

6. Offline Submissions:

The bidder is requested to submit the all the below documents offline to AGM

(Plg),BSNL, kollam in a sealed envelope before the due date and time for

submission of bids. The envelope shall bear (name of the work), the tender

number and the words ‘DO NOT OPEN BEFORE’ (due date & time).

1. EMD for Rs 192450/- in the form of Demand Draft / Banker’s cheque

/ Bank guarantee (original)

2. Tender fee for Rs.1190/- in the form on DD / Banker’s cheque. or

proof of valid registration of MSME.

3. Power of Attorney, if applicable.

4. Integrity Pact (if applicable).

5. Sealed pass-phrases

NOTE: The Bidder has to upload the Scanned copy of all above said original

documents including Bank guarantee and DD of tender fee as Bid-Annexure during Online Bid-Submission.

7. Public Online Tender Opening Event (TOE)

BSNL ERP TENDER PORTAL offers a unique facility for ‘Public Online

Tender Opening Event (TOE)’. Tender Opening Officers as well as authorized

representatives of bidders can attend the Public Online Tender Opening Event

(TOE) from the comfort of their offices. For this purpose, representatives of

bidders, duly authorized are requested to carry a Laptop and Wireless

Connectivity to Internet. Every legal requirement for a transparent and secure

‘Public Online Tender Opening Event (TOE)’ has been implemented on BSNL

ERP TENDER PORTAL.

BSNL ERP TENDER PORTAL has a unique facility of ‘Online Comparison

46

Chart’ which is dynamically updated as each online bid is opened. The format

of the chart is based on inputs provided by the Buyer for each Tender. The

information in the Comparison Chart is based on the data submitted by the

Bidders in electronic forms. A detailed Technical and/ or Financial

Comparison Chart enhances Transparency. Detailed instructions are given on

relevant screens.

NOTE: In case of internet related problem at a bidder’s end, especially during

‘critical events’ such as – a short period before bid-submission

deadline, during online public tender opening event, during e-auction,

it is the bidder’s responsibility to have backup internet connections.

In case there is a problem at the e-procurement/ e-auction service-

provider’s end (in the server, leased line, etc) due to which all the

bidders face a problem during critical events, and this is brought to

the notice of BSNL by the bidders in time, then BSNL will promptly re-

schedule the affected event(s).

8. Other Instructions For further instructions, the vendor should visit the home -page of the portal

(https://etender.bsnl.co.in/irj/portal).

Important Note: It is strongly recommended that all authorized users of

Supplier organizations should thoroughly peruse the information provided

under the relevant links, and take appropriate action. This will prevent

hiccups, and minimize teething problems during the use of BSNL ERP

TENDER PORTAL.

The following KEY INSTRUCTIONS for BIDDERS’ must be assiduously adhered

to:

1. Obtain individual Digital Signing Certificate (DSC or DC) well in

advance of your first tender submission deadline on BSNL ERP

TENDER PORTAL

2. Register your organization on BSNL ERP TENDER PORTAL well in

advance of your first tender submission deadline on BSNL ERP

TENDER PORTAL

3. Get your organization’s concerned executives trained on BSNL ERP

TENDER PORTAL well in advance of your first tender submission

deadline on BSNL ERP TENDER PORTAL

4. Submit your bids well in advance of tender submission deadline on

BSNL ERP TENDER PORTAL (There could be last minute problems due

to internet timeout, breakdown, etc While the first three instructions

mentioned above are especially relevant to first-time users of BSNL ERP

TENDER PORTAL, the fourth instruction is relevant at all times.

5. The Tender Inviting Authority (TIA) will not be held responsible for any

sort of delay or the difficulties faced during the submission of bids

online by the bidders due to local issues.

6. The time that is displayed from the server clock at the top of the tender

Portal, will be valid for all actions of requesting bid submission, bid

47

opening etc., in the e-Procurement portal. The Time followed in this

portal is as per Indian Standard Time (IST) which is GMT+5:30. The

bidders should adhere to this time during bid submission

9. Minimum Requirements at Bidders end: Computer System with good

configuration (Min P IV, 1 GB RAM, Windows XP), Broadband connectivity.

Microsoft Internet Explorer 6.0 or above, Digital Certificate(s)

10. Vendors Training Program

Vendors may contact the BSNL ERP TENDER HELP DESK personnel given in

clause 4 of Section 4 Part C, for any type of training/help, which they may

require while uploading the bids.

48

SECTION-5 Part A

GENERAL (COMMERCIAL) CONDITIONS OF CONTRACT

1. APPLICATION

The general condition shall apply in contracts made by the purchaser for the

procurement of service.

2. STANDARDS

The service provided under this contract shall conform to the standards

prescribed in the Scope of Work mentioned in section -3 Part-A.

3. PATENT RIGHTS

The supplier shall indemnify the purchaser against all third-party claims of

infringement of paten, trademark or industrial design rights arising from use

of the goods or any part thereof in India Telecom Network

4. PERFORMANCE SECURITY

(1) All bidders (including MSMEs) shall furnish performance security to the

purchaser for an amount equal to 5% of the annual estimated cost of

contract within 14 days from the date of issue of Letter of Indent/ APO by

the Purchaser and valid for 24 months. In case BSNL extends the

CONTRACT beyond one year, PBG validity shall have to be extended

accordingly as per relevant tender clauses.

(2) The proceeds of the performance security shall be payable to the Purchaser

as compensation for any loss resulting from the supplier's failure to

complete its obligations under the contract.

(3) The performance security Bond shall be in the form of Bank Guarantee

issued by a scheduled Bank and in the proforma provided in ‘Section-7 B’ of

this Bid Document.

(4) The performance security Bond will be discharged by the Purchaser after

completion of the supplier's performance obligations including any warranty

obligations under the contract. If BSNL is not satisfied with the performance

of bidder during CONTRACT, it reserves the right to encash the

Performance Bank Guarantee and/or without prejudice to any other remedy

for breach of contract, by termination notice of default, giving a time of 30

days to bidder, terminate the Contract in whole or in part. The performance

security deposit with the BSNL will be considered for adjustment against

penalties, any other statutory levies and any loss to BSNL properties, if any

reported, at the time of final conclusion of the contract and final settlement

of account.

5. INSPECTION AND TESTS: Deleted

6. DELIVERY AND DOCUMENTS (whichever applicable)

(1) Delivery of the services and documents shall be made by the supplier in

accordance with the terms specified by the purchaser in its schedule of

requirements and special conditions of contracts, and shall remain at the

risk of the supplier till the contract is completed.

(2) The delivery of the service and documents shall be completed within time

49

frame.

(3) All Technical assistance and monitoring of the service shall be provided by

the Supplier at no extra cost during the contract.

(4) The extension of delivery period against the work order, if any, should be

granted subject to the condition that BSNL shall have the absolute right to

revise the rate and also to levy penalty for the delayed service.

7. TRAINING: Deleted

8. INCIDENTAL SERVICES: Deleted

9. SPARES: Deleted

10. WARRANTY: Deleted

11. PAYMENT TERMS (Contract charges and payments):-

(1) The CONTRACT charges shall be paid by BSNL on monthly basis at the

end of each month from the beginning of CONTRACT. The monthly

payments will be made after deducting penalties (mentioned in clause 15 of

Section 5 Part A), based on the performance reports from field units.

(2) This price is total composite inclusive of all levies and taxes, insurance and

incidental charges etc. Excluding GST TDS shall be deducted before actual

payment.

(3) Online generated GST payment details of previous month shall be submitted with the

invoice(s) for payments.

Note :-

1) If the supplier fails to furnish necessary supporting documents i.e. GST invoice

/ Customs invoices etc. and also fails to upload the information on GSTN in

respect of the Duties/taxes for which input tax credit is available, the amount

pertaining to such Duties/Taxes will be deducted from the payment due to the

supplier.

2) Tax amount will be paid to the supplier only after supplier declares the details of

the invoices in its return in GSTR 1 and GSTR-3 uploaded by the supplier and the

same is reflected in GSTR-2A of BSNL on GSTN portal.

3) TDS/ TCS shall be deducted at the prescribed rate, if any (as the case may be).

4) BSNL can adjust/ forfeit Bank Guarantee obtained from the supplier against any

loss of input tax credit to BSNL on account of supplier's default.

5) In case BSNL has to pay GST on reverse charge basis, the supplier would not

charge GST on its invoices. Further, the supplier undertakes to comply with the

provisions of GST law as may be applicable.

(4) Any excess Diesel cost incurred after applying the capping will be recovered

from the vendor from the monthly bills submitted.

(5) The bidder shall submit the following documents as annexures to the

monthly bills.

a) Monthly performance report (format as per Annexure 6) for each sub

division, duly signed by Sub. Divisional Engineer in-charge and

countersigned by the concerned Divisional Engineer in-charge.

b) Monthly rigger report (format as per Annexure 7) for each sub division,

duly singed by Sub. Divisional Engineer in-charge.

c) Diesel reconciliation report (format as per Annexure 5) for each sub

50

division, duly signed by Sub. Divisional Engineer in-charge and

countersigned by the concerned Divisional Engineer in-charge.

d) Certificate for provision of tools and safety measures as per clause 1 in

Section 3 Part A

e) Test run report if CPH is higher than the site wise CPH mentioned in

tender.

f) List showing the details of personnel deployed for MAEM, MIM, Diesel

filling and rigger activities as per Annexure 2 .

g) The amount of wages paid to such personnel for the duration in question as per Annexure 10

h) Copies of authenticated documents of payments of such contribution of EPF Authorities (ECR Etc) and ESI.

(6) The contractor shall submit monthly bills with all the annexures as

mentioned in clause11.(5) of this section in triplicate.

(7) Paying authority shall be

The Accounts Officer (Cash), O/o GMT, Vellayittambalam, Kollam

BA

(8) The bidder has to give the mandate for receiving payment electronically and

the charges, if any, levied by bank has to be borne by the bidder/

contractor/supplier. The bidder company is required to give the following

information for this purpose: -

a) Beneficiary Bank Name:

b) Beneficiary branch Name:

c) IFSC code of beneficiary Branch

d) Beneficiary account No.:

e) Branch Serial No. (MICR No.):

12. RATE

(1) Rate charged by the supplier for services performed under the contract shall

not be higher than the rate quoted by the Supplier in its Bid except for

variation caused by change in taxes/duties as specified in Clause-12.2

mentioned below.

(2) For changes in taxes/duties during the scheduled delivery period, the unit

rate shall be regulated as under:

a) Rate will be fixed at the time of issue of work 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 work order.

(3) Any increase in taxes and other statutory duties/ levies, after the expiry of

51

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 rate is to be adjusted (by reducing the basic price) with

increased duties and taxes as per rate mentioned in WO.

13. CHANGES IN WORK ORDERS

(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 the services to be

provided by the supplier.

(2) If any such change causes an increase or decrease in the cost of, or the

time required for the execution of the contract an equitable adjustment

shall be made in the contract price or delivery schedule, or both, and the

contract shall accordingly be amended. Any proposal by the supplier for

adjustment under this clause must be made within thirty days from the

date of the receipt of the change in order.

14. SUBCONTRACTS

(1) The Bidder shall not be allowed for any level of subcontract to any other

firm/company.

15. DELAYS IN THE SUPPLIER'S PERFORMANCE (Whichever applicable)

(1) Delivery of services shall be made by the Supplier in accordance with the

time schedule specified by the purchaser in its work order in accordance

with Section 3 Part A. In case the service is not completed in the stipulated

period, as indicated in the work order, purchaser reserves the right to

short-close/ cancel this work order and/ or recover damage charges.

(2) Delay by the Supplier in the performance of its delivery obligations shall

render the Supplier liable to any or all of the following sanctions:

a) forfeiture of its performance security,

b) imposition of liquidated damages, and/or

c) Short closure of the contract in part or full and/ or termination of the

contract for default.

(3) If at any time during the performance of the contract, the supplier

encounters condition impeding timely delivery of services, the supplier

shall:

a) Promptly notify to the Purchaser in writing the fact of the delay, its

likely duration and its cause(s). As soon as practicable after receipt of

the supplier's notice, the purchaser shall evaluate the situation and

may at its discretion extend the period for performance of the contract

(by not more than 20 weeks or as per provisions of clause 16

Section-5A as per provision given below.

b) If the vendor fails to deliver full services even during the extended

delivery period, then the PO shall be short-closed and the Performance

Bank Guarantee shall be forfeited.

c) Format of letter conveying conditions for extension of delivery period

and letter for extension of delivery period are at Section-7 D and E

respectively.

(4) Penalty

a) For deviations in carrying out Mobile Access Equipment Maintenance

52

(MAEM)

15.4.a.1. For not extending all BTS related alarm to OMCR within three

months of starting of tender: Rs. 50/- per day per site for one month.

15.4.a.2. For not taking prompt action as per instructions (by call or by

SMS) from concerned officer / OMC regarding manual assistance in

rectification of alarms/faults: Rs 10/- per hour per site.

15.4.a.3. For site failure due to unsatisfactory support in site upkeep

activities which leads to prolonged outage of more than 12 Hours in

urban area and 48 hours in rural area: Rs 50/- per hour.

15.4.a.4. Up to 24 hours of reporting of non-compliance related to activities

mentioned in clause 2.3 to 2.9 of Section -3-Part A will be treated as

01 minor deviation and further non-compliance of activity in every 03

days will be treated as an additional instance.

b) For deviations in carrying out Mobile Infrastructure Maintenance

(MIM) Full and Partial

15.4.b.1. Not extending powerplant alarms to OMC-R: Rs.8/- per day per

site for one month.( ie not Ensuring working of power plant alarms

with OMCR)

15.4.b.2. For not taking prompt action as per instructions (by call or by

SMS) from concerned officer regarding manual assistance in

rectification of alarms/faults: Rs 5/- per hour per site.

15.4.b.3. For not reporting problems with power plant and battery within

01 hours for urban, 04 hours in rural and hard areas: Rs. 2/- per day

per site for days it has not been reported.

15.4.b.4. Delay of more than the prescribed time allotted for depositing

faulty cards/units and collecting repaired cards/units will be counted

as one instance of minor deviation and penalty of Rs 50/- per day will

be charged.

15.4.b.5. For delay in replacement of faulty modules/control cards with

repaired modules/control cards within in the prescribed time limit

resulting in downtime of equipment will be counted as major

deviation and a penalty of Rs. 20/- per hour will be charged.

15.4.b.6. Up to 24 hours of reporting non-compliance related to related to

activities mentioned in clause 1, 5, 6, 7, 8, 9, 12, 13, 14, 15, 16, 17,

18, 19 and 20 of Clause-3 of Section-3-Part-A and clause 1, 5, 6, 7,8,

9, 12, 13, 14, 15, 16 and 17 of Clause -4 of Section-3-Part-A will be

treated as 01 minor deviation and further non-compliance of activity

in every 3 days will be treated as an additional instance

c) For deviations in carrying out Rigger activities

15.4.c.1. Non-completion of ordered rigger activity within 3 days of

intimation will be taken as minor performance deviation. Every one-

week delay will be treated as one instance.

d) For deviations in Diesel fillings

15.4.d.1. Every instance of DG not working due to non-filling of diesel but

the working on EB or battery will be treated as 01 minor deviation

53

and further non-compliance of activity in every 01 day will be treated

as additional single instances.

15.4.d.2. Non filling of diesel resulting in downtime of site will be treated as

major penalty and further non-compliance of activity in every hour

will be treated as additional single instances.

15.4.d.3. In case of any misuse causing loss to BSNL, a penalty of 10 of the

contract value or forfeiture of the bank guarantee, along with

termination of contract, as decided by the competent authority of

BSNL will be imposed on the contractor.

e) For every instance of minor penalty: Rs. 50/- per day except in case the

deviation is because of BSNL reasons.

f) For every instance of major penalty: Rs. 20/- per hour except in case the

deviation is because of BSNL reasons.

g) Site wise capping of 12% is applicable in respect of minor performance

deviations.

h) Penalties being charged for major performance deviations attributable to

bidder will be capped to 12% of the total contracted value for the services

of the relevant invoice period.

i) If the total penalties reaching the capping limit consecutively for three

months, BSNL will have the right to terminate the contract of the

concerned SSA without any further notice.

j) If any fraudulent activity by the personnel deployed is detected by BSNL

authorized personnel/officer, then the bidder is liable to pay penalty as

assessed by BSNL i.e. The cost of consequential damages to

installation(s)/DG set(s) would be deducted at actual, from the service

provider’s bill. This will be over and above the other penalties and will not

be subject to capping if any.

k) Any tendered work not attended in time, BSNL will have the right to get it

done from external resources and payment made to them will be recovered

from SP. This will not be counted for capping if any.

16. LIQUIDATED DAMAGES

As defined in Clause 15 above

17. FORCE MAJEURE

(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

54

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.

(2) Provided, also that if the contract is terminated under this clause, the

Purchaser shall be at liberty to take over from the Supplier at a price to be

fixed by the purchaser, which shall be final, all unused, undamaged and

acceptable materials, bought out components and stores in course of

manufacture which may be in possession of the Supplier at the time of such

termination or such portion thereof as the purchaser may deem fit, except

such materials, bought out components and stores as the Supplier may

with the concurrence of the purchaser elect to retain.

18. TERMINATION FOR DEFAULT (whichever applicable)

(1) The Purchaser may, without prejudice to any other remedy for breach of

contract, by written notice of default, sent to the supplier, terminate this

contract in whole or in part

a) if the supplier fails to deliver any or all of the service within the time

period(s) specified in the contract, or any extension thereof granted by

the purchaser pursuant to clause15;

b) if the supplier fails to perform any other obligation(s) under the

Contract; and

c) if the supplier, in either of the above circumstances, does not remedy its

failure within a period of 15 days (or such longer period as the

purchaser may authorize in writing) after receipt of the default notice

from the purchaser.

d) Any other default as mentioned in Appendix-1 of Section-4 Part-A, Purchaser will take action as specified in Appendix-1 of Section-4, Part-A.

(2) In the event the purchaser terminates the contract in whole or in part

pursuant to Para 11.1 the purchaser may procure, upon such terms and in

such manner as it deems appropriate, service similar to those undelivered

and the supplier shall be liable to the Purchaser for any excess cost for

such similar services. However, the supplier shall continue the performance

of the contract to the extent not terminated.

19. TERMINATION FOR INSOLVENCY

The Purchaser may at any time terminate the Contract by giving

written notice to the Supplier, without compensation to the supplier. If the

supplier becomes bankrupt or otherwise insolvent as declared by the

competent court provided that such termination will not prejudice or affect any

right of action or remedy which has accrued or will accrue thereafter to the

purchaser.

Contractors hires /representatives shall, without the consent in

writing of the GMT Kollam have no right to continue to perform the duties or

engagement thereof, the contractor under the contract in case of his death. In

the event of the contractor, winding up his company on account of transfer or

merger of his company with any other, the contractor shall make it one of the

terms and stipulations of the contractor for the transfer of his properties and

55

business, that such other person or company shall continue to perform the

duties or engagements of the contractor under this contract and be subject to

his liabilities there under.

Without prejudice to any of the rights or remedies under this contract, if the

contractor dies, the GMT Kollam shall have the opinion of terminating the

contract without compensation to the contactor which does not amount to

breach of the contract.

Where the contractor is a partnership firm, the previous approval in

writing of the GMT Kollam shall be obtained before any change is made in the

constitution of the firm. Where the contractor is an individual or a Hindu

undivided family business concern such approval as aforesaid shall likewise be

obtained before the contractor enters in to any partnership agreement where

under the partnership firm would have the right the carry out the work hereby

undertaken by the contractor. If previous approval as aforesaid is not obtained,

the contract shall be deemed to have been assigned in the contravention of

terms tender and the same and action may be taken accordingly.

20. ARBITRATION

I.(Applicable in case of supply orders /contracts with firms other than " Public

Sector Enterprise) (Not applicable in cases valuing less than Rs 5lakhs)

Except as otherwise provided elsewhere in the contract, if any dispute, difference,

question or disagreement arises between the parties hereto or their respective

representatives, or assignees, in connection with construction ,meaning, operation,

effect, interpretation of the contract or breach thereof which parties unable to settle

mutually, the same shall be referred to Arbitration as per the provisions contained

in The Arbitration and Conciliation Act 1996 and the rules made there under or

any statutory modification or re-enactment there of or any rules made thereof.

II.(Applicable in case of supply orders/ contracts with Central/State Government (s) as

the case may be in terms of DPE guidelines for settlement of commercial disputes be-

tween Public Sector Enterprises inter-se and Public Sector Enterprise(s) and Govern-ment Department(s) through Administrative Mechanism for Resolution of CPSEs Dis-

purtes (AMRCD) in the Department of Public Enterprises.

In the event of any dispute or difference relating to the interpretation and

application of the provisions of commercial contract(s) 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-DPE(GM)/FTS-1835 dated 22-05-2018".

III. APPLICABLE LAW AND JURIDICTION

(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.

56

21. 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.

22. INTIMATION OF SUPPLY STATUS (If applicable)

(1) The bidder, who are given work Orders, must give the details of the service

delivered against all the work Orders every month on the first working day of

the following month to SDE(BSS) and the concerned User Branches of BSNL.

23. INTIMATION OF SUPPLY STATUS: Deleted

24. FALL CLAUSE:Deleted

25. COURT JURISDICTION

(1) Any dispute arising out of the tender/ bid document/ evaluation of bids/ issue

of APO shall be subject to the jurisdiction of the competent court at the place

from where the NIT/ tender has been issued ie. at Kollam

(2) Where a contractor has not agreed to arbitration, the dispute/ claims arising

out of the Contract/ PO entered with him shall be subject to the jurisdiction of

the competent Court at the place from where Contract/ PO has been issued.

Accordingly, a stipulation shall be made in the contract as under.

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

26. General Guidelines: -

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

Rules as amended from time to time on works, procurement of goods and

services and contract management respectively may also be referred to as guiding

principles”.

27 GST Invoice

27.1 All the details of supplier (name, address, GSTIN/ unregistered supplier, place of supply,

SAC/ HSN code etc.) and other mandatory details shall be mentioned on the invoice.

27.2 Invoice/Supplementary invoice/Debit Note/Credit Note/Receipt Voucher

need to be issued in compliant format and timely within the time prescribed under GST law.

27.3 In case of any deficient/incomplete/rejected supply, BSNL shall convey the same in a

reasonable time to enable the supplier to issue credit note and take tax adjustment.

27.4 It would be the responsibility of the supplier to declare correct information on invoice

and GSTN viz. the amount, the place of supply, rate of tax etc. In case, the eligibility of input

tax credit is questioned or denied to BSNL on account of default by the supplier, the same

would be recovered by BSNL from the supplier.

27.5. Registered location of the both the parties i.e. BSNL and supplier should be mentioned

in the agreement with GSTIN No. Further, supplier should raise invoices at the registered

premise of BSNL for availing of credit and ensure that the place of supply as per GST law is

same as registered premise.

27.6. BSNL could at any time instruct the supplier to raise its invoices at a particular location

57

of BSNL

27.7. It is the responsibility of the supplier to ensure that place of supply and the GSTN of

BSNL are in the same state. If for any reason they are not in the same state, the supplier shall

intimate to BSNL and give adequate time before raising of the invoice.

27.8. E-waybill number should be mentioned on the invoices.

27.9. Supplier shall be responsible for timely issuance and delivery of invoice/ DN/ CN to

enable BSNL to claim tax benefit on or before the stipulated time period provided by the GST

law.

(a) It is the responsibility of the supplier to ensure that outward supply return (GSTR-1)

would be filed correctly. If not, than cost would be borne by supplier.

(b) Reporting of correct outward supply by supplier in the outward return (GSTR-1) is the

responsibility of the supplier. In case of mismatch because of supplier’s fault, prompt

amendments must be made by the supplier else supplier would be required to indemnify

BSNL of the loss of credit due to mis-match. The compliances to be adhered by supplier

include (but is not limited to) the following:

(i) Uploading appropriate invoice details on the GSTN within the stipulated time;

(ii) Issuing GST compliant invoice / CN/ DN. PO issued by BSNL should be referred by

supplier for capturing information on the invoice

(iii) Supplier needs to pay the entire self-assessed tax on timely basis.

(iv) Where invoice is not uploaded or incorrect upload of invoice detail of GSTN by supplier

then credit on such invoice will be given provisionally subject to matching. So, acceptance of

changes made by BSNL on GSTN on account of non-upload or incorrect upload of invoice

details on GSTN is to be submitted by supplier. Such changes w.r.t. the mismatch are required

to be accepted by supplier within the time limit prescribed under the GST law. It should be

noted that in case supplier does not accept such changes within the time limit prescribed

under GST law, the loss of input tax credit (if any) would be recovered from the supplier. In

case of mismatch because of Supplier's fault, prompt amendments must be made by the

supplier else supplier would be required to indemnify BSNL for the losses of credit and

interest paid due to mismatch.

(v) Supplier to issue all necessary documentation and perform all necessary compliances for

BSNL to be eligible to claim the input tax credit of GST tax to them. In case BSNL is unable to

claim the input tax credit, the amount w.r.t. GST charged by the supplier would be recovered

from the supplier

(vi) A self-declaration along with evidence that the bidder is not blacklisted by GST

authorities. In case supplier gets black listed during the tenure of BSNL contract, then

supplier must indemnify BSNL to ensure that no loss of input tax credit is borne by BSNL

due to default of supplier.

27.10 Refer Annexures below( placed as Annexure- 16a & 4b ) for clause stating that all the

details of supplier (name, address, GSTN/ unregistered supplier, place of supply, SAC/ HSN

code etc.) and other mandatory details shall be mentioned on the invoice

27.11.Where the location agreed are more than one state, then separate invoice state wise to

claim input tax credit in a particular state (typically happens in a bill to-ship to scenario)

shall have to be submitted.

27.12 It shall be the responsibility of the supplier to mention state of Place of supply of

goods/services in the invoice issued to BSNL

58

Section – 5 Part B

Special (Commercial) Conditions of Contract (SCC)

The Special (Commercial) Conditions of Contract (SCC)shall supplement General (Commercial) Conditions of Contract (GCC)) as contained in Section 5 Part A and wherever there is a conflict, the provisions herein shall prevail over those in Section5 Part A i.e. General (Commercial) Conditions of Contract (GCC).

1. Safety of BSNL Assets / Private assets.

It should be ensured by the bidder that all the staff engaged by him are well

behaving to BSNL staff / Land owners of the site. Any damage caused by the staff

of the bidder to BSNL or Land owner shall be the responsibility of the bidder. If

the bidder fails to compensate the damage, BSNL will have the right to

compensate the damage and deduct the cost from the bills payable to the bidder /

Security deposit of the bidder.

The successful tenderer / contractor shall submit an Indemnity bond declara-

tion or indemnifying BSNL against any non-compliance by bidder to any of the

applicable statutory requirements, if the work is awarded to him.

The successful tenderer / contractor shall be solely responsible for payment and compensation under WC Act 1923 as in force from time to time applicable in the event of accident causing injury/death to his workers and PGM/GM/Kollam SSA shall not be responsible in any manner.

2. OTHER CONDITIONS:

2.1. Bidder shall be responsible to have their own teams to perform the day-to-

day works as per this contract. The persons utilized by the contractor for

housekeeping should be semi-skilled.

2.2. This contract is valid for a period of one year. However, BSNL reserves the

right to extend the duration of CONTRACT for further one more year in

spells of 6 months each, at the same rate and terms & conditions.

2.3. BSNL also reserves the right to terminate this agreement at any time, by

giving an advance notice of one month.

2.4. The exact address details of all the BTS locations will be given while signing

the contract. The BTS locations are in the Kollam SSA. The quantity of the

BTS locations Divisions wise is given in Annexure-1

2.5. BSNL reserves the right to vary the quantity as per relevant tender clauses.

2.6. BSNL reserves the right to change the BTS locations under the contract,

with 7 days’ notice. The bidder has to continue the support as per this

contract in the changed locations.

2.7. Diesel filling should be from Public sector Oil companies or any other

agencies approved by BSNL. Diesel filling should be done with Petro/Fleet

card as mentioned in Clause 6 of Section 3 Part A.

2.8. Bidder shall deploy sufficient number of personnel to support the services

as per this contract. Personnel should be placed in such a way that they

are able to carry out the day to day activities as mentioned in relevant

59

clauses of this section and also to ensure compliance to performance

indicators given below.

Sl.

No Nature of work

Max number of

sites (Cluster size)

than can be allotted

Per personnel*

01 Mobile Access Equipment Maintenance

(MAEM) 50

02 Mobile Infrastructure Maintenance (MIM):

Full and /or partial 25 (Max-15 for full)

Sl

No Nature of work

Minimum personnel

to be deployed

01 Rigger activities 2

2.9. During the agreement period bidder shall assign cluster coordinator in

each Division and a Support Manager in the SSA, who shall act as a single

point of contact in the Division/SSA respectively for BSNL for handling any

service-related issues under the agreement. The details of Cluster

Coordinator and personnel deployed may be furnished at the time of

signing the service contract with BSNL as per the Performa at Annexure- 2.

2.10. Bidder shall ensure that the persons utilized are competent, responsible,

reliable and are capable of meeting the service obligations as per the

contract. If the performance of any person is found to be unsatisfactory,

such persons should be replaced within 7 days of notice. If the total

numbers of notices necessitated on unsatisfactory performance during the

contract period are more than 25% of the total number of sites under the

contract, then the competent authority of BSNL may consider termination

of the contract.

2.11. The bidder shall provide proper identity card to the persons utilized/

subcontractors.

2.12. The bidder shall support/co-ordinate with other agencies working at the

BTS sites, (which) who are authorized by the BSNL.

2.13. No staff deployed directly or indirectly by the contractor for the CONTRACT

service would have any claim in any way for getting future employment in

BSNL.

3. PAYMENT TO THE SERVICE PERSONNEL

3.1. The persons employed by the bidder are to be paid by the bidder with fair

wages as per Labour Laws of Central/State Government. Other benefits to the

persons like Bonus, ESI, Gratuity, EPF etc., are falling under the complete

responsibility of the bidder. All safety precautions are to be carried out by the

deployed personnel while performing their routine activities. Any

injury/mishap caused to the worker during the course of work due to

negligence or non-adherence to standard safety measures shall be the

responsibility of the bidder.

60

3.2. The contractor shall obtain / purchase all required insurances and make all

safety arrangements required for the labourer engaged by him at his own

cost. All consequences due to negligence or due to lapse of security/safety or

otherwise shall remain with the contractor. BSNL shall not be responsible for

any mishap, injury, accident or death of the contractor’s staff directly or indi-

rectly. All liabilities arising out of accident or death while on duty shall be

borne by the contractor. No claims

3.3. Contractor shall be fully responsible for any damages caused to BSNL / Gov-

ernment/ private /other operators property / Injuries public at large/ loss of

life by him or his Labourer in carrying out the work and the same shall be rec-

tified / compensated by the contractor at his own cost.

3.4. The bidder is governed by the Workmen’s Compensation Act 1923 in case of

any claim by the persons employed by him/her/firm. The Service Contractor

shall indemnify the Department (BSNL) of all claims made by the employees of

the service contractor.

4. Bidder shall have insurance / Group insurance scheme for the employees

deployed for CONTRACT.

5. The Bidder would set up an office and help desk with sufficient number of staff in

designated place in Kollam to accept telephone calls/SMS/email from TSEs/BSNL

officers.

6. The bidder should coordinate with OMCR and field level BSNL officers (BSS) to

schedule and monitor MAEM / MIM/ Diesel filling activities. Arrangement to

collect ‘Low fuel Alarms’ from OMCR is to be done by the bidder. Responsibility to

communicate the centrally collected information from OMCR alarms or by

SMS/calls/email, to the concerned field persons is with the vendor.

7. The bidder should provide the contact details of all the persons/agencies deployed

by them to the concerned officers in-charge. In case of any change of persons, it

should be with advance intimation to the concerned BSNL officers with the

changes in contact details, if any.

8. The Bidder will also maintain the logbook at each site (to be kept with BSNL)

where in the Daily routine visits/ checks, activities done as part of MAEM, MIM,

Diesel filling and DG run details are to be entered on a daily basis. The same shall

be countersigned by the concerned BSNL in-charge for reference. The format of

the logbook that will be kept at BTS site for recording the events is attached as

Annexure -3 &4.

9. Officer in charge/duty officer of the BSNL site shall carefully monitor the entries

and countersign the logbook periodically.

10. The Bidder shall also maintain a consolidated record of the activities carried out

as per this contract, a copy of which along with performance reports from field

unit is to be submitted along with the invoice for payment on a monthly basis.

11. In order to ensure the security of the network, bidder will be required to submit

the signed Non-Disclosure Agreement as per Annexure-9 within 15 days of Work

order.

12. Bidder shall ensure that the agencies or any other representative concerned for

support strictly adheres to BSNL’s Third Party Connection Acceptable Use Policy

61

which is as follows:

13. Any change on equipment shall only be performed by the bidder after notification

and Approval by BSNL.

14. Passwords/locking system on any equipment will be set by BSNL representatives

and should not be changed by bidder’s representative without the approval from

concerned BSNL officer.

15. Bidder shall notify BSNL, when its employee who has access to BSNL

Equipment/configuration leaves the company or is transferred to another position

which no longer requires access. Also, the bidder should surrender the Temporary

ID cards of the employees issued by any agency related to BSNL during the course

of MIM and MAEM of specific sites at the time of cessation of service of a MIM and

MAEM personnel from bidder’s company or from the company to which bidder

has entered in to an agreement for service.

16. Bidder or its representatives shall not make a change on any system that is not

directly related to his job/duty.

62

SECTION-6

UNDERTAKING & DECLARATION

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

a) Certified that:

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

all the terms and conditions, specifications included in the tender

documents & offer to execute the work at the rates quoted by us in the

tender form.

2. If I/ We fail to enter into the agreement & commence the work in time, the

EMD/ SD deposited by us will stand forfeited to the BSNL.

b) The tenderer hereby covenants and declares that:

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

enclosed along with the Tender offer are correct.

2. If anything is found false and/or incorrect and/or reveals any suppression of

fact at any time, BSNL reserves the right to debar our tender offer/ cancel the

LOA/ Purchase/ work order if issued and forfeit the EMD/ SD/ Bill amount

pending with BSNL. In addition, BSNL may debar the contractor from

participation in its future tenders.

Date: ……………

Signature of Tenderer

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

Along with date & Seal

63

6 (B) – NEAR-RELATIONSHIP CERTIFICATE:

(Format of the Certificate to be given as per the clause 34.4 of Section-4 Part-A by the

bidder in respect of status of employment of his/ her near relation in BSNL)

The format of the certificate to be given is

"I…………………………………..…..s/o…….…………………………………...…r/o………………

…………………….………..hereby certify that none of my relative(s) as defined in the

tender document is/are employed in BSNL unit as per details given in tender

document. In case at any stage, it is found that the information given by me is false/

incorrect, BSNL shall have the absolute right to take any action as deemed fit/without

any prior intimation to me."

Signature of the tenderer

With date and seal

6(C) UNDERKAING THAT NO CHANGES HAVE BEEN MADE IN THE TENDER DOCUMENT DOWNLOADED

I………………………………………… S/o ................................................................…

R/o ……………………………………………………………………… do hereby confirm that

no changes have been made in the tender document downloaded and submitted by

us for the Tender No. __________________________________________ dated at

______________ the xx/xx/2020

Signature of bidder with date and seal

64

6(D)DECLARATION (NON-BLACKLISTED)

I ………………………………………..… S/o ..................................................................

R/o ……………………………………………………………………… do hereby confirm that

the firm/company …………………………………………………………………….. has never

been debarred and / or blacklisted by BSNL/State Governments / PSU.

Signature of bidder with date and seal

65

SECTION- 7

PROFORMAS

7(A) For the BIDSECURITY/ EMD Guarantee (To be typed on Rs.200/- non-judicial stamp paper)

Sub: Bid Security/EMD guarantee.

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

……………………………………… (Hereafter referred to as Bidder) has approached us

for giving Bank Guarantee of Rs. ……………………/- (hereafter known as the “B. G.

Amount”) valid up to …../……/ 20….. (hereafter known as the “Validity date”) in

favour of GMT, BSNL , Kollam ,BA (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

66

of the said Agreement have been fully and properly carried out by the said

bidder(s) and accordingly discharge this guarantee. Unless a demand or claim

under this guarantee is made on us in writing or before the expiry of Validity date

from the date hereof, we shall be discharged from all liability under this guarantee

thereafter.

5. We the Bank further agree with the BSNL that the BSNL shall have the fullest

liberty without our consent and without affecting in any manner our obligations

hereunder to vary any of the terms and conditions of the said Agreement or to

extend time of performance by the said bidder(s) from time to time or to postpone

for any time or from time to time any of the powers exercisable by the BSNL

against the said bidder(s) and to forbear or enforce any of the terms and

conditions relating to the said agreement and we shall not be relieved from our

liability by reason of any such variation, or extension being granted to the said

Bidder(s) or for any forbearance, act or omission on the part of the BSNL or any

indulgence by the BSNL to the said bidder(s) or by any such matter or thing

whatsoever which under the law relating to sureties would, but for this provision,

have effect of so relieving us.

6. Notwithstanding anything herein contained;

a) The liability of the Bank under this guarantee is restricted to the “B. G.

Amount” and it will remain in force up to its Validity date specified above.

b) The guarantee shall stand completely discharged and all rights of the BSNL

under this Guarantee shall be extinguished if no claim or demand is made on

us in writing on or before its validity date.

7. In case BSNL demands for any money under this bank guarantee, the same shall

be paid through banker’s Cheque in favour of “AO (Cash), O/o GMT, BSNL,

kollam” payable at kollam.

8. The Bank guarantees that the below mentioned officer who have signed it on

behalf of the Bank have authority to give this guarantee under its delegated

power.

Place: ……………………………

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

Rubber stamp of the bank

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

Name of the Bank officer: ……………………………..

Designation: ……………………………………

Complete Postal address of Bank: ……………………

………………………………………………………………

Telephone Numbers ……………………………..

Fax numbers ………………………………

67

7(B) For the Performance Guarantee

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

Dated:……………..

Sub: Performance guarantee.

Whereas GMT, BSNL, Kollam ,BA 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 GMT, BSNL,

Kollam 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:

i) 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.

j) 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.

k) 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.

l) 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.

68

m) Notwithstanding anything herein contained ;

(a) The liability of the Bank under this guarantee is restricted to the

P.B.G.+corresponding GST 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.

n) In case BSNL demands for any money under this bank guarantee, the same

shall be paid through banker’s Cheque in favour of “AO (Cash), O/o GMT,

BSNL, kollam” payable at kollam.

o) The Bank guarantees that the below mentioned officer who have signed it on

behalf of the Bank have authority to give this guarantee under its delegated

power.

Place: ……………………………

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

Rubber stamp of the bank

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

Name of the Bank officer: ……………………………..

Designation: ……………………………………

Complete Postal address of Bank: ……………………

………………………………………………………………

Telephone Numbers ……………………………..

Fax numbers ………………………………

69

7 (C) For Letter of Authorization for attending Bid Opening Event. (To be typed preferably on letter head of the company)

Subject: Authorization for attending Bid opening

I/ We Mr. /Ms. ……………………………………. have submitted our bid for the

tender no. ………………………….……… in respect of ……………………

………………………………………………………….. (Item of work) which is due to open

on………………….

(date)…………………………in…………………………………………………………………………

……….

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.

70

7(D) Model Amendment Letter Intimating Conditions for Extension of Delivery Period

Registered A Due

Address of the purchaser

--------------------------------

--------------------------------

To

M/s ………………………………..

………………………………………

Sub: This office contract no………….. dated …………. placed on you for supply of

…………………………………………………………………….

Ref :Your letter no……………………………… dated ……………….

We are in receipt of your letter, wherein you have asked for extension/ further

extension of time for delivery/ execution/ installation/ commissioning.

In view of the circumstances stated in your above referred letter, the time of delivery

can be extended from _______ (original/ last delivery period) to ____________ (presently

agreed delivery period) subject to your unconditional acceptance of the following

terms and conditions:

1. That, liquidated damages shall be levied in accordance with agreed clause 16.2&

16.3 Section-5-Part-A of Tender document and Purchase order

2. That, notwithstanding any stipulation in the contract for increase in price on any

ground, no such increase, whatsoever, which takes place after current last date

of Delivery shall be admissible on such of the said goods as are delivered after the

said date

3. That, the prices during this extended delivery period shall be the same as the rate

agreed at the beginning of the tender.

4. An additional BG of Rs._____inaccordance with clause 15.3, Section-5-Part-A of

the contract with validity up to _______.

Please intimate your acceptance of this letter along with the additional BG within ten

days of the issue of this letter failing which the contract will be cancelled at your risk

and expense without any further reference to you. This letter shall form part and

parcel of the agreement/ contract/ APO/ PO and all other terms & conditions of the

contract remain unaltered.

Yours faithfully,

(………………………)

for and on behalf of……………………………….)

Note : The entries which are not applicable for the case under consideration are to be

deleted.

71

7(E)- Model Amendment Letter for Extension of Delivery Period Registered Acknowledgement Due

Address of the purchaser

--------------------------------

--------------------------------

To

M/s ………………………………..

………………………………………

Sub : This office contract no………….. dated …………. placed on you for supply of

………………

Ref : 1. Your letter no……………………………… dated ………………. requesting

DP extension

2. This office letter no. ……………… dated ……… intimating conditions

for DP extension

3. Your letter no………………….. dated …………. accepting the conditions

for DP extension

In your above letter under reference (1), you have asked for extension/ further

extension of time for delivery/ execution/ installation/ commissioning. The terms and

conditions for extension of delivery period were conveyed to you vide this office letter

under reference (2).

In view of the circumstances stated in your above referred letter, and upon your

unconditional acceptance of the terms and conditions of this extension vide your

letter under reference (3), the time of delivery is hereby extended from _______ (last

delivery period) to ____________ (presently agreed delivery period) on the terms and

conditions in letter under reference (2) above and agreed by you vide letter under

reference (3) i.e.:

1. That, liquidated damages shall be levied in accordance with agreed clause 16.2 &

16.3 Section-5 Part-A of terms and conditions of the tender/PO.

2. That, notwithstanding any stipulation in the contract for increase in price on any

ground, no such increase, whatsoever, which takes place after current last date

of Delivery shall be admissible on such of the said goods as are delivered after the

said date

3. That, the prices during this extended delivery period shall be the same as the rate

agreed at the beginning of the tender.

The letters under reference above and this letter shall form part and parcel of

agreement/ contract/ APO/ PO and all other terms & conditions of the contract

remain unaltered.

Yours faithfully,

(………………………)

for and on behalf of………...

72

7(F)- PROFORMA OF POWER OF ATTORNEY (Refer Clause 14.3 of Section-4)(Non-Judicial Stamp paper) POWER OF ATTORNEY Be it known all to whom it concerns that: 1. Shri ______________________ s/o _____________ residing at ______________ 2. Shri ____________________ __s/o _____________ residing at ______________ 3. Shri ______________________ s/o _____________ residing at ______________ I, the Proprietor / We all the Partners/Directors of M/s___________________ (Address)_____________________________________________________________hereby

appoint Shri_________________________________ s/o ________________ residing at ___________________________________ as my/our Attorney to act in my/our name and on behalf and sign and execute all documents/ agreements binding the firm for all contractual obligations (including references of cases to arbitration) arising out of contracts to be entered into by the firm with the GMT, BSNL, Kollam in connection with their Tender forMobile Access Equipment Maintenance (NBSNL, BSNL and IP sites), Mobile Infrastructure Maintenance Full and Partial (NBSNL sites),Diesel Filling and Rigger activities at BTS sites in Kollam SSA due for opening In short, he is fully authorized to do all, each and everything requisite for the above purpose concerning M/s_______________________________. And I/We hereby agree to confirm and ratify his all and every act of this or any documents executed by my/our said Attorney within the scope of the authority hereby conferred on him including references of cases to arbitration and the same shall be binding on me/us and my/our firm as if the same were executed by me/us individually or jointly. Witness (with Address) Signature of the Proprietor/Partners/Directors

• 1.

• 2.

Accepted

(Signature of Signatory of Tender Offer of the firm) __________________________________________________________________________ ATTESTED Notary Public (Signature with Official Seal) OR REGISTERED Before (SUB – REGISTRAR) ……………………………. (Of concerned State) Signature with Official Seal

73

SECTION- 8

Bidder’s profile & Questionnaire. Tenderer / Bidder’s Profile & Questionnaire

(To be filled in and submitted by the bidder)

A. Tenderer’s Profile

a. Name of the Individual/ Firm: ………………………………………………

b. Present Correspondence Address ………………………………………………..

……………………………………………………………………………………………

Telephone No. …………………Mobile No ………………… FAX No. …………

c. Address of place of Works/ Manufacture ……………………………………….

……………………………………………………………………………………………

Telephone No. …………………Mobile No ………………… FAX No. …………

d. State the Type of Firm: Sole proprietor-ship/partnership firm /

(Tick the correct choice): Private limited company.

e. Name of the sole proprietor/ partners/ Director(s) of Pvt. Ltd Co.:

S. No. Name Father’s Name Designation

1.

2.

3.

f. 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): ……………………………………………..

g. Permanent Account No. : ………………………………………………………

h. GST Registration No. : …………………………………………………………..

i. Details of the Bidder’s Bank for effecting e-payments:

1. Beneficiary Bank Name: ……………………………

2. Beneficiary branch Name:…………………………

3. IFSC code of beneficiary Branch……………………..

4. Beneficiary account No.:……………………

5. Branch Serial No. (MICR No.):…………………

j. Whether the firm has Office/ works (i.e. manufacture of the tendered item) in

Kerala? If so state its

Address…………………….…………………………………………………………………

…………………………………………………………………………

B. Questionnaire

1. Do you think any other detail/ material is required to complete the work

specified in the specification? Yes/ No.

a. 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.

a. If Yes, Give details

74

………………………………………………………………………………………

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 ……………………………

75

SECTION-9 Part A

(Financial BID FORM)

To From,

General Manager Telecom ………………………………………..............

BSNL Bhavan, Vellayittambalam ......................................................................

Kollam BA -691012 …..............………………………………………

…...............………………………………………

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

Ref: Your Tender Enquiry No.

1. Having examined the above-mentioned tender enquiry document including

amendment/ clarification/ addenda Nos. ...................... dated ……………..

……………the receipt of which is hereby duly acknowledged, we, the

undersigned, offer to supply and deliver .............................................. in

conformity with the said drawings, conditions of contract and specifications for

the sum shown in the schedule of prices attached herewith and made part of

the financial Bid.

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

subsequent alteration and replacement.

3. We agree to abide by this Bid for a period of ……….days from the date fixed for

Bid opening or for subsequently extended period, if any, agreed to by us. This

bid shall remain binding upon us up to the aforesaid period.

4. We understand that you are not bound to accept the lowest or any bid, you

may receive.

5. If our Bid is accepted, we will provide you with a performance guarantee from a

Scheduled Bank for a sum 5% of the annual estimated cost of contract for the

due performance of the contract.

6. If our Bid is accepted, we undertake to complete delivery of all the items and

perform all the services specified in the contract in accordance with the delivery

schedule specified in the Section-2 (Tender Information).

7. Until a formal Purchase Order of Contract is prepared and executed, this Bid

together with your written acceptance thereof in your notification of award

shall constitute a binding contract between us.

Dated: ....... day of ................... 2020

Signature ………………………….

Witness Name ……………………………..

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

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

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

76

Section-9 PART-B Financial bid rate.

Total Charges (X)

SL No

Description of Activity

A B C D

Unit Qty

Contract Charges per unit per

month (Inclusive of all

Taxes & Levies but excluding GST)

Total Contract charges per

month(Inclusive of all Taxes & Lev-

ies excluding GST)

D = BxC

1 Mobile Access Equipment Maintenance(MAEM)

Sites

259 Sites

2 Mobile Infrastructure Main-tenance(MIM) : Full

Sites

95 Sites

3

Mobile Infrastructure Main-tenance(MIM) : Partial NB: The maximum rate for partial MIMmust be half the rate for full MIM.

Sites

152 Sites

77

SL No

Description of Activity

A B C D

Unit Monthly

Contract Charges per instance per

month (Inclusive of all

Taxes & Levies but excluding GST)

Total Contract charges per

month (Inclusive of all Taxes & Levies

excluding GST) D = BxC

4 Diesel Filling Instances

50 instance

5 Rigger Activi-ties:Normal

Instances

22 Instance

6 Rigger Activities:Hard Instances

18 Instance

Total Charges (Y)

Grand Total (Z=X+Y)

Grand Total in words : Rupees ..............................................................

Signature of the bidder…………………………………..

Name of the bidder…………………………………………

Address………………………………………………………

Note: BSNL reserves the right to vary the quantity to the extent of -25 % to + 25 % of specified quantity.

78

Annexure I

(Schedule of Requirements)

SR No Nature of work No of sites

1 Mobile Access Equipment Maintenance (MAEM) 259

2 Mobile Infrastructure Maintenance (MIM) - Full 95

3 Mobile Infrastructure Maintenance (MIM) - Partial 152

4 Diesel Filling 600 instance

5 Rigger Activities: Normal(Instances) 264 instance

6 Rigger Activities: Hard(Instances) 216 instance

Annexure – 2

Contact details of deployed personnel and cluster co-ordinators

No. Cluster Name Address Phone Mobile Email

Contact details of personnel deployed in each cluster for MAEM, MIM, Diesel filling and rigger activities

No. Site Name Sub Division Division Nature of deployment Mobile Email

Annexure - 3

Format of log book for diesel filling

Site wise log book for diesel filling. Name of site:

SL No.

Date &

Time

Name of the

site

Name of per-

son

Diesel Avail-

able

Die-sel

Filled

Total Die-

sel

DG Run

Hour

kWh Me-ter read-

ing

Petro card

details

79

Annexure -4

Format of log book entry for MAEM and MIM activities

Name of Site:

SL No

Date

Name of per-son

Time In

Observations/ work done

Time out

Signa-ture

Annexure – 5

Proforma for Reimbursement of diesel cost

S/n

Sit

eN

am

e

Su

bD

ivis

ion

DG

Make

DG

Capacit

y

Die

selO

MR

Die

selC

MR

Die

selF

ille

dD

uri

ng

the m

on

th

Tota

l D

iesel

Con

su

med

Mu

ltip

licati

on

Facto

r

DG

Ru

nH

ou

rOM

R

DG

Ru

nH

ou

rCM

R

Tota

l D

GR

un

Tim

e

Tota

l D

ieselC

on

su

m-

edas p

er

CPH

Recom

men

ded

Die

sel C

on

su

mpti

on

RE

MA

RK

S

A

B

C

D

E

F

G

H

I=F+H

-

G

J

K

L

M=L-K

N=J*M

O =

Less o

f

N &

I

P

80

Annexure -6

Monthly Performance Report Name of subdivision: Period: from ____________ to ____________ Total No. of site for MAEM:

Total No. of sites for MIM (Full) City:

Total No. of site for MIM (Full) Rural:

Total No. of site for MIM (Partial) City:

Total No of site for MIM (Partial) Rural:

No of sites where diesel filled during this report period:

A. Performance of MAEM:

a. Whether BTS related alarm are extended to OMC: ________ if No, No. of

sites where alarms has not been extended: _________ duration of noncom-

pliance in days: _____________.

b. Total duration of instances of not taking prompt action as per clause

15.4.a.2 of Section-5-Part-A of the tender:

c. Total duration of prolonged site failure as per clause 15.4.a.3of Section-5-

Part-A of the tender: City: __________ (Hrs), Rural: __________.

d. No. of instance of minor deviations other than those mentioned above (as

per clause 15.4.a.4 of Section-5-Part-A): __________.

B. Performance of MIM (Full and Partial), City and Rural areas:

a. Whether power plant alarms has been extended to OMC: ________, if No,

No. of sites where alarms has not been extended: ______________, total du-

ration of noncompliance n days: ____________.

b. Total duration of instances of not taking prompt action as per clasue15.4.

b.2 of Section-5-Part-A of the tender:

c. Total duration of non-compliance as per clasue15.4. b.3 of Section-5-Part-A

of the tender:

d. Total duration of non-compliance as per clasue15.4. b.4 of Section-5-Part-A

of the tender:

e. Total duration of non-compliance as per clasue15.4. b.5 of Section-5-Part-A

of the tender:

f. No. of instance of minor deviations other than those mentioned above (as

per clause 15.4.b.6 of Section-5-Part-A of the tender): __________.

C. Performance of diesel filling:

a. No. of instance of minor deviations (15.4.d.1 of Section-5-Part-A):

b. No. of instance of major deviations (15.4.d.2 of Section-5-Part-A):

Counter sign by DE Signature of Sub Division in charge

81

Annexure 7

Monthly Rigger Report Name of Sub Division: Period: from ____________ to ____________

A. Rigger activities (Normal)

Sr No. Date Name of site Activity

B. Rigger activities (Hard)

Sr No. Date Name of site Activity

Certified that the above activities were carried out satisfactorily.

Signature of Sub Division in-charge

Annexure – 8

Experience Certificate It is hereby certified that M/s _________________________________ has got experience in the following activities.

1. Name of telecom provider:

2. Name of telecom circle:

3. Details of contract

Nate of work Carried out

(Yes/No)

If yes,

period

of contract

Remarks

Mobile Access Equipment Maintenance

Mobile Infrastructure Maintenance

Diesel Filling

Rigger activities

4. Duration of contract:

5. Total cost of contract:

6. Overall performance assessment: Satisfactory / Non-Satisfactory

(Signature and seal) (To be signed by Authorised signatory of the company with seal and date)

82

Annexure 9

MUTUAL NON-DISCLOSURE AGREEMENT This Agreement is made as of the ___________ between Bharat Sanchar Nigam Limited (A Government of India Enterprise), O/o General Manager Telecom BSNL Kollam SSA, having its registered office at 10th Floor, Statesman House, B-148, Barakhamba Road, New Delhi-110001 herein after called “BSNL” which expression shall unless repugnant to the subject or the context mean and included its successors, nominees or assign and M/s …….. (Bidder), an Indian Company incorporated and registered under the companies Act 1956, having its registered office at ……………….. herein after referred to as the “Bidder” which expression shall unless repugnant to the subject or the context mean and include its successors, nominees or assigns. In order to pursue the mutual business purpose specified in Exhibit A (the "Business Purpose"), BSNL and Bidder recognize that there is a need to disclose to one another certain confidential information 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 and other information which the disclosing party identifies in writing as confidential before or within thirty days after disclosure to the receiving party ("Confidential Information").

2. Each party agrees (i) to hold the other party's Confidential Information in strict confidence, (ii) not to disclose such Confidential Information to any third parties, and (iii) not to use any Confidential Information for any purpose except for the Business Purpose. Each party

may disclose the other party's Confidential Information to its responsible employees with a bona fide need to know, but only to the extent necessary to carry out the Business Purpose. Each party agrees to instruct all such

employees not to disclose such Confidential Information to third parties, including consultants, without the prior written permission of the disclosing party. 3. Confidential information will not include information which:

I. is now, or hereafter becomes, through no act or failure to act on the part of the receiving party, generally known or available to the public:

II. Was acquired by the receiving party before receiving such

information from the disclosing party and without restriction as to use or disclosure;

III. Is hereafter rightfully furnished to the receiving party by a

third party, without restriction as to use or disclosure: IV. is information which the receiving party can document was independently developed by the receiving party;

V. is required to be disclosed pursuant to law, provided the

receiving party uses reasonable efforts to give the disclosing party

83

reasonable notice of such required disclosure; or

VI. Is disclosed with the prior written consent of the disclosing party.

4. 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 and 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 making off of the premises. 5. 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. 6. Each party recognizes and agrees that nothing contained in this

Agreement will be construed as granting any rights to the receiving party, by license or otherwise, to any of the disclosing party's Confidential Information except as specified in this Agreement. 7. Each party acknowledges 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. 8. This Agreement will be construed, interpreted, and applied in accordance with the laws of India. Subject to terms and conditions regarding the removal of Confidential Information as set forth under

relevant Sections, this Agreement and Exhibit A attached hereto are the complete and exclusive statement regarding the subject matter of this Agreement and supersede all prior agreements, understandings and

communications, oral or written, between the parties regarding the subject matter of this Agreement. 9. This Agreement will remain in effect for five years from the date of the last disclosure of Confidential Information, at which time it will

terminate.

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

Bidder Company Name Bharat Sanchar Nigam Limited

Signature Signature

Printed Name Printed Name

84

Title

Title

Seal Seal

Exhibit A

1. Business Purpose: To carry out Mobile Access Equipment Maintenance, Mobile Infrastructure Maintenance, Diesel filling and Rigger Activities

(Reference: Tender No :MS/INFRA/BTS Mtce Outsourcing/Tender/BSS/KLM/2020-21/1 dated at kollam7/7/2020)

2. Confidential Information of Bidder

3. Confidential Information of Bharat Sanchar Nigam Limited (BSNL):

• The equipment details including the configurations. • All information shared in oral or in written form by BSNL with

Bidder Company Name Bharat Sanchar Nigam Limited

Signature Signature

Printed Name Printed Name

Title

Title

Seal

Seal

SPECIAL CONDITIONS -GST 1. INDEMNITY: It is the responsibility of the supplier to ensure that outwards supply return (GSTR-1) is filed correctly and to declare correct information on the invoice and GST portal. In case of mismatch because of vendor’s fault, prompt amendments must be made by the supplier or else supplier shall be required to indemnify BSNL of the loss of credit due to mis-match and BSNL shall recover the said amount from vendor. The compliances to be adhered by supplier includes (but is not limited to) the

following; I. Uploading appropriate invoice details on the GSTN (Goods and GST Network) within the stipulated time.

II. Issuing GST compliant invoice CN/ DN. PO issued by BSNL should be referred by supplier for capturing information on the invoice.

III. Acceptance of changes made by BSNL on GSTN on account of non-upload or incorrect upload of details on GSTN. Such changes w.r.t the mismatch is required to be accepted by supplier Within the time limit prescribed under the GST law. It must 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. BSNL reserves the right to be indemnified for the credit loss and recover the said amount from the supplier in case BSNL is unable to claim the input tax credit for any non-compliances or default due to lack of diligence on the part of supplier. Further in case any credit is not received or short credit is received or in case of any error because of which no credit is received then such equivalent

85

amount is not liable to be paid by BSNL. Where, however the amount has already paid by BSNL the same is liable to be recoverable or adjustable against subsequent payments to the condition. It is hereby agreed between both the parties that in case any GST and / or cess liability, interest, penalties or any other tax/duty/amount /charge/ liability / professional costs related to litigation becomes payable by BSNL or input tax credit is denied to BSNL due to failure of the supplier to comply with the relevant laws/ regulations applicable in India or Overseas. Supplier undertakes to indemnify BSNL for an amount equal to amount payable by BSNL and the same shall be recovered by BSNL.

2.KEY REQUIREMENTS OF A TAX INVOICE:

I. Name, Address and GSTIN of the supplier II. Invoice number containing alphabets and/or numbers, special characters

III. Date of the invoice IV. Name, address and GSTIN of the recipient V. HSN code of goods or service Accounting code (SAC)

VI. Description of goods or services VII. Quantity in case of goods or unit

VIII. Total value of goods or services IX. Taxable value of goods or services X. Rate of tax (CGST+SGST/UTGST or IGST + cess (if applicable)

XI. Amount of tax charged in respect of taxable goods or services XII. Place of supply along with the name of state, in case of a supply in the course

of inter-state trade or commerce XIII. Place of delivery where the same is different from the place of supply Whether

the tax is payable on reverse charge XIV. Signature or Digital signature of the supplier or his authorized representative.

The contents for revised tax invoice and credit or debit notes are outlined below: The word “Revised Invoice”, wherever applicable to be indicated prominently along with the date and invoice number of the original invoice

I. Name, Address and GSTIN of the supplier II. Name of the document

III. Invoice number containing alphabets and/or numbers, special characters IV. Date of the invoice V. Name, address and GSTIN of the recipient

VI. Serial number and date of the corresponding tax invoice VII. Taxable value of goods or services rate of tax and the amount of the tax

credited or as the case may be, debited to the recipient VIII. Signature or Digital signature of the supplier or his authorized representative. 3. GST INVOICE CLAUSE: It shall be the responsibility of supplier to raise appropriate tax invoice as per the provisions of GST Act. BSNL reserves the right to be indemnified for the credit loss in case of BSNL is unable to claim the input tax credit for any non-compliance / default in raising appropriate invoice by supplier . Further all invoices should be sent to BSNL

All the details of supplier (name, address, GSTIN/ Unregistered vendor, Place of supply, SAC/HSN code etc.,) and other mandatory details shall be mentioned on the invoice

Invoice/DN/CN need to be issued timely within the time prescribed under GST law

86

In case of any deficient supply, BSNL shall convey the same in a reasonable time to enable the supplier to issue credit note and take tax adjustment

it would be the responsibility of the supplier to declare correct information on invoice and GST portal 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

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 availment of credit and ensure that the place of supply as per GST law is same as registered premise

it shall be the responsibility of supplier to raise invoice within the prescribed time.

4. SUBMISSION OF BILL - DEBIT NOTE /CREDIT NOTE CLAUSE: The supplier acknowledges and agrees to issue appropriate debit note/credit note as prescribed under GST Act and send to BSNL within the prescribed time limit. All documents should be received well in advance so as to enable BSNL to claim proper credit. Further it shall be the responsibility of supplier to declare the details of such credit note in the return for the month during which such credit note has been issued but not later than September following the end of the financial year in which such supply was made or the date of furnishing of the relevant annual return, whichever is earlier. BSNL reserves the right to be indemnified for the credit loss by supplier in case BSNL is unable to claim the input tax credit for any compliance or default or due to lack of diligence on the part of the supplier. 5. PURCHASE ORDER CLAUSE: supplier shall raise invoice based on purchase order issued by BSNL. In case of any deviation or disagreement by supplier on place of supply, billing location, HSN code/ SAC code stated on PO, it shall be the responsibility of supplier to intimate BSNL well in advance. Further, in case supplier raises the invoice on an address other than agreed, it shall be the responsibility of the supplier to modify the invoice. GST Place of supply clause: For the purpose of this agreement, place of supply under GST Act shall be the place of supply as determined under purchase order raised by BSNL. It shall be the responsibility of supplier to intimate BSNL well in advance in case of deviation/ disagreement with the place of supply as determined in PO. Deficient Supply/Incomplete supply /rejected supply: Each party to contract agrees

that in case of any deficient supply or incomplete supply or rejected supplier, it shall be the responsibility of supplier to issue GST compliance credit note within the reasonable time and take tax adjustment. In case the supplier fails to issue proper credit note within the time stipulated under the GST law the taxes charged and not adjusted would be borne by the supplier. 6. COMPLIANCE RATING Supplier shall be liable to comply with all the compliances as may be prescribed to ensure that compliance rating is not reduced below the prescribed limit as laid down under GST Act and GST regulations. Supplier shall be required to submit a self-declaration time to time, that they are not blacklisted on the GST portal. Notwithstanding anything contained in agreement. In the event of blacklisting of supplier ie compliance rating reduced below the prescribed limit, the amount related to tax shall be paid to supplier only on receipt of input tax credit to BSNL.

87

7. PENALTY It is agreed by supplier that in case of any deviation, default or negligence on the part of supplier due to which it is liable to pay penalty to BSNL, the same shall be recovered by BSNL from supplier along with applicable GST TAX ( as may be applicable). 8. LIQUDATED DAMAGES GST (if applicable) on account of liquidated damages due to delay in supply of goods would be borne by supplier. 9. MISCELLANEOUS i) Supplier agrees to share the monthly information with BSNL which would be uploaded by the supplier in the GSTR-1 along with the information of input credit to

be claimed by BSNL in such month. ii)It shall be the responsibility of vendor to provide reconciliation statement of all

the supplies made by it including issuance credit note, debit note or other

documents as prescribed, within 30th September following the end of relevant

financial year.

E Tender for Mobile Access Equipment Maintenance, Mobile Infrastructure Maintenance, Diesel Filling and Rigger Activities of BTS sites in Kollam Telecom District of BSNL Kerala Circle.

Tender No:MS/INFRA/BTSMtce Outsourcing/Tender/BSS/KLM/2020-

21/1 dated at kollam 07/07/2020)

88

ANNEXURE 10

Payment details to HK, Manual assistance and rigger

Sl. No:

HK Site

Name

Sub Division

Name of HK personnel

Address Wages

(Salary+DA)

EPF A/C No:

ESI A/c No:

EPF Contribution

(Employer's

share)

EPF Contribution

(Employee's

share)

ESIC Contribution

(Employer's

share)

ESIC Contributio

n (Employee's share=1.75

% of Wages)

Net Wages after

deducting Employee's contribution of EPF, ESIC

Annexure 11

List of BTS sites for Mobile access equipment maintenance

SN RPID SITE_NAME Subdivision (Any other details – to be filled by BA)

Annexure 12

List of BTS sites for Mobile Infrastructure Maintenance (MIM) – Full


89

Annexure 13

List of BTS sites for Mobile Infrastructure Maintenance (MIM) – Partial


Annexure 14

List of BTS sites for Diesel filling

ANNEXURE – 15

DEED OF INDEMNITY This DEED OF INDEMNITY is executed on this the ……………………………, by 1. <<Name of the Bidder>>, a company/ firm registered under the ………………………………..

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

TO AND IN FAVOUR OF Bharat Sanchar Nigam Limited, through the ……………………… BSNL ………………………. Office (hereinafter referred to as the Purchaser which expression shall unless repugnant to the context or meaning thereof mean and be deemed to include its authorized representatives and permitted assigns) on the Other Part. WHEREAS

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

(b) The Bidder had submitted its bid/ proposal dated ___ (hereinafter referred to as the ‘Bid’) for the provision of such services in accordance with its proposal as set out in its Bid and in accordance with the terms and conditions of the Tender.

(c) The Bidder has in order to comply with the terms of the Tender agreed to execute the Deed of Indemnity on such terms and conditions more fully mentioned below.

SL RPID SITENAME Type Sub

division Diesel filling

House keepin

g

Partial house

keeping LAT LOG

DG Make

DG Cap

CPH

(Any other details – to be filled by BA)

90

NOW THIS DEED OF INDEMNITY WITNESSETH AS FOLLOWS: 1. The Bidder shall, in consideration of the Purchaser making payment under and in

accordance with the Tender Document, hereby agrees to indemnify the Purchaser against any costs, loss, damages and claims from third parties or liabilities suffered by the Purchaser and directly arising out of the following reasons:

a. Any illegal or unauthorized use or in connection with any claim or proceedings relating to any breach or violation of any permission/license terms by the Bidder or any of its sub-contractor in the process of fulfillment of required obligations during contract period.

b. The Bidder shall protect, defend, indemnify and hold harmless to BSNL and its employees from and against any and all liabilities, damages, fines, penalties and cost (including legal costs and disbursements) arising from:

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

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

II. Any claim made by third parties arising out of the use of the services of BSNL being provided using the equipment/services supplied under the Tender to the extent these are attributable solely to the poor quality or non-compliance of the products/services to the respective specifications.

III. Any claims arising from other utility / service providers in connection with interruptions or degradation of their services due to services pro-vided by bidder under this Tender.

2. The bidder also declares that in case bidder is blacklisted by GST Authorities in future &

which results in loss of Input Tax Credit (ITC) to BSNL, then BSNL shall have right to re-cover any such loss of ITC arising on account of such black-listing.

3. This Deed of Indemnity shall stand terminated on expiry of or early termination of the contract period as envisaged in the above said Tender requirement.

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

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

law.

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

Witness 1: Witness 2:

91

ANNEXURE - 16

Particulars for Input Invoice , Receipt Voucher & GST Details of Purchaser

A. Input Invoice

Sl_No Particulars of Input Invoice

01 Name and Registered address of the supplier

02 GST Registration Number of the supplier

03 Name of BSNL Entity

04 ‘Bill to “ and ‘ship to’ address of BSNL

05 GST Registration Number of BSNL

06 Date of Invoice

07 Invoice Number

08 Place of Supply (Including state)

09 Type of Tax (CGST,SGST and IGST)

10 Rate of Tax

11 Value of Goods/Service and Type /rate/Amount of Tax should be separately mentioned

12 Qnty of goods

13 Total Value of Invoice

14 Description of supply of goods/service

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

B. Receipt Voucher

Sl_No Particulars of Receipt Voucher

01 Name and Registered address of the supplier

02 GST Registration Number of the supplier

03 Name of BSNL Entity

04 ‘Bill to “ and ‘ship to’ address of BSNL

05 GST Registration Number of BSNL

06 Date of Document Issued

07 Document Number

92

09 Amount of Advance Taken

10 Type of Tax (CGST,SGST and IGST)

11 Rate of Tax

12 Qnty 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.

08 Place of Supply (Including state)

C. GST Details of BSNL ___________

Provisional ID registered for the GST __________________________

Name & Address

Bharat Sanchar Nigam Ltd.

Sate Of Registration Kerala

93

CHECKLIST FOR BIDDER

Sl.No Description

1 Scanned copy of all pages of Tender document signed by the bidder or Authorized Person on all pages along with seal

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

3 Bank Guarantee/DD for EMD as per DNIT (Scanned copy on E-TENDER Portal and Physically to Tender Inviting Officer in case of e-Tender

4 Certificates showing fulfilment of eligibility criteria stated in clause 5 of the DNIT.

5 Power of attorney & authorization for executing the power of attorney in accor-dance with clause 14.3 of Section 4 Part A. (if applicable)

6 Integrity Pact (if applicable)

7 Clause by clause compliance as per clause 11.2.b of Section 4 Part A

8 Bidder’s profile & questionnaire duly filled and signed as per Section 8.

9 No near relative certificate dully filled and signed.

10 Undertaking and declaration dully filled and signed as per Section 6[A].

11 Documents stated in clause 10 of Section -4 Part A

12 Tender/Bid form – Section 9 Part A

13 Attested copy of ESI registration

14 Attested copy of EPF registration

15 Attested copy of GST registration

16 Attested copy of PAN Card

17 Letter of authorization, if any

18 Attested copy of Memorandum of association and articles of Association in case of company.

19 Details of the firm along with List of Directors on the Board of the Company, list of partners, as applicable.

20 Attestation of the signature of the authorized signatory, issuing PoA, by Bank

21 Attested copy of Registration of the firm or authenticated copy of Partnership Deed in case of partnership firms.

22 Attested copy of “Power of Attorney” in case person other than the tenderer has signed the tender documents Signature of Bidder

23 The authorisation of the competent authority for signing the tender

94

24 Letter showing authorised signatory. (If applicable)

25 Indemnity bond declaration for indemnifying BSNL against any non-compliance by bidder towards all applicable statutory requirements, if work is awarded

26 Mandate form for ECS/EFT

27 Certificate regarding tender form downloaded from internet.

28 In case of MSE bidders, valid certification from MSME (valid on the date of opening of tender.)

29 Declaration regarding non blacklisting as per Section-6-6(D)

30 Declaration that no changes has been made to the tender document as per Sec-tion-6-6(C)

31 Any other supporting document asked for in the bid document