BBNL/CO/CGM (CM)/Secretarial Assistance Services /2015/20 1 BHARAT BROADBAND NETWORK LIMITED (A GOVERNMENT OF INDIA UNDERTAKING) Tender No. BBNL/CO/CGM (CM)/Secretarial Assistance Services /2015/20 Date: 15/10/2015 Tender Document For “Providing Secretarial Assistance Services at BBNL” Office of the Chief General Manager (Contract Management) 3 rd Floor, C-DOT Campus, Mandigaon Road Mehrauli, New Delhi-110030
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BHARAT BROADBAND NETWORK LIMITED (A GOVERNMENT … Assistance Services... · BHARAT BROADBAND NETWORK LIMITED (A GOVERNMENT OF INDIA UNDERTAKING) ... INTRODUCTION 1. ... Companies
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1. DEFINITIONS: a) “The Purchaser” means the CMD, Bharat Broadband Network
Limited (BBNL), New Delhi. b) “The Bidder” means the individual or firm who participates in this
tender and submits its bid. c) “The Supplier” or “The Vendor” means the individual or firm
supplying the goods and/ services under the contract. d) “The Goods” means all the equipment, machinery, and/ or other
materials including services, which the supplier is required to supply to the purchaser under the contract.
e) “The Purchase Order” means the order placed by the purchaser on the supplier signed by the Purchaser including all attachments and appendices thereto and all documents incorporated by reference there in. The purchase order shall be deemed as Contract appearing in the document.
f) “The contract price” means the price payable to the supplier under the purchase order for the full and proper performance of its contractual obligations.
g) The “APO” means the intention of purchaser to place the purchase order on the bidder.
Words, term and expressions not specifically defined herein or in Tender
documents shall have the same meaning assigned to them in the Indian, Sale of Services Act, 1930 or the Indian contract Act, 1872 or the General clause Act, 1897 as the case may be. Heads notes are for convenience purpose only and shall not affect the interpretation or construction of any provision hereof/bid documents.
2. ELIGIBILITY OF BIDDERS:
2.1 This invitation for bidders is open to all the Agency/Service Provider who
are Proprietorship firms or registered under Indian Partnership Act, 1932 or limited Liability Partnership Act, 2008 or registered under Indian Companies Act, 1956/2013 whichever is applicable.
2.2 The annual average turnover of the Agency/Service Provider during last
three financial years i.e. 2012-13 , 2013-14 & 2014-15 should not be less than Rs. 37,00,000/=.
The bidder is to submit Audited balance sheet/Annual Report /Chartered Accountant Certificate for the years 2012-13, 2013-14 & 2014-15.
2.3 The Agency/Service Provider should have an experience of providing Office support services such as Programmers / Data entry operator / Office Assistant / Call Center Executive/ Stenographers/ Peon /Office boys/ helper/ etc in Central Govt. Department/organization/CPSUs/Govt. Autonomous organizations/ Private Business organizations amounting to minimum Rs. 25 lakhs in any one financial year during the last three financial years i.e. 2012-13, 2013-14 & 2014-15.
2.4 The Agency /Service Provider must be registered with PF & ESI Authorities & self-certified copies in this regard may be submitted with bid.
2.5 The Agency/Service Provider must be registered with Service Tax authority for Manpower Recruitment /supply & self-certified copy in this regard be submitted with bid.
2.6 The Agency/Service Provider should have PAN Number against their firm's name.
2.7 The Agency/Service Provider should have an office in Delhi/NCR or give undertaking for establishing office in Delhi/ NCR within one month from date of issue of Purchase Order.
2.8 Service Provider will undertake that neither they have been blacklisted by any organization PSUs/Govt. Departments etc. in past nor any criminal case is registered against the Agency/Service Provider or its owner / partner / Directors anywhere in India. Affidavit / declaration / undertaking to this effect shall be attached
3. COST OF BIDDING
The bidder shall bear all costs associated with the preparation and submission of the bid. The purchaser will in no case, be responsible or liable for these costs, regardless of the conduct of the bidding process.
4. THE BID DOCUMENT:
4.1 The services required, bidding procedures and contract terms are prescribed in the bid document. The bid document include:
Sl.No Document description Section
1 Notice Inviting Tender Section I
2 Instructions to Bidders Section II
3 General (Commercial ) conditions of Contract Section III
4 Special conditions of Contract Section IV
5 Schedule of Requirement Section V
6 Bid Form Section VI
7 Price Schedule Section VII
8 Performa For Bid Security Section VIII
9 Clause by Clause Compliance Section IX
10 Format for Declaration regarding Blacklisting , debarring
Annexure-I
11 Letter of Authorization for Attending Bid Opening Section X
12 Performance Security Form Section XI
13 Special Instructions to Bidders for e-Tendering Section XII
4.2 The Bidder is expected to examine all instructions, forms, terms and conditions in the Bid Document. Failure to furnish, all information required as per the bid document or submission of bids not substantially responsive to the bid document in every respect will be at the bidder’s risk and may result in rejection of the bid.
5.0 CLARIFICATION OF BID DOCUMENTS: 5.1 Prospective bidders requiring any clarification on the Bid Documents shall
notify the purchaser on line by using the ETS Portal. The purchaser shall response in writing to any request for the clarification of the bid documents, which it receives latest by but not later than 14 days prior to the date of opening of the tender. The query (without identifying the source) and clarifications by the purchaser shall be posted on ETS Portal, BBNL website for information of all the prospective bidders.
5.2 Any clarification issued by BBNL in response to query raised by prospective
bidders shall form an integral part of bid documents and it may amount to an amendment of the relevant clauses of the bid documents.
5.3 The clarification, if any, can also be downloaded from the BBNL website &
bidder is expected to see the BBNL website for clarification before submitting the bid.
6. AMENDMENT TO BID DOCUMENTS 6.1 At any time, prior to the date of submission of bids, the purchaser may, for
any reason, whether at his own initiative or in response to a clarification requested by a prospective bidder, modify the bid document by amendments.
6.2 The amendments will be notified in writing on e-tendering portal and sent to all prospective bidders who have purchased the bid documents and these amendments will be binding on them. Amendment if any, shall be available on BBNL website and bidder is expected to see these before submitting his bid.
6.3 In order to give prospective bidders reasonable time in which to take the amendments 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 comprise the following documents: a) Documentary evidence establishing in accordance with clause 2 & 10
indicating that the bidder is eligible to bid and is qualified to perform the contract if his bid is accepted.
b) EMD/Bid Security furnished in accordance with clause 12. c) A clause-by-clause compliance of the goods/services offered as per clause
11.2(b). d) A bid form and price schedule completed in accordance with clauses 8 & 9.
8. BID FORM: 8.1 The bidder shall complete the Bid form and the appropriate price schedule in
the format furnished in the bid documents, indicating the services to be supplied, a brief description of the goods/services, quantity and prices.
8.2 Printed terms and conditions enclosed with the Tender Document will be
considered as forming part of the bid. In case terms & conditions of the contract applicable to this bid, as specified in the bid documents are not acceptable to bidders, they should clearly specify the deviations.
8.3 BBNL shall not accept any deviations in respect of any commercial conditions as laid down in the bid documents normally. However, the bidder shall give a statement of deviations to the provisions of the technical
specifications and commercial conditions, if there are any deviations. 9. BID PRICES
9.1 The bidder shall give the total composite price inclusive of all Levies & Taxes.
The basic unit price and all other components of the price need to be individually indicated against the goods/services it proposes to supply under the contract as per the price schedule given in Section VII. The offer shall be firm in Indian Rupees. No Foreign exchange will be made available by the purchaser.
9.2. Prices indicated in the Price Schedule shall be entered in the following manner.
(a) The Basic Unit price of the goods/services, PF, ESI, Contractor Service Charge, Service Tax, and any other Levies/ Charges already paid or payable by the supplier shall be quoted separately.
(b) The supplier shall quote as per price schedule given in section VII as per Schedule of Requirement.
9.3. A bid submitted with an adjustable price quotation will be treated as non- responsive and rejected.
9.4. The prices quoted by the bidder shall be in sufficient detail to enable the Purchaser to arrive at the price of services offered.
9.5. DISCOUNT, if any, offered by the bidders shall not be considered unless specifically indicated in the price schedule. Bidders desiring to offer discount shall therefore modify their offers suitably while quoting and shall quote clearly net price taking all such factors like Discount, free supply, etc., into account.
10 DOCUMENTS ESTABLISHING BIDDER’S ELIGIBILITY AND
QUALIFICATION: 10.1 The bidder shall furnish, as part of his bid documents establishing the
bidder’s eligibility, the following documents if applicable or whichever is required as per terms and conditions of bid documents.
i) Certificate of incorporation. ii) Memorandum and Articles of Association or Partnership deed or
Proprietorship deed /Affidavit as the case may be.
iii) EMD/ Bid Security details and mode of submission. iv) Self-attested PF, ESI, Service Tax Registration certificates. v) ISO Certificate (if available). vi) Duly notarized Power of Attorney (on non-judicial stamp paper of worth Rs.
100/-) in favour of authorized signatory in case of partnership firm (to be signed by all partners) or board resolution in case of a limited company to sign the bid. The signatures of authorized signatory must be attested.
vii) Declaration regarding any deviation / Clause-by-Clause compliance certificate is to be submitted as per section IX.
viii) Documents as per Eligibility Criteria given in Clause No.2 of Section-II. ix) Self-attested Copy of the Labour Licence issued by the Labour commissioner
for any contract awarded to bidder during last Three Financial years i.e. 2012-13, 2013-14 & 2014-15.
x) Declaration /Undertaking regarding non-blacklisting and debarring as per format in Annexure-I
xi) Self-attested copy of PAN No. against their firm’s name. xii) Office Address with phone no. in Delhi/NCR or Undertaking. 10.2 (i) The bidder shall furnish annual report / audited balance sheet as evidence
that he has financial capability to perform the contract as per clause no. 2.2 of section-II. (ii) The bidder shall furnish documentary evidence about technical and production capability necessary to perform the contract. (iii) In case of MSME bidders, classification whether micro, small or medium enterprise will be given with documentary evidence at the time of bidding.
11. DOCUMENTS ESTABLISHING SERVICES CONFORMITY TO BID
DOCUMENTS:
11.1 Pursuant to clause 7 above, the bidder shall furnish, as part of his bid, documents establishing the conformity of his bid to the bid document of all services, which he proposes to supply under the contract.
11.2 The documentary evidence of the services conformity to the bid document may be in the form of literature, drawings, data and he shall furnish.
a) A detailed description of the Services, essential technical and performance
characteristics. b) A Clause-by-Clause compliance on the purchaser’s specifications (section-
V), special conditions (section-IV), Instructions to bidders (section-II) and commercial conditions (section-III) demonstrating substantial responsiveness to the technical specifications and commercial conditions should be submitted with the bid as per Section IX.
In case of deviations, a statement of deviations and exceptions to the provision of the technical specification and commercial condition shall be furnished by the bidder(s) as per Section IX. A bid without Clause-by-Clause compliance shall not be considered.
(b) In the case of successful bidder, if the bidder fails:
(i) to sign the contract in accordance with clause 28 or (ii) to furnish performance security within the specified time in
accordance with clause 27.
(c) In both the above cases, i.e 12.7 (a) & (b), the bidder will not be eligible to
participate in the tender for same item for one year from the date of issue
of Advanced Purchase Order (APO). The bidder will not approach the
court against the decision of BBNL in this regard.
13. PERIOD OF VALIDITY OF BIDS. 13.1 Bids shall remain valid for 150 days from the date of bid opening prescribed
by the purchaser, pursuant to clause 19.1. A bid valid for a shorter period shall be rejected by the purchaser as 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 responses thereto shall be made in writing. The bid security provided under clause 12 shall also be suitably extended. A bidder may refuse the request without forfeiting its bid security. A bidder accepting the request and granting extension will not be permitted to modify its bid.
14. FORMATS AND SIGNING OF BID
The bid shall be typed or printed, numbered sequentially and digitally signed by the bidder or a person or persons duly authorized to bind the bidder to the contract. An index of various documents and page nowhere it is available, shall be given. The letter of authorization shall be indicated by written power-of-attorney.
D. SUBMISSION OF BIDS 15. SEALING AND MARKING OF BIDS: 15.1 The bids should be sealed and marked in accordance with the instructions
mentioned in Section-XII of this document. Bids have to be submitted online only. In addition, some documents have to be submitted off-line in accordance with Section-XII.
a) The envelope for offline submission shall be addressed to the purchaser at the address mentioned in the Section-XII of this document.
b) The envelope shall bear (the project name), the tender number and the words 'DO NOT OPEN BEFORE' (due date & time).
c) The envelope shall indicate the name and address of the bidders to enable the documents to be returned unopened in case it is declared 'late' or rejected.
d) The responsibility for ensuring that the tenders are delivered in time would vest with the bidder.
e) Offline documents delivered in person on the day of tender opening shall be delivered up to 13.30 Hrs. to the purchaser at the venue (address is given in NIT) of the tender opening. The purchaser shall not be responsible if the bids are delivered elsewhere.
f) Venue date and time of tender opening shall be as mentioned in the Notice Inviting Tender (NIT) i.e. Section-I. If due to administrative reasons, the venue of Bid opening is changed, it will be displayed prominently on notice board and also on BBNL website.
15.2 If both the envelopes are not sealed and marked as required at clause 15.1 the bid shall be rejected.
15.3 Tender Opening: Tender will be opened online by the designated Bid Opening Team of BBNL on the schedule date and time of opening of the bids.
The representatives of the bidders may attend the bid opening either online after Logging on to the ETS Portal or at BBNL premises
16. SUBMISION OF BIDS: 16.1 Bids must be received by the Purchaser online as per instructions in
Section-XII not later than the specified date and time indicated in the Detailed NIT (Section-I). The bidder is required to submit the bid online at the e-tender portal. Tender bids received after due time & date will not be accepted. Offline submission of bids would not be accepted and only the documents mentioned in Section XII shall be submitted offline.
16.2 The Purchaser may, at its discretion, extend this deadline for the submission of bids by amending the Bid Documents in accordance with clause 6 in which case all rights and obligations of the purchaser and bidders previously subject to the deadline will thereafter be subjected to the deadline as extended.
16.3 The bidder shall submit its bid offer against a set of bid documents purchased by him for all or some of the systems/equipment as per requirement of the Bid Documents. He may include alternate offer, if permissible as per the bid. However not more than one independent and complete offer shall be permitted from the bidder.
17. LATE BIDS: Any bid received by the purchaser after the deadline for submission of bids
prescribed by the purchaser pursuant to clause 16, shall be rejected. E-tender system is date and time locked. The system will not accept any bid
after the scheduled date and time of submission of the bids. 18. MODIFICATION AND WITHDRAWAL OF BIDS: 18.1 The bidder may modify, revise or withdraw its bid after submission prior to
the deadline prescribed for submission of bid, provided that the written notice of the modification/ revision or withdrawal is received by the purchaser prior to the deadline prescribed for submission of bids.
18.2 The bidder's modification, revision or withdrawal shall be prepared, sealed, marked and dispatched/ online submitted as required in the case of bid submission in accordance with the provision of clause 15.
18.3 A withdrawal notice may also be sent by email but followed by a signed confirmation copy by post not later than the deadline for submission of bids.
18.4 Subject to clause 20, no bid shall be modified subsequent to the deadline for submission of bids.
E. BID OPENING AND EVALUATION:
19. OPENING OF BIDS BY PURCHASER: 19.1 The purchaser shall open bids online in the presence of bidders or
their authorized representatives who chose to attend, at the time specified in the Detailed NIT (Section-I). The bidder's representatives, who are present, shall sign in an attendance register. Authority letter to this effect shall be submitted by the bidders before they are allowed to participate in bid opening (A Format is given in section X).
19.2. A maximum of two representatives of any bidder shall be authorized and
permitted to attend the bid opening.
19.3. The bidder's names, Bid prices, modifications, bid withdrawals and such
other details as the purchaser, at its discretion, may consider appropriate
will be announced at the time of opening.
19.4. The date fixed for opening of bids, if subsequently declared as holiday by
BBNL, 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: To assist in the examination, evaluation and comparison of bids, the
purchaser may, at his discretion ask the bidder for the clarification its bid. The request for the clarification and response shall be in writing. However, no post bid clarification at the initiative of the bidder shall be entertained.
21. EVALUATION OF BIDS
The Techno-Commercial bids will be evaluated in respect to their substantive responsiveness or otherwise. Thereafter, BBNL shall open the financial bids of only of those bidders whose techno- commercial bids are found to be qualifying in the technical evaluation. The detailed evaluation of financial bids shall also be carried out later and substantially responsive financial bids shall
be considered, for further evaluation.
Technical 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 whet her the bids are generally in order.
21.2 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. 21.3. 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. 21.4 Purchaser may waive any minor infirmity or non-conformity or irregularity
in a bid which doesn't constitute a material deviation, provided such waiver
doesn't prejudice or affect the relative ranking of any bidder.
21.5 The CET may decide to verify the information submitted by the Agencies by
visiting their offices or their client’s offices. The Agencies would organize
such visits as per the schedule given by the CET, failing which the CET may
take their own decisions with respect to the technical capabilities of the
Agency. Expenses for the visits will be borne by BBNL.
Financial Evaluation
a. After approval of the CET report by the competent authority, the processing
of the second stage will commence with the opening of the Financial Bids of
only the technically qualified agencies. A properly constituted Financial
Evaluation Committee (FEC) would scrutinize the financial bids. The bids
found lacking in strict compliance to the financial bid format will be rejected
straightaway.
b. Arithmetical errors shall be rectified on the following basis. If there is a
discrepancy between the unit price and total price that is obtained by
multiplying the unit price and quantity, the unit price shall prevail and the total
price shall be corrected by the purchaser. If there is a discrepancy between
words and figures, the amount in words shall prevail. If the supplier does not
accept the correction of the errors, its bid shall be rejected
c. For financial evaluation, agencies must quote rates in the financial bid form
otherwise the bid will not be considered.
22. EVALUATON 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 all-inclusive basis on the price of services inclusive of EPF, ESI, Service Tax, Contractor Service Charge and any other tax as indicated in Price Bid Format. The bidder whose all-inclusive Total price is lowest shall be declared (L-1) Bidder.
22.3 If a firm quotes “NIL” charges / consideration the bid shall be treated as unresponsive and will not be considered. Further , the bids of the firms quoting “Contractors Service Charges” of less than 2% of the Bill value, which is the TDS deducted by Government before making payment for services , will be rendered disqualified.
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 his bid or influence the purchaser in the
purchaser’s bid evaluation, bid comparison or contract award decisions shall result in the rejection of the bid.
F AWARD OF CONTRACT: 24.0 PLACEMENT OF WORK ORDER:
24.1 The purchaser may consider placement of work order for supply of services
on those bidders whose offers have been found technically, commercially and financially acceptable.
24.2 BBNL will award the contract to L-1 bidder for Secretarial Assistance Services, whose bids have been determined to be substantially responsive, technically and commercially acceptable and has been determined as the lowest evaluated price bid provided further that bidder is determined by the purchaser to be fully qualified to perform the contract satisfactorily.
24.3 However BBNL reserves the right to change the distribution of work among bidders.
25. PURCHASER’S RIGHT TO VARY QUANTITIES: (a) BBNL will have the right to increase or decrease up to 25% of the quantity of
goods and services specified in the schedule of requirements without any change in the unit price or other terms and conditions at the time of award of contract. Additional quantities up to 50% of goods and services contained in the running tender/ contract can be ordered within a period of twelve months from the earliest date of acceptance of APO (earliest one) at the same rate or a rate negotiated with the existing venders considering the reasonability of rates based on prevailing market conditions and the impact of reduction/ increase in duties and taxes etc.
(b) In exceptional situation where the requirement is of an emergent nature
and it is necessary to ensure continued supplies from the existing
venders, the purchaser reserves the right to place repeat order up to 100%
of the quantities of goods and services contained in the running tender/
contract within a period of twelve months from the earliest date of
acceptance of APO at the same rate or a rate negotiated with the
existing venders considering the reasonability of rates based on prevailing
market conditions and the impact of reduction / increase in duties and
26. PURCHASER’S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR
ALL BIDS: The purchaser reserves the right to accept or reject any bid, and to annul the
bidding process and reject all bids, at any time prior to award of contract without assigning any reason whatsoever and without thereby incurring any liability to the affected bidder or bidders on the grounds of purchaser’s action.
27. ISSUE OF ADVANCE PURCHASE ORDER: 27.1 The issue of an advance purchase order shall constitute the intention of the
purchaser to enter into contract with the bidder.
27.2 The bidder shall within 14 days of issue of the Advance Purchase Order (APO) give his unconditional and unequivocal acceptance along with performance security in conformity with the Section-XI of the bid documents.
28. SIGNING OF CONTRACT:
28.1 The issue of purchase order shall constitute the award of contract on the
bidder. 28.2 Upon the successful bidder furnishing performance security pursuant to
Clause-27, the purchaser shall discharge the bid security in pursuant to Clause-12.
29. ANNULMENT OF AWARD:
Failure of the successful bidder to comply with the requirement of clause 28 & 27.2 shall constitute sufficient ground for the annulment of the award and the forfeiture of the bid security/PBG or both 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. Rejection of Bids
30.1 While all the conditions specified in the bid documents are critical and are to be complied, special attention of bidders is invited to the following clauses of the bid documents. Non-compliance of any one of which shall result in rejection of bid.
i) Any bid/ offline document received late. ii) Any bid, unless exempted specifically, not accompanied by required Earnest
money / Bid security or received with shorter validity period / or insufficient amount of EMD.
iii) Any conditional bid. iv) Any bid in which rates have not been quoted in accordance with specified Formats/details as specified in Tender Document.
v) Any effort by a bidder to influence the purchaser in the bids evaluation, bid’s comparison or contract award decision may also result in rejection of the bid.
30.2 Before outright rejection of the Bid by Bid-opening team for non-compliance
of any of the provisions mentioned in clause 30.1 of Section II , 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.
30.3. 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.
30.4. The in-charge of Bid opening team will mention the number of bids with
the name of the company found unsuitable for further processing on the
date of tender opening and number of representations received in Bid
opening Minutes and if Bid opening team is satisfied with the argument of
the bidder/company mentioned in their representation and feel that there
is prima-facie fact for consideration, the in-charge of the bid opening team
will submit the case for review to Concern Director in the Corporate Office
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. 30.5. 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 desirous participants to be present on the
occasion. 31. Non-Relationship Certificate 31.1 The bidder should give a certificate that none of his/her near relative is working
in the units as defined below where he is going to apply for the tender. In case of Proprietorship firm, certificate will be given by the proprietor. For partnership firm certificate will be given by all the partners .In case of limited company, certificate will be given by all the Directors of the company excluding Govt. of India/Financial Institutions nominees and independent non-official part time directors appointed by Govt. of India or the Governor of the state.
31.2 Due to any breach of conditions by the company or firm or any other person the tender will be cancelled and bid security will be forfeited at any stage whenever it is noticed and BBNL will not pay any damage to the company or firm or the concerned person. The company or firm or the person will also be debarred for further participation in the concerned unit.
31.3 The near relatives for this purpose are defined as: (a) Members of a Hindu undivided family.
(c ) The one is related to the other in the manner as father, mother, son(s)& son’s wife (Daughter in law), daughter(s) and daughter’s husband (son in law), brother(s) and brother’s wife, sister(s) and sister’s husband (brother in law).
31.4 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 BBNL 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, BBNL shall have the absolute right to take any action as deemed fit/without any prior intimation to me."
32 VERIFICATION OF DOCUMENTS AND CERTIFICATES
32.1. 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 t hem
in the bid. The onus of proving genuineness of the submitted documents
would rest with the bidder. 32.2. As per requirement of the tender’s conditions, if any document/ paper/
certificate submitted by the participant bidder is found to be false/ fabricated/
tempered/ 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 BBNL 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 may also be taken for banning business
1. APPLICATION: The general conditions shall apply in all contracts, made by the purchaser
for the procurement of goods/services. 2. STANDARDS: The goods or services supplied under this contract shall conform to the
standards mentioned in the technical specifications. 3. PATENT RIGHTS: Deleted 4. PERFORMANCE SECURITY:
4.1 All suppliers (including small scale units who are registered with the National
Small Scale Industries Corporation under Single point registration scheme)
shall furnish performance security to the purchaser for an amount equal to
5% of the value of purchase order within 14 days from the date of issue of
Advance Purchase Order by the Purchaser. 4.2. The proceeds of the performance security shall be payable to the
Purchaser as compensation for any loss resulting from the supplier's
failure to complete its obligations under the contract. 4.3. The performance security Bond shall be in the form of Bank Guarantee
issued by a scheduled Bank and in the form provided in 'Section XI' of this
Bid Document.
OR,
The performance security Bond shall be in form of Demand Draft issued
by a scheduled Bank. 4.4. The performance security Bond will be discharged by the Purchaser after
completion of the supplier's performance obligations including any warranty obligations under the contract
5. INSPECTIONS AND TESTS:
5.1 The purchaser or his representative shall have the right to inspect and test
the services for their conformity to the specifications. In addition, the purchaser or its representative shall have the right to screen the candidates before putting them at job.
5.2 Notwithstanding the pre-services inspection prescribed in clause 5.1 above,
the candidates may also be inspected at work station and if any service / candidate is not found satisfactory, the same shall be replaced free of cost to the purchaser as laid down in clause 5.3 below.
5.3 If any Services or any part thereof, fails to fulfill the requirements of the
contract, the inspector shall give the contractor/supplier notice setting forth details of such failure and the supplier, shall make the defective Services, or alter the same to make it comply with the requirements of the contract forth with. The supplier free of all charges at site shall make these replacements. Should it fail to do so within the stipulated time, the purchaser reserves the discretion to reject and replace at the cost of the supplier the whole or any portion of the services as the case may be, which fails to fulfill the requirements of the contract? The cost of any such replacement made by the purchaser shall be deducted from the amount payable to the supplier.
5.4 Nothing in clause 5 shall release the supplier from any obligations under this
contract. 5.5 Inspection and testing shall be as per provisions in the General
Specifications. 6. DELIVERY OF SERVICES AND DOCUMENTS: 6.1 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. The delivery of the goods/Services shall be to the ultimate consignee as given in the purchase order/Work Order.
6.2 The delivery of Services shall be completed within 21 days from the date of issue of Purchase Order/Work Order.
7 PAYMENT TERMS: 7.1 Bills are to be submitted by the successful tenderer in duplicate enclosing
stamped pre-receipt on monthly basis to the Paying Authority every month for the services rendered in the preceding calendar month positively.
7.2 For claiming 100% payments following documents are required to be
produced before paying authority: (i) Invoice (ii) Copy of Work Order. (iii) Proof of service offered (iv) Proof of ESI & EPF deposit for last bill. (v) Challan/Voucher copy for having deposited Service TAX
(Amounts) for the last quarter. (vi) Proof of payment against services rendered.
7.3 The bidder has to give the mandate for receiving payment costing Rs.5
lacs and above electronically and the charges, if any, levied by bank
has to be borne by the bidder/ contractor/supplier. The bidder company
are required to give the following information for this purpose:- (a) Beneficiary Bank Name (b) Beneficiary branch (c) IFSC code of beneficiary branch (d) Beneficiary account (e) Branch Serial No. (MICR No.):
8. PRICES: 8.1 Prices charged by the supplier for services performed under the contract shall
not be higher than the prices quoted by the Supplier in its Bid except for
variation caused by change in taxes/ duties as specified in Clause-8.2
mentioned below. 8.2. For changes in taxes/ duties during the contract period, the unit price shall
be regulated as under: (a) Prices 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 contract
period, purchaser shall take the benefit of decrease in these
taxes/duties for the services delivered from the date of enactment of
revised duties/taxes.
(c) In case of increase in duties/taxes during the contract period, the purchaser
shall revise the prices as per new duties/taxes for the services, to be
provided during the remaining delivery period as per terms and conditions
of the purchase order.
9. CHANGES IN ORDERS 9.1 The purchaser may, at any time, by a written order given to the Supplier,
make changes within the general scope of the contract in any one or more of the following:
a) Specifications, where services to be furnished under the contract are to be specifically provided for the purchaser;
b) The place of delivery; or c) The services to be provided by the supplier.
If any such change causes an increase or decrease in the cost of, or the time required for the execution of the contract, and 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 30-days from the date of the receipt of the change in order. Decision of BBNL in this regard shall be final.
10 SUB-CONTRACTS:
The Supplier shall notify the Purchaser in writing of all subcontracts
awarded under this contract if not already specified in its bid. Such
notification, in its original bid or later shall not relieve the supplier from any
liability or obligation under the Contract.
11. Delays in the supplier’s performance/ liquidated damage/penalty:
The approved service provider will provide the services of hired Secretarial Assistance Service staff within 21 days of placing the work order by BBNL. Beyond 21 days a penalty of Rs.300/- per person per day will be levied for a period of 10 days and after that the work order will be cancelled/revised and the services of hired Secretarial Assistance Service staff shall be obtained from alternate sources at the risk and cost of the defaulting bidder. The work order cancellation charges will be applicable which will be recovered from Performance Bank Guarantee.
Force majeure clause will mean and be limited to the following in the
execution of the contract/purchase orders placed by BBNL:
hostilities.
Riot or civil commotion.
arthquake, flood, tempest, lighting or other natural physical disaster.
Restriction imposed by the Government or other statutory bodies,
Courts / Tribunal which is beyond the control of the Agencies, which
prevent or delay the execution of the order by the Agency.
13. Termination for default: 1. Default is said to have occurred:
i) If the agency fails to deliver any or all of the services within the time period(s) Specified in the work order or any extension thereof granted by BBNL.
ii) If the Agency fails to perform any other obligation(s) under the contract/work order.
iii) The Service Provider consistently provides unsatisfactory services. iv) The Service Provider assigns the Services/Activities or any part thereof
to any other person for sub-letting the whole or a part of the Services/Activities.
v) The Service Provider is declared insolvent by any court of law. 2. The contract may be terminated by giving One Month notice.
3. During the notice period for termination of contract, the Service Provider shall continue to provide the services / activities smoothly as before till the expiry of notice period.
4. The contract shall be terminated when law in force for contract bars the service provider.
14. 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 unwilling, 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.
15. ARBITRATION: 15.1 In the event of any question, dispute or difference arising under this
agreement or in connection there-with (except as to the matters, the
decision to which is specifically provided under this agreement), the same
shall be referred to the sole arbitration of the CMD, BBNL or in case his
designation is changed or his office is abolished, then in such cases to the
sole arbitration of the officer for the time being entrusted (whet her in addition
to his own duties or otherwise) with the functions of the CMD, BBNL or by
whatever designation such an officer may be called (hereinafter referred to
as the said officer), and if the CMD or the said officer is unable or unwilling to
act as such, then to the sole arbitration of some other person appointed by
The agreement to appoint an arbitrator will be in accordance with the
Arbitration and Conciliation Act 1996. There will be no objection to any
such appointment on the ground that the arbitrator is a Government Servant
or that he has to deal with the matter to which the agreement relates or that
in the course of his duties as a Government Servant/ PSU employee he has
expressed his views on all or any of the matters in dispute. The award of the
arbitrator shall be final and binding on both the parties to the agreement. In
the event of such an arbitrator to whom the matter is originally referred, being
transferred or vacating his office or being unable to act for any reason
whatsoever, the CMD, BBNL or the said officer shall appoint anot her person
to act as an arbitrator in accordance with terms of the agreement and the
person so appointed shall be entitled to proceed from the stage at which it
was left out by his predecessors. 15.2. The arbitrator may from time to time with the consent of both the parties
enlarge the time frame for making and publishing the award. Subject to
the aforesaid, Arbitration and Conciliation Act, 1996 and the rules made
there under, any modification thereof for the time being in force shall be
deemed to apply to the arbitration proceeding under this clause. 15.3. The venue of the arbitration proceeding shall be the office of the CMD,
BBNL, New Delhi or such other places as the arbitrator may decide. 16. SET OFF:
Any sum of money due and payable to the supplier (including security deposit/ PBG refundable to him) under this contract may be appropriated by the purchaser or the BBNL or any other person(s)contracting through the BBNL and set off the same against any claim of the purchaser or BBNL 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 BBNL or such other person(s) contracting through the BBNL.
17 COURT JURISDICTION
17.1. 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 (New Delhi in present
case).
17.2. 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 (New Delhi in present case). Accordingly, a stipulation
shall be made in the contract as under.
17.3. “This Contract/ PO is subject to jurisdiction of Court at New Delhi only”.
The Special conditions of contract shall supplement ‘Instructions to the Bidders’ as contained in Section-II & “General (Commercial) Conditions of the Contract” as contained in Section-III and wherever there is a conflict, the provision herein shall prevail over those in Section-II and Section-III.
1. The BBNL, at present, wants to engage outsourcing agency which can provide
and manage the Services for BBNL as described in detail in section V. The
requirement of the BBNL is only indicative and may further increase or
decrease during the period of contract depending upon the exigency of work.
2. The agency shall ensure that the individual manpower deployed for
Secretarial Assistance Services in the BBNL conforms to the Schedule of
Requirement, Education qualifications and experience prescribed at section
V of the Tender Document.
3. The agency shall furnish the following documents in respect of the individual
manpower deployed by it in the BBNL before the commencement of work;
a. List of persons to be deployed for providing services in BBNL.
b. Personal data of the persons i.e. DOB/ Father's Name / Marital
7. The agency shall be responsible for compliance of all statutory provisions i.e.
compliances relating to Minimum Wages, Provident Fund, Employees State
Insurance, payment of Bonus etc. under prevailing labour laws including
contract labour (Regulation and Abolition Act) etc. in respect of the persons
deployed by it in the BBNL.
8. The agency shall also be liable for depositing all taxes, levies, Cess etc. on
account of service rendered by it to BBNL to concerned tax collection
authorities from time to time as per extant rules and regulations on the
subject matter.
In case, the agency fails to comply with any statutory/ taxation liability under
appropriate law, and as a result there of, BBNL is put to any loss/ obligation,
monetary or otherwise, the BBNL will deduct the same from the monthly bills
and /or from the Performance Security Deposit of the agency, to the extent of
the loss or obligation in monetary terms.
9. The agency shall maintain all statutory registers mandatory under the
different prevailing Laws on the subject matter. The agency shall produce the
same, on demand, to the concerned authority of the BBNL or any other
authority under Law.
10. a) The Tax Deduction at Source (T.D.S.) shall be made as per the provisions of Income Tax Act, as amended from time to time and a certificate to this effect shall be provided to the Service Provider by the BBNL.
b) The Service Provider shall obtain all Registration(s) / Permission(s) /
License (s) etc. which are /may be required under any labour laws or
other legislation(s) for providing the services under this NIT/Agreement.
c) It shall be the Service Provider's responsibility to ensure compliance of
all the Central and State Govt. Rules / Local & Municipal Laws / Rules /
Orders and Regulations with regard to the provisions of the services
under this NIT Agreement.
d) The Service Provider will undertake to comply with the applicable
provisions of all welfare legislation and more particularly with the
Contract Labour (Regulation and Abolition) Act, 1970 and rules framed
there under, as applicable, for carrying out the purposes of this
NIT/Agreement. The Service Provider shall further observe and comply
with all Govt. laws concerning employment of persons employed by the
Service provider and shall duly pay all sums of money to such persons as
may be required to be paid under such laws. It is expressly understood
that the Service Provider is fully responsible to ascertain and understand
the applicability of various Acts, and take necessary action to comply with
33. The service provider shall be contactable at all times on telephone and he will
promptly reply message(s) sent by e-mail/Fax/Special Messenger/Phone
from the BBNL. The service provider shall acknowledge immediately on
receipt on the same day.
34. The agreement can be terminated by BBNL giving one month’s notice in
advance.
35. That on the expiry of the agreement as mentioned above, the agency will
withdraw all its personnel and clear their accounts by paying them all their
legal dues. In case of any dispute on account of the termination of manpower
by the agency, it shall be the entire responsibility of the agency to pay and
settle the same.
36. The Contract will be initially for a period of One year extendable up to
another one year on the same terms and conditions. However, BBNL
reserves the right to terminate the contract after giving a notice of one month
in advance without assigning any reason.
37. The successful bidder shall be liable for and make good any damage caused to
the BBNL properties or premises or any part there of or to any fixture or
fittings there of or therein by any act of omission, fault or negligence on his
part or on the part of his employees or agents.
38. Service Provider will maintain an attendance register in respect of the
personnel deployed by the Service Provider on the basis of which
wages/remuneration will be paid in respect of the person at the approved
rates.
39. It is obligatory on the Contractor to ensure that wages paid should not be less than the minimum wages fixed by the appropriate Government, from time to time and all statutory requirements such as Provident Fund, Employees State Insurance and Bonus etc. must be incorporated in wages.
40. CMD BBNL, reserves the right to accept or reject any or all offers without assigning any reason thereof.
To, Chief General Manager (CM), Bharat Broadband Network Ltd. 3rd Floor, C-DoT Campus, Mandi Gaon Road, Mehrauli
New Delhi-110030 Subject: - Providing Secretarial Assistance Services on Contract Basis. Sir,
The undersigned having read and examined in detail the tender document in respect of providing Office Support Services on contract basis, do hereby express our interest to provide such services. Corresponding Details: 1 Name of the Company
2 Address of the Company
3 Name of the Contact person to whom all references shall be made regarding this tender
4 Designation and address of the person to whom all references shall be made regarding this tender
5 PAN and Service Tax details
6 Telephone (with STD Code)
7 E-mail of the contact person
8 Fax. No. (with STD Code) It is certified that the persons, who shall engage in providing outsourced services are competent enough and have necessary qualification for taking up this assignment. Thanking you,
Yours faithfully,
(Signature of Authorized Person) Place: __________ Name _____________________ Date: ___________ Designation____________
Seal _____________ Business ______________ Address______________
(Using the format below, provide information in respect of the each Department/Agency where office support services were provided by the bidder during the last three years along with the satisfactory work done certificate. 1 Name of the Agency/Service Provider,
along with its address and details of contact person to whom office support service was provided
2 Type of service provided and their numbers: Clerk/Typist/Data Entry Operators/Office Assistant/Office boys or helpers. (Other Please specify)
3 Work Order/Purchase Order details along with period of contract
4 Cost/Charges per month
Yours faithfully,
(Signature of Authorized Person)
Place: __________ Name __________________ Date: ___________ Designation ______________ Seal____________________
I/We, ______________________________Son / Daughter / Wife of Shri ______________ Proprietor / Director, authorized signatory of the Service Provider / Firm, mentioned above, is competent to sign this declaration and execute this tender document; 1. I/we have carefully read and understood all the terms and conditions of the tender and
undertake to abide to them;
2. The information / document furnished along with the above application are true and
authentic to the best of my knowledge and belief. I/we am/are well aware of the fact
that furnishing of any false information / fabricated document would lead to rejection
of my tender at any stage besides liabilities towards prosecution under appropriate law.
3. We are not involved in any major litigation that may have an impact or affect or
compromising on the delivery of service as required under this tender.
4. We are not debarred / black-listed by Central Government / State Government / any
Public Sector Undertaking in India.
5. I/we undertake that I/we shall obtain all Registration(s) / Permission(s) / License(s)
etc. which are/may be required under any Labour Law or other Legislation(s) for
providing the services under this NIT / Agreement.
6. It is my/our responsibility to ensure compliance of all the Central and State
Government rules and Regulations with regard to the provisions of the services under
this Agreement. I / We indemnify and shall always keep Department indemnified
against all losses, damages, claims, actions taken against Department by any authority
/ office in this regard.
7. I/we undertake to comply with the applicable provisions of all welfare legislation and
more particularly with the Contract Labour (Regulation and Abolition) Act, 1970, for
carrying out the purpose of this Agreement. I/ We shall further observe and comply
with all Government laws concerning employment of staff employed by me/us and
shall alone be responsible to make monthly wages/salaries and other statutory dues
like Employees Provident Fund, Employees State Insurance, Employees Deposit Link
Insurance, Bonus Gratuity, Maternity etc. to my/our employees, which in any case shall
not be less than the Minimum Wages as fixed or prescribed under the Wages Act, 1936,
Minimum Wages Act, 1948 (Act XI of 1948), Contract Labour (Regulation and
Abolition) Act 1970 and rules of the Delhi framed there under for the category of
persons employed by me /us from time to time or by the Central or State Government
and / or any authority constituted by or under any law shall duly pay all sums of money
to such staff as may be required to be paid under such laws. It is expressly understood
that I/We am/are fully responsible to ascertain and understand the applicability of
various Acts, and take necessary action to comply with the requirements of laws.
Yours faithfully (Signature of Authorized Person(s))
Declaration regarding Blacklisted, Debarred I _____________________son of /wife of Shri_______________________ and Director / partner/Proprietor of M/S________________________________ Do hereby solemnly affirm and declare as under:- 1. That I am the sole Proprietor /partner/Director/ of M/s ------------------------------------------------------------------------------------------------------------------------------ which has never ever been debarred and / or black-listed by any Deptt. Of Central Govt. /State Govt./PSU/Public bodies / Municipalities and not having any ongoing litigation or court case pending or any other money suits .Also state that the bid is not submitted in the name of this firm while being Director or partner of such firm which is either debarred, black-listed or has entertained litigation or having ongoing litigation or court cases or money suits pending regarding the failure of contractual obligations.
Signature of Proprietor /Partner/Director
Note: If the firm has been debarred and / or blacklisted by any Deptt. Of Central Govt./State Govt./PSU/Public bodies / Municipalities in past and now the order has been revoked or period finished or court case is under process, then firm should furnish details of such cases.
Handling of official communication preferably in English, cataloguing ,filing, maintenance of files, data Entry and report generation for project/operation. Capacity to analyze and taking/writing notes and office letters, handling of telephone calls and other office related works assigned from time to time.
(ii) Age Limit : 18 years to 35 years
(iii) Educational Qualification & Experience:
Graduate with experience in Microsoft tools, Proficient in Internet Browsing.
Must be well verse with MS Office Package i.e. MS Word, MS Excel and MS
Power Point etc.
At least one year work experience. The person should have good typing
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 this Bid.
2. We undertake, if our Bid is accepted, 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 General Commercial Conditions, read with modification, if any, in Section - IV – “Special Conditions of Contract”,.
3. If our Bid is accepted, we will provide you with a performance guarantee of a
Scheduled Bank for a sum @ 5% of the contract value for the due performance of the contract.
4. We agree to abide by this Bid for a period of --150----- days from the date fixed for
Bid opening or for subsequently extended period, if any, agreed to by us. This bid shall remain binding upon us up to the aforesaid period and may be accepted at any time before the expiration of that period.
5. 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.
6. Bid submitted by us is properly sealed and prepared so as to prevent any subsequent
alteration and replacement. 7. We understand that you are not bound to accept the lowest or any bid, you may
receive. 8. We understand that the Bid document so submitted is the true copy of BBNL tender
documents available on the BBNL website/ e-tendering portal. Any deviation will result in the rejection of the bid.
Dated this .............................. day of ........................ 2015 Name and Signature ----------In the capacity of Duly authorized to sign the bid for and on behalf of......................................
1. Name of the Agency/ Service provider with address:
2. Details of Rate quoted:
Note: 1 . Amount may be written in words as well as in figures. In case of any discrepancy b e t w e e n figures and words. The amount written in words will be taken as final for Evaluation.
2. No cutting or over writing shall be allowed. Any financial bid with overwriting or cutting will be disqualified.
(Signature of Authorized Person) With Seal
Sl.
No.
Name of
Services. Q
ua
nti
ty
Minimum Rate
Per month (Basic Unit
Price)
EPF/ESI/Service Charges Etc. Service Tax as applicable
BID SECURITY FORM Whereas.................................. (hereinafter called "the Bidder") has submitted its bid dated............for the supply of ........................ vide Tender No…………………… dated............ KNOW ALL MEN by these presents that WE .......................of.................... having our registered office at .................(hereinafter called "the Bank") are bound unto Bharat Broadband Network Limited (hereinafter called "the Purchaser") in the sum of Rs.................... for which payment will and truly to be made to the said Purchaser, the Bank binds itself, its successors and assigns by these present.
The Conditions of the obligation are:
1. If the Bidder withdraws or amends its bid or impairs or derogates from the bid in any respect during the period of bid validity specified by the Bidder on the Bid form or extended subsequently; or
2. If the Bidder, having been notified of the acceptance of its bid by the Purchaser during the period of bid validity
(a) fails or refuses to execute the Contract, if required; or
(b) Fails or refuses to furnish the Performance Security within the specified time, in accordance with the instructions to Bidders.
We undertake to pay to the Purchaser up to the above amount upon receipt of its first written demand, without the purchaser having to substantiate its demand, provided that in its demand, the purchaser will note that the amount claimed by it is due to it owing to the occurrence of one or both of the two conditions, specifying the occurred condition or conditions.
This guarantee will remain in force as specified in the Bid Document up to and including THIRTY (30) days after the Period of bid validity and any demand in respect thereof should reach the Bank not later than the specified date/dates.
Signature of the Bank Authority.
Name
Signed in Capacity of Name & Signature of witness Full address of Branch Address of witness Tel No. of Branch Fax No. of Branch
LETTER OF AUTHORISATION FOR ATTENDING BID OPENING (To be typed preferably on letterhead of the company)
To CGM (CM)
Bharat Broadband Network Limited, New Delhi - 110 030
Subject: Authorization for attending bid opening on ___________________ (date) in
the Tender of _________________________________________. .
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).
Following persons are hereby authorized to attend the bid opening for the tender
mentioned above on behalf of ……………………………………………………(Bidder) in order of
preference given below.
Order of Preference Name Specimen Signatures
I.
II.
Alternate Representative
Signatures of bidder/ Officer authorized to sign the bid Documents on behalf of the bidder.
Note: 1 Maximum of two representatives will be permitted to attend bid opening. In cases where it is restricted to one, first preference will be allowed. Alternate representative will be permitted when regular representatives are not able to attend.
2. Permission for entry to the hall where bids are opened, may be refused in case authorization as prescribed above is not received.
In consideration of the CMD, Bharat Broadband Network Limited (hereinafter called 'BBNL') having agreed to except ___________________ (hereinafter called 'the said contractor(s)') from the demand under the terms and conditions of an agreement/Advance Purchase Order No ________________ dated ____________ made between _____________________ and __________________ for the supply of _______________________ (hereinafter called "the said agreement "), of security deposit for the due fulfillment by the said contractor (s) of the terms and conditions contained in the said Agreement, on production of the bank guarantee for _____________________________________we, (name of the bank) _________________________ ( hereinafter refer to as "the bank") at the request of ___________________________________ (contractor(s)) do hereby undertake to pay to the BBNL an amount not exceeding ___________________ against any loss or damage caused to or suffered or would be caused to or suffered by BBNL by reason of any breach by the said Contractor(s) of any of the terms or conditions contained in the said Agreement.
2. We (name of the bank) ____________________ do hereby undertake to pay the amounts due and payable under this guarantee without any demure, merely on a demand from the BBNL by reason of breach by the said contractor(s)' of any of the terms or conditions contained in the said Agreement or by reason of the contractors(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 BBNL 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 ___________________________________.
3. We undertake to pay to the BBNL any money so demanded notwithstanding any dispute or disputes raised by the contractor(s)/supplier(s) in any suit or proceeding pending 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 contractor(s)/supplier(s) shall have no claim against us for making such payment.
4. We( name of 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 BBNL under or by virtue of the said Agreement have been fully paid and its claims satisfied or discharged or till ________________________(office/ Department) BBNL certifies that the terms and conditions of the said Agreement have been fully or properly carried out by the said contractor(s) and accordingly discharges this guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before the expiry of TWO and Half YEARS (as specified in A. P.O) from the date hereof, we shall be discharged from all liabilities under this guarantee thereafter.
5. We (name of the bank)_________________________ further agree with the BBNL that the BBNL 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 contractor(s) from time to time or to postpone for any time or from time to time any of the powers exercisable by the BBNL against the said Contractor(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 Contractor(s) or for any forbearance, act or omission on the part of the BBNL or any indulgence by the BBNL to the said Contractor(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. This guarantee will not be discharged due to the change in the constitution of the Bank or the Contractor(s)/ supplier(s).
7. We (name of the bank) ____________________ lastly undertake not to revoke this guarantee during its currency except with the previous consent of the BBNL in writing.
Special Instruction to Bidders for e-tendering 1. The Special Instructions (for e-Tendering) supplement “General Instructions
to Bidders”, as given in the Tender Document. Submission of online Bids is
mandatory for this Tender.
2. E-Tendering is a new methodology for conducting Public Procurement
in a transparent and secured manner. Now, the Government of India has
made e- tendering mandatory. Suppliers/ Vendors will be the biggest
beneficiaries of this new system of procurement. For conducting electronic
tendering, BBNL has decided to use the portal https://www.tcil-india-
electronictender.com, through TCIL, a Central Government Public Sector
Enterprise. This portal is based on the “secure‟ and “User friendly” software
from Electronic Tender and is referred as the Portal in this document . A
portal built u s ing E lec t r o n i c Tender’s software is also referred to as
Electronic Tender System (ETS).
3. Benefits to Suppliers are outlined on the Home-page of the portal.
4. Broad Outline of Activities from Bidder’s Perspective:
i. Procure a Digital Signature Certificate (DSC)
ii. Register on Electronic Tendering System® (ETS) portal
iii. Create Users and assign roles on the portal
Iv. V i e w Notice Inviting Tender (NIT) on the portal
V. For this tender – Assign Tender Search Code (TSC) to a MA
vi. D o w n l o a d Official Copy of Tender Documents from the portal
vii. Clarification to Tender Documents on the portal
– Query to BBNL (Optional) – View response to queries posted by BBNL
viii. Bid-Submission on the portal
ix. A t t e n d Public Online Tender Opening Event (TOE)
on the portal – Opening of relevant Bid-art
x. Post-TOE Clarification on the portal (Optional)
– Respond to BBNL Post TOE Queries xi. A t t e n d Public Online Tender Opening Event (TOE) on the portal
– Opening of relevant part (i.e. Financial-Part) (Only for Technically Responsive Bidders).
5. 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 portal.
6. Digital Certificates: For integrity of data and authenticity/ Non-Repudiation of electronic records, and to be compliant 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].
7. Registration: To use the portal https://www.tcil-india-electronictender.com, vendors need to register on the portal. Registration of each organization is to be done by one of its senior persons who will be the main person coordinating for the e- tendering activities. In ETS terminology, this person will be referred to as the Super User (SU) of that organization. For further details, please visit the website/ portal, and click on the “Supplier Organization” link under „Registration” (on the Home Page), and follow further instructions as given on the site. Pay Annual Registration Fee as applicable.
8. After successful submission of Registration details and Annual Registration Fee, please contact TCIL/ ETS Helpdesk (as given below), to get your registration accepted/ activated.
9. To minimize teething problems during the us e of the portal (including
the registration process), it is recommended that the user should peruse the
instructions given under ETS User-Guidance Center located on ETS Home
Page, including instructions for timely registration on the portal. The
instru ct ions r e l a t i n g t o Essential Computer Security Settings for Use of
ETS and Important Functionality Checks should be especially taken into
cognizance.
10. Please note that even after acceptance of your registration by the
Service Provider, to respond to a tender you will also require time to
complete activities related to your organization such as creation of users,
assigning roles to them etc.
11. The entire bid-submission would be online on the portal (unless specified for Offline Submissions).
a. Broad outline of submissions are as follows: >Submission of Bid-Parts/ Envelopes
Technical-Part Financial-Part
>Submission o f i n f o r m a t i o n p e r t a i n i n g B i d S e c u r i t y / E a r n e s t M o n e y / Deposit (EMD) >Submission of digitally signed copy of Tender Documents/ Addendum >Submission of General Terms and Conditions (with/ without deviations) >Submission of Special Terms and Conditions (with/ without deviations)
b. The Technical-Part shall consist of Electronic Form-Technical, Main Bid- Technical and B i d -Annexure. Scanned/ E l e c t r o n i c c o p i e s o f t h e v a r i o u s
Documents required to be submitted under the Eligibility Conditions, off-line submissions, instructions to bidders and documents required to establish compliance to Technical Specifications and other terms and conditions of the tender and un-priced detailed bill of material for each SOR item shall be uploaded in Main Bid-Technical and Bid-Annexure. In Main Bid-Technical, only one file (including zipped file) of up -to 10 MB can be uploaded. Additional Documents can be uploaded as Bid-Annexure. Filling of the Electronic Form-Technical and submission of documents in Main Bid- Technical are mandatory.
c. The Financial-Part shall consist of Electronic Form-Financial and Main Bid- Financial. Scanned copy of the duly-filled price schedule (Section-VII) and priced detailed bill of material for each SOR item shall be uploaded in Main B i d -Financial. In Main B i d -Financial, on l y o n e f i l e ( including zipped file) of up-to 10 MB can be uploaded. Additional Documents in support of the taxes, duties quoted etc. may also be uploaded in Main Bid- Financial. Filling of the Electronic Form-Financial and submission of scanned copy of price bid in Main Bid-Financial are mandatory.
12. Off-line Submissions:
A. The b idder i s requested to submit t h e fol lowing documents offline to Chief General Manager (CM), Bharat Broadband Network Limited, 3rd Floor, C-DOT Campus, Mandi Gaon Road, Mehrauli, New Delhi - 110030 before the last date and time of bid submission in a Sealed Envelope otherwise the bid shall not be opened.
i. Demand Draft/ Bankers Cheque of Rs. 2100/- (including VAT)
drawn in Favor of BHARAT BROADBAND NETWORK LIMITED payable at New Delhi and drawn on any scheduled bank against payment of tender fee/ cost of Tender Document
ii. Original copy of the EMD/Bid Security in the form of a Bank Guarantee/ Demand Draft/ Bankers cheque in accordance with the details mentioned in detailed NIT (Section-I).
iii. Original copy of Power-of-Attorney.
B. The Pass-Phrase for the Technical-Part and the Pass-Phrase for the Financial-Part of the bid sealed in separate envelopes before start date & time of tender opening event (TOE).
13. The envelope shall bear Tender name and tender number and the words
“DO NOT OPEN BEFORE” (due date & time). 14. The Bidder should also upload the scanned copy of all above said
original documents required under above clause 12 in Technical-Part
as Main Bid- Technical or Bid-Annexure during Online Bid-Submission.
Special Note on Security and Transparency of Bids: 15. Security r e l a t e d functionality has b e e n rigorously implemented
in t h e portal in a multi-dimensional manner. Starting with 'Acceptance of
Registration by the Service Provider', provision for security has been made
at various stages in Electronic Tender's software. Specifically for Bid
Submission, some security related aspects are outlined below:
16. As a part of the Electronic Encrypted functionality, the contents of both the „Electronic Forms‟ and the “ Main-Bid” are securely encrypted using a
Pass-Phrase created by the Bidder himself. Unlike a “password”, a Pass-Phrase can be a multi-word sentence with spaces between words (e.g. “ I love this
Word”). A Pass-Phrase is easier to remember, and more difficult to break. It is recommended that a separate Pass - Phrase be created for each Bid -Part. Bid-encryption in the portal is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE), even if there is connivance between the concerned tender-opening o f f i c e r s o f t h e purchaser and the personnel of e-tendering service provider.
It is important that the bidder does not forget the Pass-Phrase used for encrypting (i.e. equivalent of sealing) a bid. In case the Pass-Phrase is forgotten during the process of Bid-Submission, the previous submissions made for that Bid-Part will have to be annulled, and fresh submissions is to be made with a new “Pass-Phrase”. If a Pass-Phrase is forgotten after the “Last Date and
Time of Receipt of Bids” of a particular tender has elapsed, then it would not be possible to open (decrypt) the bid and such bids are
to be “Archived un-opened” during the Tender Opening Event
(TOE). This is important from Security perspective and ensures that a bid can only be opened (decrypted) with the Pass-Phrase provided by the bidder himself.
17. CAUTION: All bidders must fill Electronic Forms for each bid-part
sincerely and carefully and avoid any discrepancy between information
given in the Electronic Forms and the corresponding Main-Bid. For
transparency, the information submitted by a bidder in the Electronic
Forms is made available to other bidders during the Online Public TOE.
If it is found during the Online Public TOE that a bidder has not filled in
the complete information in the Electronic Forms, the TOE officer may
make available for downloading the corresponding Main-Bid of that
bidder at the risk of the bidder. If variation is noted between the
information contained in the Electronic Forms and the “Main-Bid”,
the c o n t e n t s of the E l e c t r o n i c Forms shall prevail. Alternatively, the
purchaser reserves the right to consider the higher of the two pieces of
information (e.g. price) for the purpose of short-listing and the lower
of the two pieces of information (e.g. price) for the purpose of payment
18. Typically, “Pass-Phrase” of the Bid-Part to be opened during a particular
Public Online Tender Opening Event (TOE) is furnished online by each
bidder during the TOE itself when demanded by the concerned T ender
Opening Officer.
19. The bidder shall make sure that the Pass-Phrase to decrypt the relevant Bid-
Part is submitted to BBNL in a sealed envelope before the start date and
time of the Tender Opening Event (TOE).
Additionally, the bidder shall make sure that the Pass-Phrase to decrypt the relevant Bid-Part is submitted into the “Time Locked Electronic Key
Box” after the corresponding deadline of Bid Submission.
The process of submission of this Pass-Phrase in the “Time Locked
Electronic Key Box” is done in a secure manner by first encrypting this
Pass-Phrase with the designated key provided by the Buyer organization.
20. There is an additional protection with SSL Encryption during transit from the
client-end computer of a Supplier organization to the e-tendering server/
portal.
Public Online Tender Opening Event (TOE):
21. The portal offers a unique facility for “ Public Online Tender Opening Event
(TOE) “. Tender opening officers as well as authorized representatives of bidders can simultaneously attend the Public Online Tender Opening Event (TOE) from the comfort of their offices. Alternatively, one/ two duly authorized representative(s) of bidders (i.e. Supplier organization) are requested to carry a Laptop with Wireless Internet Connectivity, if they wish to come to BBNL office for the Public Online TOE.
22. Every legal requirement for a transparent and secure “Public Online Tender
Opening Event (TOE)”, i n c l u d i n g d i g i t a l counter-signing o f each
opened bid by the authorized TOE-officer(s) in the simultaneous online
presence of the participating bidders‟ representatives, has been implemented
on the portal.
23. As soon as a Bid is decrypted with the corresponding “Pass-Phrase” as
submitted online by the bidder himself (during the TOE itself), salient points
of the Bids (as identified by the purchaser) are simultaneously made
available for downloading by all participating bidders. The tedium of taking
notes during a manual “ Tender Opening Event” is therefore replaced with
this convenient form of “Public Online Tender Opening Event (TOE) “.
24. The portal has a facility of “Online Comparison 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 Bid-Part of a tender. The information
in the Comparison Chart is based on the data submitted by the Bidders. A
detailed Technical and/ or Financial Comparison Chart enhances
Transparency. Detailed instructions are given on relevant screens.
25. The portal also has a facility of a detailed report titled “Minutes of Online
Tender Opening Event ( TOE)” covering a l l important activities of “ Online
Tender Opening Event (TOE)”. This is available to all participating
bidders for “ Viewing/ Downloading”.
26. There are many more facilities and features on the portal. For a particular
tender, the screens viewed by a Supplier will depend upon the options
selected by the purchaser.
27. For further instructions, the vendor should visit the home-page of the portal
https://www.tcil-india-electrionictender.com, and go to the User-Guidance
Center.
28. The help information provided through „ETS User-Guidance Center is
available in three categories – Users intending to Register / First-Time Users,
Logged-in users of Buyer organizations, and Logged-in users of Supplier
organizations. Various links are provided under each of the three categories.
29. 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 the portal.
30. The following ' SIX KEY INSTRUCTIONS for BIDDERS' must be
assiduously adhered to:
i. Obtain individual Digital Signing Certificate (DSC or DC) well in advance of your first tender submission deadline on the portal
ii. Register your organization on the portal well in advance of the important deadlines for your first tender on the portal viz “Date and Time of Closure
of Procurement of Tender Documents” and “Last Date and Time of Receipt
of Bids”. Please note that even after acceptance of your registration by the
Service Provider, to respond to a tender you will also require time to complete activities related to your organization, such as creation of users, assigning roles to them, etc.
iii. Get your organization's concerned executives trained on the portal well in advance of your first tender submission deadline on the portal.
iv. Submit your bids well in advance of tender submission deadline on the portal (There could be last minute problems due to internet timeout, breakdown, etc.)
v. I t is the responsibility of each bidder to remember and securely store the
Pass- Phrase for each Bid-Part submitted by that bidder. In the event of a bidder forgetting the Pass-Phrase before the expiry of deadline for Bid-Submission, facility is provided to the bidder to „Annual Previous
Submission‟ from the Bid- Submission Overview page and start afresh with new Pass-Phrase(s).
vi. ETS will make your bid available for opening during the Online Public Tender Opening Event (TOE) „ONLY IF‟ y o u r „Status pertaining O v e r a l l Bid- Submission‟ is “Complete”. For your record, you can generate and save a copy of “Final Submission Receipt”. This receipt can be generated from “ Bid-Submission Overview Page” only if t h e “Status pertaining overa l l Bid-Submission” is “Complete”.
31. While the first three instructions mentioned above are especially relevant
to first- time users of the portal, the fourth, fifth and sixth instructions
are relevant at all times.
32. Minimum Requirements at Bidder’s end: • Computer System with good configuration (Min PIV, 1
GB RAM, Windows XP with service pack 3)
• Broadband connectivity
• Microsoft Internet Explorer 6.0 or above
• Digital Certificate(s) 33. The bids shall be opened in two stages. During the first Tender Opening Event (TOE), onl y t h e Technical-Part of the bids shall be opened. Subsequently, the Financial-Part of those bids which are found to be techno- commercially responsive shall be opened during another Tender Opening Event (TOE).
34. Vendors Training Program (Optional):
One day training (11:00 to 17:00) would be provided by TCIL.
Training is optional. Vendors are requested to carry a Laptop and
Wireless Internet Connectivity.
Scheduled Date 28/10/2015
Venue BBNL Corporate Office, New Delhi -110030
Vendors training Charges
(Per Participant)
Rs.2,500/-
(Plus Service Tax as applicable)
The Vendor training charges shall be paid either in cash or through DD/ Pay
Order to M/s TCIL before start of training session. The interested Bidders are
requested to send the request to attend this vendor training in advance by