BHARAT SANCHAR NIGAM LIMITED - sneamah.net BSNL Manual for procurement... · 1.8. E-Procurement...

BSNL Procurement Manual for BW Unit

BHARAT SANCHAR NIGAM LIMITED

(A Government of India Enterprise)

MANUAL OF PROCUREMENT

OF

GOODS/EQUIPMENT

in BW UNIT

(Effective from March 2019)

Bharat Sanchar Nigam Limited

Bharat Sanchar Bhawan, Janpath

New Delhi - 110001

Visit us at: www.bsnl.co.in


INDEX

1.PREAMBLE ..................................................................................................... 5-7

1.1. Introduction ................................................................................................. 5

1.2. Purchase of goods for purchase up to Rs 25000/- ...................................... 6

1.3. Purchase of goods by Purchase Committee ............................................... 6

1.4. Open/Advertised Tender ............................................................................. 6

1.5. Limited Tender ............................................................................................ 6

1.6. Bidding System ........................................................................................... 7

1.7 Rate Contract……………………………………………………………………..7

1.8. E-Procurement ............................................................................................ 7

CHAPTER - 2 .................................................................................................... 8-11

2.GUIDELINES FOR USER SECTIONS ............................................................... 8

2.1. Role of the User Section ............................................................................. 8

2.2. Need/ Quantity ............................................................................................ 8

2.4. Estimated Rates .......................................................................................... 9

2.5. Deciding the Eligibility Criteria ..................................................................... 9

2.6. Guidelines for Framing the Specifications and Technical Requirements..... 9

2.7. Special Instructions to Bidders and Special Conditions of Contract .......... 10

2.9. Authorities competent to purchase goods and their Purchase Powers ..... 11

2.10. Check-List for Requisition for Procurement of Material ............................. 11

CHAPTER - 3 .................................................................................................. 12-18

3.BID DOCUMENTS ............................................................................................ 12

3.1. Preparation of Tender Enquiry Document ................................................. 12

3.2. Standard Tender Enquiry Document ......................................................... 12

3.3. Section-1–Detailed Notice Inviting Tender (DNIT)& Newspaper NIT.. ...... 13

3.4. Section-2 – Tender Information ............................................................. ….13

3.5. Section-3–Scope of work,Tech.Specs./Requirements & SOR…………...13

3.6. Section-4 Part A - General Instructions to Bidders(GIB)…………………..14

3.7. Section-4 Part B - Special Instructions to Bidders (SIB) ........................... 14

3.8.Section-5 Part A–General (Commercial) Conditions of Contract (GCC) .... ..16

3.9. Section-5 B – Special (Commercial) Conditions of Contract (SCC)……...16

3.10. Section 9 – Price Schedule ....................................................................... 17


3.11. Pre-bid clarifications and amendments in the tender document ................ 17

CHAPTER - 4 .................................................................................................. 19-88

4.STANDARD TENDER ENQUIRY DOCUMENT…………. ............................. …20

SECTION – 1 Part A - DETAILED NIT ……………………………………….…21

SECTION - 2 – TENDER INFORMATION……………………………………….25

SECTION-3 Part A - SCOPE OF WORK …………………………………….... 27

SECTION-3 PART B - TECH. SPECS./ REQUIREMENTS …………………..28

SECTION-3 PART C - SCHEDULE OF QUANTITIES ………………….....29

SECTION-4 PARTA - GENERAL INSTRUCTIONS TO BIDDERS (GIB) …..30

SECTION –4 PART B - SPECIAL INSTRUCTIONS TO BIDDERS …….…….46

SECTION-4 PART C - E-TENDERING INSTRUCTIONS TO BIDDERS ……..47

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

CONTRACT………………………………………………56

SECTION-5 PART B - SPECIAL (COMMERCIAL) CONDITIONS OF

CONTRACT….. …………………………….….…….......71

SECTION-5 PART C - GENERAL CONDITIONS of AMC …… .………......….72

SECTION-6 …………………………………………………………..…………….73

PART A- UNDERTAKING & DECLARATION………………………………….73

PARTB - NEAR RELATION CERTIFICATE .…………….……………….....… 74

SECTION -7 - PROFORMAS ..…………..…………………..…………...….…. 75

PART A - BID BOND GUARANTEE ……..…………………………...….……..…75

PART B - PERFORMANCE GUARANTEE ………………………..………….….77

PART C - LETTER OF AUTHORISATION FOR ATTENDING BID OPENING ..79

PART D - Model Amendment Letter Intimating Conditions for Extension

OF DELIVERYPERIOD ……..………………………...……….……..80

PART E - Model Amendment Letter for Extension of Delivery Period………....82

SECTION- 8 - BIDDER'S PROFILE AND QUESTIONNAIRE ……..……….…84

SECTION-9 ………..……………………………………..……………………......86

PART-A - BID FORM ………..…………………………..……………………….86

PART-B (I) - PRICE SCHEDULE FOR INDIGENOUS EQUIPMENT …......88


CHAPTER-5 - BID BOND GUARANTEE OR EARNEST MONEY DEPOSIT (EMD)…………………………………………………………..….89 CHAPTER-6 - OPENING OF BIDS…………………..………….………………91-94

CHAPTER-7 - Scrutiny of Tender ………………………………………….... 95

CHAPTER-8 - Check list for Requisition of Equipment/Goods before placing

purchase order…………………..…………………………….……..….……..96

116

CHAPTER-9 - PERFORMANCE BANK GUARANTEE………………………..97

CHAPTER-10 - ADVANCE PURCHASE ORDER …………………………………101

ADVANCE PURCHASE ORDER FORMAT …………………………………..102

CHAPTER-11 PURCHASE ORDER ………………………………..……………..….106

PURCHASE ORDER FORMAT …………………..…………………..…..……107

CHAPTER-12 - PRICING AND PRESERVATION OF THE TENDER

DOCUMENTS………………………………………………….…111

CHAPTER-13 - CONCESSIONS TO MSE UNITS…………………………….…...112

CHAPTER-14 - COPIES OF LETTERS/ CIRCULARS/ ANNEXURES..……..113

CHAPTER-15- GUIDELINES FOR TAKING ACTION AGAINST VENDORS

WHO DEFAULT …125

APPENDIX-1 TO SECTION 4 PART A UNDER CHAPTER 4 for

STANDARD TENDER ENQUIRY DOCUMENT……………..136-143


CHAPTER – 1

1. PREAMBLE

1.1. Introduction

1.1.1. BSNL's aim is to procure the material of the specified quality, at the most

competitive rates, in a fair, just and transparent manner. Procurement is an

important activity in BSNL as about 50% of its budget is used for

procurement of materials. Consequent upon corporatization of Department

of Telecom Services & Department of Telecom Operations into a Corporate

Entity i.e. BSNL, a need has been felt to modify the existing procurement

procedure being followed by BSNL Corporate Office as well as by Telecom

Circles so as to cut down the procurement time in the present liberalized

telecom market. This is all the more necessary as BSNL is facing increasing

competition in all types of services and has to respond quickly for

procurement of materials as well as its utilization so as not only to keep its

market share in the emerging telecom scenario but also to expand and

acquire new market segments.

1.1.2. For Building Works/ Procurement of Services, BSNL BW unit has been

following CPWD Manual and other related documents/guidelines as issued

by BSNL from time to time. However the provisions of this Procurement

Manual are meant for procurement of goods only as outlined in Para 1.1.5

below.

1.1.3. In addition to above, there are items which are procured by BW Unit of BSNL

in course of execution of Building Works for BSNL and works (called external

works) of other government organizations/departments/entities. These items

are furniture and furnishing items, modular furniture/work

stations,Curtains,signage/name plates/logo, horticulture items like plants,

turf etc, tower material and part thereof, foundation stone /inauguration stone,

flower/bouquet, festoons, construction chemicals, anti-termite chemicals,

building materials for completion of balance work, computer & computer

peripherals, site equipment / tools etc..

1.1.4. This manual contains the detailed procedures, guidelines to be followed by

BSNL BW unit to ensure smoother and faster decision making. While the

Manual aims at providing broad procedures for procurement of goods, the

decision regarding the competent authority should be taken on the basis of

Schedule of Delegation of Administrative and Financial Powers issued by

Corporate Office. For purchase of goods by a purchase committee, wherever

applicable, the procedure shall be as defined in defined below.

1.1.5. With the formation of BSNL as a corporate entity in a Liberalized Telecom

Market where BSNL has to compete with a large number of competitors, it is

imperative for BSNL to serve in the competitive environment. For such a

scenario, it is essential not only to see the cost of materials being procured

but also the time required for its procurement as well as successful


implementation so as to make its presence felt among various competitors.

Thus, not only the cost and time factor is required to be taken into

consideration but at the same time the cost of opportunity lost due to long

gestation period of procurement and implementation is also to be taken into

consideration i.e., the business opportunity is also one of the most important

factors for implementation of any such venture/project. Hence, under such

circumstances, it is essential to take an overall view for cost of material, time

for procurement, method of procurement as well as business opportunity for

any such venture/project. In such a situation, the Management Committee /

BSNL Board may decide the methodology to be adopted for such

procurement taking into consideration cost, time as well as business

opportunities as situation warrants. Following methodologies can be adopted:

1.2. Purchase of goods for purchases worth up to Rs 25,000/-

In a situation where the requirement is of an immediate nature and absolutely

essential in the interest of work, purchase up to Rs 25,000/- (Rs twenty five

thousand only) on each occasion may be made as per Rule 154 of GFR

2017.Purchase may be made at SDE (C) level. However EE(C) shall be

competent authority to decide the urgency, in writing.

1.3. Purchase of goods by purchase committeefor purchases worth above

Rs 25,000/- and upto Rs 2,50,000/-

Purchase of goods costing above Rs 25,000/- and up to Rs 2,50,000/- on each occasion as per Rule 155 of GFR 2017 may be made on the recommendation of a duly constituted Local Purchase Committee consisting of three members of appropriate level as decided by the competent authority i.e. SE (C).Generally committee shall consist of EE (C) concerned, AGM or equivalent nominated by User Section and FO to CE (C).The recommendations of the committee shall be approved by SE (C) and purchase be made by EE (C) concerned thereafter.

1.4. Open/Advertised Tender

This mode may be used for procurement of goods estimated to cost Rs 2.5

Lakhs and above as per Rule 161 of GFR 2017.However this mode may be

adopted for goods estimated to cost below Rs 2.5 Lakhs also.

1.5. Limited Tender

This mode as per Rule 162 of GFR 2017 is generally to be adopted for

procurement of goods estimated to cost upto Rs 25 Lakhs. The tender

documents are issued to only those suppliers/vendors which are registered

with BSNL.The BSNL BW unit shall register suppliers/vendors in a fair and

transparent manner for a fixed period (between one to three years).


1.6. Bidding System

For the purpose of Clause 1.4 and 1.5 above, following systems of bidding

may be adopted

i) Single stage single envelope system

This may be followed where qualitative requirements and technical

specifications are clear, capability of source of supply is not critical and

value of procurement is low to moderate. In this system eligibility details,

technical/commercial and financial quote/details are submitted together

in same envelope

ii) Single stage two envelope system

In case of technically complex requirements and capability of source of

supply is not crucial and value of procurement is not low, this system may

be followed. The first envelope should contain eligibility, technical and

performance aspects, commercial terms and conditions and bid

document and instruments of cost of bid document and Earnest money

deposit (EMD) sought in the tender. The second envelope should contain

financial/price quote along with other financial details. Both the envelopes,

duly sealed, should be placed in third outer sealed envelope. The first

envelope containing techno-commercial bid shall be opened first. The

second envelope containing financial bid of only those bidders shall be

opened which qualify after evaluation of techno-commercial bid.

1.7. Rate Contract Route

Certain routine items/ services of mass consumption and recurring nature

are required in the organization, but their precise quantity may not be known.

In such cases, the rate contract (RC) route of procurement may be adopted

valid for a specific period not exceeding a year. BSNL should have own rate

contracts and should not depend on other agencies for this purpose.

1.8. E-Procurement

Procurement through e-procurement and e-tendering should be encouraged.

E-Tendering is the carrying out of the tendering process through the Internet,

using e-tendering software applications. This promotes competition for the

tender, and provides a process that is efficient for both the buyer and

suppliers and a selection process that is transparent to bidders. The process

results in a host of tangible and intangible benefits to both parties. The ERP

project is being implemented and this would provide a platform for e-

procurement in BSNL. Meanwhile a set of instructions in this regard has been

brought out in Section-4 part C under Chapter 4 of the Manual. It has been

decided to process the Procurement cases of amount of Rs Two lakhs and

above through e-tendering method.

***


CHAPTER – 2

2. GUIDELINES FOR USER SECTIONS

2.1. Role of the User Section

2.1.1. The User Section (i.e. the Unit that has raised the requisition e.g. Planning/

Operations/ Marketing/ Administration/ any other unit) is primarily

responsible for providing details in respect of technical and functional

requirement and quantity along with broad specifications or other unique

functional requirements.

2.1.2. Delay in finalization of tenders often leads to delay in project completion.

Often, the delay could be avoided if the tender conditions and requirements

are framed meticulously. Some of the common reasons for delays are

mentioned below:

The eligibility conditions being too restrictive, the unsuccessful bidder

complains/ goes into litigation.

The technical requirements are too idealistic and many bidders are

unable to meet some or the other requirement. This leads to loading/

rejection/ relaxation and hence associated delays.

Contradictory clauses in the bid document.

The technical requirement getting amended during pre-bid clarification

leading to ambiguity. As a result, the loading, etc. is challenged by

bidders.

2.1.3. In this chapter, broad guidelines are provided which should be kept in view

before floating a tender enquiry. The correct decision will continue to depend

on experience and good judgment of the concerned sections.

2.2. Need/ Quantity

2.2.1. The starting point of the procurement process for any item is estimation or

forecast of its requirements to be reflected in the tender documents. The

price of the item has a bearing on the quantity being tendered for example,

higher the quantity, more the chances of price being lower for the same item.

2.2.2. Provisioning is the basis for any purchase. Excessive provisioning without

taking into consideration the important aspects like available stock,

outstanding dues/supplies, past consumption pattern and the average life of

the equipment/ item etc. results in infructuous expenditure both in term of

procurement cost and the inventory carrying cost. The projection and

provisioning must be judicious and justified depending on various factors

including usage pattern. One time purchase for project or capital equipment/

spares should be properly justified taking into account the obsolescence

factor, etc.


2.3. Estimated Rates

2.3.1. Estimated rates are often worked out in an adhoc, unprofessional and

perfunctory manner. As estimated rate is a vital element in establishing the

reasonableness of prices, it is important that the same is worked out in a

realistic and objective manner on the basis of prevailing market rates, last

purchase prices, economic indices for the raw material/ labour, other input

costs and assessment based on intrinsic value of the item etc. If possible

and required a detailed analysis may be done to arrive at reasonably realistic

estimated rates.

2.3.2. The estimated rates should be worked out while keeping in view the above

on case-to-case basis and should be vetted by finance wing before issue of

NIT.

2.4. Deciding the Eligibility Criteria

2.4.1. Credentials, manufacturing capability, quality control systems, past

performance for the goods in question, facility for after-sales service,

financial background etc. of the supplier(s) may be considered while framing

the eligibility conditions.

2.4.2. In case there is a change in the eligibility conditions with reference to the last

successful procurement of same item, or if the good is being procured for

the first time, then before issue of NIT it should be checked that sufficient

bidders would meet the eligibility criteria. A vendor conference, before issue

of NIT, with established suppliers, may be held, if required.

2.4.3 The eligible Micro & Small Enterprises (MSEs) shall be given the preferences

as detailed in Chapter 13.

2.4.4 Requirement for minimum financial turn over Criteria

The prequalification criteria in respect of minimum annual financial turnover

of a bidder should be kept in such a way as to facilitate the participation of

more bidders. It should neither be very stringent nor too lax. It should be

decided by the competent authority in terms of delegated powers on case to

case basis.

2.4.5 Requirement for experience criteria

The prequalification criteria in respect of experience of the bidder in respect

of having performed similar works should also be part of eligibility.The criteria

regarding satisfactory performance of goods supplied or satisfactory

execution of works etc. may be incorporated according to BSNL guidelines.

2.5. Guidelines for Framing the Specifications and Technical Requirements

2.5.1. The specification of the required good should be framed in such a manner

that it attracts sufficient number of bidders. The specification, while

maintaining the essential requirement of the user department, should not be

too restrictive or too lenient. Efforts should also be made to use standard

specifications which are widely known to the industry.


2.5.2. The specifications in terms of quality, type etc., as also quantity of goods to

be procured, should be clearly spelt out keeping in view the specific needs

of the user sections. The specifications so worked out should meet the basic

needs of the organization without including superfluous and non-essential

features, which may result in unwarranted expenditure. Care should also be

taken to avoid purchasing quantities in excess of requirement to avoid

unnecessary inventory carrying costs.

2.5.3. Specifications should call for new unused goods.

2.5.4. Specifications shall aim at the latest proven materials &technology and

procurement of obsolete goods/ shall not be made.

2.5.5. Specifications should have emphasis on factors like efficiency, suitability vis

a vis technical & functional requirements, use of environmental friendly

materials, low maintenance cost etc.

2.5.6. The specifications should also take care of the country’s mandatory and

statutory regulations, if any, applicable for the goods to be purchased.

2.5.7. Except in case of proprietary purchase from a selected single source, the

specification must not contain any brand name, make or catalogue no. of a

particular manufacturer and if the same is unavoidable due to some

compelling reasons, it should be followed by the words “or equivalent three

brands”.

2.5.8. Schedule of Requirement (SOR) The Schedule of Requirement (SOR) should be prepared meticulously and

it should be clearly indicated that what details are expected in the detailed

Bill of Material (BOM) for each SOR item. This issue should be specially

considered while dealing with projects having number of SOR items.The

specifications and the technical details should be expressed with proper

clarity without any ambiguity or double meaning. Wherever necessary, the

written specification should be supplemented with drawings for additional

clarity etc.

2.5.9. Deciding tender only on the basis of tender sample is too subjective.

Therefore, unless specifically decided due to some reasons duly recorded

with the approval of competent authority, tender sample clause shall not be

incorporated in the specification. If necessary, suitable stipulations for

submission of advance sample (before starting bulk production) by the

successful bidder may be incorporated in the specification.

2.6. Special Instructions to Bidders and Special Conditions of Contract

Competent authority may introduce additional instructions to bidders and

special commercial conditions of contract, as necessary. These special

conditions and/ or instructions shall constitute the Section- 4 B & 5 B of the

tender enquiry document as explained in Chapter 3.


2.7. Authorities competent to purchase goods and their Purchase Powers

2.7.1. The competency for purchase of goods required for use by the client/user

shall be in accordance with Schedule of Delegation of Financial Powers

issued by BSNL Corporate Office for procurement of services by BW unit,

following the general procedure contained in this manual.

2.7.2. The Board of Directors of BSNL has full powers for procurement of goods

and services.

2.7.3. A demand should not be split into small quantities for the sole purpose of

avoiding the necessity of taking approval of the higher authority required for

sanctioning the purchase of the original demand.

2.7.4. Amendment in any commercial condition of the contract may be with the

explicit approval of Management Committee of BSNL Board.

2.8. Check-List of Items in a Requisition for Procurement of Material

2.8.1. Information to be given by user section to BW unit along with requisition.

S.No. Item Status

(Y/N)

1 Details of items along with quantity

2 Administrative approval of competent authority

3 Concurrence from finance

4 Technical specification

This issues with the approval of PGM ( ) / GM ( )/ concerned head of User

Unit

(signature)

AGM ( )/ DGM ( )

User Section

2.8.2. Incomplete requisitions not containing above data will be returned forthwith.

2.8.3. This checklist duly filled in and approved by the concerned

PGM/GM/concerned head of User Unit should be signed by an officer not

lower than AGM and submitted along with the Requisition by concerned

User Section.


CHAPTER – 3

3. BID DOCUMENTS

3.1. Preparation of Tender Enquiry Document

3.1.1. A set of Standard Tender Enquiry Document has been prepared in line with

the purchase policy of BSNL. The broad procedures for tendering process

and contract management are available in Section-4 Part A and Section-5

Part A of this Standard Tender Enquiry Document. The officials handling

purchases must, at the outset, get themselves acquainted with the rules,

regulations, procedures etc. contained in these chapters. This standard

document should be utilized for preparing tender enquiry document while

incorporating specific requirements on case-to-case basis.

3.1.2. While formulating the tender enquiry document, care should be taken to

avoid contradictions among the stipulations incorporated in the document.

Duplications should also be avoided, except where duplication is

unavoidable and necessary.

3.1.3. The tender enquiry document should not contain any footnote or vague

stipulation, which may create confusion in the mind of the bidder.

3.2. Standard Tender Enquiry Document

3.2.1. The text of the Standard Tender Enquiry Document has been grouped under

different broad sections in order to streamline the purchase system and also

to make the system transparent, comprehensive, efficient and user-friendly.

The broad sections of the document are :

Section No. Item

1.Part A Detailed NIT

1. Part B Newspaper NIT

2. Tender Information

3 Part A Scope of work

3 Part B Technical Specifications/ Requirements

3 Part C Schedule of Quantities (SOQ)

4 Part A General Instructions to Bidders(GIB)

4 Part B Special Instructions to Bidders(SIB)

4 Part C E-tendering Instructions to Bidders (If applicable)

5 Part A General (Commercial) Conditions of Contract (GCC)

5 Part B Special (Commercial) Conditions of Contract (SCC)

5 Part C General Conditions of AMC ( If applicable)


6. Undertaking & declaration

7. Proforma (s)

8. Bidder’s profile & Questionnaire.

9. Bid Form & Price Schedule

3.2.2. A reading of the sections of the tender enquiry document, in the above order

will make it amply clear about the purpose and instructions behind the same.

However, some broad guidelines for using this document (viz. Standard

Tender Enquiry Document) are provided in the subsequent paragraphs.

3.3. Section-1–Detailed Notice Inviting Tender (DNIT) & Newspaper NIT

(NNIT)

3.3.1. The Detailed Notice Inviting Tender (DNIT) should contain:

Mode of tender i.e. whether online (e-Tendering) or offline i.e. Manual

Brief description of the goods and quantity

Eligibility conditions

Period and terms of delivery

Cost of the tender/ bidding document

Place(s) and timing of sale of tender documents

Place and deadline for receipt of tenders

Place, time & date for opening of tenders

Amount of Bid Security / Earnest Money Deposit

Any other important information

3.3.2. The Detailed Notice Inviting Tender (DNIT) shall be put in the format at Para

3.3.1 above on the Website of BSNL i.e. website of respective Circle and

provide a link to e-tendering portal.

3.3.3. After issue of NIT, eligibility conditions should not be changed.

3.4 Section 2-Tender Information

This section provides important information of the tender in respect of Tender

methodology, Type of Tender, Envelope system, Bid validity, Payment

terms, Delivery Schedule, consignee details etc.

3.5 Section 3- Scope of Work, Technical Specifications/Requirements and

SOR

3.5.1 Section 3, Part A under Chapter 4 provides information on Scope of Work.

3.5.2 Section 3 Part B – under Chapter 4 provides Technical

specifications/Requirements.

3.5.2.1 Aspects to be considered while framing the Technical Requirements and

Specifications are mentioned in the previous chapter in Para2.5.

3.5.2.2 There shall be no change in specifications once tender has been opened.


Purchase orders and supplies shall be strictly as per the specifications laid

down in the tender. Delivery period extension for purchase order, if

considered, shall also be with the same specification as given in tender.

Any change in specifications after issue of tender shall be applicable to

subsequent tenders only.

3.6 Section-4 Part A General Instructions to Bidders (GIB)

This section provides all the necessary information as well as guidance to

the prospective bidders for preparation and submission of their bids. In

addition, this section informs the bidders about the tender opening procedure

and also how the bids will be scrutinized, evaluated and ranked to decide the

lowest evaluated responsive bid for placement of the contract. This section

is to be included unchanged in every tender enquiry document. However, for

every purchase case, there will be distinct purchase specific information and

data, which are to be made known to the prospective bidders. Such needs

are to be taken care of in Section 4 Part B–‘Special Instructions to Bidders’

as elaborated in the subsequent paragraphs.

3.7 Section-4 Part B - Special Instructions to Bidders(SIB)

3.7.1 The issues and the areas for which specific data/ details are to be provided

for a purchase case can be located easily by going through the clauses of

the General Instructions to Bidders (GIB) under Section-4 Part A. Further,

for certain aspects of a particular purchase case, necessity may arise to

incorporate additional special instructions. These include clauses for

eligibility conditions, value of bid security, single-stage or two-stage bidding,

opening stages, additional documents to be submitted, evaluation criteria,

etc. However, while doing so, care should be taken not to violate any

instruction/ directive contained in the procurement policies of BSNL.

3.7.2 The approval of the competent authority must be taken for the text of the

Special Instructions to Bidders and Eligibility Conditions.

3.7.3 The guidelines for preparing section-4-B (SIB) along with corresponding

cross-reference with Section-4 A (GIB) provision is available in this section.

It is also indicated therein that the provisions in the Special Instructions to

Bidders and Eligibility Conditions (SIB) shall supersede the corresponding

provisions in the General Instructions to Bidders (GIB) in case of conflict.

3.7.4 Section-4-B (SIB) shall essentially have suitable clauses on the following:

3.7.4.1 Eligible Bidders (refer GIB clause 2):

The eligibility conditions shall be mentioned in the Section-4-B clause 1.

Broad guidelines for preparing eligibility conditions are mentioned in

Chapter 2.


3.7.4.2 Bid Security (refer GIB clause 12):

The value of Bid Security (EMD/ EMBG) should be specified in Section-4-

B. In case there is more than one package in the tender, each having a

separate Bid Security, then the Bid Security for each package should be

clearly mentioned.

3.7.5 In addition to above, Section-4 B may also have clauses on the following

items/ topics which may complement/ supersede the corresponding

clauses of Section-4 Part A (GIB). The list is not exhaustive and actual

clauses have to be framed on case-to-case basis.

3.7.5.1 Clarification of Bid Documents (refer GIB clause 5):

Depending on the time allowed for submission of tender, nature of the

goods, urgency of requirement etc., the cut-off time for receiving and

processing requests from the prospective bidders may be shorter or

longer than twenty one days. The principle behind providing such cut-off

date is to disallow the bidders in raising irrelevant queries up to the last

moment before tender opening thereby delaying the opening of tenders.

3.7.5.2 Documents Comprising the Bid (refer GIB clause 7):

If the goods required are highly sophisticated and costly, the purchaser

may need some more documents from the bidders along with their

tenders. In such a case, requirement of those special documents is also

to be incorporated in Section-4-B.

3.7.5.3 Bid Prices (refer GIB clause 9):

This is an important area and due care should be taken for formulating

this clause depending on the nature of the goods, requirement of

incidental service, terms of delivery etc.

3.7.5.4 The best terms of delivery, so far as the purchaser is concerned is CIP

destination, wherein the goods are received by the purchaser at the

desired place as incorporated in the tender enquiry document.

3.7.5.5 Documents Establishing Bidder’s Eligibility and Qualifications (refer GIB

Clause 10):

In order to establish the eligibility and fulfillment of the qualification criteria,

some documents in addition to those mentioned in GIB clause 10 might

be required. Such documents should be specified in Section-4-B (SIB).

These may include experience certificates, authorization from the

technology partner, MOU, etc.

3.7.5.6 Sealing and Signing of Bid (refer GIB clause 14) and Opening of Bids by

Purchaser (refer GIB clause 19):

In case of two bid system, at the first stage, only the technical bids will be

opened and evaluated by the techno-commercial evaluation committee/

authority. Financial bids of only techno-commercially acceptable offers

shall be opened at the second stage.

3.7.5.7 Additional factors to be considered for evaluation of tender (refer GIB sub-

clause 21.3):


Generally, for purchase of standard goods for normal use, no such

additional factor may be needed. However, for purchase of highly

sophisticated and costly equipment, where the operating cost,

maintenance cost, efficiency and productivity of the equipment have

significant impact on the overall cost structure and economy for operating

the equipment, suitable parameters may be incorporated in the tender

document for evaluation of the tenders on equitable basis by considering

the monetary impacts for such parameters. Such details should be

formulated by qualified and competent personnel and incorporated in the

document with the approval of the competent authority.

3.8 Section-5 Part A - General (Commercial)Conditions of Contract(GCC) This section provides the general rules, regulations and conditions which will guide the resultant contract. This section is to be incorporated unchanged in the tender enquiry document. However, here also, there may be some purchase specific contractual conditions, which are to be suitably incorporated in the tender enquiry documents. Such special conditions are to be included in Section 5-B - ‘Special (Commercial) Conditions of Contract’ and Section 3-Part B–‘Technical Specifications’ as elaborated in following paragraphs.

3.9 Section-5-B - Special (Commercial) Conditions of Contract (SCC)

3.9.1 The areas of the General (Commercial) Conditions of Contract (GCC), in

which specific data/ details are to be provided and/or which need

modification to take care of special situations for a particular purchase

case can easily be located by going through the GCC clauses. However,

while doing so, it should be ensured that such modifications remain within

the framework of the procurement policies of BSNL.

3.9.2 The approval of the Tender accepting authority must be taken while

framing such details and before incorporating the same in the Special

(Commercial) Conditions of Contract (SCC).

3.9.3 The guidelines for preparing Section-5-Part B (SCC) along with

corresponding cross-reference with Section-5 Part A (GCC) provision is

available in this section. As also indicated therein, the provisions in the

Special (Commercial) Conditionsof Contract (SCC) will supersede the

corresponding provisions in the General (Commercial) Conditions of

Contract (GCC) in case of conflict.

3.9.4 Section-5-B may have clauses on the following items/ topics which may

complement/ supersede the corresponding clauses of Section-5 Part A

(GCC).The list is not exhaustive and actual clauses have to be framed on

case-to-case basis.

3.9.4.1 Delivery and Documents (refer GCC clause 6):

The delivery period will be decided on case-to-case basis considering

requirements of BSNL in the competitive environment. Early


deliveries may be accepted as per requirement of BSNL on case-to-

case basis.

In turnkey projects where Installation and Commissioning is to be

carried out by the supplier, the time-lines for such activities should

also be defined.

3.9.4.2 Incidental Services (refer GCC clause 8):

Requirement of such services will depend on the nature of the goods,

cost thereof etc. Some of the services will be needed along with the

goods and some may be needed separately (like maintenance service).

All such aspects are to be kept in view while formulating the requirement

of the incidental services.

3.9.4.3 Warranty(refer GCC clause 10):

For turnkey projects or high value procurements, the Warranty terms

may have to be elaborated keeping in view the actual project

requirements the date of commencement of the Warranty should be

clearly specified in the SCC.

Suitable Clause may be incorporated in the Special (Commercial)

Conditions of Contract, fixing reasonable timeframe to start warranty

of the goods/equipment after it has been put to use. This will be

treated as date of commissioning for the purpose of release of

payment and calculation of liquidated damages.

3.9.4.4 Payment Terms (refer GCC clause 11):

The terms and mode of payment will depend on the milestones

defined here which may again depend upon nature of the goods,

terms of delivery, requirement of incidental services, etc.

The documents needed for effecting the payments are also to be

specified accordingly.

3.9.4.5 Liquidated Damages (LD) (refer GCC clause 16):

The LD defined in Section-5 Part A (GCC) is only for the delay in supply

of goods. However, if the contract involves services such as Installation,

commissioning, etc., then the penalties applicable, when there is delay

in executing such services, should be mentioned in Section-5 Part B

(SCC).

3.10 Section 9 – Price Schedule

There are two price schedules, Part-A and Part–B for indigenous and

imported items respectively, which are self-explanatory.

3.11 Pre-bid clarifications and amendments in the tender document

3.11.1 After issue of tender document, a number of queries are sometimes received

and pre-bid clarifications are issued by BSNL. Sometimes, the same clause

gets clarified in contradictory manner against different clarifications.


Sometimes the original clause gets amended but the language of new clause

is not clear as the clarification is replied simply as “Yes please” or “agreed”

or “accepted”. During evaluation and subsequently while preparing special

conditions for issue of APO/ PO, lot of difficulty is faced. In this regard, the

clarifications issued should be unambiguous and if any clause is getting

modified, then the amended clause should be stated in proper language.

3.11.2 When a large number of clarifications have been issued resulting in number

of changes in the tender clauses, then after issue of the pre-bid clarification,

BSNL should issue the updated tender document incorporating all the

relevant clarifications and amended clauses just below the original clause.

If printing of the amended document may not be possible due to time

constraint, then it should be uploaded on BSNL Website/ electronic tender

portal. In such cases, the bidders should be asked to submit the clause-by-

clause compliance of this amended tender document only and for

evaluation, the competent authority should rely only on the amended

document.


CHAPTER– 4

STANDARD TENDER ENQUIRY DOCUMENT

SECTION-1



...

From: To,

(Designation and address of authority inviting

tender).................................................

.................................................

No. ……… Dated:

Sub: - Tender documents for ………………

Tender No.: issued on ………

Please find enclosed the tender document in respect of above mentioned tender

which contains the following.

Section No. Item Page No.

1.Part A Detailed NIT

1. Part B Newspaper NIT

2. Tender Information

3 Part A Scope of work

3 Part B Technical Specifications/ Requirements

3 Part C Schedule of Requirements(SOR)

4 Part A General Instructions to Bidders(GIB)

4 Part B Special Instructions to Bidders(SIB)

4 Part C E-tendering Instructions to Bidders (If applicable)

5 Part A General (Commercial) Conditions of Contract

(GCC)

5 Part B Special (Commercial) Conditions of Contract (SCC)

6 Undertaking & declaration

7 Proforma (s)

8 Bidder’s profile & Questionnaire.

9 Bid Form & Price Schedule


If interested, kindly submit your bid offers online (in case of tenders invited through

e-tendering portal) or physically (in case of tenders invited through manual

tendering) on or before date & time specified in Clause 6 of detailed NIT.

Designation of authority inviting tender

Tel.:

E-Mail:

----------------------------------------------------------------------------------------------------------------------------- ---------

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

http://www.bsnl.co.in/


SECTION – 1 Part A

Detailed NOTICE INVITING E-TENDER (DNIT)



…..

Sealed Tenders (Digitally in case of e-tendering & Wax/ Tape sealed in case of

manual tendering) are invited by …………………………………………..………….

(Write Designation of Officer approving inviting of tender) e.g. E.E on behalf of CMD,

BSNL for supply of following Items or undertaking following works (as applicable).

S. No. Name of the

Item/ Work

Estimated Cost

Bid

Security/Earnest

Money

Deposit Amount

for the tender

Cost of Bid

Document

Note 1: 25 % of the Estimated Quantity/requirement in this tender Enquiry is

earmarked for procurement from the eligible Micro & Small Enterprises

(MSEs).However, in case eligible Micro & Small Enterprises (MSEs) bidder(s)

are not available then this quantity would be de-reserved & procured from

participating bidders.

(Note-1shall be deleted in case the tender does not have provision for reservations

for MSE units)

2. Purchase of Tender Document: Tender document can be obtained by

downloading it from the website ……………….…….. (write address of

concerned website) e.g. “www.bsnl.co.in” following “Link for E-tenders by

BSNL” in case of tenders invited through e-tendering process.

Tenders invited through manual bidding process shall be available

at ….…..…… (write address of office) e.g. “www.bsnl.co.in”.

2.1 The bidders downloading the tender document are required to submit the

tender fee amount through DD/ Banker’s cheque along with their tender bid

failing which the tender bid shall be left archived unopened/ rejected.

The DD/ banker’s cheque shall be drawn from any Nationalized/ Scheduled

Bank in favour of ………………..………(state designation of concerned

Accounts Officer) e.g. “AO(Cash), BSNL, C.O. N. Delhi” and payable

at ………….………….…. (state the name of the concerned payable City/

Station) e.g. “New Delhi”.




2.2 The tender documents shall be issued free of cost to MSE bidders on

production of requisite proof in respect of valid certification from MSME for

the tendered item.

3.0 Availability of Tender Document: The tender document shall be available

for downloading from …./ …../ 20…. (write date in dd/mm/yyyy) onwards up

to …./ …../ 20…. (write date in dd/mm/yyyy) from 11-00 Hrs to 17-00 Hrs on

all working days of this office.

3.1 In case of tenders invited through e-tendering process, physical copy of the

tender document would not be available for sale.

3.2 Tenders invited through manual bidding process shall be available for sale

and can be had from ……………………..………. (state designation of the

officer with complete postal address) e.g. “” against payment of Tender fee of

Rs……../- which will be payable in the form and in the name of person stated

in clause 2.1 above.

Note 2: The Tender document shall not be available for download on its submission

/ closing date.

4. Eligibility Criteria: - The bidder should have

a) <ELIGIBILITY CONDITIONS TO BE MENTIONED

HERE> ………………………….

b) Valid PAN No.

c) Valid GST Registration Certificate No. or exemption certificate No if

any.

4.1 The bidders shall submit necessary documentary proof showing that they

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

will also be self-attested by the bidder.

5. Bid Security/EMD:

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

(a) Demand Draft/ Banker’s cheque drawn in favour of ……………….…

(State Designation of concerned Accounts Officer) e.g. “AO (Cash),

BSNL, C.O. N. Delhi” and payable at ……………. (State the name of

the concerned payable City) e.g. “New Delhi” either separately for

each package or total for all no. of packages participated.

b) Bank Guarantee from a scheduled bank drawn in favour

of………………. (State Designation of concerned officer ) e.g. ‘DGM

(MMT), Bharat Sanchar Nigam Limited, Corporate Office, New Delhi

which should be valid for ……… days (i.e. one month beyondthe offer

validity period subject to maximum of 210 days) from the tender

opening date, separately for each package participated.


5.2 The MSE units shall be exempted from submission of Bid Security deposit on

production of requisite proof in respect of valid certification from MSME for the

tendered item.

6. Date & Time of Submission of Tender bids: on or before ………….

& …… …….… (state time & date of receipt of tender) e.g. “hh: mm of

dd/mm/20 yy”.

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

the date of submission (opening) of bid will get shifted automatically to

next working day at the same scheduled time. Any change in bid opening

date due to any other unavoidable reason will be intimated to all the

bidders separately.

7. Opening of Tender Bids:Tender bid shall be opened after 30 minutes of

thetender closing time & on the same date.

8. Place of opening of Tender bids:

8.1 In case of tenders invited through e-tendering process, the tenders shall be

opened through ‘Public Online Tender Opening Event (POTOE)’. BSNL’s

Tender Opening Officers as well as authorized representatives of bidders

can attend the Public Online Tender Opening Event (TOE) from the comfort

of their offices. Kindly refer clause 8 of Section-4 Part C of Tender document

for further instructions.

8.2 In addition & in case of tenders invited through manual bidding process,

authorized representatives of bidders (i.e. vendor organization) can attend

the TOE at the …………………(state address of the tender opening place)

e.g. “Meeting Room, 2nd Floor, Bharat Sanchar Bhawan, Janpath, New

Delhi”, where BSNL’s Tender

Opening Officers would be conducting Public Online or manual Tender

Opening Event (TOE).

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

10. Incomplete, ambiguous, Conditional, unsealed tender bids are liable to be

rejected.

11. ………………………………………… (Write the Designation of Officer

approving inviting of tender) e.g. “CMD, BSNL” reserves the right to accept

or reject any or all tender bids without assigning any reason. He is not bound

to accept the lowest tender.

12. The bidder shall furnish a declaration in his tender bid that no addition /

deletion / corrections have been made in the downloaded tender document

being submitted and it is identical to the tender document appearing on the

website.


12.1In case of any correction/ addition/ alteration/ omission in the tender document,

the tender bid shall be treated as nonresponsive 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 signed/ attested by the

bidder/ vendor organization.


SECTION- 2

Tender Information

Note 1:-The Tender Information below is for reference only. Precise Tender

Information need be framed for each tender as per type of tender.

1. Type of tender- :

a) No. of Bid Submission Stages for tender: Single /Two Stage.

(Please See Note-2).

b) No. of Envelopes for submission of Bids: Single / Two Nos.

(Opening stages) (Please See Note-3).

c) E-reverse auction (In case of tenders : Yes / No

invited through e-tendering only)

Note 2: Two stage submission of bids is desirable only in cases where there is

doubt on the scope of Work/ Specifications and requirements. In such tender,

first stage will be used to invite bids to have details/ clarifications on scope

of Work/ Specifications and requirements to firm up the same following which

techno-commercial bid along with financial bid shall be invited in 2nd stage.

Note 3:- In both cases of 1(b) above, the bidder shall submit Techno-commercial &

Financial bid simultaneously

Note 4:- The bids will be evaluated techno-commercially first and thereafter

financial bids of techno-commercially compliant bidders only shall be opened.

Note-5:-For e-reverse auction bidding event, elimination of H-1 bidder (bidder

who has been evaluated as highest quoting bidder in sealed financial

bidding stage) shall be followed, subject to following conditions:

i) If the total quantity of the tendered item is to be awarded amongst ‘N’

bidders( to be declared in tender), then elimination of H-1 shall not be

applicable if there are N+1 or less techno-commercial responsive

bidders (whose financial bids are opened).

In other words, H-1 bidder shall be eliminated from e-reverse auction

bidding event only if there are N+2 or more techno-commercial

responsive bidders (whose financial bids are opened).

For example, if the total quantity of tendered item is to be distributed

amongst 3 bidders (N=3), then elimination of H-1 bidder will be adopted

only if number of techno-commercial responsive bidders (whose

financial bids are opened) is 5 or more (greater than or equal to N+2).

ii) However, in any case no bidder (including MSE bidders) shall be

eliminated from e-reverse auction bidding event, if there are three (3)

or less techno-commercial responsive bidders (whose financial bids

are opened).

iii) In case of MSE bidder(s), if the MSE bidder(s) happens to be the H-1

bidder but falls within price band of L-1+15%, during evaluation of

sealed financial bids, then such MSE bidder shall not be eliminated

from e-reverse auction bidding event.


2. Bid Validity Period / …………….days (Specify time in days) from the

Validity of bid Offer tender opening date.

3. In case of tenders invited under two envelopes system, the first envelope will

be named as techno-commercial& will contain documents of bidder’s

satisfying the eligibility / Technical & commercial conditions and 2nd envelope

will be named as financial envelope containing financial quote. These

envelopes shall contain one set of the following documents :-

a) Techno-commercial envelope shall contain :-

i) EMD

ii) Cost of the tender documents i.e. tender fee.

iii) Certificate(s) showing fulfillment of the eligibility criteria(s)

stated in Clause 4 of the DNIT

iv) Power of Attorney& authorization for executing the power of

Attorney in accordance with clause 14.4 of Section 4 Part A

v) Integrity Pact (if applicable)

vi) Clause by clause compliance as per clause 11.2 of Section-4A vii) Bidder’s Profile & Questionnaire duly filled & signed. viii) Non-Relation Certificate duly filled & signed. ix) Undertaking & declaration duly filled & signed x) Documents stated in clause 10 of Section-4 Part A. xi) Tender documents duly signed at the end of each section for

having read it & accepted it (only in case of Manual bidding Process).

xii) Tender/ Bid form- Section 9 Part A xiii) Electronic Form- Technical (in case of tenders invited through

e-tendering process) b) Financial envelope shall contain:

i) Electronic Form- financial along with Price Schedule (Section 9 Part–B (I) with all relevant bid annexure (in case of tenders invited through e-tendering process).

ii) Bid form- Price Schedule (Section 9 Part –B (I) duly filled & signed (in case of tenders invited through manual bidding process).

Note 6:- In case of e-tendering, the following documents are required to be submitted offline (i.e. offline submissions) to …………………………………………… (state the address of the concerned officer)e.g. EE, BSNL, --, (Name of place) on or before the date & time of submission of bids in a sealed envelope.

The envelope shall bear the tender number, name of work and the phrase: “Do Not Open Before (due date & time of opening of tender). i) EMD – Bid security (original copy) ii) DD/ Banker’s cheque of Tender fee iii) Power of Attorney in accordance with clause 14.4 of section 4 Part A

and authorization for executing the power of Attorney. iv) Integrity Pact (if applicable)


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

5. Payment terms

6. Delivery Schedule Note 7:-The period of delivery schedule to be specified by tender inviting authority.

SECTION- 3 Part A

SCOPE OF WORK

A. General :

B. Scope of Work:


SECTION- 3 Part B

TECHNICAL SPECIFICATIONS/ Requirements

A. General :

B. Technical specifications: The equipment/ goods/ services shall conform to

the Technical specifications as mentioned below :

(Specifications to be referred to/ inserted)

Note 1: Clauses for describing the technical requirements, model technical

Specifications may be added as per requirement.

Note 2: After the issue of DNIT, Specifications should not be changed.


SECTION-3 Part C

SCHEDULE OF QUANTITIES (SOQ)

S.NO. GOODS/ SERVICES QUANTITY Unit of

Measurement

(Km/kg/No.etc.)


SECTION-4 Part A

GENERAL INSTRUCTIONS TO BIDDERS (GIB)

1.0 DEFINITIONS

(a) "The Purchaser" means the Bharat Sanchar Nigam Ltd. (BSNL), 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 under the contract.

(d) "The Goods" means all the equipment, machinery, and/or other materials

which the Supplier is required to supply to the Purchaser under the contract.

(e) "The Advance Purchase Order" or “Letter of Intent” means the intention

of Purchaser to place the Purchase Order on the bidder.

(f) "The Purchase Order" means the order placed by the Purchaser on the

Supplier signed by the Purchaser including all attachments and appendices

thereto and all documents incorporated by reference therein. The purchase

order shall be deemed as "Contract" appearing in the document.

(g) "The Contract Price" means the price payable to the Supplier under the

purchase order for the full and proper performance of its contractual

obligations.

(j) “Successful Bidder(s)” means the bidder(s) to whom work in this tender is

awarded.

(k) “Item Rate Tender” is one wherein the bidder is required to quote rate of

each item of schedule of quantities (SOQ).

(l) “Percentage Rate Tender” is one wherein the bidder is required to quote a

percentage above/below the total estimated cost of work.

2.0 ELIGIBILITY CONDITIONS:

2.1 Kindly refer to clause 4 of Section – 1 i.e. Detailed NIT.

3.0 COST OF BIDDING

3.1 The bidder shall bear all costs associated with the preparation and submission of

the bid. The Purchaser will, in no case, be responsible or liable for these costs,

regardless of the conduct or outcome of the bidding process.

4.0 DOCUMENTS REQUIRED

4.1 The goods required to be supplied; bidding procedures and contract terms

and conditions are prescribed in the Bid Documents. The contents of the Bid

documents are specified in the covering letter.

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


specifications in the Bid Documents and clarifications/ amendments/

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

Documents or submission of the bids not substantially responsive to the Bid

Documents in every respect will be at the bidder's risk and may result in

rejection of the bid.

5.0 CLARIFICATION OF BID DOCUMENTS

5.1. A prospective bidder, requiring any clarification on the Bid Documents shall

notify the Purchaser in writing by FAX or by Email of the Purchaser as

indicated in the invitation of Bid. The Purchaser shall respond in writing to

any request for the clarification of the Bid Documents, which it receives

7days prior to the date of opening of the Tenders. Copies of the query

(without identifying the source) and clarifications by the Purchaser shall be

sent to all the prospective bidders who have received the bid documents.

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

bidders shall form an integral part of bid documents and shall amount to an

amendment of the relevant clauses of the bid documents.

6.0 AMENDMENT OF BID DOCUMENTS

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

response to a clarification requested by a prospective bidder, may modify bid

documents by amendments prior to the date of submission of Bids with due

notification to prospective bidders.

6.2 The amendments shall be notified in writing by FAX or Email or by

Addendum through e-tendering portal ( for tenders invited through e-

tendering process)to all prospective bidders on the address intimated at the

time of purchase of the bid document from the purchaser and these

amendments will be binding on them.

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

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

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

7.0 DOCUMENTS COMPRISING THE BID

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

components:

(a) Documentary evidence establishing that the bidder is eligible to bid and is qualified to perform the contract if its bid is accepted in accordance with the clause 2 & 10.

(b) Bid Security furnished in accordance with clause 12.

(c) A Clause by Clause compliance as per clause 11.2 (c)

(d) A Bid form and price schedule completed in accordance with clause 8 & 9.


8.0 BID FORM

8.1 The bidder shall complete the bid form and appropriate Price Schedule

furnished in the Bid Documents, indicating the goods to be supplied, brief

description of the goods, quantity and prices as per section- 9.

9.0 BID PRICES

9.1 The bidder shall give the total composite price inclusive of all Levies & Taxes

i.e. GST and other applicable taxes, packing, forwarding, freight and

insurance etc. but excluding Octroi/ Entry Tax which will be paid extra at

actual, wherever applicable. The basic unit price and all other components

of the price need to be individually indicated up to two decimal points only

against the goods it proposes to supply under the contract as per the price

schedule given in Section 9 Part B(I&II). Prices of incidental services should

also be quoted. The offer shall be firm in Indian Rupees. No Foreign

exchange will be made available by the purchaser.

9.2 Prices indicated in the Price Schedule shall be entered in the following

manner:

(a) The Unit price inclusive of all taxes including GST already paid or payable

by the supplier shall be quoted separately item wise.

(b) The supplier shall quote as per price schedule given in Section 9 partB

for all the items given in schedule of quantities at Section 3 part C.

9.3 A bid submitted with an adjustable price quotation will be treated as non-

responsive and rejected.

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

Purchaser to arrive at the price of goods offered.

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

specifically indicated in the price schedule. Bidders desiring to offer discount

shall therefore modify their offers suitably while quoting and shall quote

clearly net price taking all such factors like Discount, free supply, etc. into

account".

9.6 The price approved by BSNL for procurement will be inclusive of GST and

all other applicable taxes as mentioned in clause 9.1 subject to other terms

and condition as stipulated in clause 22.2 of Section 4 Part A. and clause 11

of Sec-5 Part A of Bid-document. Unloading charges at the consignee end

shall be borne by the supplier and no separate charges shall be paid for

transportation to individual sites/locations for installation.

10.0 DOCUMENTS ESTABLISHINGBIDDER'S ELIGIBILITY AND

QUALIFICATION

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

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

terms and conditions of Bid Documents.


a) Valid MSE Certificate, if applicable. In case the ownership of such MSE

Entrepreneurs happens to be from SC/ST category, proof in this regard

also need to be submitted.

b) Additional documents to establish the eligibility and qualification of bidder

as specified in Section-I and Section-4 Part B.

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).

d) Deleted

e) If applicable,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.

f) Certificates from all Directors of the bidder stating that none of their near

relatives are working in BSNL in accordance with clause 34.

g) Certificate of incorporation.

h) Article or Memorandum of Association or partnership deed or

proprietorship deed as the case may be.

i) 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.

Note 1: Documents at S. No 10.1(e) and (i), are applicable in case of tenders with

estimated cost more than Rs 1 Crore.

10 .2 Documentary evidence for financial and technical capability

a) The bidder shall furnish audited Annual Report and /or a certificate from

its bankers to assess its solvency/financial capability.

b) The bidder shall furnish documentary evidence about technical and

production capability necessary to perform the contract.

10.3 The offered product has to be sample approved. For this purpose, the

supplier shall submit a sample type for evaluation. The sample would be

evaluated for its ability to meet the technical specifications, manufacturability,

reliability, testability, ease of installation, maintainability etc. Necessary

documents to substantiate these attributes will have to be submitted at the

time of application for approval by the supplier for obtaining sample approval..

10.4 A signed undertaking from Authorized Signatory of the bidder that shall certify

that all components/ parts/ used in the goods shall be original, new

components/ parts/ and that no refurbished/ duplicate/ second hand

components/ parts are being used or shall be used.


11.0 DOCUMENTS ESTABLISHING GOODS’ CONFORMITY TO BID

DOCUMENTS

11.1 Pursuant to clause 7, the bidder shall furnish, as part of its bid, documents

establishing the conformity of its bid to the Bid Documents of all goods and

services which he proposes to supply under the contract.

11.2 The documentary evidences of the "goods and services" conformity to the

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

bidder shall furnish:

(a) a detailed description of goods with essential technical and

performance characteristics;

(b) a list, giving full particulars including available sources and current

prices of all spare parts, special tools, etc., necessary for the proper

and continuous functioning of the goods for a period of one year

following commencement of use of the goods by the purchaser, and

(c) a clause-by-clause compliance on the purchaser's Technical

Specifications and Commercial Conditions demonstrating substantial

responsiveness to the Technical Specifications and Commercial

Conditions.. 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,

shall not be considered.

11.3 For the purpose of compliance to be furnished pursuant to the clause11.2(c)

above, the bidder shall note that the standards for the workmanship, material

and equipment and reference to the brand names or catalogue number,

designated by the Purchaser in its Technical specifications are intended to

be descriptive only and not restrictive.

12.0 BID SECURITY / EMD

12.1 The bidder shall furnish, as part of its bid, a bid security as mentioned in

Section-1(DNIT).

12.2 The MSE bidders are exempted from payment of bid security:

a) A proof regarding valid registration with body specified by Ministry of

Micro, Small & Medium Enterprise for the tendered items will have to be

attached along with the bid.

b) The enlistment certificate issued by MSME should be valid on the date

of opening of tender.

c) MSE unit is required to submit its monthly delivery schedule.

d) If a vender registered with body specified by Ministry of Micro, Small

&Medium Enterprise claiming concessional benefits is awarded work by

BSNL and subsequently fails to obey any of the contractual obligations,

he will be debarred from any further work/ contract by BSNL for one year

from the date of issue of such order.


12.3 The bid security is required to protect the purchaser against the risk of

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

to Para 12.7.

12.4. A bid not secured in accordance with Para 12.1 & 12.2 shall be rejected by

the Purchaser being non-responsive at the bid opening stage and archived

unopened on e-tender portal for e-tenders and returned to the bidder

unopened(for manual bidding process)

12.5 The bid security of the unsuccessful bidder will be discharged/returned as

promptly as possible and within 30 days of finalization of the tender or expiry

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

to clause 13.

12.6 The successful bidder's bid security will be discharged upon the bidder's

acceptance of the advance purchase order satisfactorily in accordance with

clause 27 and furnishing the performance security.

12.7 The bid security may be forfeited:

a) If the bidder withdraws or amends its bid or impairs or derogates from

the bid in any respect during the period of bid validity specified by the

bidder in the bid form or extended subsequently; or

b) If the bidder does not accept the APO/ AWO and/ or does not submit

PBG & sign the contract/ agreement in accordance with clause 28.

Note:-The bidder shall mean individual company/ firm or the front bidder and its

technology partner, as applicable.

13.0 PERIOD OF VALIDITY OF BIDS

13 .1 Bid shall remain valid for period specified in clause 2 of Tender Information.

A bid valid for a shorter period shall be rejected by the purchaser being non-

responsive.

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

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

response thereto shall be made in writing. The bid security provided under

clause 12 shall also be suitably extended. The bidder may refuse the request

without forfeiting its bid security. A bidder accepting the request and granting

extension will not be permitted to modify its bid.


14.0 FORMAT AND SIGNING OF BID

14.1. The bidder shall submit his bid, online (in case of e-tendering) & through

sealed envelopes physically (in case of tenders with manual bidding

process), complying all eligibility conditions, other terms and conditions of

tender document to be read along with the clarifications and amendments

issued in this respect. All the documents must be authenticated, using Digital

Signature (in case of e-tendering) & by hand signatures (for manual bidding

process), by the authorized person. The letter of authorization shall be

indicated by written power-of-attorney accompanying the bid.

Note:-The Purchaser may ask the bidder(s) to supply, besides original bid,

additional copy of bids as required by him.

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

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

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

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

digitally signed by the person or persons signing the bid.

14.3 Power of Attorney

(a) The power of Attorney should be submitted and executed on the non-

judicial stamp paper of appropriate value as prevailing in the concerned

states(s) and the same be attested by a Notary public or registered

before Sub-registrar of the state(s) concerned.

(b) The power of Attorney be executed by a person who has been

authorized by the Board of Directors of the bidder in this regard, on

behalf of the Company/ institution/ Body corporate.

(c) In case of the bidder being a firm, the said Power of Attorney should be

executed by all the partner(s) in favour of the said Attorney.

(d) Attestation of the specimen signatures of authorized signatory by the

Company’s/ firm’s bankers shall be furnished. Name, designation,

Phone number, mobile number, email address and postal address of

the authorized signatory shall be provided.

15.0 SEALING AND MARKING OF BIDS

15.1 The bid should be submitted as per Clause 3 of tender information.

15.1.1 The bids may be called under

(a) Single stage bidding & Single envelope system OR

(b)Single Stage Bidding & Two Envelope System

The details of sealing & marking of bids in each case is given below:

15.1.2 In Single stage bidding & single envelope system, the bidder shall submit

all the documents specified for Techno-commercial bid & Financial bid in a

single envelope. The cover shall contain the ‘Original Copy’ of the bids

subject to clause 14.2. The envelope should be sealed.

15.1.3 In Single stage bidding & two envelopes system, the bidder shall submit his


bid in two envelopes;

The First envelope will be named as Techno-commercial bid. This envelope will contain documents of bidder’s satisfying the eligibility / Technical & commercial conditions as per clause 2 & 10 with Bid Security as per Clause 12. Second envelope will be named as Financial bid containing Price Schedules as per Section 9 Part B (I&II).

The cover of first envelope shall contain the ‘Original Copy’ of the Techno-commercial bid, subject to clause 14.2, duly marked ' TECHNO-COMMERCIAL BID '. The cover of second envelope shall contain the ‘Original Copy’ of the financial bid, subject to clause 14.2, duly marked ' FINANCIAL BID '.

Both the envelopes should be sealed separately and further kept in a single main envelope under the personal seal of the bidder.

15.2 a) The envelopes shall be addressed to the authority/purchaser inviting the

tender as under

Designation and complete address

b) The envelope shall bear the name of the tender, the tender number and the

words 'DO NOT OPEN BEFORE' (due date & time).

c) The inner and outer envelopes shall indicate the name and complete postal

address of the bidder to enable the purchaser to return the bid unopened in

case it is declared to be received 'late'.

d) Tender should be deposited in the tender box provided by tendering authority

or sent by registered post or delivered in person on above mentioned

address (address is given in Clause 15.2 (a) above). The responsibility for

ensuring that the tenders are delivered in time would vest with the bidder.

e) Bids delivered in person on the day of tender opening shall be delivered upto

specified time & date as stated in NIT to Authority inviting the tenders at the

venue {address is given in clause 15.2 (a) above)}. The purchaser shall not

be responsible if the bids are delivered elsewhere.

f) Venue of Tender Opening:

The venue of tender opening is as under:

(Address of Venue)

15.3 If both the envelopes are not sealed and marked as required at para 15.1

and 15.2, the bid shall be rejected.

16. 0 SUBMISSION OF BIDS

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

time indicated in Clause 6 of Section-I i.e. DNIT.

16.2 The Purchaser may, at its discretion, extend this deadline for the submission

of bids by amending the Bid Documents in accordance with clause 6 in

which case all rights and obligations of the purchaser and bidders previously

subject to the deadline will thereafter be subjected to the extended deadline.

16.3 The bidder shall submit its bid offer against a set of bid documents purchased


by him for all or some of the systems/ equipment as per requirement of the

Bid Documents. He may include alternate offer, if permissible as per the bid.

However, not more than one independent and complete offer shall be

permitted from the bidder.

17.0 LATE BIDS

17.1 No bid shall be accepted either online by E-Tender Portal or physically in

case of manual bidding process after the specified deadline for submission

of bids prescribed by the purchaser.

18. MODIFICATION AND WITHDRAWAL OF BIDS

18 .1 The bidder may modify, revise or withdraw his bid after submission prior to

deadline prescribed for submission of bid.

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

digitally authenticated (in case of e-tendering) & physically (in case of

manual bidding process) as per clause 15.

18.3 Subject to clause 20, no bid shall be modified subsequent to the deadline for

submission of bids.

19.0 OPENING OF BIDS BY PURCHASER

19.1 The purchaser shall open bids online (in case of e-Tenders) or physically (in

case of manual bidding process) in the presence of the authorized

representatives of bidders online (in case of e-Tenders) or physically present

(in case of e-Tenders as well as manual bidding process) who choose to

attend, at time & date specified in Clause 7 of D NIT (Section-1) on due date.

The bidder's representatives, who are present, shall sign in an attendance

register. Authority letter to this effect shall be submitted by the authorized

representatives of bidders before they are allowed to participate in bid

opening (A Format is given in enclosed in Section-7 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 Authority

(i) In Single stage bidding & single envelope system; techno-commercial

bid & financial Bid will be opened on the date of tender opening given

in NIT.

(ii) In Single stage bidding & two envelopes system; the bids will be opened

in 2 stages i.e. the techno-commercial bid shall be opened on the date

of tender opening given in NIT. The financial bid will not be opened on

the Date of opening of techno commercial bids in this case & all sealed

financial bids will be kept inside an envelope which will again be sealed

under signature of Authority inviting the tender and same shall be

retained by Authority inviting the tender. The financial bids of those


bidders who are approved to be techno-commercially compliant by the

competent authority, will be opened in front of techno commercially

eligible bidders/authorized representatives by sending them a suitable

notice.

(iii) 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.

(iv) The following information should be read out at the time of Financial

bid opening:-

a) Name of the Bidder b) Name of the item c) Quantities/prices quoted in the bid d) Discount, if offered e) Taxes & levies

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

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

such notification, the bids will be opened on next working day, time and

venue remaining unaltered.

20.0 CLARIFICATION OF BIDS

20.1 To assist in the examination, evaluation and comparison of bids, the purchaser

may, at its discretion ask the bidder for the clarification of its bid. The request

for the clarification and the response shall be in writing. However, no post bid

clarification at the initiative of the bidder shall be entertained.

20.2 If any of the documents, required to be submitted along with the technical bid

is found wanting, the offer is liable to be rejected at that stage. However the

purchaser at its discretion may call for any clarification regarding the bid

document within a stipulated time period. In case of non compliance to such

queries, the bid will be out rightly rejected without entertaining further

correspondence in this regard.

21.0 PRELIMINARY EVALUATION

21.1 Purchaser shall evaluate the bids to determine whether they are complete,

whether any computational errors have been made, whether required

sureties have been furnished, whether the documents have been properly

signed and whether the bids are generally in order.

21.2 In case of Item Rate Tenders, only rates quoted shall be considered. Any

tender containing percentage below/above the rates quoted is liable to be

rejected. Rates quoted by the contractor in item rate tender in figures and


words shall be accurately filled in so that there is no discrepancy in the rates

written in figures and words. However, if a discrepancy is found, the rates,

which correspond with the amount worked out by the contractor shall, unless

otherwise proved, be taken as correct. If the amount of an item is not worked

out by the contractor or it does not correspond with the rates written either in

figures or in words then the rates quoted by the contractor in words shall be

taken as correct. Where the rates quoted by the contractor in figures and in

words tally but the amount is not worked out correctly, the rates quoted by

the contractor will, unless otherwise proved, be taken as correct and not the

amount.In the event of no rate has been quoted for any item(s) then the rate

for such item(s) will be considered as zero and work will be required to be

executed accordingly. It will be presumed that the contractor has included

the cost of this / these item(s) in other item(s).

21.3 In case of Percentage Rate Tenders, only percentage quoted shall be

considered. Any tender containing item rates, is liable to be rejected.

Percentage quoted by the contractor in percentage rate tender shall be

accurately filled in figures and words, so that there is no discrepancy.

However if the contractor has worked out the amount of the tender and if any

discrepancy is found in the percentage quoted in words and figures, the

percentage which corresponds with the amount worked out by the contractor

shall, unless otherwise proved, be taken as correct. If the amount of the

tender is not worked out by the contractor or it does not correspond with the

percentage written either in figures or in words then the percentage quoted

by the contractor in words shall be taken as correct. Where the percentage

quoted by the contractor in figures and in words tally but the amount is not

worked out correctly, the percentage quoted by the contractor will, unless

otherwise proved, be taken as correct and not the amount.

21.4Prior 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 allowed to be

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

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

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

such waiver doesn't prejudice or affect the relative ranking of any bidder.


22 EVALUATION AND COMPARISON OF SUBSTANTIALLY RESPONSIVE

BIDS

22.1 The Purchaser shall evaluate in detail and compare the bids previously

determined to be substantially responsive pursuant to clause 21.

22.2 The evaluation and comparison of responsive bids shall be done on the basis

of Net cost to BSNL. The net cost to BSNL will be determined on case to

case basis taking into account applicability of Input Tax Credit or otherwise.

23.0 CONTACTING THE PURCHASER

23.1 Subject to Clause 20, no bidder shall try to influence the Purchaser on any

matter relating to its bid, from the time of the bid opening till the time the

contract is awarded.

23.2 Any effort by a bidder to modify its bid or influence the purchaser in the

purchaser's bid evaluation, bid comparison or contract award decision shall

result in the rejection of the bid.

24.0 PLACEMENT OF ORDER

24.1. The Purchaser shall consider placement of orders for commercial supplies

only on those eligible bidders whose offers have been found technically,

commercially and financially acceptable and whose goods have been type

approved/ validated by the purchaser.

25. PURCHASER'S RIGHT TO VARY QUANTITIES

(a) BSNL reserves the right to increase or decrease up to 25% of the

quantity of goods and services specified in the schedule of quantities

without any change in the unit price or other terms and conditions at

the time of award of contract.

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, give

its acceptance along with performance security in conformity with the

proforma provided with the bid document at Section-7B.

27.3 L-1 bidder may be issued Advanced Purchase Order (APO).

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 27&

28 shall constitute sufficient ground for the annulment of the award and the

forfeiture of the bid security in which event the Purchaser may make the

award to any other bidder at the discretion of the purchaser or call for new

bids.

30. REJECTION OF BIDS

30.1 While all the conditions specified in the Bid documents are critical and are to

be complied, special attention of bidder is invited to the following clauses of

the bid documents. Non-compliance of any one of these shall result in

outright rejection of the bid.

a) Section 1 Part A: The bid will be rejected at opening stage if cost of

bid document is not submitted as per clause 2.1 of DNIT. (to be

finalized)

b) Clauses 12.1, 12.2 & 13.1 of Section- 4 Part A: The bids will

berejected at opening stage if Bid security is not submitted as per

Clauses 12.1 & 12.2 and bid validity is less than the period prescribed

in Clause 13.1 mentioned above.

c) Clause 2 & 10 of Section-4Part A: If the eligibility condition as per

clause 2 of Section 4 Part A is not met and/ or documents prescribed

to establish the eligibility as per Clause 10 of section 4 Part A are not

enclosed, the bids will be rejected without further evaluation.

d) Clause 11.2 (c) of Section-4 Part A: If clause-by-clause compliance


as well as deviation statements as prescribed are not given, the bid

will be rejected at the stage of primary evaluation.

e) While giving compliance to Section-5 Part A, General Commercial

conditions, Section-4 Part B, Special Instructions to Bidders, Section-

5B Special (Commercial) Conditions of Contract and Section-3

Technical Specifications ambiguous words like "Noted", "Understood",

“Noted & Understood" shall not be accepted as complied. Mere

"Complied" will also be not sufficient, reference to the enclosed

documents showing compliances must be given.

f) Section-9 Price Schedule: Prices are not filled in as prescribed in

price schedule.

g) 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".

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(a), 30.1(b) and 30.1(c) of

Section-4 PartA, 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 Authority, 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 Authority 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. ACTION BY PURCHASER AGAINST BIDDER(S)/VENDOR(S) IN CASE

OF DEFAULT.

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

a) Does not supply the equipment in time;

b) Goods do 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.


32. NEARRELATIONSHIP CERTIFICATE

32.1. The bidder should give a certificate that none of his/ her near relative, as

defined below, is working in the Civil Zone where he is going to apply for the

tender. In case of proprietorship firm certificate will be given by the proprietor.

For partnership firm certificate will be given by all the partners and in case of

limited company by all the Directors of the company excluding Government

of India/ Financial institution nominees and independent non-Official part

time Directors appointed by Govt. of India or the Governor of the state and

full time Directors of PSUs both state and central. Due to any breach of

these conditions by the company or firm or any other person the tender will

be cancelled and Bid Security will be forfeited at any stage whenever it is

noticed and BSNL will not pay any damage to the company or firm or the

concerned person.

32.2. The Company or firm or the person will also be debarred for further

participation in the concerned Civil Zone.

32.3 The near relatives for this purpose are defined as:-

(a) Members of a Hindu undivided family.

(b) They are husband and wife. (c) The one is related to the other in the manner as father, mother, son(s)

& Son's wife (daughter in law), Daughter(s) and daughter's husband

(son in law), brother(s) and brother's wife, sister(s) and sister's husband

(brother in law).

32.4. The format of the certificate is given in Section 6 (B).

33. VERIFICATION OF DOCUMENTS AND CERTIFICATES

The bidder will ensure that all the documents and certificates, including

experience/performance and self-certificates submitted by him are correct

and genuine before enclosing them in the bid. The onus of proving

genuineness of the submitted documents would rest with the bidder.

If any document/ paper/ certificate submitted by the participant bidder is

found / discovered to be false / fabricated / tempered / manipulated either

during bid evaluation or during award of contract or thereafter, then the

Purchaser will take action as per Clause-1of Appendix-1 of this section.

Note for Tender opening Authority / Committee:

At the time of tender opening,the tender opening authority/team will check/

verify that the documents conforming to eligibility part are submitted by the

participant bidder duly authenticated by the authorized signatory to obviate

any possibility of doubt and dispute and maintain veracity of the documents

/ papers/ certificates.

The documents/ papers to be submitted in respective bid part have been

explicitly stated in clause- 7 of Section-4 Part A.


This opened bid part which is already signed by the authorized

representative of the bidder company during bid submission will be signed

by the tender opening committee on hard copy and preserve it along with the

bids received online in case of e-tendering.

These papers will be treated as authentic one, in case of any dispute.

34. Security Clause as per latest guidelines and requirement

Mandatory Licensing requirements with regards to security related concerns

issued by the Government of India from time-to-time shall be strictly followed

and appropriate clauses shall be added in all bid documents. Necessary

guidelines in this regard shall be issued separately.

35. Reservation/ Procurement from MSE units:

The guidelines / instructions / laws issued vide No CA/MMT/3-2/2018

06.03.2019 and further updates if any, issued from Ministry of Micro, Small

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

Enterprises (MSEs) shall be followed..

Note – This clause shall be deleted if not applicable for the tender.


SECTION-4 Part B

SPECIAL INSTRUCTIONS TO BIDDERS

The Special Instructions to Bidders shall supplement the 'General Instructions to

Bidders' and in case of any conflict with those in Section-4 Part A i.e. GENERAL

INSTRUCTIONS TO BIDDERS (GIB), the provisions herein shall prevail.

1. Eligibility Conditions

Eligibility conditions for each tender shall be framed on case-to-case basis

and shall be got approved from the tender approving authority.

Some hints on framing of eligibility conditions are given below:

They should have successfully executed satisfactorily completed works of

any central / state government department, PSU or any other government

organization of following magnitude as under.

1. (Details to be inserted)”

The proof of having completed such works shall form part of the bid.

Note :- The eligibility conditions for procurement of different types of services/goods

should be decided taking into account guidelines contained in Clause 2.4

of Chapter 2and other factors which are unique to the work/goods

concerned as decided by tender approving/accepting authority

Note: After issue of NIT, eligibility conditions should not be changed.

2 . Bid Security

The bank guarantee/DD for bid security or Micro & Small Enterprise (MSE)

registration certificate for claiming exemption from submission of bid security,

as prescribed in clauses 12.1 & 12.2 of Section-4 A of the bid document

should be submitted by the bidder in a separate cover. The bank

guarantee/DD so submitted shall be as per the format given in Section-7 A

on prescribed judicial paper with stamps of proper value and should contain

full address of the issuing branch of the bank with its telephone number and

FAX number.


Section- 4 Part C

E-tendering Instructions to Bidders

1. Procurement items/Services to be provided: Procurement items/Services to be provided are given in SOQ.

2. Eligible Bidders (a) The bidder should have experience of undertaking similar contracts with

Govt. / Semi Govt./PSUs/Corporates/Autonomous bodies/Big reputed

company registered under companies Act,1956.

(b) The bidder should produce copy of valid Registration of establishment/firm

with Labor Act.

(c) The bidder shall furnish Annual Report/a current solvency certificate from its

bankers as evidence that he has financial capability to perform the contract.

(d) The bidder shall produce valid GST (Goods & Services Tax) Registration

certificate.

(e) The bidder should have PAN allotted to him by IT Department (Copy to be

enclosed).

(f) EPF registration no. if applicable/declaration regarding payment of minimum

wages to manpower engaged as per labour law.

3. Cost of bidding: The bidder shall bear all costs associated with the preparation and submission of the bid. BSNL, in no case shall be responsible for these costs regardless of the conduct or outcome of the bidding process.

4. Instructions for Online Bid Submission

4.1 Bidders to submit the bids online through the www.tenderwizard.com 4.2 Bidder should possess valid Digital Signature Certificate (DSC). 4.3 Bidder should do the enrolment in the e-tender website www.tenderwizard.com 4.4 Bidder should download the vendor guidelines by clicking the “Help Manuals / DSC / Application Forms / Circulars” from the website and go through the document in detail for getting step by step information about registration and participation in the e-tender procedure. 4.5 The bidders should provide the correct information including valid email id. All the correspondence shall be made directly with the bidders through email id provided. 4.6 Bidder need to login to the e-tender site through their user ID/ password chosen during registration. 4.7 Then the Digital Signature Certificate ( Class III Certificates with signing key usage) issued by e Mudra or any Certifying Authority recognized by CCA India on eToken / Smart Card, should be registered. 4.8 The DSC that is registered only should be used by the bidder and should ensure safety of the same. 4.9 Bidder may go through the tenders published on the site and download the required tender documents for the tenders he/she is interested in.


4.10 After downloading the tender document, the Bidder should go through them carefully and then submit the documents as asked, otherwise bid will be rejected. 4.11 If any clarifications is required, the same may be obtained online through the e-tender website, or through the contact details or email. Bidder should take into account the corrigendum, if any, published before submitting the bids online. 4.12 Bidder should then log in to the site through the secured log in by giving the user id/ password chosen during registration and then by giving the password of the e-Token/Smart Card to access DSC.

4.13 It is construed that the bidder has read all the terms and conditions before submitting their offer. Bidder should go through the tender documents carefully and upload the documents as asked; otherwise, the bid will be rejected. 4.14 Bidder, in advance, should get ready the bid documents to be submitted as

indicated in the tender document and generally, they can be in PDF/xls/rar/zip/dwf formats. If there is more than one document, they can be clubbed together and can be provided in the requested format. Each document to be uploaded through online for the tenders should be less than 2 MB. If any document is more than 2MB, it can be reduced through zip/rar and the same can be uploaded, if permitted. Bidders Bid documents may be scanned with 100 dpi with black and white option. However, if the file size is less than 1 MB the transaction uploading time will be very fast.

4.15 If there are any clarifications, this may be obtained through the site, or during the pre-bid meeting, if any. Bidder should take into account the corrigendum published from time to time before submitting the online bids. 4.16 The Bidders can update well in advance, the documents such as certificates,

annual report details etc., under “Document Library” option and these can be selected as per tender requirements and then send along with bid documents during bid submission. This will facilitate the bid submission process faster by reducing upload time of bids.

4.17 Cost of Bid Document (non-refundable) and EMD: (a) Bidder should submit the cost of bid documents in the form of a Crossed

Demand Draft of Rs --- (Rs. ----) (non refundable) drawn on any Scheduled Bank in {name of city) in favour of ………………..………(state designation of concerned Accounts Officer) e.g. “AO(Cash), BSNL, C.O. N. Delhi” and payable at ………….………….…. (state the name of the concerned payable City/ Station) e.g. “New Delhi”.

(b) The EMD for an amount of Rs.……………………. should be in the form of a Crossed Demand draft drawn in favour of ………………..………(state designation of concerned Accounts Officer) e.g. “AO(Cash), BSNL, C.O. N. Delhi” and payable at ………….………….…. (state the name of the concerned payable City/ Station) e.g. “New Delhi”./ Bank Guarantee valid for 180 days from the date of tender opening as per format of “Bid Security Form” at Section VII.

(c) The cost of bid document and the EMD in original in the form of DD/Bank Guarantee along with all eligibility documents mentioned in Clause 10 of Section 4 Part – A should be posted/couriered/given in person to “EE, , BSNL , ---- .”. The envelope with due mention of Name of work, due date & time of opening of bids, name of the bidder should be submitted within the bid submission due date & time


for the tender. Scanned self attested copies of the same should also be uploaded online as part of the offer as per the NIT conditions. The bidder should ensure that all the above reach before the last date and time of submission of bid as mentioned in the NIT. BSNL will not be responsible for any late delivery by courier/postal services and the bid will be summarily rejected, if they are not received before due date and time of opening of the tender.

(d) e-Tender Processing fee (non-refundable): The e-tender processing fee (non- refundable) of Rs --- ( Rs -------- only ) has to be paid online by the bidder to the account of M/s ITI Limited as mentioned in the portal www.tenderwizard.com. e-Tender processing fee paid through Demand draft shall not be accepted.

4.18 The bidder has to select the payment option as offline for paying cost of bid document & EMD as applicable and enter details of the instruments and upload the same online.

4.19 While submitting the bids online, the bidder should read all the terms & conditions and accepts the same to proceed further to submit the bid.

4.20 The details of the Cash Receipt/ DD/BC, physically sent, should tally with the

details available in the scanned copy and the data entered during bid submission time.

5. Bid Document: 5.1 Bid Document includes: a. Notice Inviting e-Tender

b. Instructions to bidders c. General condition (Commercial) of the contract d. Special condition of contract, if any e. Schedule of quantities f. Bid form and price schedule. g. Performance Security bond Form h. Letter of authorization to attend Bid opening

5.2 The Bidder is requested to examine all instructions, forms, terms and specification in bid documents. Failure to furnish all the information required as per bid documents and 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. 5.3 A prospective bidder, requiring any clarification of the Bid Documents shall notify the Purchaser online. The Purchaser shall respond online to any request for clarification of the Bid Documents in given specific Date & Time and clarification by the Purchaser shall be sent to the prospective bidder online. 5.4 Any clarification issued by BSNL in response to query raised by prospective bidders shall form an integral part of bid document and it may amount to an amendment of relevant clauses of bid document.


6. Documents required to be submitted for establishing Bidders Eligibility and Qualifications: (a) Experience certificate of having undertaken similar contracts with Govt. /

Semi Govt./ PSUs/Corporates /Autonomous bodies/Big reputed company

registered under companies Act,1956.

(b) The bidder should produce copy of valid Registration of establishment/firm

with Labor Act.

(c) The bidder shall furnish Annual Report/a current solvency certificate from its

bankers as evidence that he has financial capability to perform the contract.

(d) The bidder shall produce valid GST Registration certificate.

(e) The bidder should have PAN allotted to him by IT Department (Copy to be

enclosed).

(f) EPF registration no. if applicable/declaration regarding payment of minimum

wages to man engaged as per labour law.

(g) A certificate regarding no relationship with BSNL employees in the Performa

section IX

(h) The bidder shall furnish as part of bid security (Earnest Money Deposit) of Rs -

---(Rupees -------only) in the form of Demand Draft issued by any Scheduled

Bank of India in favor of ………………..………(state designation of concerned

Accounts Officer) e.g. “AO(Cash), BSNL, C.O. N. Delhi” and payable

at ………….………….…. (state the name of the concerned payable City/ Station)

e.g. “New Delhi”.

7. Amendment to Bid document: 7.1 At any time prior to the date of submission of bid, BSNL may, for any reason whether at its own initiative or in response to a clarification required by a prospective bidder, modify the bid documents by amendments. 7.2 The amendments shall be notified online only through corrigendum, if any. 7.3 In order to afford prospective bidders reasonable time in which to take the amendments into account in preparing their bids, BSNL may, at its discretion, extend the deadline for the submission of bids suitably.

8. Bid Price:

8.1 The bidder shall give the total composite rate inclusive of all levies & taxes

including GST in the Price Schedule. Rate should be quoted for all the items otherwise the bid will be rejected summarily

8.2 The rate quoted by the bidder shall remain fixed during the entire period of contract and shall not be subject to variation on any account. A bid submitted with an adjustable price quotation will be treated as non- responsive and rejected.


9. Bid Security(EMD): 9.1 Bidder should submit the EMD in offline. The Demand draft/Bank Guarantee should be prepared as per the amount mentioned in NIT in favour of …………..………(state designation of concerned Accounts Officer) e.g. “AO(Cash), BSNL, C.O. N. Delhi” and payable at ………….………….…. (state the name of the concerned payable City/ Station) e.g. “New Delhi”.. The original should be posted/couriered/given in person to “EE, BSNL, ”, within the bid submission due date & time for the tender. Scanned copy should be uploaded as part of the offer. The bidder should ensure that the demand draft/bank Guarantee reach before the last date and time of submission as mentioned in the NIT. BSNL will not be responsible for any late delivery by courier/postal services and the bid will be summarily rejected, if the cost of bid document and EMD are not received before due date and time of opening of the tender. 9.2 The successful bidder’s bid security will be discharged upon the bidders acceptance of the award of contract satisfactorily and furnishing the performance security. 9.3 The Bid Security may be forfeited. a. If bidder withdraws his bid during the period of bid validity specified by the bidder in the bid form.

b. If the successful bidder fails 1. To sign contract 2. To furnish performance security.

9.4 The bid security of unsuccessful bidder will be discharged / returned as early as possible but not later than 30 days after the expiry of the period of bid validity.

9.5 If the bidder fails to submit EMD or the EMD is not received on or before the due date and time, the bid submitted by such bidder will be summarily rejected.

10. Format and signing of bid:

Bidders shall note that the very act of using DSC for downloading the tender document and uploading the same along with their offers is deemed to be a confirmation that they have read all sections and pages of the tender document without any exception and have understood the complete tender document and are clear about the requirements of the tender document 11. Submission of Bid: 11.1 Bidder should log into the site www.tenderwizard.com well in advance for bid submission so that he/she upload the bid in time i.e. on or before the bid submission date and time. 11.2 Bidder should prepare and submit the cost of bid documents and EMD as per the instructions given in bid document. The details of the relevant instrument physically sent, should tally with the details available in the scanned copy and the


data entered during bid submission time, otherwise the uploaded bid will be rejected. 11.3 While submitting the bids online, the bidder shall read the terms & conditions and accepts the same in order to proceed further to submit their bid. 11.4 Bidder shall select the payment option as offline to pay the cost of bid document and EMD and enter details of the relevant instrument. 11.5 Bidder shall digitally sign and upload the required bid documents one by one as indicated in the tender document. 11.6 Bidders shall note that the very act of using DSC for downloading the tender document and uploading their offers is deemed to be a confirmation that they have read all sections and pages of the tender document without any exception and have understood the complete tender document and are clear about the requirements of the tender document. 11.7 Bidders shall submit their bids through online e-tendering system well before the bid submission end date &time (as per Server System Clock). BSNL will not be held responsible for any sort of delay or the difficulties faced during the submission of bids online by the bidders at the last moment. 11.8 After the final bid submission in the e-tender portal, the bidders shall take print out of system generated acknowledgement number, and keep it as a record of evidence for online submission of bid, which will also act as an entry pass to participate in the bid opening. 11.9 Bidder should follow the server time being displayed on bidder’s dash board at the top of the tender site, which shall be considered valid for all actions of requesting, bid submission, bid opening etc., in the e-tender system. 12. Bid opening 12.1Bid opening committee will open the bids online in the presence of bidders or their authorized representatives who chose to attend on opening date and time. 12.2The 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 (format is given in section IX). 12.3The date fixed for opening of bids, if subsequently declared as holiday by the Govt., the revised date of schedule will be notified. However, in absence of such notification, the bids will be opened in the next working day, time and venue remaining unaltered. 13. Clarification of Bids: To assist in the examination, evaluation and comparison of bids the Purchaser may, at its discretion ask the bidder for the clarification of its bid. The request for clarification and the response shall be in writing. However, no post bid clarification at the initiative of the bidder shall be entertained.


14. Bid Evaluation: 14.1Bid Evaluation will be done in two stages i.e. Technical Bid Evaluation and Financial Bid Evaluation. 14.2The “Technical bid” of only those bidders shall be opened who have submitted the cost of bid document and the EMD within stipulated date and time as per NIT conditions. The “Technical Bid” will be evaluated first. Those bidders who are found to be technically qualified, their financial bid only will be opened at later date. The date & time of opening of "Financial bid" shall be conveyed to all the bidders who have qualified in technical bid and their representative shall be allowed to attend the financial bid opening. 14.3BSNL shall evaluate the bids to determine whether they are complete, whether any computational errors have been made whether documents have been properly signed and whether bids are generally in order. 14.4 If there is a discrepancy between words and figures the amount in words shall prevail. Prior to detailed evaluation, BSNL will determine the substantial responsiveness of each bid to the bid document. A substantially responsive bid is one, which conforms to all the terms and conditions of bid documents without material deviation. A bid determined as substantially non responsive will be rejected by BSNL. 14.5BSNL shall evaluate in detail and compare the substantially responsive bids and comparison of bids shall be on the price offered inclusive of all levies and charges as indicated in the price schedule. The lowest bidder will be decided on the value of “Grand Total” as mentioned in the Price Schedule. 14.6The accepting authority may cross verify the documents submitted by bidder with the issuing authority, in case of any need. 15. Award of Contract: 15.1BSNL shall consider placement of advance purchase order to those bidders whose offers have been found technically, commercially and financially acceptable. The bidder shall within fourteen (14) days of issue of advance purchase order, give his acceptance along with performance security in conformity with section VII with the bid document. 15.2The issue of an Advance Purchase Order shall constitute the intention of the Purchaser to enter into the contract with the bidder. 15.3The BSNL may award the tender to more than one supplier at the rates quoted by the lowest tenderer for each of the category. 16. Right to vary quantities. 16.1 BSNL reserves the right at the time of award of contract to increase or

decrease up to 25% of the required quantity of items specified in the schedule of requirements without any change in unit price of the ordered quantity or other terms and conditions.


17. 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 for the Purchaser’s action. 18. Signing of Contract 18.1 Signing of Agreement shall constitute the award of contract on the bidder. 18.2 Upon the successful bidder furnishing the performance security, the BSNL

shall discharge its bid security. 19. Annulment of Award Failure of the successful bidder to comply with the requirement of clause 17 shall constitute sufficient ground for the annulment of the award and forfeiture of the bid security in which event BSNL may make the award to any other bidder at the discretion of BSNL or call for new bids. 20. Period of validity of bids: (i)The bid shall remain valid for 150 days after the date of opening of bids. A bid valid for a shorter period shall be rejected by BSNL as non-responsive. (ii) A bidder accepting the request of BSNL for an extension to the period of bid validity, in exceptional circumstances, will not be permitted to modify his bid. Otherwise submitted bid will not be acceptable and summarily rejected. 4.21 The bidder has to digitally sign and upload the required eligibility & tender documents one by one as indicated. Bidders should note that the very act of using DSC for downloading the bids and uploading their offers shall be deemed to be a confirmation that they have read all sections and pages of the bid document including General conditions of contract without any exception and have understood the entire document and are clear about the requirements of the tender requirements. 4.22 The following Form of bid document should be filled up, signed with seal, scanned and uploaded in the e- tender website by bidder: i. Bid Form (Section-IX Part-A) ii. Certificate of non-participation by family members of BSNL employees (Section-VI)

4.23 If the price bid format is provided in a excel file, the rates offered should be entered in the allotted space only and uploaded after filling the relevant columns. The Price Bid template must not be modified/replaced by the bidder, else the bid submitted is liable to be rejected for this tender. 4.24 The bidders are requested to submit the bids through online e-tendering system well before the bid submission end date & time (as per Server System Clock). BSNL will not be held responsible for any sort of delay or the difficulties faced during the submission of bids online by the bidders at the eleventh hour.


4.25 After the final bid submission, the acknowledgement number, given by the system should be printed by the bidder and kept as a record of evidence for online submission of bid for the particular tender and will also act as an entry pass to participate in the bid opening date. 4.26 The time settings fixed in the server side & displayed at the top of the tender site, will be valid for all actions of requesting, bid submission, bid opening etc., in the e-tender system. The bidders should follow this time during bid submission. 4.27 The bidder should logout of the tendering system using the normal logout option and not by selecting the (X) exit option in the browser. 4.28 For any queries regarding e-tendering process, the bidders are requested to contact / email as provided in the tender document.


SECTION-5 Part A

GENERAL (COMMERCIAL) CONDITIONS OF CONTRACT

1. APPLICATION

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

procurement of goods/equipment.

2. STANDARDS

The goods/equipment supplied under this contract shall conform to the

standards prescribed in the Technical Specifications mentioned in section -

3.

3. PATENT RIGHTS

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

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

of the goods or any part thereof.

4. PERFORMANCE SECURITY

4.1 All suppliers (including MSEs who are registered with the designated MSME

bodies, like National Small Scale Industries Corporation etc. Shall furnish

performance security to the purchaser for an amount equal to 5% of the value

of Advance purchase order within 14 days from the date of issue of Advance

Purchase Order by the Purchaser.

4.2 The proceeds of the performance security shall be payable to the Purchaser

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

its obligations under the contract.

4.3 The performance security Bond shall be in the form of Bank Guarantee

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

this Bid Document.

4.4 The performance security Bond will be discharged by the Purchaser after

completion of the supplier's performance obligations including any warranty

obligations under the contract.

5. INSPECTION AND TESTS

5.1 The Purchaser or its representative shall have the right to inspect and test

the goods as per prescribed test schedules for their conformity to the

specifications. Where the Purchaser decides to conduct such tests on the

premises of the supplier or its subcontractor(s), all reasonable facilities and

assistance like Testing instruments and other test gadgets shall be furnished

to the inspectors at no charge to the purchaser.

5.2 Should any inspected or tested goods fail to conform to the specifications


the purchaser may reject them and the supplier shall either replace the

rejected goods or make all alterations necessary to meet Specification /

requirements free of cost to the purchaser.

5.3 Notwithstanding the pre-supply tests and inspections prescribed in clause

5.1 & 5.2 above, the goods and accessories on receipt in the Purchaser's

premises will also be tested during and after installation before "take over"

and if any goods or part thereof is found defective, the same shall be

replaced free of all cost to the purchaser.

6. DELIVERY AND DOCUMENTS

6.1 Delivery of the goods and documents shall be made by the supplier in

accordance with the terms specified by the purchaser in its schedule of

quantities and special conditions of contracts, and the goods shall remain at

the risk of the supplier until delivery has been completed. The delivery of the

goods shall be to the ultimate consignee as given in the purchase order.

6.2 The delivery of the goods and documents shall be completed within time

frame stated in note 7 of Clause 6 of Section-2 (Tender information).

6.3 All Technical assistance for installation and commissioning of goods and

related accessories, if any, shall be provided by the Supplier at no extra cost

during evaluation, sample approval if any.

6.4 The extension of delivery period against the purchase order, if any, should

be granted subject to the condition that BSNL shall have the absolute right

to revise the price(s) and also to levy penalty for the delayed supplies.

8. INCIDENTAL SERVICES

The supplier may be required to provide any or all of the following services:

(a) Performance or supervision of on-site assembly and/or start-up of the

supplied Goods;

(b) Furnishing of tools required for assembly and/or maintenance of

supplied Goods;

(c ) Performance of supervision or maintenance and/or repair of the

supplied Goods, for a period of time agreed by the parties provided

that this service shall not relieve the supplier of any warranty

obligations under this contract.

9. WARRANTY

9.1 The supplier shall warrant that the stores to be supplied shall be new and

free from all defects and faults in materials used, workmanship and

manufacture and shall be of the highest grade and consistent with the

established and generally accepted standards for materials of the type

ordered and shall perform in full conformity with the specifications and


drawings. The supplier shall be responsible for any defect that may develop

under the conditions provided by the contract and under proper use, arising

from faulty material, design or workmanship such as corrosion of the

equipment, inadequate quantity of material to meet equipment requirements,

inadequate contact protection, etc and shall remedy such defects at its own

cost when called upon to do so by the Purchaser who shall state in writing

in what respect the stores are faulty. This warranty shall survive inspection

or payment for/ and acceptance of goods, but shall expire (except in respect

of complaints notified prior to such date) twelve months after the stores have

been taken over under clause 5.5 above.

9.2 If it becomes necessary for the Supplier to replace or renew any defective

portion(s) of the equipment under this clause, the provisions of the clause

10.1 shall apply to the portion(s) of the equipment so replaced or renewed

or until the end of the above mentioned period of twelve months, whichever

may be later. If any defect is not remedied by the supplier within a reasonable

time, the Purchaser may proceed to get the defects remedied from other

supplier etc., at the supplier's risk and expenses, but without prejudice to any

other rights which the purchaser may have against the supplier in respect of

such defects.

9.3 Replacement under warranty clause shall be made by the supplier free of all

charges at site including freight, insurance and other incidental charges.

10. PAYMENT TERMS

10.1 Payment of specified percentage of the price as detailed shall be made on

receipt of goods by consignee. For claiming this payment the following

documents are to be submitted to the paying authority.

(a) Invoice clearly indicating the price including GST.

(b) Acknowledged Delivery Challan in original.

(c) Warranty certificate, insurance certificate if applicable

(d) Proof of payment of Octroi/ entry tax etc., if applicable.

10.2The balance payment, if any, shall be released as per specified timelines from

the date of supply of the equipment/goods in case there are no

damage/shortages. In those cases where such shortages/damages are

intimated to the supplier in writing, the balance payment shall be released

only after the cases are settled in accordance with the provision of the P.O.

Note: The actual payment conditions for new products or procurements having

installation and AMC services may be decided on case to case basis and

incorporated in special conditions of the contract.”

10.3. A certificate stating that the tendered items (stores) are meant for the use of


BSNL shall be provided by the purchaser on the request of the bidder as and

when asked for.

10.4 No payment will be made for goods rejected at the site on inspection/testing.

10.5. The bidder has to give the mandate for receiving payment costing Rs.5 lakhs

and above electronically and the charges, if any, levied by bank has to be

borne by the bidder/ 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.):

11. PRICES

11.1 Prices charged by the supplier for goods delivered and services performed

under the contract shall not be higher than the prices quoted by the Supplier

in its Bid except for variation caused by change in taxes/ duties as specified

in Clause-11.2 mentioned below.

11.2 For changes in taxes/ duties during the scheduled delivery period, the unit

price shall be regulated as under:

(a) Prices will be fixed at the time of issue of purchase order as per taxes

and statutory taxes/duties applicable at that time

(b) In case of reduction of statutory taxes and other 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 statutory duties/taxes during the scheduled

delivery period, the purchaser shall revise the prices as per new

duties/ taxes for the supplies, to be made during the remaining

delivery period as per terms and conditions of the purchase order.

11.3 Any increase in taxes and other statutory duties/ levies, after the expiry of

the delivery date shall be to the supplier's account. However, benefit of any

decrease in these taxes/duties shall be passed on to the Purchaser by the

supplier. The total price is to be adjusted (by reducing the basic price) with

increased duties and taxes as per price mentioned in PO

12. CHANGES IN PURCHASE ORDERS

12.1 The purchaser may, at any time, by a written order given to a supplier, make

changes within the general scope of the contract in any one or more of the

following:

(a) drawings, designs or specifications, where Goods to be supplied under

the contract are to be specifically manufactured for the Purchaser;


(b) the method of transportation or packing;

(c) the place of delivery; or

(d) the services to be provided by the supplier.

12.2 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.

12.3The Engineer-in-Charge shall have power to make alteration in,

omission from, additions to, or substitutions for the original specifications,

drawings, designs and instructions that may appear to him to be necessary

or advisable during the progress of the work, and contractor shall be bound

to carry out the work in accordance with any instructions given to him in

writing signed by the Engineer-in-Charge and

alterations/omissions ,additions or substitutions shall form part of the

contract as if originally provided therein and any altered, additional or

substituted work which the contractor may be directed to do in the manner

specified above as part of the works, shall be carried out by the contractor

on the same conditions in all respects including price on which he agreed to

do the main work except as hereafter provided.

12.3.1The time for completion of the work shall, in the event of any deviations

resulting in additional cost over the tendered value, be extended if requested

by the contractor, as follows:

i) In the proportion which the additional cost of the altered, additional or

substituted work, bears to the original tendered value (+) plus

ii) 25% of the time calculated in (i) above or such further additional time as

may be considered reasonable by the competent authority.

12.4 In the case of extra items(s) (items that are completely new, and are in

addition to the items contained in the contract), the contractor may, within

15days of receipt of the order or occurrence of the item(s) claim

rates ,supported by proper analysis, for the work and the Engineer-In-Charge

shall within one month of the receipt of the claim supported by analysis,after

giving consideration to the analysis of the rates submitted by the contractor,

determine the rate on the basis of market rate(s). In the event of the

contractor failing to inform, the Engineer-In-Charge within stipulated period

of time, the rate, which he proposes to claim, the rate for such items shall be

determined by the Engineer-In-charge on the basis of market

rate(s)prevailing during that period. In case of substituted items (items that


are taken up with partial substitution or in lieu of items of work in the contract),

the rate for the agreement item (to be substituted) and substituted item shall

also be determined in the manner as mentioned below :-

12.4.1 If the market rate for the substitution item so determined is more than

the market rate of the agreement item (to be substituted) the rate payable to

the contractor for the substituted item shall be the rate for the agreement

item (to be substituted) so increased to the extent of the difference between

the market rate of the substituted item and the agreement item (to be

substituted).

12.4.2If the market rate for the substituted item so determined is less than

the market rate of the agreement item (to be substituted), the rate payable

to the contractor for the substituted item shall be the rate for the agreement

item (to be substituted) so decreased to the extent of the difference between

the market rates of the substituted item and the agreement item (to be

substituted).

In the case of contract items, substituted items, contract cum substituted

items which exceeds the limits, the contractor may within fifteen days of

receipt of order or occurrence of the excess, claim revision of the rates,

supported by proper analysis, for the work in excess of the abovementioned

limits, provided that if the rate so claimed are in excess of the rates specified

in the Schedule of quantities, the Engineer-In-Charge shall within one month

of receipt of the claims supported by analysis, after giving consideration to

the analysis of the rates submitted by the contractor, determine the rates on

the basis of market rates and the contractor shall be paid in accordance with

the stipulated rates so determined for the quantities in excess of the deviation

limit.

12.5The provisions of the preceding paragraph shall also apply to the

decrease in the rates of items for the work in excess of the limits., and the

Engineer-in-Charge shall after giving notice to the contractor within one

month of occurrence of the excess and after taking into consideration any

reply received from him with in fifteen days of the receipt of the notice ,revise

the rates for the work in question within one month of the expiry of the said

period of fifteen days having regard to the market rates.

12.6Any operation incidental to or necessarily has to be in contemplation of

tenderer while filing tender, or necessary for proper execution of the item

included in the Schedule of Quantities or in the schedule of rates mentioned

above, whether or not, specifically indicated in the description of the item and

the relevant specifications, shall be deemed to be included in the rates

quoted by the tenderer or the rate given in the said schedule of rates, as the

case may be. Nothing extra shall be admissible for such operations.


13. SUBCONTRACTS

The Supplier shall notify the Purchaser in writing of all subcontracts awarded

under this contract if not already specified in its bid. Such notification, in its

original bid or later shall not relieve the supplier from any liability or obligation

under the Contract.

14 DELAYS IN THE SUPPLIER'S PERFORMANCE

14.1 Delivery of the Goods and performance of the services shall be made by the

Supplier in accordance with the time schedule specified by the purchaser in

its purchase order. In case the supply is not completed in the stipulated

delivery period, as indicated in the Purchase Order, purchaser reserves the

right to short-close/ cancel this purchase order and/ or recover liquidated

damage charges. The cancellation/ short-closing of the order shall be at the

risk and responsibility of the supplier and purchaser reserves the right to

purchase balance unsupplied item at the risk and cost of the defaulting

vendors.

14.2 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.

14.3 If at any time during the performance of the contract, the supplier encounters

condition impending timely delivery of the goods and performance of service,

the supplier shall:

(a) Promptly notify to the Purchaser in writing the fact of the delay, its

likely duration and its cause(s). As soon as practicable after receipt of

the supplier's notice, the purchaser shall evaluate the situation and

may at its discretion extend the period for performance of the contract

(by not more than 20 weeks or as per provisions of clause 15.2

Section-5A as per provision given below :

(b) The vendor has to submit their request for extension at least two

weeks before the expiry of delivery period. The vendor shall also

submit unconditional acceptance of the conditions for delivery period

extension i.e. applicability of liquidated damages, prices to be

provisional and to be regulated as per clauses 11.3 and 22 of section-

5A and submission of additional BG, wherever applicable. The

decision regarding extension shall be communicated within two

weeks of the receipt of request and after receipt of the unconditional

acceptance and the undertaking mentioned above.

(c) In case extension is being granted beyond 20 weeks then the vendor

shall submit additional BG while seeking extension. For piecemeal


items the amount of additional BG shall be 5% of the value of balance

quantity of items to be supplied for which extension in delivery period

has been sought. In case of infrastructure/turnkey projects other than

as stated above, 1% of the total project value shall be the value for

additional BG. The additional BG shall be valid for six months beyond

extension of. delivery period sought and shall be discharged after the

full ordered quantity has been supplied to the ultimate consignee

within the last extended delivery period on submission of inspection

certificate from QA and consignee receipt without prejudice to the

other remedies available to the purchaser.

(d) If the vendor fails to deliver the full ordered quantity even during

extended delivery period then the PO shall be short-closed and the

Performance Bank Guarantee as well as additional BG shall be

forfeited.

(e) Format of (i) letters conveying conditions of DP extension and (ii) DP

extension letter are at Section 7 Part D & Part E. .

14.4 If the supplies are not completed in the extended delivery period, the

purchase order shall be short-closed and both the Performance securities

shall be forfeited.

15. LIQUIDATED DAMAGES

15.1 The date of delivery of the stores stipulated in the acceptance of the tender

should be deemed to be the essence of the contract and delivery must be

completed not later than the dates specified therein. Extension will not be

given except in exceptional circumstances. Should, however, deliveries be

made after expiry of the contracted delivery period, without prior concurrence

of the purchaser and be accepted by the consignee, such delivery will not

deprive the purchaser of its right to recover liquidated damage under clause

15.2 below. However, when supply is made within 21 days of the contracted

original delivery period, the consignee may accept the goods and in such

cases the provision of clause 15.2 will not apply. Further, DP extension for

this grace period of 21 days shall not be necessary.

15.2 While granting extension of delivery period as per clause 14.3, the liquidated

damages shall be levied as follows:

(a) Should the supplier fails to deliver the store or any consignment thereof

within the period prescribed and agreed for delivery, the purchaser,

without prejudice to other remedies available to the purchaser shall be

entitled to recover, as agreed liquidated damages for breach of contract,

a sum equivalent to 0.5% of the value of the delayed supply and/ or

undelivered material/ supply for each week of delay or part thereof

which shall be a maximum of 10%.

(b) DP extension beyond 20 weeks would not be generally allowed. The

extension beyond 20 weeks may be decided in most exceptional


circumstances on case to case basis, by the authority next higher to

Tender Accepting Authority stating reasons and justifications for grant

of extension of delivery period beyond 20 weeks.

(c) In the case of package supply/ turnkey projects when the delayed

portion of the supply materially hampers installation and commissioning

of the systems, LD charges shall be levied as above on the total value

of the concerned package of the Purchase Order.

(d) Quantum of liquidated damages assessed and levied by the purchaser

and decision of the purchaser thereon shall be final and binding on the

supplier, further the same shall not be challenged by the supplier either

before Arbitration tribunal or before the court. The same shall stand

specifically excluded from the purview of the arbitration clause, as such

shall not be referable to arbitration. However, when supply is made to

the ultimate consignee within 21 days of QA clearance in the extended

delivery period and the goods were dispatched within this delivery

period, the consignee may accept the stores/goods and in such cases

the LD shall be levied up to the date of dispatch only.

(e) The total value of the liquidated damages as per above sub-clauses

shall be limited to a maximum of 10% (Ten percent) i.e. LD shall be

levied up to 20 weeks only as per provision at Para (a).

15.3 In cases where the scheduled delivery period is distributed month-wise or is

in installments, the liquidated damages shall be imposed for delay in each

scheduled month/ installment. Liquidated damages shall be calculated

separately for quantities to be supplied in every month/ installment and the

corresponding delay. If the supplier supplies full quantity before the expiry of

the scheduled delivery period of the last month/ installment but there is delay

in month-wise/ installment-wise supply, then also liquidated damages shall

be levied on the supplies against the earlier months/ installments that have

been delayed. Twenty (20) weeks for the purpose of additional BG and grant

of DP extension shall be counted from the last month/ installment.

15.4 Wherever Clause of grace period of 21 days exists in the Purchase Order as

well as in the Tender document against which the Purchase Order has been

released, applicability of the grace period shall be subject to:

(a) The Store has been offered by the Supplier for Inspection/Testing within

the contracted original delivery period.

(b) Competent authority or officer(s) authorized by him/her have cleared

the goods for dispatch within the contracted original delivery period.

(c) The Supplier has carried out dispatch/ dispatched the equipment/goods

with in contracted original delivery period. For claiming benefit of grace

period, the supplier shall have to satisfy the Paying Authority by

furnishing documents of dispatch confirming that it has actually

dispatched the equipment/goods within contracted original delivery

period.


(d) The Store/goods has been received by the ultimate consignee with in

21 days of the expiry of contracted original delivery period.

(e) The grace period of 21 days shall be allowed only in those cases which

fulfill all the conditions given in Para (a) to (d) above. During grace

period no LD charges shall be levied.

Note : 1. In case of turnkey projects, the additional BG and LD clauses related to delay in Installation & commissioning activities, shall be fine-tuned to meet the requirements of the project and shall be included in the special conditions Section-5 Part B of the concerned bid document) after approval of NIT approving authority. In these cases, the tender approving authority as per delegation of financial powers shall be competent authority to decide applicability of LD on the Installation and commissioning portion in case delay is on part of BSNL. However, for supply of equipment in such projects, the terms and conditions shall be the same as mentioned in clauses 14.3 and 15.2 of Section-5 Part A.

16. FORCE MAJEURE

16.1 If, at any time, during the continuance of this contract, the performance in

whole or in part by either party of any obligation under this contract is

prevented or delayed by reasons of any war or hostility, acts of the public

enemy, civil commotion, sabotage, fires, floods, explosions, epidemics,

quarantine restrictions, strikes, lockouts or act of God (hereinafter referred

to as events) provided notice of happenings of any such eventuality is given

by either party to the other within 21 days from the date of occurrence thereof,

neither party shall by reason of such event be entitled to terminate this

contract nor shall either party have any claim for damages against other in

respect of such non-performance or delay in performance, and deliveries

under the contract shall be resumed as soon as practicable after such an

event come to an end or cease to exist, and the decision of the Purchaser

as to whether the deliveries have been so resumed or not shall be final and

conclusive. Further that if the performance in whole or part of any obligation

under this contract is prevented or delayed by reasons of any such event for

a period exceeding 60 days, either party may, at its option, terminate the

contract.

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

OF DEFAULT.

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

(a) Failure to deliver and/ or commission any or all of the goods within the

time period(s) specified in the contract, or any extension thereof granted by the purchaser pursuant to clause15 of this section;

(b) Failure to perform any other obligation(s) under the Contract; and

(c) Goods/Equipment does not perform satisfactory in the field in

accordance with the specifications;


(d) Or any other default whose complete list is enclosed in Appendix-1 of

Section-4, Part-A;

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

18. ARBITRATION (Applicable in case of supply orders/Contracts with

firms, other than Public Centre Enterprises) (Not applicable in cases

valuing less than Rs 5 Lakhs)

18.1 .

Except as otherwise provided elsewhere in the contract, if any dispute, difference, question or disagreement arises between the parties hereto or their respective representatives or assignees, in connection with construction, meaning, operation, effect, interpretation of the contract or breach thereof which parties unable to settle mutually, the same shall be referred to Arbitration as provided hereunder:

(1) A party wishing to commence arbitration proceeding shall invoke Arbitration Clause by giving 60 days’ notice to the designated officer of the other party. The notice invoking arbitration shall specify all the points of disputes with details of the amount claimed to be referred to arbitration at the time of invocation of arbitration and not thereafter. If the claim is in foreign currency, the claimant shall indicate its value in Indian Rupee for the purpose of constitution of the arbitral tribunal.

(2) The number of the arbitrators and the appointing authority will be as under:

Claim amount (excluding claim for counter claim, if any)

Number of arbitrator Appointing Authority

Above Rs. 5 lakhs to Rs. 5 crores

Sole Arbitrator to be appointed from a panel of arbitrators of BSNL.

BSNL

(Note: BSNL will forward a list containing names of three empanelled arbitrators to the other party for selecting one from the list who will be appointed as sole arbitrator by BSNL)

Above Rs. 5 crores 3 Arbitrators One arbitrator by each party and the 3rd arbitrator, who shall be the presiding arbitrator, by the two arbitrators. BSNL will appoint its arbitrator from its panel.


(3) Neither party shall appoint its serving employee as arbitrator. 4. If any of the Arbitrators so appointed dies, resigns, becomes incapacitated or withdraws for any reason from the proceedings, it shall be lawful for the concerned party/arbitrators to appoint another person in his place in the same manner as aforesaid. Such person shall proceed with the reference from the stage where his predecessor had left it both parties consent for the same; otherwise, he shall proceed de novo. 5. Parties agree that neither party shall be entitled for any pre-reference or pendente-lite interest on its claims. Parties agree that any claim for such interest made by any party shall be void. 6. Unless otherwise decided by the parties, Fast Track procedure as prescribed in Section 29 B of the Arbitration Conciliation Act, 1996 for resolution of all disputes shall be followed, where the claim amount is upto Rs. 5 crores. [29B. Fast track procedure – (1) Notwithstanding anything contained in this Act,

the parties to an arbitration agreement, may, at any stage either before or at the time of appointment of the arbitral tribunal, agree in writing to have their dispute resolved by fast track procedure specified in sub-section (3).

(2) The parties to the arbitration agreement, while agreeing for resolution of dispute

by fast track procedure, may agree that the arbitral tribunal shall consist of a sole arbitrator who shall be chosen by the parties.

(3) The arbitral tribunal shall follow the following procedure while conducting

arbitration proceedings under sub-section (1):-

(a) The arbitral tribunal shall decide the dispute on the basis of written pleadings, documents and submissions filed by the parties without oral hearing;

(b) The arbitral tribunal shall have power to call for any further information or clarification from the parties in addition to the pleadings and documents filed by them;

(c) An oral hearing may be held only, if, all the parties make a request or if the arbitral tribunal considers it necessary to have oral hearing for clarifying certain issues;

(d) The arbitral tribunal may dispense with any technical formalities, if an oral hearing is held, and adopt such procedure as deemed appropriate for expeditious disposal of the case.

(4) The award under this section shall be made within a period of six months from the date the arbitral tribunal enters upon the reference.

(5) If the award is not made within the period specified in sub-section (4), the

provisions of sub- sections (3) to (9) of Section 29 A shall apply to the proceedings.


(6) The fees payable to the arbitrator and the manner of payment of the fees shall

be such as may be agreed between the arbitrator and the parties.]

7. The arbitral tribunal shall make and publish the award within time stipulated as under:

Amount of Claims and Counter Claims Period for making and publishing of the award (counted from the date the arbitral tribunal enters upon the reference)

Up to Rs. 5 crores Within 6 months (Fast Track procedure)

Above Rs. 5 crores Within 12 months

However, the above time limit can be extended by the Arbitrator for reasons to be recorded in writing with the consent of parties and in terms of provisions of the Act. 8. In case of arbitral tribunal of 3 arbitrators, each party shall be responsible to make arrangements for the travel and stay, etc. of the arbitrator appointed by it. Claimant shall also be responsible for making arrangements for travel/stay arrangements for the Presiding Arbitrator and the expenses incurred shall be shared equally by the parties.

In case of sole arbitrator, BSNL shall make all necessary arrangements for his travel/stay and the expenses incurred shall be shared equally by the parties. 9. The Arbitration proceeding shall be held at New Delhi or Circle or SSA Headquarter ( as the case may be).

10. Subject to the aforesaid conditions, provisions of the Arbitration and Conciliation Act, 1996 and any statutory modifications or re-enactment thereof shall apply to the arbitration proceedings under this clause.

19. 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.


20. INTIMATION OF SUPPLY STATUS

The bidders, who are given Purchase Orders, must give the details of the

supplies made against all the Purchase Orders every month on the first

working day of the following month to Executive Engineer (Civil) of the

concernedCivil Division.

21. DETAILS OF THE PRODUCT

The bidder should furnish the name of its collaborator (if applicable), brand

name, model number and type of the products offered in this tender. The

technical literatures of the products should also be submitted. No change in

either technology or product shall be permitted after opening of bids.

22. FALL CLAUSE (This clause shall be applicable for works with stipulated

period of completion exceeding 12 months)

22.1 The prices once fixed will remain valid during the scheduled delivery period

except for the provisions in clause 12.1 of Section-5A. Further, if at any time

during the contract

(a) It comes to the notice of purchaser regarding reduction of price for the

same or similar equipment/ service;

And / or

(b) The prices received in a new tender for the same or similar

equipment/service are less than the prices chargeable under the contract.

22.2 The purchaser, for the purpose of delivery period extension, if any, will

determine and intimate the new price, taking into account various related

aspects such as quantity, geographical location etc., and the date of its effect

for the balance quantity/ service to the vendor. In case the vendor does not

accept the new price to be made applicable during the extended delivery

period and the date of its effect, the purchaser shall have the right to

terminate the contract without accepting any further supplies. This

termination of the contract shall be at the risk and responsibility of the

supplier and the purchaser reserves the right to purchase the balance

unsupplied quantity/ service at the risk and cost of the defaulting vendor

besides considering the forfeiture of its performance security.

22.3 The vendor while applying for extension of time for delivery of

equipment/services, if any, shall have to provide an undertaking as "We have

not reduced the sale price, and/ or offered to sell the same or similar

equipment/ service to any person/ organization including Department of

central/state Government or any central/ state PSU at a price lower than the

price chargeable under the contract for scheduled delivery period."

22.4 In case under taking as in Clause 22.3 is not applicable, the vendor will give

the details of prices, the name(s) of purchaser, quantity etc. to the purchaser,

while applying extension of delivery period.


23. COURT JURISDICTION

23.1 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.

23.2 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 ................. only”.

Note:- Mandatory Licensing requirements with regards to security related

concerns issued by the Government of India from time-to-time shall be

strictly followed and appropriate clauses shall be added in all bid documents.

Necessary guidelines in this regard shall be issued separately.

24. 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”.

*****


SECTION –5 Part B

SPECIAL (COMMERCIAL) CONDITIONS OF CONTRACT (SCC)

The Special (Commercial) Conditions of Contract (SCC)shall supplement General

(Commercial) Conditions of Contract (GCC)) as contained in Section 5 Part A and

wherever there is a conflict, the provisions herein shall prevail over those in Section

5 Part A i.e. General (Commercial) Conditions of Contract (GCC)

Note: The clauses mentioned below are for reference only. Exact clauses should

be framed as per requirement on case-to-case basis.

1. Quality and Testing:

(The competent authority may frame and insert special conditions as per

requirements).


Section 5 Part C

General Conditions of AMC

(Optional as per requirement)

1. Period of Warranty & AMC (if any) shall be prescribed

2. Repair of faulty goods/equipment:

Note: The clause regarding repair of faulty goods/equipment, if required, may be

suitably framed and inserted taking into account all functional and technical

requirements. The clause should be approved by authority competent to

approve NIT.

***


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


6 (B) – NEAR-RELATIONSHIP CERTIFICATE:

(Format of the Certificate to be given as per the clause 34 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 Civil Zone 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


SECTION- 7

PROFORMAS

7(A) For the BIDSECURITY/EMD Guarantee

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

Sub: Bid Security/EMD guarantee.

Whereas M/s ……………………………

R/o ……………… ………… ……………………………………… (Hereafter referred

to as Bidder) has approached us for giving Bank Guarantee of

Rs. ……………………/- (hereafter known as the “B. G. Amount”) valid up

to …../……/ 20….. (Hereafter known as the “Validity date”) in favour of EE

(__Executive Engineer (Civil) …………insert required details)(hereafter referred to

EE)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 EE stating

that the amount claimed is due by way of loss or damage caused to or would

be caused to or suffered by the EE 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 EE 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 EE 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 EE under or by virtue of the said Agreement have been fully paid and its claims satisfied or discharged or till EE certifies that the terms and conditions of the said Agreement have been fully and properly carried out by the said bidder(s) and accordingly discharge this guarantee. Unless a demand or claim under this guarantee is made on us in writing or before the expiry of Validity date from the date hereof, we shall be discharged from all liability under this guarantee thereafter.

5. We the Bank further agree with the EE that the EE 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 EE 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 EE or any indulgence by the EE 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 EE 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 EE demands for any money under this bank guarantee, the same

shall be paid through banker’s Cheque in favour of “…………(insert details of appropriate authority)

8. The Bank guarantees that the below mentioned officer who have signed it on behalf of the Bank have authority to give this guarantee under its delegated power.

Place: ……………………………

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

Rubber stamp of the bank Authorized Power of Attorney Number: ……………….

Name of the Bank officer: …………………………….. Designation: ……………………………………

Complete Postal address of Bank: …………………… ……………………………………………………………… Telephone Numbers ……………………………..

Fax numbers ………………………………


7(B) For the Performance Guarantee (To be typed on Rs.100/- non-judicial stamp paper)

Dated:……………..

Sub: Performance guarantee.

Whereas (__Executive Engineer (Civil) …………insert required details)

R/o …………………………..………… …………………..(hereafter referred to as EE)

has issued an APO no. …………..………. Dated ……/……/20….. awarding the

work of …………… …… … ………………………………….. to

M/s …………………..……………………………

R/o ………………………………………………………………… (hereafter referred to

as “Bidder”) and EE has asked him to submit a performance guarantee in favour of

Executive Engineer (Civil) ……(insert required details)of Rs. …………..……/-

(hereafter referred to as “P.G. Amount”) valid up to ……/……/20………(hereafter

referred to as “Validity Date”)

Now at the request of the Bidder, We ………………………………………

Bank …………………………Branch

having ……………………..…………………… ………. .………………………………

……. (Address) and Regd. office address

as ……… ………...………………………………………………………………………

……… ……… …………… (Hereinafter called ‘the Bank”) agreed to give this

guarantee as hereinafter contained:

2. We, “the Bank” do hereby undertake and assure to the EE that if in the

opinion of the EE, 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 EE the said sum limited to P.G. Amount or

such lesser amount as EE may demand without requiring EE to have

recourse to any legal remedy that may be available to it to compel the Bank

to pay the same.

3. Any such demand from the EE shall be conclusive as regards the liability of

Bidder to pay to EE 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 EE regarding the claim.

4. We, the Bank further agree that the guarantee shall come into force from the

date of its issue and shall remain in full force and effect up to its Validity date.


5. The Bank further agrees that the EE 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 EE 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

EE or any indulgence by EE to Bidder or any other matter or thing

whatsoever which under the law relating to sureties would but for this

provision have the effect of relieving or discharging the guarantor.

6. Notwithstanding anything herein contained ;

(a) The liability of the Bank under this guarantee is restricted to the P.G.

Amount and it will remain in force up to its Validity date.

(b) The guarantee shall stand completely discharged and all rights of the

EE 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 EE demands for any money under this bank guarantee, the same

shall be paid through banker’s Cheque in favour of “AO (Cash) BSNL ”

payable at (Name of place)

8. The Bank guarantees that the below mentioned officer who have signed it

on behalf of the Bank have authority to give this guarantee under its

delegated power.

Place: ……………………………

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

Rubber stamp of the bank

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

Name of the Bank officer: ……………………………..

Designation: ……………………………………

Complete Postal address of Bank: ……………………

………………………………………………………………

Telephone Numbers ……………………………..

Fax numbers ………………………………


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

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

Subject: Authorization for attending Bid opening

I/ We Mr. /Ms. …………………………………….. have submitted our bid for

the tender no. ………………………….……… in respect

of …………………… ………………………………………………………….. (Item of

work) which is due to open on …………………. (date) in the,

O/o ………………………………………………………………………………….

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

Ms…………….…………(alternative) whose signatures are attested below, to

attend the bid opening for the tender mentioned above on our behalf.

…………………………………….

Signature of the Representative

………………………………… Signature of Bidder/ Officer authorized to sign

Name of the Representative on behalf of the Bidder

…………………………………….

Signature of the alternative Representative

…………………………………………..

Name of the alternative Representative

Above Signatures Attested

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

2. Permission for entry to the hall where bids are opened may be refused in

case authorization as prescribed above is not received.


7(D) Model Amendment Letter Intimating Conditions for Extension of

Delivery Period

(Refer to Appendix (i) to clause 15.3 of Section-5 Part A)

Registered A Due

Address of the purchaser

--------------------------------

--------------------------------

To

M/s ………………………………..

………………………………………

Sub: This office contract no………….. dated …………. placed on you for supply

of …………………………………………………………………….

Ref :Your letter no……………………………… dated ……………….

We are in receipt of your letter, wherein you have asked for extension/ further

extension of time for delivery/ execution/ installation/ commissioning.

In view of the circumstances stated in your above referred letter, the time of delivery

can be extended from _______ (original/ last delivery period) to ____________

(presently agreed delivery period) subject to your unconditional acceptance of the

following terms and conditions:

1. That, liquidated damages maybe levied in accordance with agreed checked

ok clause 15.2 & 15.3 Section-5 Part A of terms and conditions of the tender/

PO.

2. That, notwithstanding any stipulation in the contract for increase in price on

any ground, no such increase, whatsoever, which takes place after current

last date of Delivery shall be admissible on such of the said goods as are

delivered after the said date as per checked ok clause 11 Section-5 Part A.

3. An additional BG of Rs._____in accordance with checked ok clause 14.3,

Section- 5PartA of the contract with validity up to _______.

4. An undertaking as required vide checked ok clause 22.3, Section-5A.

Otherwise furnish the details as requisite in checked ok clause 22.4 section

5 Part A”


Please intimate your acceptance of this letter along with the additional BG within

ten days of the issue of this letter failing which the contract will be cancelled at your

risk and expense without any further reference to you. This letter shall form part and

parcel of the agreement/ contract/ APO/ PO and all other terms & conditions of the

contract remain unaltered.

Yours faithfully,

(………………………)

For and on behalf of………..

Note: The entries which are not applicable for the case under consideration are to

be deleted.


7(E)- Model Amendment Letter for Extension of Delivery Period

Checked ok Appendix (ii) to clause 15.3 of Section-5 Part A

Registered Acknowledgement Due

Address of the purchaser

--------------------------------

--------------------------------

To

M/s ………………………………..

………………………………………

Sub :This office contract no………….. dated …………. placed on you for supply

of ………………

Ref : 1. Your letter no……………………………… dated ……………….

requesting DP extension

2. This office letter no. ……………… dated ……… intimating conditions for

DP extension

3. Your letter no………………….. dated …………. accepting the conditions

for DP extension

In your above letter under reference (1), you have asked for extension/ further

extension of time for delivery/ execution/ installation/ commissioning. The terms and

conditions for extension of delivery period were conveyed to you vide this office

letter under reference (2).

In view of the circumstances stated in your above referred letter, and upon your

unconditional acceptance of the terms and conditions of this extension vide your

letter under reference (3), the time of delivery is hereby extended from _______

(last delivery period) to ____________ (presently agreed delivery period) on the

terms and conditions in letter under reference (2) above and agreed by you vide

letter under reference (3) i.e.:

(a) Liquidated damages maybe levied in accordance with agreed checked ok

clause 15.2 & 15.3 Section-5 Part A of terms and conditions of the tender/

PO.

(b) Notwithstanding any stipulation in the contract for increase in price on any


ground, no such increase, whatsoever, which takes place after current last

date of Delivery/ completion of work shall be admissible on such of the said

goods as are delivered after the said date as per clause 11 Section- 5 Part

A.

The letters under reference above and this letter shall form part and parcel of

agreement/ contract/ APO/ PO and all other terms & conditions of the contract

remain unaltered.

Yours faithfully,

(………………………)

for and on behalf of………..

Copy to :

…………………..

…………………..

…………………..

(All concerned)

Note:- The entries which are not applicable for the case under consideration are to

be deleted.


SECTION- 8

Bidder’s profile & Questionnaire.

Tenderer / Bidder’s Profile & Questionnaire

(To be filled in and submitted by the bidder)

A) Tenderer’s Profile

1. Name of the Individual/ Firm: ………………………………………………

2. Present Correspondence Address

…………………………..………………

…………..…………………………………………………………………………

…………………………..…………………………………………………………

Telephone No. …………………………….. Mobile No. ………………………...

FAX No. …………………………………………………………………………

3. Address of place of Works/

Manufacture ……….…………….……………………………………………….

………………… ………………….………………………………………………

………………………

Telephone No. ..……………………….. Mobile No. ……………………………

4. State the Type of Firm: Sole proprietor-ship/partnership firm /

(Tick the correct choice): Private limited company.

5. Name of the sole proprietor/ partners/ Director(s) of Pvt. Ltd Co.:

S. No. Name Father’s Name Designation

1.

2.

3.

4.

5.

6. Name of the person authorized to enter into and execute contract/

agreement and the capacity in which he is authorized (in case of

partnership/ private Ltd Company):

……………………………………………………………………………………

……………………………………………..………………………………………

………………….

7. Permanent Account No. : ………………………………………………………


8. GST Registration No.

9. Details of the Bidder’s Bank for effecting e-payments:

(a) Beneficiary Bank Name:………………………………

(b) Beneficiary branch Name:…………………………….

(c) IFSC code of beneficiary Branch……………………..

(d) Beneficiary account No.:……………………………….

(e) Branch Serial No. (MICR No.):………………………...

10. Whether the firm has Office/ works (i.e. manufacture of the tendered item)

in Delhi? 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.

1.1 If Yes, Give details

………………………………………………………………………………………

………………………………………………………………………………………

2. Do you think any other item of work need be included in tender form to

complete the work specified in the specification? Yes/ No.

2.1 If Yes, Give details

………………………………………………………………………………………

………………………………………………………………………………………

3. Suggestion for improvement of the tender document.

……………………………………………………………………………………….

……………………………………………………………………………………….

…………………………………………………………………………………….

Place………………….

Signature of contractor ………………………

Date …………………. Name of Contractor ……………………………


SECTION-9

Part-A

BID FORM

To From,

…………………………………………. ……………………………………….

<Complete address of the purchaser><complete address of the Bidder>

…………………………………………. …………………………………………

……………………………………… …………………………………………

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

Ref:Your Tender Enquiry No. …………………………………dated …………………

1. Having examined the above mentioned tender enquiry document including

amendment/ clarification/ addenda Nos. ......................

dated …………….. ……………the receipt of which is hereby duly

acknowledged, we, the undersigned, offer to supply and

deliver .............................................. in conformity with the said drawings,

conditions of contract and specifications for the sum shown in the schedule

of prices attached herewith and made part of the financial Bid.

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

subsequent alteration and replacement.

3. We agree to abide by this Bid for a period of ……….days from the date fixed

for Bid opening or for subsequently extended period, if any, agreed to by us.

This bid shall remain binding upon us up to the aforesaid period.

4. We understand that you are not bound to accept the lowest or any bid, you

may receive.

5. If our Bid is accepted, we will provide you with a performance guarantee from

a Scheduled Bank for a sum @ 5% of the contract value for the due

performance of the contract.

6. If our Bid is accepted, we undertake to complete delivery of all the items and

perform all the services specified in the contract in accordance with the

delivery schedule specified in the Section-2 (Tender Information).

7. Until a formal Purchase Order of Contract is prepared and executed, this Bid

together with your written acceptance thereof in your notification of award

shall constitute a binding contract between us.


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

Signature ………………………….

Witness Name ……………………………..

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

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

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


SECTION-9 Part-B

Part I - Price Schedule

S.No

(A)

Item description

(B)

Total Quantity

(C)

Rate inclusive of GST & all taxes

(D)

Rate exclusive of GST & all taxes

(E)

Total amount inclusive of GST &

all taxes

(C X D)

Total amount exclusive of GST

& all taxes

(C X E)

Declaration

1.“We hereby declare that in quoting the above prices, we have taken into account all charges and all applicable taxes.

Name and signature of bidder.


CHAPTER - 5

5. BID BOND GAURANTEE OR EARNEST MONEY DEPOSIT (EMD)

5.1 Purpose

The Bid Bond Guarantee also known as Earnest Money Deposit (EMD) or

Earnest Money Bank Guarantee (EMBG).The purpose of EMD is to get a

commitment by the Bidder to honour its bid during the bid validity period.

5.2 Value

The value of EMD will be @ 2% of the total estimated cost of the equipment/

stores including services proposed to be procured in the tender subject to a

maximum of Rupees Two Crore.

5.3 Validity Period

The validity period of the EMBG should be 30 days beyond the Bid validity

i.e. n+ 30 days, where ‘n’ is number of days in validity period of offer e.g.

150 +30 = 180 days, if the bid validity period is 150 days.

5.4 Extension of Validity Period

In case, where BSNL finds that it is not able to place Advance Purchase

Order within the validity period of the bid, BSNL can request all bidders to

extend the validity of their respective bids and the EMBGs by a reasonable

period. In such cases, extension of validity of Bid Security Bond by 30 days

beyond the extended validity date of bids should also be asked for. While

BSNL can make the request for extension, the bidder is free to either extend

the validity or refuse the request to extend the Validity.

5.5 Release of EMD

5.5.1 EMD of all unsuccessful Bidders should be released on placement of

Purchase Order (PO) on the successful bidders. This should be done within

one monthof release of Purchase Order(s).

5.5.2 In case of successful Bidders, the EMBG shall be released on receipt of

their acceptance of Advance Purchase Order and furnishing the

performance security.

5.5.3 Where BSNL requests the Bidder to extend the validity of the Bid beyond

the stipulated period given in the Bid documents, and the bidder refuses to

extend the validity of its bid, the EMD of such Bidders shall be returned

within one month of receipt of such communication. In such cases, the

bidder shall not be considered for further evaluation or ordering.


5.6 Encashment of EMD

5.6.1 EMD of a bidder shall be forfeited, 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.

5.6.2 When BSNL places an Advance Purchase Order on the successful bidder

on its quoted price and the bidder refuses to accept it within the scheduled

period as stated in APO, EMD shall be forfeited.

5.6.3 The decision of BSNL in this regard will be final & binding.

5.7 Acceptable forms of EMD

The EMD should be in the form of a Bank Guarantee drawn from a

scheduled bank in favour of BSNL. EMD in the form of Account Payee

Demand Draft, Fixed Deposit Receipt or Banker’s Cheque, safeguarding

the purchaser’s interest in all respects, shall also be acceptable. However,

no interest shall be payable on EMD received in form of DD/banker’s

cheque.

5.8 Proforma for EMBG

A Proforma for obtaining EMBG is provided at checked ok Section-7 (A) of

Chapter 4 (Standard Tender Enquiry Document).

5.9 Verification of the EMBG

EMBG submitted by the bidders must be immediately verified from the

issuing Bank before acceptance.

5.10 EMBG Register

A record of all EMBGs should be kept in EMBG Register in standard

formatgiven below. The register should be scrutinized monthly to ensure

currency of validity of Bids, extensions asked and acceded by Bidders, Bid

encashed, Bid refunded etc.

Name

of the

Bidder

Bid

Bond/

EMBG

Number

Amount

of Bid

Bond

Name of

the

Banker

Date

Of

Op

en

ing

Va

lid u

p to

Exte

nsio

n

aske

d fo

r

Exte

nd

ed

Retu

rned

to th

e

Bid

de

r

En

ca

sh

me

nt w

he

re

Reso

rted

***


CHAPTER - 6

6 OPENING OF BIDS

6.1 Opening of bids

Opening of bids is to be done by the Sub-Divisional Engineer/Executive

Engineer concerned. The guidelines for conducting the opening of bids and

the various steps to be taken by the tender opening authority are given in

this chapter. The bid opening is an important occasion when all the bidders,

who have participated in the tender, assemble, their bids opened formally

in their presence and certain information are read out in this open session.

Proper bid opening procedure ensures an impartial and fair approach to all

bidders so that complaints on this account do not arise. The various steps

to ensure these are now described.

6.2 Preparations by the Bid Opening Authority.

The Bid Opening Authorityshould equip itself adequately in advance, to

enable it to carry out its function efficiently during bid opening. These

advance preparation would comprise of the following:

a) Preparing Attendance Register for recording attendance of Bidders.

b) Taking list of bidders who have purchased the bid documents from

Tendering section.

c) Providing adequate number of persons for shifting the documents

from the point of acceptance to the bid opening venue.

d) Ensuring security at the bid opening venue.

e) Making adequate arrangements for issue of passes to enable smooth

entry of the bidders to the bid opening venue.

f) Ensuring provision of public address system, if required, to enable

the bidders to hear information being read out.

g) Making suitable sealing arrangements

h) Making suitable arrangement for receipt, recording and stocking of

the documents.

i) Preparing formats in advance for recording information to be read out

at the time of opening of Bids and preparing its minutes.

j) Preparing direction pointers, notice etc. for display at prominent

location to guide bidders to Bid Opening venue.

6.3 Venue

The Bid Opening would preferablybe conducted in office of Executive

Engineer/Sub Divisional Engineer concerned, which can accommodate


comfortably, BSNL officers forming the Bid opening Team as well as bidders,

who participate in the tender.

6.4 Essential Requirements to enable a Bidder to Participate in Bid

Opening

The participation of bidders in bid opening would be restricted to those

Bidder, who fulfill all the following conditions:

a) Representative of Bidders, who have been authorized in writing by

their principals to participate in the bid opening and possess such

letters of authorization in original.

b) Bidders who claim to have submitted their bids subject to limit of 2

persons per firm.

c) Bidders who have either purchased the bid document or claim to have

downloaded the bid documents from BSNL site.

Those, who do not meet the above conditions would be deemed to be

unauthorized and would not be allowed to enter the Bid Opening Venue and

participate in the bid opening.

6.5 Bid Opening Process

6.5.1 The Bid opening process should start at the time/date given in the NIT.

Suitable entries shall be made in the Attendance Register along with the

signature of the authorized participating bidders.

6.5.2 For the bidders who submit their bids earlier to the date of bid opening, bids

having letter of authorization for submission of the bids and the bids

themselves being submitted as required by the bid documents, would be

accepted by the authority inviting tender (EE or SDE as the case may be),

and a receipt to this effect issued by him to the bidder. In case such bidders

wish to participate in the Bid Opening, the production of this receipt along

with the authorization for the participation in the bid would enable the Bid

Opening Officer to allow such Bidders to enable him to participate. In such

cases, it is the responsibility of the Bid Opening Officer to ensure that such

bids are available, suitably numbered, at the Bid Opening Venue at the time

of Bid Opening. Any bids submitted after the due time as per NIT would be

returned unopened by the Bid Opening Officer.

6.5.3 In case of e-tendering please refer checked ok Section 4 Part C of Chapter

4.

6.6 Information to be read out in Bid Openingfor Manual Bidding process.

6.7.1 Kindly follow instructions stated in checked ok clause 19.3 of section 4

PartA(General Instructions to Bidders).


6.6.1 The Bid Opening Official should politely and firmly turn down queries of any

other nature from any bidder. No argument should be entertained on this

account by the Bid Opening Officer.

6.6.2 Actual process of Opening of Bids should start only after all the received

bids shifted to the Bid Opening Hall under supervision and responsibility of

Bid Opening Officer. All the received bids should be arranged in

alphabetical order as per the name of the firm submitting the bids &

thereafter numerically counted & numbered viz.1/n,2/n….…n/n where n is

the no. of total bids received in the tender, entered in the Bid Opening

Register. Where the response to the tender is very extensive, the Bid

opening Officer may restrict entry to the venue to only one representative

per bidder.

6.6.3 At the start of the Bid Opening and prior to opening the first bid, the Bid

Opening officer should clearly state the information which will be read out

by him.

6.6.4 Bids should be opened in the numerical numbering. The Bid Opening

Officer should display the intactness of the seal of the bid being opened,

prior to opening it, to all the participants, record this and initial this entry and

should thereafter open the Bid. He should check up and ensure that the

original bid its mode of submission are as per the Bid Documents. After

opening the Bids, he should read out the information as given in clause

checked ok 19.3(iii &iv) of Section4 PartA(GIB) from the original copy of the

bid, record the information read out in the appropriate format, encircle the

entries in the Bid in red ink and initial these in the Bid before proceeding to

the next item of the Tender.

6.6.5 The bid opening Authorityshall record in its report itself if bid security is not

submitted as per checked ok clause 12.1 & 12.3 of Section-4 Part A of the

Bid Document or bid validity is less than the time prescribed in checked ok

clause 13.1, Section-4 PartA of the Bid Document.

6.6.6 In case of e-tendering process please refer Section 4 Part C of Chapter 4.

6.7 Report of the Bid opening Authority

6.7.1 In all cases, it should be ensured that the bid opening is completed on the

same calendar day. The bid opening Authoritywould be responsible for

preparation of its report on the same day of the bid opening or maximum

the next day to the bid opening, in case the bid opening drags on well

beyond the closing hours of the office.

6.7.2 The bid opening reports should comprise of the following :

a) List of participants who attended the bid opening.

b) Report on the bid opening duly prepared by the bid opening official and


signed by him along with other members of the bid opening team

certifying that only those bidders who were eligible to participate, were

allowed to participate.

c) Information regarding item read out.

d) Submission of Bid documents, bidder-wise were as per Bid conditions

to be indicated.

e) Statement that all steps taken to preserve the sanctity of the Bids.

f) Certificate regarding proper storage of Bids, after the Bid opening, in

secured area.

6.7.3 Submission of Bid Opening Report

The Bid Opening Authorityshould submit the report of the Bid Opening and

recommendations on the bid to the tender accepting authority.

6.8 Making Over of Bids

6.8.1 The Bid Opening Authorityshould make over the bid opening report along

with the complete set of the bids and other documents after the opening of

the bids to the accepting authority.

***


CHAPTER –7

SCRUTINY OF TENDERS

In case of tenders falling beyond the competency of Executive Engineer, after opening the tenders in the manner mentioned in Chapter-6, and keeping a record as given, and preparation of comparative statement, the Executive Engineer will send the same to the office of the Superintending Engineer/Chief Engineer (i.e. the tender accepting authority concerned) and the detailed scrutiny will be done in the office of that accepting authority. The market rates for preparation of justification will, however, be sent by the Executive Engineer.

In case of tenders within the powers of Chief General Manager (BW) /Central Works Board, complete scrutiny will be done in the office of the Chief Engineer concerned.

PROCESSING AND ACCEPTANCE OF TENDERS

For processing and acceptance of tenders, the procedure as described in

CPWD Works Manual 2014 (with upto date correction slips) and as applicable for

procurement of services in BW unit of BSNL shall be adopted.The existing

instructions regarding delegated financial powers and as applicable for

procurement of services for BW unit of BSNL shall also be applicable for these

procurements.


CHAPTER 8

8.1Check-List for Requisition of equipment/goods before placing Purchase

Orders

8.1.1While the Purchase Proposal is under approval, Planning unit of Tender

approving authority should request the concerned field unit to furnish the details

required for incorporating in the APOs/ POs. Following information is to be given

by the field units before placement of Purchase Orders:

S.No. Item Status

(Y/N)

1 Sanction particulars of P/E with date of Sanction

2 Head of Account

3 Particulars of Paying Authority

4 Full details of Consignee/ ultimate Consignee with

complete address and Pin Code

5 Detailed Material List clearly indicating the

Quantity

6 Certificate regarding availability of Funds

7 SSA-wise/ Site wise distribution of quantities

(signature)

EE (C)/ SDE (C)

8.1.2Incomplete requisitions not containing above data will be returned

forthwith.


CHAPTER – 9

PERFORMANCE BANK GUARANTEE

9.1 Purpose

Performance Bank Guarantees are obtained from suppliers to ensure

performance of the contract as specified in the purchase order including

warranty for satisfactory working of the equipment and stores during the

warranty period. This also serves to cover the risk of the BSNL during the

performance of the contract.

9.2 When Required

After a tender has been evaluated and the purchase proposal of the BSNL

to place orders on the bidders has been approved by the competent

authority, a formal letter of intent(Advance Purchase Order) is placed on the

supplier. The supplier is required to furnish bank guarantee for an amount

equal to 5% of the value of Advance purchase order from a Nationalized/

Scheduled Bank in a standard format within two weeks from the date of

issue of letter of intent. The acceptance of the letter of intent by the supplier

as well as furnishing of the Bank Guarantee would result in the issue of

formal purchase orders.

9.3 Validity of Performance Security

9.3.1 The validity period of Performance Security in the form of

Performance Bank Guarantee should be 12 months beyond the stipulated

date of completion.

9.3.2 In no case it should be less than the period by which all the

contractual obligations of the bidders in the respective tenders are likely to

be fulfilled.

9.3.3 BSNL may ask for extension(s) of the validity period till the time all

contractual obligations have been satisfactorily performed by the supplier.

9.4 Action to be taken on Receipt of Bank Guarantee from the

Supplier

9.4.1 Examination for Accuracy: The first action to be taken on receipt of

bank guarantee from the supplier is to examine the genuineness of the bank

guarantee in the light of standard format prescribed as well as a formal

check with the bank.

9.4.2 Acceptance of Bank Guarantee: Acceptance of Bank Guarantee is

issued to the concerned bank after its genuineness has been examined and

entries made in the Register. The acceptance letter is issued to the


concerned bank with a copy to the supplier.

9.4.3 Entry in Bank Guarantee Register: After the genuineness has been

established, it is entered in the Bank Guarantee Review Register with

reference to the amount and the date of validity supplier-wise. The format

of the register is enclosed. The entry of the bank Guarantee in the Register

is done in the space allocated to the month and year on which it expires and

not the month and year of the issue of the Bank Guarantee i.e. entries in

the register indicate expiry date of the bank guarantee, thereby enabling

them to be monitored in case renewals are required.

9.4.4 Periodic Monitoring of Register: A periodic monitoring of the status

of the validity of the bank guarantee vis-à-vis the performance of the

supplier against the contract is necessary to ensure that the bank guarantee

is available to BSNL, if required.

9.5 Importance of Bank Guarantee Register

Bank Guarantees are one of the remedies available to the BSNL for

covering risk during the performance of the contract. It is therefore

necessary that bank guarantee be properly entered in the register and

monitored so that these remedies are available. Monthly checks of all the

pending bank guarantees which expire in the next three months are

necessary. All bank guarantees which are likely to expire during the next

three months, should be followed up with regard to the performance of the

supplier against the contract. In case the supplier has satisfactorily

performed this contract, then no further action will be taken. However, in

case the supplier has not performed satisfactorily, then it would be

necessary to ask for an extension of validity of bank guarantee for a further

period of 3 months to 1 year so that these remedies would continue to be

available to the BSNL. Therefore, when the monthly check-up of the bank

guarantee register is carried out, the bank guarantees likely to expire in the

next three months needs to be separated out in two categories viz.

a) which are by and large OK and

b) where extensions need to be asked for immediately.

9.6 Extension of Bank Guarantee

9.6.1 If extension of the Bank Guarantee is required then the supplier

should be intimated at least two months before the expiry date for furnishing

the extension well in time. If extension is not received 15 days before the

expiry of the Bank Guarantee, then a formal letter should be issued to the

bank asking for revocation unless the Bank Guarantee is extended as per

BSNL requirements. If the Bank Guarantee is not extended then it should


be encashed as per para 9.9.2.

9.6.2 It should be ensured that the Bank Guarantee is not allowed to expire

in any circumstances.

9.7 Operation of the Set-off Clause

Till now the suppliers are being asked to furnish bank guarantee for each

purchase order. At present, there is no practice for an omnibus bank

guarantee, covering say one year. In order to cover risk element, the

purchase order should contain a set-off clause which will enable BSNL to

encash any bank guarantees against any other purchase order given by the

same supplier. Therefore, it is prudent to keep all the bank guarantees of a

supplier recorded at the same place in the register so that the operation in

the set-off clause wherever felt necessary could be under taken without any

problem.

9.8 Release of Bank Guarantee

Before bank guarantee is released, it should be ensured that the equipment

/ goods has been taken over satisfactorily by BSNL, no claim is pending

against the supplier and that the equipment are working satisfactorily during

warranty period. The combination of "taken over" certificate and "no claim"

certificate will lead to release of the bank guarantee to the supplier.

9.9 Encashment of Bank Guarantee

9.9.1 This is resorted to where the supplier fails to honour its contractual

obligations. The precaution to be taken is to ensure that the bank guarantee

is still valid. A formal letter to the bank giving particulars of the guarantee

number asking for revocation of the Bank guarantee in favor of the BSNL,

needs to be issued.

9.9.2 Even in case where BSNL has asked for extension well in advance,

the extension has not been given by the bank, then it is within the rights of

the BSNL to encash the bank guarantee just prior to the date of expiry and

the bank is bound to honour this revocation.

9.10 Acceptable Forms of Performance Security

The Performance Security should be in the form of a Bank Guarantee

issued by a scheduled bank in favour of BSNL. Performance security in the

form of Account Payee Demand Draft, Fixed Deposit Receipt or Banker’s

Cheque, safeguarding the purchaser’s interest in all respects, shall also be

acceptable. However no interest shall be payable on this account.


9.11 Format of Performance Security (PBG)

A model format of Performance Bank Guarantee is provided at Section-7

(B) of Chapter 4(Standard Tender Enquiry Document).

9.12 Verification of the Bank Guarantees Bank Guarantees submitted by the bidders as Performance security or additional bank guarantee must be immediately verified from the issuing Bank before acceptance


CHAPTER –10

10 ADVANCE PURCHASE ORDER

10.1 Purpose

The purpose of the Advance Purchase Order (APO) is to formally intimate

the successful bidder/bidders of the intention of the BSNL to procure the

equipment.

10.2 Contents

The APO shall contain the following information:

a) File number, date and reference of Tender Enquiry No. and submitted

bid reference No.,etc.

b) Equipment / goods to be procured with quantities/price.

c) Technical Specifications

d) Commercial conditions governing the contract.

e) Finance aspects such as advance payable (if any), amount of

Performance Bank Guarantee along with format of the Bank

Guarantee.

f) Delivery Schedule.

g) Period within which the Bidder has to confirm acceptance to the APO

along with the performance bank guarantee.

h) Annexures comprising Sections-3 Part B , 5 Part A, 5 Part B of the bid

document, AMC draft, scope of work, detailed bill of material, make-

model list, etc

10.3 Format

Format of an APO is given below for ready reference.


ADVANCE PURCHASE ORDER FORMAT

Bharat Sanchar Nigam Ltd.

(A Govt. of India Enterprise)

(Insert office address and contact details)

File No………………………… Dated…………………

APO NO: ……………………………

To,

<complete address of the Vendor>

Subject: Placement of Advance Purchase Order for supply

of ………………………………….

Reference: (i) This office T.E. No………………………………Dated……………

(ii) Reference of clarifications issued update

(iii)Your Bid Ref. No……………………………… Dated …………..

Dear Sir,

On behalf of BSNL, an Advance Purchase Order (APO) is hereby placed

on you for the supply of …………….. as per the technical specifications,

commercial & special terms & conditions of the tender under reference. The APO

is likely to be converted into detailed Purchase Order after receipt of your

unconditional / unequivocal acceptance to this APO along with PBG for an amount

of Rs…………….. The Bank Guarantee to be furnished should be strictly in BSNL

format issued by an Indian Nationalized/ Scheduled Bank. The Bank Guarantee

should be valid for a minimum period of……………….. and may be submitted in

duplicate (one original copy & one photo copy). This APO is governed by the

General (Commercial) Conditions of Contract (Attached as Annex-A), Special

(Commercial) Conditions of Contract (Attached as Annex-B) and the Special

(Technical) Conditions and Technical Specifications (Attached as Annex-C). The

subject APO is being placed on following terms & conditions.

1. Conversion of the APO into Purchase Order

The APO is likely to be converted into detailed Purchase Order (PO) after

receipt of your unconditional/ unequivocal acceptance of this APO along

with Performance Bank Guarantee (PBG) for an amount of

Rs…………………… with all other documents and information as called for


in this APO. The PBG to be furnished should be issued by a

Nationalized/Scheduled Bank and strictly in accordance with the BSNL

format .

2 Quantity

………..

3. Prices

The supply shall be governed at unit prices on all inclusive basis i.e. Excise

Duty, Sales Tax, packing, freight, forwarding, insurance etc but excluding

octroi/entry tax which shall be paid extra as per actuals, wherever applicable.

The price shall further be governed in accordance with clause No.12 and 24

of Section-III of Bid-document. The detailed prices are given below:

Sl.

No

Item Qty.

Nos.

Approved price

including all taxes

and charges in

Rs.

Total Amount in

Rs

4. Delivery Period

4.1 ………………….

(The detailed month wise-supply schedule shall be mentioned)

(installation commissioning period, if any shall be mentioned).

4. 2 The equipment / goods supplied will be strictly in accordance with the

specifications laid down by the BSNL. The supply shall be made only after

Engineer-in-charge has carried out necessary inspection/testing and

approved the equipment/goods for supply to BSNL.

5. Payment terms

5.1 The payment schedule will be as under (The payment schedule shall be

mentioned):

5.2 The payment shall be made in Indian Rupees

6. Warranty

The warranty of the equipment / goods will be for 12 months period starting

from the date of the completion of supply/works. The supplier will provide

support service during this warranty through its factory facilities or its


Regional Repair centers. The warranty of the equipment / goods shall be as

per checked ok clause No. 10 of General (Commercial) conditions and

clause No.……. of Special (Commercial Conditions, if any).

7. Delayed supply and LD

8. Fall Clause:

9. Annual Maintenance Contract (AMC)

Terms & conditions of AMC are attached as Annexure-G.

10. Scope of the Work.

The scope of work will be as under ( as per Annexure).

11. Technical Specifications.-

12. Security Agreement

Acceptance of APO shall imply that you will sign the Security agreement as

required vide Security clause No.36 of Section 4 Part A of tender document,

if applicable.

13. BSNL reserves the right to cancel Purchase Order if the agreed delivery

schedule is not adhered to by the supplier. Any loss arising out of such

delays in the supply of the equipment shall be on the supplier account.

14 The supplier shall submit unconditional acceptance to all the technical,

commercial clauses/conditions of the tender document, GR and

clarifications issued, along with acceptance of the APO and submission of

PBG within 14 days from the date of issue of this APO failing which the APO

is liable to be cancelled without prejudice to BSNL’s right to take actions as

per provisions of tender document

15. This APO & PO/Contract is subject to jurisdiction of Court at …….. only.

Yours faithfully

EE (Civil) / SDE (Civil)

Enclosures:-


1. General (Commercial) Conditions of Contract (Annexure-A) - …… pages.

2. Special (Commercial) Conditions of Contract (Annexure-B) - …... pages.

3. Technical Specifications (Annexure-C) …… pages.

4. Detailed Bill of Material (Annexure-D) ….. pages.

5. Make & Model List (Annexure-E) …… pages

6. Circle wise (or SSA wise) allocation list (Annexure-F) …… pages

7. Terms and conditions of AMC (Annexure-G) …… pages.

Copy to :

1. PCE (C) / CE (C)

2. SE (C)

3. SDE (Civil) concerned

4. Office copy.

***


CHAPTER –11

PURCHASE ORDER

11.1Conditions for issue

The issue of Purchase Order in any procurement is subsequent to the

following conditions being met:

a) The Tender is approved by the competent authority.

b) The purchase proposal being approved and concurred by the

competent administrative authority and finance advice.

c) The successful bidder/bidders accepting the Letter of Intent/Advance

Purchase order containing all the commercial clauses and prices

unconditionally.

d) The successful bidders providing the required Bank Guarantee from

the Nationalized/ Scheduled Bank.

e) The Purchase Order shall be issued on firm prices only.

f) Any other condition required to be met.

11.2 Competent Authority to Issue Purchase order

On the fulfillment of the conditions necessary to issue the Purchase Order,

the designated EE (Civil) / SDE (C) would be competent authority to issue

the Purchase Order.

11.3 Purchase Order Format

A sample format of purchase Order is given in checked ok Annexure11.1

for ready reference.


Annexure- 11.1

PURCHASE ORDER FORMAT


(A Govt. of India Enterprise)

(Insert office address and contact details)

File No.__________________

Dated__________

PO NO……………………………………..

Subject:- PURCHASE ORDER FOR THE SUPPLY OF …………………………..

______________________________________________________________

1 Name &

Address of

Contractor

:

2 Name of

Purchaser

: Bharat Sanchar Nigam Ltd.,.

A Government of India Enterprise

(Hereafter referred to as Purchaser).

3 Purchaser’s

reference

I T.E.No……………………………………………

Ii BSNL APO No…………………………………..

4 Contractor’s

reference

i

ii

iii

Your acceptance to above APO vide your letter

No. …………..

5 Scope of the

PO

:

6 Consignee

Details,

Paying

Authority etc.

:

7 Delivery

Schedule

7.1 The total delivery period for supply of …………… equipment

shall be …………..from the date of placement of Advance

Purchase Order. The first …………..months shall be for

validation and lead time for preparation. The supplies shall be


evenly distributed month-wise and circle-wise as given

below:- (The delivery schedule will be mentioned)

7.2 If the supplier fails to complete the supply during the original

delivery period, the purchaser reserves the right to cancel the

Purchase Order & take action according to the terms &

conditions of the tender.

8

Performance

Bank

Guarantee

: M/s……….has accepted the APO unconditionally/

unequivocally & has furnished performance bank guarantee

for an amount of Rs………….. vide BG

No. ……….dated ……… by………….. and this PBG is valid

upto …………...

19 Quantity and

Price

The detailed prices are given below:

Sl.

No

Item Qty.

Nos.

Approved price including all

taxes and all charges in Rs

Total amount in Rs

11 Specification : The complete goods /equipment supplied shall be strictly in

accordance with stipulated specifications as contained in

tender document and all other amendments & clarifications

issued/ to be issued by this office.

12. Insurance : The equipment shall be got insured by the Contractor up to a

minimum period of……………..days after store is delivered to

the consignee. The supplier will be responsible till the entire

quantity of the stores ordered for arrival in good working

conditions at destination is received by consignee. The

consignee will immediately but not later than prescribed

period of insurance of arrival of the stores at the destination

notify the contractor of any loss or damage to the store that

may have occurred during transit. The period of insurance

cover will be indicated by the contractor to consignee/ paying

authority. In case of any loss/ damage during transit the case


will be lodged by supplier with the concerned authority on

receipt of report from the consignee/ paying authority. The

store should on no account be dispatched, delivered without

getting them tested/ accepted by Engineer-in-charge.

13 Installation

&Commissioning

:

14 Repair Center : If mandated as per contract provisions, the supplier shall have

to establish nodal repair centers in India for undertaking repair

of faulty goods/equipment.The turnaround time for such

repairs shall be maximum 21 days The supplier shall clearly

intimate the site for such repairs in advance.

15 15 Training :

16 Documentation :

18 Warranty :

19 Other conditions

of the contract

19.1 The supply of ………….equipment shall be governed as per

General (commercial) conditions of the contract given in

Annex.-B and special conditions of contract given in Annex.-

C and as per procurement manual ………..

19.2 The entire supply shall also be governed as per all terms &

conditions as laid down in the bid document of the tender

enquiry and as modified from time to time. Any

amendment/clarification/modification issued /to be issued

shall also be applicable for this supply. However, wherever

there is a conflict, special conditions as given in section IV of

bid document and conditions given in this Purchase Order will

prevail over the general conditions given in section 4 part A

in the bid document.


20 F Fall clause :

21. Jurisdiction of Court : This PO/Contract is subject to jurisdiction of Court at ---(Name of

place)only

Executive Engineer/Sub Divisional Engineer (Civil )

Enclosures:-1.General (Commercial) Conditions of Contract (Annexure-A) - ……

pages.

2. Special (Commercial) Conditions of Contract (Annexure-B) - …...

pages.

3. Special (Technical) Conditions & Technical Specifications

(Annexure-C) …… pages.

4. Detailed Bill of Material (Annexure-D) ….. pages.

5. Make & Model List (Annexure-E) …… pages

6. Circle wise (or SSA wise) allocation list (Annexure-F) …… pages

7. Terms and conditions of AMC (Annexure-G) …… pages.

Copy to :

1. PCE (C) / CE (C).

2. SE (C)

3. SDE (C) ………………..

4. …………………..

Yours faithfully

( )

.

***


CHAPTER –12

12 PRICING AND PRESERVATION OF THE TENDER DOCUMENTS

12.1 Pricing of the tender documents

12.1.1 The company incurs expenditure for the preparation of bid

documents. It is also desirable that only the genuine prospective bidders

should acquire these bid documents to avoid wastage. With this in view, it

is decided that the bid documents to be issued to the prospective bidder

must be sold at the pre-determined price. The price of the document is

determined on an estimated cost of procurement and is indicated below:

Sl.No Estimated cost of tender Bid document price

I Upto Rs 1 Lakh Rs 100/-

ii Above Rs 1 Lakh and upto Rs 50 Lakh Rs 500/-

iii Above Rs 50 Lakh and upto Rs 1 Crore Rs 1,000/-

iv Above Rs 1 Crore and upto Rs 10 Crores Rs 2,000/-

v Above Rs 10 Crores and upto Rs 50 Crores Rs 4,000/-

vi Above Rs 50 Crores and upto Rs 150 Crores Rs 8,000/-

vii. Above Rs 150 Crores Rs 10,000/-

Note: Bid documents for limited tenders of estimated cost uptoRs 50,000/-

(Rupees Fifty Thousand Only) may be issued free of cost. However,

bid documents for limited tenders of estimated cost above Rs

50,000/- may be priced as per the details given above. Applicable

GST will be charged over and above the bid document price.

12.2 In case of tenders invited through e-tendering process Tender Document,

Clarifications issued by purchaser, Bid data downloaded during the Tender

Opening events shall be saved & backup of same shall be kept on suitable

media such as DVD/CD under signature of all Tender opening Officers.

The data saved as above shall be used as reference for providing details

of bids if required in future by any agency.

***


CHAPTER - 13

CONCESSIONS TO MSE UNITS

13.1 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.

13.2 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.

13.3 Exemption from payment of Bid Security deposit /Earnest

Money Deposit

The MSE units registered with bodies as detailed in para 13.1 above shall

be given exemptionfrom payment of Bid Security deposit provided the

tendered item is listed in the Registration Certificate of MSE.

a) A proof regarding current registration with bodies as detailed in para 13.1

above for the tendered items will have to be attached alongwith the bid.

b) The enlistment certificate issued by bodies as detailed in para 13.1

should be current & valid on the date of opening of bid.

***


CHAPTER - 14

Copies of Letters / Circulars / Annexures

Guidelines for procurement of Decentralized items.

[Jt.DDG (MMS) BSNL CO No.60-8/2000-MMS/508Dated 21-06-01]

1. Kindly refer to this office letter of even No. dated 11.4.2001 wherein

the decision of BSNL, Board was intimated to Heads of Telecom

Circles for the items required to be purchased through centralized /

decentralized procurement.

2. It has now been decided that the following guidelines may be followed

by the Circles for procurement of the decentralized items.

3. Procurement shall be done following transparent tendering procedure

in consistence with the overall procurement policy of the BSNL.

4. While procuring, the existing inventory and inventory in the pipeline

should also be accounted for. Circles should take into account their

consumption pattern while assessing their requirements. Utmost care

should be taken to ensure that piling up the inventory is avoided. Care

is also to be exercised in assessing the requirement of items where

no norms are prescribed.

14.4Clarification regarding acceptance of Single Tender Cases.

[ADG (WSF) BSNL CO No. 6-15/2000-EB(Pt.III) Dated0 8-04-05]

14.4.1 A letter was issued by MM Cell vide 51-1/04-MMC/696 dated

11.10.04 (Annex.) whereby it was clarified that a similar case related to

procurement of switching equipment by Punjab Telecom Circle through

open tender, in which only one bidder was found techno commercially

responsive was examined at HQ level. Instructions were issued with the

concurrence of Member (Finance), Telecom Commission vide letter No.

380-09/2000 –TPS (Inet) dated 5.5.2000 (annex.II) that “a limited or single

response to an open tender will not be viewed as a case of single tender”.

14.4.2 . Meanwhile, ‘WS` Cell had issued instructions vide letter of even

number dated 10.2.2005(annex.III) whereby it was mentioned that

delegated financial powers under item no. 17.3 –“Award of work by

accepting single tender where open tenders have been called for any and

only one tender was received” should be exercised by invariably following

Rule 441-C P&T Manual Volume II.

14.4.3 . Due to above two diverse instructions on the same issue,

there was confusion in field units on issue of manner for deciding Single

Tender cases and some references have been received in this regard.


The issue was brought before the Management Committee, which has

approved that:

Single tender cases should be decided as per the MM Cell instructions

issued vide letter No. 51-1/04-MMC/696 dated 11.1.0.04 (annex.I) which

clarifies that “A limited or single response to an open tender will not be

viewed as a case of single tender”, subject to condition that the competent

authority will approve the tender with the concurrence of his IFA after

satisfying himself/herself that the Tender Evaluation Committee has

recommended the case after verifying the following conditions:

(a) Wide publicity was given for the subject tender.

(b) Tender specifications are generic in nature

(c) Qualified bidder meets all the tender specifications, terms and

condition

(d) Rates are reasonable

(e) All the guidelines/policies regarding procurement of telecom

equipment and stores in BSNL are observed.

(f) In all such cases approval of single tender will be reported to the

next higher authority for information.

This letter supersedes our earlier letter of even number dated 10.2.2005.

All the field units are requested to follow the above instructions strictly for

deciding the single tender cases. In consonance with above, BSNL BW unit

has also issued similar clarification to all field units vide Letter No. 16-

14/2016 W(T) dated 05/01/2018.

14.5 More Participation of OEMs in tenders

[AGM (MMY) BSNL CO No. 3-2/2007-MMT/Vol.I/Pt.I Dated 01-05-09]

I have been directed to communicate that stress should be laid for more

and more participation of OEMs in our tender. Whenever sufficient OEMs

participation is anticipated, eligibility conditions may be framed such that

OEMs only are allowed to participate. In case where it is felt that sufficient

prospective bidders in terms of OEMs would not be available then only they

should authorize not more than one front bidder to bid on their behalf.

14.6 Advertisement in NIT in newspapers

[AGM (MMY) BSNL CO No. 3-2/2007-MMT Dated12-06-09]

A clause on the subject is incorporated in Section-I (NIT) just below the

“concise format” in Procurement Manual mentioned as under and will have

immediate effect.


Clause in Procurement Manual: - “The procedure for publication of NIT in

concise format in one National Daily with wide publication along with its

display in detail on BSNL website having a link with NIC will be mandatory

for a tender for and above thresh-hold value of Rs.25 lakhs in case of

procurement of goods/materials/equipments and Rs.10 lakhs in case of

tender for hiring of services. For tenders below Rs.25 lakhs in case of

procurement and below Rs.10 lakhs in case of hiring of services, display of

NIT on BSNL website with form downloadable facility and sending it to

minimum six eligible bidders will be mandatory”.

14.7 Provision of a Penalty clause

[ADG (MMY) BSNL CO UO.No. 3-2/2004-MMT/Pt.III Dated 18-08-06]

The planning cells of BSNL Corporate office while processing the case of

procurement should make provision of a Penalty clause in the special

condition of the contract for delay in installation & Commissioning of the

turnkey projects.

This issues with the approval of Director (Plg. &NS).

14.8 Procurement of material/stores in emergent cases

[ADG (MMY) BSNL CO No. 3-2/2004-MMT/Pt.-II Dated 05.08/09-05]

It has been brought to the notice of BSNL H/Q by different field units that

the flow chart of Procurement existing in our Procurement Manual does not

cater for the procurement of materials/stores in limited time i.e. in emergent

cases such as meeting the needs in natural calamity and to provide

specialized services to valuable customers on demand in their specified

time frame.

The case was examined in BSNL H/Q and the position is clarified as under :-

The time limits prescribed for various activities in the flow chart existing in

the Procurement Manual are the maximum limits. These can always be

suitably compressed by field units as per need and circumstances. In fact,

every effort must be made to finalize the tenders as early as possible.

However, the minimum time from issue of NIT to opening of tender may be

kept as 7 (Seven) days. Any clarification to the queries of any prospective

bidder may be replied at least one week before the date of tender opening.

Accordingly tenders may be finalized expeditiously.

14.9 Frequent violation of tender procedure – Issue of instructions –

Regarding.

[ADG (MMY) BSNL CO No. 3-2/2004-MMT/Pt.-II Dated 10-11-05]

Union Public Service Commission has adversely commented against the


violation of tender procedure in BSNL and emphasized the need of a

deterrent mechanism to check the possibility of any irregularity in purchase

of equipment/stores.

The BSNL has already updated its Manual of Procurement in the June 2003

to cope with the need of PSU taking care & incorporating views of various

field units, guidelines/instructions of CVC/DOT and other Govt. agencies

and issued to all field units, alongwith its availability on BSNL website for

strict adherence. The guidelines/instructions received from CVC and DOT

are also issued to all field units from time to time and posted on BSNL

website.

Once again it is reiterated to make all efforts for bringing transparency &

probity in purchase and strictly follow the norms stipulated in Procurement

Manual & Addendum/Amendment issued thereof, and also

guidelines/instructions issued from this office regarding procurement, which

can be downloaded from BSNL website also for ready reference.

Responsibility should be fixed and deterrent action may be initiated for any procedural lapse and deviation from norms of procurement. Matter may also be reported to this office for information and further action if needed in the matter.

This issues with the approval of competent authority.

14.10 Procedures to be followed while signing/ sending the files

containing agreements/ contracts etc., for the signature of the

authorized signatory.

[CS&GM(Legal) BSNL CO No. BSNL/SECTT./21-1/2002 Dated 03-04-07]

Ref:- Circulars of even number dated 7.11.2003, 16.4.2004, 30.6.2004,

18.1.2005, issuing guidelines on the above subject.

1. As all concerned are kindly aware, Powers of the Company are

vested in the Board, which are exercised by the Board in accordance

with the provisions of the Companies Act 1956, Memorandum and

Articles of Association of the Company and the guidelines issued by

the Government. Accordingly, the Board of Directors, for smooth

operation of the company’s business, delegated some of the powers

of routine management to the officers below the Board level. Such of

the officers piloting the agreements/contracts are, responsible and

liable for ensuring performance of the obligations that may/will arise

from such agreements, contracts etc., in the paramount interest of

the Company. Therefore, vide the circulars of this unit, detailed

procedural compliance to be adopted by various units were issued

time to time.


2. With the introduction of the e-governance and compulsory e-filling of

statutory documents, (i) each of the Director of a Company has been

allotted a unique Director Identification Number [DIN]; and (ii) each

of the company registered under the provisions of the Companies Act

1956 has been assigned a unique Corporate Identity Number [CIN]

by the Ministry of Company Affairs. With this, now, quoting of the DIN

and CIN – which are the unique numbers identifying the Directors

and the corporate entity - has become imperative in all the company

related statutory documents filed with the appropriate authorities.

3. Agreements, Contracts and MoUs etc., are being entered

into/signed/proposed routinely. With a view to protect and further

strengthen the commercial interests of the BSNL, it has been decided

that, in future, in addition to the procedural requirements laid down

earlier, the piloting/nodal officers of such Agreements, Contracts,

MoUs shall also obtain the Director Identification Number [DIN] and

the Corporate Identity Number [CIN] of such other body corporate

and place them in the respective files. For the sake of reference, the

procedural compliance to be followed is enclosed as Annexure A,

which needs to be followed conscientiously.

This issues with the approval of Chairman and Managing Director

ENCL: As above.

ANNEXURE A

PROCEDURAL COMPLIANCE TO BE ENSURED BY EACH OF THE UNIT

PILOTING AGREEMENTS, CONTRACTS, MOUS TO BE ENTERED INTO

OR TO BE SIGNED WITH OTHER BODY[IES] CORPORATE

A. DOCUMENTS TO BE KEPT IN THE RESPECTIVE FILES

1. A printed copy of the latest Annual Report of such Other Body

Corporate(s)/Firm(s) ‘or’ Association(s) of Persons etc. with whom the

Agreement / MoU is contemplated to be entered into/to be signed, in

case the printed copy is not available, Xerox copy of the same duly

certified by the Company Secretary/Director/Managing

Director/Partner of such Company/Firm;

2. An updated copy of the Memorandum of Association and Articles of

Association of the Company;

3. List of all the Directors including their name(s) and address (es)

alongwith contact telephone numbers of office and residence;

4. Certified true copy of the Board’s Management’s Resolution

authorizing the official of such other Body Corporate(s) / Firm(s) ‘or’

Association of Persons etc. to sign. Agreement/Contract/MoU on their


behalf by the such Other Body Corporate(s) / Firm(s) ‘or’ Association

of Persons etc. to sign Agreement/Contract/MoU;

5. Specimen signature(s) of such authorized official duly attested by such

Company’s/Firm’s Banker; and

6. Director Identification Number [DIN] of all the Directors of such other

body corporate; &

7. Corporate Identity Number[CIN] of such other body corporate

B. ACTION TO BE COMPLETED BEFORE SIGNING/BEFORE SENDING THE

FILE

TO THE AUTHORISED SIGNATORY/DIRECTOR(S) FOR SIGNATURE

A self-contained note, indicating the

(i) approval of the competent authority for the proposed agreement,

contract, expression of interest, MoU etc.,

(ii) certificate evidencing the receipt of the documents prescribed at [A]

above,

(iii) and a copy of the document duly initialed on each page by the head

of the respective nodal branch piloting/executing the agreement

concerned; and the signature of the such other body’s authorized

signatory duly witnessed, shall be sent, with the following certificate at

the close of the note sheet:-

“The unit concerned has satisfied itself with regard to

(i) the particulars of the entity with whom the agreement is proposed to

be entered into;

(ii) the authorization of the signatories of such other entity; and that,

(iii) the said document / agreement is in accordance with the draft

approved by the competent authority; and each page of the document

has been initialed by the competent authority. Further certified that the

officer next in charge has been briefed about the contents of the

agreements and the legal obligations/compliances to be fulfilled, so as

to protect the interests of the BSNL”

[Annexure to Circular No.BSNL/SECTT/21-1/2002, dated 03.04.2007]


CVC Circulars regarding Negotiations

No.OFF-1-CTE-1(Pt.) VIII

Government of India

Central Vigilance Commission

Satarkta Bhawan, Block-A,

4th Floor, GPO Complex,

INA, New Delhi

Dated: 02 May, 2005

To

ShriAvinashAgarwal,

Jt. DDG (MMT),


Statesman House, Barakhamba Road,

New Delhi-110001

Sub: Procurement of Materials through open tender – counter offers procedure.

Sir,

Please refer to your letter No.3-2/2004-MMT dated 9/10-3-2005 on the

subject cited above. In this connection, it is informed that the procedure

being adopted by BSNL in case order is to be placed on more than one

bidder, does not appear to be in order. Counter offer simultaneously to L-2,

L-3 bidders alongwith L-1 bidder is against the Commission’s guidelines of

negotiations with L-1 bidder only. Further as per BSNL procedure, if lower

quoting firm backs out, inter-se ranking is recast and counter offer is made

to next eligible bidder in the ranking, while as per Commission’s instructions,

in a situation where L-1 backs out re-tendering is to be done.

2. It is therefore, advisable that even is case where order is to be placed on

more than one bidder, counter offer is initially made to L-1 bidder only. Only

after L-1 bidder accepts the counter offer, L-2 bidder is offered the counter

offered rate and so on.

3. Please acknowledge the receipt.

Yours faithfully,

(P.K. Kanchan)

Technical Examiner


No.OFF-1-CTE-1(Pt.) VIII

Government of India


SatarktaBhawan, INA,

GPO Complex, Block-A

New Delhi:110023

Dated: 17 Aug, 2005

To

ShriAvinashAgarwal,

Jt. DDG (MMT),


Statesman House, B-148, Barakhamba Road,

New Delhi-110001

Sub: Procurement of Materials through open tender – Counter offers Procedure.

Sir,

Please refer to your letter No.3-2/2004-MMT dated 5-7-2005 on the subject

cited above. In this connection, it is stated that the post tender negotiations

include counter offers also.

Yours faithfully,

(P.K. Kanchan)

Technical Examiner

For Chief Technical Examiner




Bharat Sanchar Bhawan, Janpath

New Delhi-110001

(MMT Section)

F.No. 3-2/2004-MMT/Pt.-II Dated: 27.07.2007

To

All Chief General Managers,

Telecom Circles/Telecom Districts/Telecom Projects/

Maintenance Regions/Task Force/Telecom Stores, Kolkata/

NCES/DATA Networks/Telecom Factories/

QA Circle/T&D Circle.

Subject:- Tender process – Negotiations with L-1.

Kindly find enclosed herewith a Circular No. 4/3/07 of letter No.

005/CRD/012 dated 03.03.2007 from Central Vigilance Commission, Govt.

of India, Satarkta Bhawan, Block-A, GPO Complex, INA, New Delhi-110023

on the above cited subject for necessary action please.

Encl. – As above.

(S.P. Singh)

ADG (MMY)

Copy for kind information to :—

1. PS to CMD, BSNL Corporate Office, New Delhi.

2. Director (Plg. & NS)/(Operation)/(HRD)/C&M)/(Finance), BSNL CO.

3. All Sr. DDGs/DDGs of BSNL Corporate Office.

4. Jt. DDG (MMT)/(MMD)/(MMC)/(MMS)

5. ADG (MMX)

6. OSD to DDG (MM) for putting on BSNL Intranet.

7. Office Copy/Guard File.


No.005/CRD/012

Government of India


SatarktaBhawan, Block-A,

GPO Complex, INA

New Delhi- 110023

Dated the 3rd March, 2007

Circular No. 4/3/07

Sub:- Tendering process - negotiations with L-1.

Reference is invited to the Commission’s circulars of even number, dated

25.10.2005 and 3.10.2006. on the above cited subject. In supersession of

the instructions contained therein, the following consolidated instructions

are issued with immediate effect:—

(i) As post tender negotiations could often be a source of corruption, it is

directed that there should be no post-tender negotiations with L-1,

except in certain exceptional situations. Such exceptional situations

would include, procurement of proprietary items, items with limited

sources of supply and items where there is suspicion of a cartel

formation. The justification and details of such negotiations should be

duly recorded and documented without any loss of time.

(ii) In cases where a decision is taken to go for re-tendering due to the

unreasonableness of the quoted rates, but the requirements are

urgent and a re-tender for the entire requirement would delay the

availability of the item thus jeopardizing the essential operations,

maintenance and safety, negotiations would be permitted with L-1

bidder(s) for the supply of a bare minimum quantity. The balance

quantity should, however, be procured expeditiously through a re-

tender, following the normal tendering process.

(iii) Negotiations should not be allowed to be misused as a tool for

bargaining with L-1 with dubious intentions or lead to delays in

decision-making. Convincing reasons must be recorded by the

authority recommending negotiations. Competent authority should

exercise due diligence while accepting a tender or ordering

negotiations or calling for a re-tender and a definite time frame should

be indicated so that the time taken for according requisite approvals

for the entire process of award of tenders does not exceed one month

from the date of submission of recommendations. In cases where the

proposal is to be approved at higher levels, a maximum of 15 days

should be assigned for clearance at each level. In no case should the


overall timeframe exceed the validity period of the tender and it should

be ensured that tenders are invariably finalized within their validity

period.

(vi) As regards the splitting of quantities, some organizations have

expressed apprehension that pre-disclosing the distribution of

quantities in the bid document may not be feasible, as the capacity of

the L-1 firm may not be known in advance. It may be stated that if,

after due processing, it is discovered that the quantity to be ordered is

for more than what L-1 alone is capable of supplying and there was no

prior decision to split the quantities, then the quantity being finally

ordered should be distributed among the other bidders in a manner

that is fair, transparent and equitable. It is essentially in cases where

the organizations decide in advance to have more than one source of

supply (due to critical or vital nature of the item) that the Commission

insists on pre-disclosing the ratio of splitting the supply in the tender

itself. This must be followed scrupulously.

(v) Counter- offers to L-1, in order to arrive at an acceptable price, shall

amount to negotiations. However, any counter-offer thereafter to L-2,

L-3, etc., (at the rates accepted by L-1) in case of splitting of quantities,

as pre-disclosed in the tender, shall not be deemed to be a negotiation.

2. It is reiterated that in case L-1 backs-out, there should be a re-tender.

3. These instructions issue with the approval of the Commission and may

please be noted for immediate compliance.

(VineetMathur)

Deputy Secretary

All Chief Vigilance Officers

13.12 Staggering of tenders

(Letter No. 3-1/2003-MMT Dated 25.06.2003)

In pursuance of the efforts being made to bring total transparency in

tendering/procurement activity at all levels. I have been directed to

communicate the decision of the BSNL Corporate office that tenders for the

same item should be staggered in such a manner that next tender is opened

after the expiry of the scheduled delivery period of the first tender.

13.13 Evaluation Criteria in tenders

(Letter No. 3-2/2007-MMT Dated 16.11.2010)

A letter has been received from Central Vigilance Commission (CVC), New

Delhi regarding the evaluation criteria of the tender. The case has been

examined and I am directed to state that the tender process should be open

and transparent. The evaluation criteria for all future tenders should be


defined in clear and unambiguous manner and it should be clearly specified

in the tender document.

This issues with the approval of competent authority.


Chapter 15

Guidelines for taking action against vendors who default

15.1 As all concerned are aware that the BSNL being an artificial juristic

person/ legal entity, does its business through the Directors/ below Board

level Executives/ Officers, who exercise the powers vested in the company

through appropriate delegation of powers made by the Board of Directors, in

accordance with Company’s Memorandum of Association and Articles of

Association and the Indian Companies Act and other applicable Government

instructions/ guidelines issued from time to time.

15.1.1 As part of business, the company enters into various kinds of

Memorandum of Understanding (s) (MoUs)/ Agreement (s)/ Contracts (s)/

Tender(s)/ APO(s)/ PO(s) etc., or other types of arrangements with various

person (s)/ Bidder (s)/ Entity (ies)/ Supplier(s)/ Vendor(s)/ Contractor(s) etc.

as the case be. These Understanding(s) (MoUs)/ Agreements (s)/

Contract(s)/ Tender (s)/ APO(s)/ PO(s) etc., or other types of arrangements

may pertain to any of the business activity(ies) of the Company e.g.

Procurement/ purchase of Goods/ Materials/ Equipments/ Software/ Services

of various types such as Value Added Services, Internet Data Centres, Call

Centres, House Keeping and/ or Security Services etc.

15.1.2 All such activities in the company are administered/ managed by

Business Heads in the Corporate Office; CGMs/ PGMs/ GMs and other Unit

Heads of the field units, who are responsible for Administration/ Management

of the particular activity, in the capacity of Risk Management Administrators

(RMSs) as designated by the Board of Directors in the ERM Policy of the

Company as the Nodal Officers, who are assisted by the Officer-in-charge of

contract.

15.2 . While strict adherence to the stipulations of each such contract is a pre-

requisite, there are occasions, where deviations also take place. The

respective Officer-in-charge of the Contract working under branch head

(Nodal Officer), in whose jurisdiction a particular Agreement/ Understanding

etc. falls, is expected to monitor the progress of implementation of the

particular Agreement/ Understanding etc. to avoid a situation where BSNL

stands to lose its strength in getting the best performance from any such

contract.


15.3 . Needless to reiterate that “Time is essence of each contract”.

15.3.1 Therefore, for initiating action against any errant/ defaulting bidder/

vendor/ contractor it is required that details of the tender/ APO/ PO/ Contract

are available with the respective nodal Heads in the Corporate Office; CGMs/

PGMs/ GMs and other Unit Heads of the field units who are assisted by the

respective Officer-in-Charge of Contract and are responsible for

Administration/ Management of the particular activity to substantiate or make

it a fit case for taking action against any defaulting contractor/ supplier etc.

14.4 In case any default is committed by a bidder/ vendor/ contractor,

effort need be made to notify him and give him chance to present his view

point i.e. hear his side. Adequate opportunity of hearing should be given and

the explanation, if tendered, should be considered before passing any order

keeping in view the facts and circumstances of the case.

15.4.1 In case his explanation is not found satisfactory then action need be taken

to safeguard the interest of BSNL and prevent participation of fraudulent/

non-performing vendors to ensure smooth operations of our procurement

process.

15.5 Different type of defaults committed by the vendors &actions to be

taken thereof:

The various types of defaults committed by the vendors and the actions to be

taken are indicated in Appendix-1 to Section 4A Chapter 4 of Procurement

Manual.

15.5.1 The actions against defaulting vendors can be broadly classified as:-

(i) Forfeiture of EMD/ SD/ PG;

(ii) Termination of contract;

(iii) Withdrawal of TSEC/ IA;

(iv) Banning of business dealings.

15.5.2 Banning of business with a defaulting vendor is warranted in case of

(i) breach of any contractual obligation;

(ii) Detection of an offence involving moral turpitude in relation to business

dealing; or

(iii) An offence of malpractices, etc. which, if established, will warrant

banning of business dealing.

15.6.0 Implementation of the guidelines:

15.6.1 The actions as given in column (C) for various defaults mentioned in

column (B) of Appendix-1 to section 4A of Chapter 4will supersede all other

provisions mentioned in the Procurement Manual 2012.


15.6.2 These guidelines shall be applicable for all telecom Units of BSNL.

These may be followed by Civil, Electrical & Architectural Wing also wherever

they are not in contravention of the provisions given in CPWD Manual.

15.6.3 After issue of business banning order,

(a) In case any tender is under process of finalization then the offer/ bid of

the debarred vendor shall be rejected summarily and necessary action

shall be taken to finalize the tender (for full tendered quantity) with the

remaining vendors.

(b) In case APO had been issued, then the APO shall be cancelled and

necessary action shall be taken to procure the tendered items/ material/

services (including L-1 quantity) from the remaining vendors.

(c) In case PO/ WO had been issued, then the PO/ WO shall be cancelled

and necessary action shall be taken as per relevant clause in Appendix-

1 to section 4 A of Chapter 4.

15.6.4 The business banning order issued by any tender inviting/ approving

authority will be effective for the area under his jurisdiction only.

15.6.4.1 However, if the tender inviting/ Approving authority finds that

the defaulting vendor should be barred for business in the area of his

controlling officer also, he shall send a self contained note, enclosing all

relevant papers along with his recommendations to his controlling officer for

further action at their end.

15.6.4.2 The controlling officer shall examine the case from the point of view

that the default committed by the vendor justifies the action of his subordinate

officer. If satisfied, controlling officer will examine whether the default

committed by the vendor justifies banning in his area of operation also. In that

case he will take action to implement the business banning order in his area

of operation.

19.6.5 Any complaint which has been investigated by the CBI, Vigilance

wing or any other Govt. investigating agency, on its own or as per the

direction of the competent authority and it is found that there is a need to ban

the vendor, the recommendation in this regard will be sent to the concerned

branch of the Circle/ BSNL corporate office through the Vigilance wing or the

CVO BSNL, as the case may be, for further necessary action.

19.6.6 The Court cases arising out of the banning orders issued will be dealt

by the tender inviting /approving authority (officer of concerned unit or any

other officer nominated by tender inviting/ approving authority).

15.7 Procedure for taking action against the defaulting vendor:

The procedure to be followed listing steps to be taken before proceeding

against the vendor is enclosed in Annexure-1. The required action shall be


taken by the unit in which the default is committed/ noticed. The tender

approving/ inviting authority will be the competent authority for approving the

action as mentioned in Appendix-1 to section 4A of Chapter 4.

15.8.0Revocation of Orders: 19.8.1 A banning order passed for a specified

period shall be deemed to have been automatically revoked on the expiry of

that specified period and it will not be necessary to issue a specific formal

order of revocation, except that a banning order passed on consideration for

defaults at S. No. 2, 6 & 7 of Appendix-1 to section 4A of Chapter 4and shall

continue to remain in force until it is specifically revoked by concerned tender

inviting/ approving authority or his controlling officer.

15.9.0 If a banning order has been issued then the appeal against banning order

shall lie with the next higher authority

15.10. Maintenance of Up-to-date List:

Database in respect of all banned vendors, either banned by tender inviting /

approving authority (TIA) in the SSA, Circle or pan India basis, shall be

available on BSNL intranet portal.

15.10.1Tender inviting authority while issuing orders for banning of business (and/

or its revocation) shall endorse a copy to BW Unit BSNL C.O. which will be

responsible for updating/ maintaining the upto date list of banned vendors

along-with the period and area of banning on BSNL intranet portal.

15.11 Non Extension of Banning Orders to Allied / Sister Concerns of a

vendor:

The fact that a vendor is an allied concern of a banned vendor should not be

taken as a ground to prevent the allied/ sister concern of that vendor from

participation in BSNL tenders.

*****


ANNEXURE-1

Sub: - Procedure to be followed for taking action against a vendor (in case

of deficiency stated in Para 1 of Appendix-1, Section 4A Chapter 4):

1. Vendor is found guilty of

(a) Submitting fake / forged Bank Instruments with the bid to meet terms &

condition of tender in respect of tender fee, EMD.

(b) Certificate for claiming exemption for the same and detection of default

prior to award of APO.

2. On noticing the default the executive in concerned unit inviting tender shall

issue a letter (with the approval of tender approving authority) to the vendor

asking him to explain his conduct on the noted default (Letter may be drafted

using sample draft enclosed at Annexure-1A).

3. On receipt of the written reply/ explanation of the vendor:

3.1 If reply is found to be satisfactory by the tender approving authority, then it may

drop the case.

3.2 In case either the explanation is not found satisfactory by the tender approving

authority or the vendor does not reply/ respond to the letter, a Notice asking

reasons/ justifications for the misconduct shall be served on the vendor.

Giving him 7 days time to respond (Notice may be drafted using sample draft

enclosed at Annexure-1B (i) or 1B (ii), as applicable).

4. On receipt of the written reply/ explanation stating reasons/ justifications for

his misconduct of the vendor:

4.1 If reasons/ justifications are found to be satisfactory by the tender approving

authority then it may drop the case.

4.2 If reasons/ justifications are not found acceptable by the tender approving

authority then it will take necessary action to issue Business banning/ barring

order. [Business banning/ barring order may be drafted using sample draft

enclosed at Draft at Annexure-1C (i)]

5. In the case the vendor does not reply/ respond to the notice, then the tender

approving authority will take necessary action to issue Business banning /

barring order. [Business banning/ barring order may be drafted using sample

draft enclosed at Draft at Annexure-1C (ii).

Note 1:- In case of other defaults listed in Appendix-1, Section 4A Chapter 4,

tender approving authority will take action in similar way as per above listed

procedure.

Note 2:- The above penalties will be imposed provided it does not clash with the


provision of the respective tender.

Note 3:- In case of clash between these guidelines & provision of invited tender,

the provision in the respective tender shall prevail over these guidelines.


ANNEXURE- 1A

Letter to vendor intimating deficiency & asking him to submit his reply

(Sample Draft)

Regd. AD

Bharat Sanchar Nigam Limited (A Govt. Of India Enterprise)

o/o………………………….. (State full postal Address)

Tel. No………………….. Fax No……………………E-mail: …………………..

To,

M/s………………….

………………………

………………………

No……………………………………………………………. Dated…………………….

Sub: Deficiency in EMD and/ or tender fee received from you.

Your Ref:- Offer/ bid received against BSNL tender no……………..opened

on…………. .for procurement of……………………………

We find that:

a) DD No. …………dated ..…………. drawn on ………………. (Bank & Branch)

received from you towards EMD and/ or tender fee along with your bid/ offer

against the above mentioned tender is fake/ forged.

b) This is based on the report received from …………………………

(Designation of officer)

of …..…………………… ……………………………………………. (Bank’s

name and address).

As a genuine bidder you are expected to submit a genuine bank instrument

for EMD which you have not done.

Kindly explain your conduct in this regard and submit a written reply.

Your reply should reach the undersigned within 7 days of receipt of this letter

or 15 days from the date of issue of this letter.

Yours sincerely,

Signature ……………

Name …………………….

Designation: SDE (C) / EE

(C)…………

Copy to: - 2) O/c.


ANNEXURE-1B (i)

Notice to vendor who has replied to the letter and his reply is not found

satisfactory by the Tender Inviting/ Approving Authority(Sample Draft)

Regd. AD


O/o………………………….. (State full postal Address)


To,

M/s………………….

………………………

No……………………………………………………………. Dated…………………….

NOTICE


Your Ref.: - 1) No……………………….dated………………….. from ………..

2) Offer/ bid received against BSNL tender no……………..opened


We are in receipt of your above referred letter explaining the reasons for deficiency

noted in DD submitted by you towards EMD and/ or tender fee against our tender

No………………………………………opened on……………..

We find that the reasons furnished by you in your reply for submission of fake /

forged DD are not acceptable.

It will be relevant to mention that submission of fake / forged DD indicates that you

are not a trustable firm & invites penalty of banning of business dealing with your

firm.

You are hereby given a notice to submit your written reply indicating any further

reason/ justification for submission of fake/ forged DD.

Your reply should reach the undersigned within 7 days of receipt of this letter or 15

days from the date of issue of this letter, failing which we will be constrained to

initiate action for banning of business dealing with your firm.

Yours sincerely,


Name …………………….


(C) …………

Copy to: - 2) O/c.


ANNEXURE-1B (ii)

Letter to vendorwho has not replied to the letter issued by the Tender Inviting/

Approving Authorityasking him to submit his written reply (Sample Draft)

Regd. AD



Tel. No………………….. Fax No……………………E-mail: …………………..…..

To,

M/s………………….

No……………………………………………………………. Dated…………………….

NOTICE


Our Ref.:- Letter no. ………………… Dated …………. From ………….

Your Ref.: - 1) Offer/ bid received against BSNL tender no……………..opened


Kindly refer to our above mentioned letter wherein we had asked you to

explain your conduct on the deficiency noted by us in you offer/ bid.

We have not received any reply from you which implies that you accept the

error intimated to you and you have nothing to submit /say on the matter.

Submission of fake /forged DD as EMD and or tender fee is a grave default

from a responsible firm and invites serious penalties like banning of business

dealing.

You are hereby given a notice to submit your written reply indicating any

further reason/ justification for submission of fake /forged DD.

Your reply should reach the undersigned within 7 days of receipt of this

letter or 15 days from the issue of this letter, failing which we will be constrained to

initiate action for banning of business dealing with your firm.

Yours sincerely,


Name …………………….


(C) …………

Copy to: - 2) O/c.


ANNEXURE-1C (i)

Business banning order to vendor for submission of fake/ forged DD towards

EMD and or tender fee (in case written reply received against Notice is not

acceptable)

(Sample Draft)

Regd. AD




…..

To,

M/s………………….

No…………………………………………………………. Dated…………………….

Sub: Banning of business dealing with your firm.

Your Ref: 1) No……………………….dated………………….. from ………..

2) Offer/ bid received against BSNL tender no……………..opened


We are in receipt of your reply vide above mentioned letter in response to our

Notice intimating deficiency in EMD and/ or tender fee received from you.

We find that the reasons/ justifications furnished by you in your reply for

submission of fake / forged DD are not acceptable and warrant necessary action

as per policy of BSNL.

I am directed to intimate that the competent authority has found the deficiency

to be serious and thereby decided to ban business dealings with your firm for a

period of three years which will be effective from……………….(date) which may

please be noted.

Yours sincerely,


Name ……………………


(C) ………..

Copy to: - 2) O/c.

3) PCE (C) / CE (C).


ANNEXURE-1 C (ii)

Business banning order to vendor for submission of fake/ forged DD towards

EMD and or tender fee (in case written reply against Notice is not received)

(Sample Draft)

Regd. AD




To,

M/s………………….

No……………………………………………………………. Dated…………………….

Sub:Banning of business dealing with your firm.

Our Ref.:- Notice no. ………………… Dated …………. From ………….

Your Ref: 1) Offer/ bid received against BSNL tender no……………..opened


Kindly refer to our above mentioned Notice wherein we had asked you to

submit your written reply indicating reason/ justification on the deficiency intimated

to you in your offer/ bid.

We have not received any reply from you against our notice under reference

which implies that you accept the default committed by you and you have nothing

to say/ submit further.

I am directed to intimate that the competent authority has found the deficiency

to be serious and thereby decided to ban business dealings with your firm for a

period of three years which will be effective from……………….(date) which may

please be noted.

Yours sincerely,


Name ……………………


(C) …………

Copy to: - 2) O/c.

3) PCE (C) / CE (C)


*****

Appendix-1 to Section 4 Part A of Chapter 4 (Standard Tender Enquiry Document)

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 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) Termination/ Short Closure of PO/WO, if issued. This implies non-acceptance of further supplies / work & services except to make the already received material work/ 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 APO/ issue of PO/WO.

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

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

1(b) Submitting fake / forged documents towards meeting eligibility criteria such as experience capability, supply proof, registration with 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 APO

i) Rejection of Bid & ii) Forfeiture of EMD.

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

i) Cancellation of APO , ii) Rejection of Bid & iii) Forfeiture of EMD.


S. No.


A B C

1(b) contd.

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

i) Cancellation of APO 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) If detection of default after issue of PO/ WO

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

Note 3:- However, settle bills for the material received in correct quantity and quality if pending items do not affect working or use of supplied items.

Note 4:- No further supplies are to be accepted except that required to make the already supplied items work.

2 If vendor or his representative uses violent/ coercive means viz. Physical / Verbal means to threatens BSNL Executive / employees and/ or obstruct him from functioning in discharge of his duties & responsibilities for the following :

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

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

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

Forfeiture of EMD.


S. No.


A B C

4.1 Failure to supply and/ or Commission the equipment /goods and /or execution of the work at all even in extended delivery schedules, if granted against PO/ WO.

i) Termination of PO/ WO. ii) Under take purchase/ work at the risk & cost of defaulting vendor. iii) Recover the excess charges if incurred from the PG/ SD and outstanding bills of the defaulting Vendor.

4.2 Failure to supply and/ or Commission the equipment / goods and /or execution of the Work in full even in extended delivery schedules, if granted against PO/ WO.

i) Short Closure of PO/ WO to the quantity already received by and/ or commissioned in BSNL and/ or in pipeline provided the same is usable and/or the Vendor promises to make it usable. ii) Undertake purchase/ work for balance quantity after foreclosure and forfeiture of the PBG of defaulting vendor. iii) Recover the excess charges, if incurred, from the PG/ SD and outstanding bills of the defaulting Vendor.

5.1 The supplied equipment /goods do 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 acceptable with degraded performance, the purchaser may determine the price for degraded equipment/goods (Financial penalty = Price – price determined for degraded equipment / goods) himself and/ or through a committee. Undertake recovery of financial penalty from outstanding dues of vendor including PG/ SD.


S. No.


A B C

5.2 Major quality problems (as established by tender accepting authority /CET, performance problems and non-rectification of defects (based on reports of users).

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 use & it is not possible to return it and/ or goods are acceptable with degraded performance, the purchaser may determine the price for degraded equipment / goods(Financial penalty = Price – price determined for degraded equipment / goods) himself and/ or through a committee. Undertake recovery of financial penalty from outstanding dues of vendor including PG/ SD; and

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 unit rate and/ or amount higher than that approved by BSNL for that purchase.

Note 5:- The claims may be submitted with or without collusion of BSNL Executive/ employees.

Note 6:- This penalty will be imposed irrespective of the fact that payment is disbursed by BSNL or not.

.


S. No.


A B C

7 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 PO/ WO. ii) Settle bills for the quantity received in correct quantity and quality if pending items do not affect working or use of supplied items. iii) No further supplies are to be accepted except that required to make the already supplied items work. iv) In case of turnkey projects, If the material is commissioned and is usable without any degradation of performance, then settle bills for the acceptable equipment/ material (or its part). v) In case of turnkey projects, if the material is inducted in use& it is not possible to return it and/ or goods are acceptable with degraded performance, the purchaser may determine the price for degraded equipment /goods(Financial penalty = Price – price determined for degraded equipment/goods) himself and/ or through a committee. (continues to page 171)

8 con-td.

Undertake recovery of financial penalty from outstanding dues of vendor including PG/ SD.


S. No.


A B C

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 PO/ WO. ii) Settle bills for the goods received in correct quantity and quality if pending items do not affect working or use of supplied items. iii) No further supplies are to be accepted except that required to make the already supplied items work. iv) In case of turnkey projects, If the material is commissioned and is usable without any degradation of performance, then settle bills for the acceptable equipment/ material (or its part). v) In case of turnkey projects, If the material is inducted in use& it is not possible to return it and/ or goods are acceptable with degraded performance, the purchaser may determine the price for degraded equipment /goods(Financial penalty = Price – price determined for degraded equipment/goods) 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.

S. No.


A B C

10 con-td.

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/ / Income Tax/ GST 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

(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.

participation in future tenders invited by BSNL for 3 years from date of issue of banning order.

(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.

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