Tender Document for Repairing of SMPS power plant

Page 1 of 57

Signature of Tenderer With stamp

BHARAT SANCHAR NIGAM LIMITED

(A Govt. of India Enterprise)

RAJKOT TELECOM DISTRICT

OFFICE OF THE GENERAL MANAGER TELECOM DISTRICT, RAJKOT

2nd Floor, Bhaktinagar TE Building, Lohanagar, Rajkot - 360 002.

Tender No. MM/E-Tender/Repairing of SMPS PP Modules /2015-16/05 dated 14-03-2016

Due Date /Time of Receipt: 1430 hours of /--/

Due Date /Time of Opening: 1530 hours of

AGM MM SECTION

O/o The Assistant General Manager (MM),

2nd Floor Bhaktinagar Telephone Exchange Building,

Lohanagar, RAJKOT - 360002.

Phone: 2378816 Fax No.: 2381911

Visit us at: www.gujarat.bsnl.co.in or http://tender.bsnl.co.in

Tender Document

for

Repairing of SMPS power plant modules in Rajkot SSA

Cost of Tender Form: Rs. 500/-

Page 2 of 57


INDEX

:: TABLE OF CONTENTS ::

Section

No.

Item Page No.

TECHNICAL BID

1 Part-A Detailed NIT 3 - 5

1 Part-B Newspaper NIT 6

2 Tender Information 7 - 8

3 Schedule of Requirement 9

4 Part-A General Instructions to bidders (GIB) 10 - 25

4 Part-B E-Tendering Instructions to Bidders 26 - 30

5 Part-A General (Commercial) Conditions of Contract (GCC) 31 - 38

5 Part-B Special Conditions of Contract (SCC) 39 - 43

6 Undertaking & Declaration

Part A: Undertaking & Declarations 44

Part-B: Declaration Regarding No Relative Working In

BSNL

45

7 Proforma

(A) Bid Security / EMD Guarantee Form 46 - 47

(B) Performance Security Guarantee Bond 48 - 49

(C) Letter of Authorisation for attending Bid Opening 50

(D) Specimen of Agreement 51 - 52

8 Agency Details 53

9 Part-A Bid Form 54

9 Part-B Check List for the bidders 55 - 56

FINANCIAL BID

9 Part-C Price Schedule 57

Page 3 of 57



(A Govt. of India Enterprise)


OFFICE OF THE GENERAL MANAGER TELECOM DISTRICT, RAJKOT

2nd Floor, Bhaktinagar TE Building, Lohanagar, Rajkot - 360 002.


SECTION-1 (Part-A)

:: DETAILED NOTICE INVITING E-TENDER ::

For and on behalf of the Bharat Sanchar Nigam Limited, Sealed (Digitally) e-tenders are invited by General

Manager Telecom District, Rajkot from prospective bidders for Repairing of SMPS Power Plant modules of all

make and capacity in Rajkot Telecom District for a period of One year and extendable for further one year on

Rate Running Contract basis as per the tender specifications.

Tender No. MM/E-Tender/Repairing of SMPS PP Modules/2015-16/ 05

dated 14-03-2016

Subject Repairing of SMPS power plant modules in Rajkot SSA.

Estimated Cost of Tender per year Rs. 1134750/- (Rupees Eleven Lakh Thirty Four Thousand

Seven Hundred Fifty Only)

Cost of Tender Document Rs. 500 /- ( Rupees Five Hundred Only )

Bid Security Rs. 22695/- (Rupees Twenty Two Thousand Six Hundred

Ninety Five Only )

Duration of contract One year from date of award and extendable for further one

year.

Security Deposit 5% of contract value as per para-4 of Section-5 (Part-A) of

tender Document

Availability for downloading of tender

documents

From 17-03-2016, 17:00 hours, onwards up to 06-04-2016,

17:00 hours ( on all working days ) i.e. up to previous working

day of Tender Closing Date

Time & last date of submission of Bid Up to 14.30 Hours on 07-04-2016 (Tender Closing Date)

Time of Bid opening At 15.00 Hours on 07-04-2016

Place of opening of Tender O/o the Assistant General Manager (MM),

2nd

Floor, Bhaktinagar Telephone Exchange Building,

Lohanagar, Rajkot-360002.

2. Accessibility of Tender Document: Tender document (free viewing copy) can be obtained by

downloading it from the website “www.gujarat.bsnl.co.in” or http://tender.bsnl.co.in

The official copy of tender document for participating in e-tender will be available for downloading

from “https://eprocurement.synise.com/bsnl1/gujarat” This will, however, be same as available on BSNL

website.

http://tender.bsnl.co.in/

Page 4 of 57


2.1. Cost of Tender document : 500/- (Non Refundable): DD / Bankers cheque of an amount of Rs

500/- in favour of "Accounts Officer (Cash) BSNL, GMTD, Rajkot" and payable at Rajkot shall

have to be submitted towards tender fee along with the tender bid failing which the tender bid will be

rejected.

The MSE units shall be exempted from submission of tender fee on production of requisite proof in

respect of valid certification from MSME for the tendered item.

2.2. BSNL has decided to use process of e-tendering for inviting this tender and thus the physical copy

of the tender would not be sold.

3. Availability of Tender Document: The tender document shall be available for downloading as shown in

the table above.

3.1 The Tender document shall not be available for download on its submission / closing date.

4. Eligibility Criteria for bidders:

4.1 a) The Bidder should be an Indian Individual / Firm / PSU/ Manufacturer/Supplier of Power

Plant/Repairers of Power Plant and / or it s modules of any make to BSNL/ MTNL/ DOT/ Private

Operator.

b) The bidder should have experience of Repairing of SMPS PP Modules in any unit of BSNL/

MTNL/DOT/ any Govt. Organisation/ Private operator for an amount of Rs.3 lakh (Rupees Three

Lakh) or more in any period during the last 5 years ending 31.12.2015.

A copy of experience certificate must be issued by the officer not below the rank of Divisional

Engineer or equivalent or tender approving authority (in case of Corporate).

Copy of purchase order / work order will not be considered as experience without successful

completion certificate in support of experience. In case sufficient bids are not received from

experienced contractor, GMTD, BSNL Rajkot reserves right to award work to educational bidder.

c) Solvency Certificate of Rs. 2 Lakh from the banker of the tenderer. The Solvency Certificate shall

not be older than the date of issue of NIT.

d) The bidder 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.

4.2 BSNL reserves the right to award 30% work to L2 bidder at L1 Rates in case so felt necessary by

GMTD, Rajkot. BSNL further reserves the right to award work to inexperienced contractor on

educational basis at the discretion of GMTD, Rajkot.

5. Bid Security / EMD:

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

a) Demand Draft/ Banker’s cheque drawn in favour of “Accounts Officer (Cash) BSNL,

GMTD, Rajkot" payable at Rajkot.

b) Bank Guarantee from any scheduled bank drawn in favour of General Manager Telecom

District, Rajkot Telecom District, Rajkot, which should be valid for 180 days from the tender

opening date. (Format given in Section-7(A).

c) 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 Online Submission of Tender bid: As shown in the table above.

7.1 Online Opening of Tender Bids: As shown in the table above.

Page 5 of 57


7.2 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.

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-B) of Tender document for further

instructions.

8.2 In addition authorized representatives of bidders (i.e. vendor organization) can attend the TOE at the

office of AGM (MM), 2nd

Floor, Bhaktinagar Telephone Exchange Building, Lohanagar, RAJKOT-

360002, where BSNL’s Tender Opening Officers would be conducting Public Online Tender

Opening Event (TOE).

9. Tender bids received after due time & date will not be accepted by the system or physically.

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

11.1 GMTD, BSNL Rajkot 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.

11.2 a) GMTD, Rajkot reserves the right to extend the date for submission & opening of bids without

assigning any reason thereof at its sole discretion.

b) GMTD, Rajkot reserves the right to cancel the tender at any stage without assigning any reason

whatsoever.

12.1 The bidder shall furnish a declaration 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

E-tender Portal https://eprocurement.synise.com/bsnl1/gujarat [Section-6 (Part-A) (c)].

12.2 In case of any correction/ addition/ alteration/ omission in the tender document, the tender bid shall be

treated as non responsive and shall be rejected summarily.

13. The bidder shall furnish a declaration in his tender bid that his firm has not been blacklisted by any

SSA/ Circle of BSNL/ MTNL. (Section-6 Part-A (d).

14. Tender which is not accompanied by the requisite Tender Fee and bid security shall be summarily

rejected.

Note 1: 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 2: All computer generated documents should be duly signed / attested by the bidder/ vendor organization.

Assistant General Manager (MM)

Rajkot Telecom District.

Phone: 0281-2378816 Fax: 0281-2381911

Email: [email protected]

https://eprocurement.synise.com/bsnl1/gujarat

Page 6 of 57


SECTION-1 (Part-B)

NEWS PAPER N.I.T. (NNIT)


Office of the General Manager


NOTICE INVITING E-TENDER


Online e-tenders are invited from the prospective bidders for “Repairing of SMPS power

plant modules in Rajkot SSA”. Last date of receipt of tender is Up to 14.30 hours on 07-04-2016.

For further detailed information, kindly visit our website www.gujarat.bsnl.co.in or

http://tender.bsnl.co.in and follow link for e -tenders by BSNL.

Assistant General Manager (MM)


Phone: 0281-2378816 Fax: 0281-2381911

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

http://tender.bsnl.co.in/

Page 7 of 57


SECTION-2

Tender Information

I. Type of tender:

a) Number of Bid Submission Stages for tender: Single stage

b) Number of Electronic Envelopes for Submission of Bids: Two numbers. (The bidders

shall submit Techno-commercial & Financial bids simultaneously.

c) Opening Stages: Two Stage Opening using two Electronic Envelopes System.

d) E-reverse auction: if required by Business Unit / Procurement Cell after opening of the

Financial bids

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

commercially compliant bidders only shall be opened.

II. Bid Validity Period: Validity of Bid offer for acceptance by BSNL:

150 days from the tender opening date and for further extension of 60 days.

III. The tender offer shall contain two envelopes viz. techno-commercial and financial

envelope which will contain one set of the following documents only:

IV. Techno-commercial envelope shall contain:

1) EMD.

2) Cost of the tender document i.e. tender fee.

3) Tender document duly signed at the end of each page for having read it &

accepted it.

4) Certificate(s) / documents showing fulfillment of the eligibility criteria stated in

Clause-4 of the Detailed NIT at Section-1 (Part-A).

5) Clause by clause compliance - Section-6 (Part-A) (e).

6) Documents stated in clause-10 of Section-4 (Part-A).

7) Undertaking & declaration in Proforma – Section-6 (Part-A) duly filled & signed.

8) Certificate in respect of Near Relatives in BSNL - Section-6 (Part-B) duly filled &

signed.

9) Agency Details duly filled & signed -- Section-8.

10) Bid form, duly filled & signed as per Section-9 (Part-B).

11) Tender documents (Electronic Form- Technical) with all relevant annexes.

V. Financial envelope shall contain:

Electronic Form -- Financial Bid as per Section-9 (Part-C) along with all relevant bid

annexure.

VI. Online Submission:

Bid must be submitted by bidder through E-tendering mode only. Manual

(OFFLINE) submission of bids will not be considered.

Page 8 of 57


VII. Offline Submission:

The following documents are required to be submitted offline in sealed envelope to

AGM (MM), O/o GMTD, BSNL, 2nd Floor, Bhaktinagar Telephone Exchange

Building, Lohanagar, Rajkot-360002 on or before the date & time of submission of

bids specified in the NIT.

The envelope shall bear the tender number, name of work and the phrase: "Do Not

Open Before (due date & time of opening of tender).

1) EMD - Bid security (original copy)

2) DD/ Banker's cheque of Tender fee

3) (if applicable) Power of Attorney in accordance with clause 14.3 of Section-4 Part

A and authorization for executing the power of Attorney.

The purchaser shall not be responsible if the envelop is delivered elsewhere or

late.

VIII. Payment terms:

As detailed in clause-10 of Section-5 Part-A of the tender document.

Page 9 of 57


SECTION-3

SCHEDULE OF REQUIREMENT

1. Details of SMPS Power Plants Modules working in Rajkot SSA.

Sr.

No.

Type of Modules Quantity

Approximate

1 25 Amp. 583 Nos.

2 50 Amp. 86 Nos.

3 100 Amp. 470 Nos.

4 200 Amp. 12 Nos.

2. Repair work of faulty modules shall be approximately taken during the period of contract

as mentioned below.

Sr.

No.

Type of Modules Approximate Quantity

1 25 Amp. 325 Nos.

2 50 Amp. 55 Nos.

3 100 Amp. 195 Nos.

4 200 Amp. 10 Nos.

Note: Make of modules are ITI, HECL, DYNA, Excel, Amararaja, BS, HBL nife, Subnise,

Arwind Beining XL-HY, Himachal Exicom, etc.

3. The quantity of Faulty modules for repairing may Increase or Decrease @ 25 % of total

proposed quantity irrespective of type of modules.

Page 10 of 57


SECTION-4 (Part-A)

GENERAL INSTRUCTION TO BIDDERS (GIB)

1. DEFINITION:

(a) "BSNL" means the BHARAT SANCHAR NIGAM LIMITED, O/o General Manager,


(b) “Bidder" means any individual or firm who participates in this tender and submits its bid.

(c) "Contractor" means any individual or firm repairing the modules of SMPS Power Plants

under the contract.

(d) “Goods" means all the modules and mother boards which the contractor is required to repair

under the contract.

(e) “Work Order " means Order placed by the field units on the contractor signed by the unit in

charge.

(f) “Contract Rate" means the rate payable to the repairer under the work order for the full and

proper performance of its contractual obligations.

(g) “Power Plant” means complete power plant or any part of that of or its control panel.

2. ELIGIBLE BIDDERS: Kindly refer to clause 4 of Section-1(Part-A) i.e. Detailed NIT.

3. COST OF BIDDING:

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

BSNL Rajkot, in no case, be responsible or liable for these costs, regardless of the conduct or

outcome of the bidding process.

4. DOCUMENTS REQUIRED

The modules required to be repaired; bidding procedures and contract terms & conditions are

prescribed in the Bid Document. The Bid document include as mentioned in table of content.

The Bidder is expected to examine all instructions, forms, terms and specifications in the Bid

Document. Failure to furnish all information required as per the Bid Document or

submission of bids not substantially responsive to the Bid document in every respect will be

at the bidder's risk and shall result in rejection of the bid.

5. CLARIFICATION OF BID DOCUMENT:

i) A prospective bidder, requiring any clarification of the Bid Document shall notify BSNL

Rajkot in writing by FAX or by Email at BSNL’s mailing address indicated in the Invitation for Bids. BSNL Rajkot shall respond in writing to any request for clarification

of the Bid document, which it receives not later than 7 days prior to the date of opening

of the tenders. Copies of the query (without identifying the source) and clarifications by

BSNL Rajkot shall be available as ‘Addendum’, for all the prospective bidders who have downloaded the official copy of tender documents from e-procurement portal (as

specified in tender document).

Page 11 of 57


ii) 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 the Bid document.

iii) No request for post-bid clarification shall be entertained.

6. AMENDMENT OF BID DOCUMENT:

6.1 At any time, prior to the date of submission of bids, BSNL Rajkot may, for any

reason, whether at its own initiative or in response to a clarification requested by a

prospective Bidder, modify the Bid document by amendments.

6.2 The amendments shall be notified in writing by Addendum through e-tendering

portal or by FAX or Email to all prospective bidders on the address intimated at the

time of purchase of Bid document from the BSNL and these amendments will be

binding on them.

6.3 In order to afford prospective bidders reasonable time in which to take the

amendments into account in preparing their bids, BSNL Rajkot may, at its discretion,

extend the deadline for submission of bids suitably.

7. DOCUMENTS COMPRISING THE BID:

The bid (Technical & Financial) prepared by the bidder shall comprise the following

components:

(a) Documentary evidence established in accordance with Clause 2 and 10 of these

instructions to Bidders that the bidder is eligible to bid and is qualified to perform the

contract if his bid is accepted.

(b) Bid Security furnished in accordance with Clause 12 in the Performa.

(c) Bid form and rate schedule completed in accordance with clause 8 & 9.

8. BID FORM:

The bidder shall complete the Bid Form and the appropriate Rate Schedule furnished in the

Bid document, indicating the modules to be repaired, as per Section-9 (Part-A).

9. BID RATES:

9.1 The bidder shall give the total composite price inclusive of all levies i.e packing, forwarding,

freight & insurance, Transportation and taxes etc. but excluding Service Tax which will be

paid extra as per actual, wherever applicable. The basic unit cost of repair of modules

make wise of SMPS P.P. need to be individually indicated against the type of modules

proposed to be repaired under the contract as per price schedule given in Section-9 (Part-C)

Indian Rupees. No foreign exchange will be made available by BSNL Rajkot.

9.2 Rates indicated in the Rate Schedule shall be entered in the following manner:

(i) The unit rate for repair of modules of different type shall be including all levies i.e.

freight, packing, forwarding, insurance and any other levies/charges and taxes (except

Service Tax). Any other tax paid or payable by the contractor shall also be quoted

separately item wise.

Page 12 of 57


(ii) The bidder shall quote as per rate schedule given in Section-9 (Part-C) for any of the

items given in schedule of requirement. However bidder shall quote only one rate for

each item.

9.3 The rates 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 rate

quotation will be treated as non-responsive and rejected.

9.4 The rates quoted by the bidder shall be in sufficient detail to enable BSNL Rajkot to arrive at

cost of repair of modules of SMPS P.P.

9.5 "Discount", if any offered by the bidders shall not be considered unless they are specifically

indicated in the rate schedule. Bidders desiring to offer discount shall therefore modify

their offers suitably while quoting and shall quote clearly net rate taking all such factors like

discount, free supply, etc. into account.

9.6 The rate/price approved by BSNL for repair will be inclusive of all levies i.e packing,

forwarding, freight & insurance, Transportation and taxes etc. as mentioned in para 9.1

above but excluding service tax which will be paid extra as per actual, wherever applicable.

10. DOCUMENTS ESTABLISHING BIDDER'S ELIGIBILITY AND QUALIFICATIONS:

The bidder shall furnish, as part of his Bid document establishing the bidder's eligibility, the

following documents or whichever is required as per terms and conditions of Bid document.

i. Registration of firm.

a) Proprietorship – Shop Act License or any document showing proprietorship status of the firm

or copy of affidavit stating that he is the sole proprietor of the firm and is accountable to all tax

liabilities of the said firm, on a non- judicial stamp paper of appropriate value as prevailing in

the respective states(s), attested by a Notary public or registered before Sub- Registrar of the

states(s) concerned

b) Partnership – Self attested copy of the registration of the firm issued by Registrar of Firms

and copy of partnership deed.

c) Limited company - Self attested copy of Memorandum & Articles of Association and

certificate of incorporation.

ii. Certificate of experience as mentioned in eligibility criteria [Section-4 Clause 4.1 (b)].

iii. Service tax registration: In case the prospective bidder is presently not covered under the

provision of registration for Service Tax, he should submit a declaration indicating that he is

exempted from Service Tax registration and he will get registered under the provision of

Service Tax within one month of as and when applicable under intimation of this office and

will submit the copy of registration certificate to this office.

iv. EPF & ESIC Registration: In case the prospective bidder is presently not covered under the

provision of registration for EPF and ESI, he should submit a declaration indicating that he is

exempted from EPF / ESI registration and he will get registered under the provision of EPF and

ESI within one month of as and when applicable under intimation of this office and will submit

the copy of registration certificate to this office.

v. Latest and valid MSME / NSIC Certificate duly certified by MSME / NSIC if applicable.

Page 13 of 57


vi. PAN card.

vii. Documents having its own workshop with details of skilled technicians.

viii. Details of AMC / RRC on hand if any – their telephone Nos. & address.

ix. Solvency Certificate of Rs. 2 Lakh from the banker of the tenderer. The Solvency Certificate

shall not be older than the date of issue of NIT.

x. Number of personnel, their Name, qualification & contact phone numbers who will be put for

this job.

11. DOCUMENTS ESTABLISHING GOODS CONFORMITY TO BID DOCUMENT:

Not applicable.

12. BID SECURITY / EMD:

12.1 The bidder shall furnish, as part of its bid, a bid security as mentioned in Section-1(DNIT).

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

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 BSNL against the risk of bidder's conduct, which

would warrant the bid security’s forfeiture, pursuant to para 12.7.

12.4 A bid not secured in accordance with para 12.1 & 12.2 shall be rejected by the BSNL being

non-responsive at the bid opening stage and archived unopened on e-tender portal for e-

tenders.

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

possible and within 30 days of finalization of the tender or expiry of the period of the bid

validity period prescribed by the BSNL pursuant to clause 13.

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

advance Work Order satisfactorily pursuant to clause 27 and furnishing the performance

security.

12.7 The bid security may be forfeited:

Page 14 of 57


12.8 (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/consortium partner, as applicable.

13. PERIOD OF VALIDITY OF BIDS:

13.1 Bid shall remain valid for 150 days from the date of bid opening prescribed by the BSNL. A

bid valid for a shorter period shall be rejected by the BSNL as non-responsive.

13.2 In exceptional circumstances, the BSNL may request the bidder's consent for an extension to

the period of bid validity. The request and the responses thereto shall be made in writing.

The bid security provided under Clause 12 shall also be suitably extended. A bidder may

refuse the request without forfeiting his bid security. A bidder accepting the request and

granting extension will not be permitted to modify his bid.

14. 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 BSNL 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 states(s)

concerned.

(b) The Power of Attorney in favour of person signing the bid 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. Proof of company resolution

duly certified by Company Secretary OR Board of Directors is to be submitted

for this.

Page 15 of 57


(c) In case of the bidder being a Partnership 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 such authorized signatory of the bid by the

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

Mobile number, e-mail address and postal address of the authorized signatory shall

be provided.

(e) Individual signing the tenders or other documents connected with the contract shall

indicate the full name below the signature and must specify the capacity and

authority under which he signs such documents and shall also submit documentary

evidence of his authority in the form of Power of Attorney.

(f) The Power of Attorney is to be submitted in original, if it has been issued for the

specific tender enquiry. If the power of attorney is issued in general irrespective of

tender enquiry then photocopy duly certified by notary public can also be

accepted.

(g) In case the representative of bidder company, who uploads the document on e-

tender portal using his Digital Signature Certificates (DSC), which is different from

the authorized signatory for the bid (Power of Attorney holder) then the

representative who uploads the documents on e-tender portal using DSC issued in

his name, shall also be one of the Power of Attorney holder by the bidder Company,

in addition to the authorized signatory for the bid.

15. SEALING AND MARKING OF BIDS :

15.1 The bid shall be ‘Single Stage Bidding & Two envelope system’. The bid should be submitted online using Two Envelope methodology. 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-4 of Section-1 (Part-A) &

Clause-10 of Section-4 (Part-A) with Bid security as per Clause-12 of Section-4 (Part-A).

The second envelope will be named as Financial bid containing price schedule as per

Section-9 (C).

Bid sealing is done electronically by encrypting each bid part with a symmetric pass phrase

by the bidders himself. Please refer Section-4 (Part-B) for further instructions.

15.2 The Bid with conditions other than those specified in the Bid document is liable to be

summarily rejected. No modification by the contractor in any of the conditions will be

permitted after the Bid is opened.

16. SUBMISSION OF BIDS :

16.1 Bids must be submitted online by the bidders as per instructions in Section-4 (Part B) not

later than the specified date & time indicated in the DNIT.

16.2 The BSNL may, at its discretion, extend this deadline for the submission of bids by

amending the Bid Documents in accordance with clause-6 in which case all rights and

obligations of the purchaser and bidders previously subject to the deadline will thereafter

be subjected to the deadline as extended.

Page 16 of 57


16.3 The bidder shall submit his bid offer against a set of bid documents purchased by him as per

requirement of the Bid Documents.

17. LATE BIDS :

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. If a bid is withdrawn, the same shall be archived unopened

in the e-procurement portal.

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

authenticated as per clause-15.

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

bids.

19. OPENING OF BIDS :

19.1 The purchaser shall open Bids online, in the presence of bidders or their authorized

representatives who choose to attend at due time on due date. The bidder’s representatives,

who are present; shall sign an attendance register,. Authority letter to this effect shall be

submitted by the bidder before they are allowed to participate in bid opening. (A Format is

given in Section-7 (C).

At the time of opening the bids, initially envelope containing offline documents as

mentioned above at Clause-6 of Section-4 (Part-B) of all bidders will be opened first. The

Electronic envelope consisting Techno Commercial bids of only those bidders will be

opened who have submitted required documents as offline submissions.

19.2 Maximum two representatives for any bidder shall be authorized and permitted to attend the

bid opening.

19.3 The bids will be opened in two stages i.e. 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.

Thereafter the CET will evaluate Techno-commercial bids & report of CET will be

approved by competent authority.

The financial bids of those bidders who are approved to be techno-commercially compliant

by the competent authority, will be opened by TOC in front of techno-commercially eligible

bidders/ authorized representatives by sending them a suitable notice.

19.4 The bidder’s names, Item name, EMD amount & validity and acceptability, Information in respect of eligible bidders, Details of bid modification/ withdrawal (if any), and such other details as the

purchaser, at its discretion, may consider appropriate will be made available online at the time of

techno-commercial bid opening.

Page 17 of 57


19.5 The bidder’s names, Name of the Items, Quantities/prices quoted in the bid, discount, if offered, Taxes & levies and such other details as the purchaser, at its discretion, may

consider appropriate will be made available online at the time of financial bid opening.

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

revised date of schedule will be notified. However, in absence of such notification, the bids

will be opened on next working day, time and venue remaining unaltered.

20. CLARIFICATION OF BIDS :

20.1 To assist in the examination, evaluation and comparison of bids, the BSNL 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 BSNL at its discretion

may call for any clarification regarding the bid document within a stipulated time period.

The BSNL at it’s discretion may also ask for the submission of any additional/missing document(s) within a stipulated time period. In such case(s) the bidder shall have to comply

the BSNL’s requirement within the specified time. In case of non-compliance to such

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

this regard”. However, no post bid clarification at the initiative of the bidder shall be

entertained.

21. PRELIMINARY EVALUATION:

21.1 BSNL Rajkot shall evaluate the bids to determine whether they are complete, whether any

computational errors have been made, whether required sureties have been furnished,

whether the documents have been properly signed and whether the bids are generally in

order.

21.2 Arithmetical errors shall be rectified on the following basis. If there is a discrepancy between

the unit rate and total rate that is obtained by multiplying the unit rate and quantity, the

unit rate shall prevail and the total rate shall be corrected by BSNL Rajkot. If there is a

discrepancy between words and figures, the amount in words shall prevail. If the contractor

does not accept the correction of the errors, his bid shall be rejected.

21.3 Prior to the detailed evaluation, pursuant to Clause-20, BSNL Rajkot will determine the

substantial responsiveness of each bid to the Bid document. For purposes of these clauses, a

substantially responsive bid is one which conforms, to all the terms and conditions of the

Bid document without material deviations. BSNL’s determination of bid's responsiveness

shall be based on the contents of the bid itself without recourse to extrinsic evidence.

21.4 A bid determined as substantially non-responsive will be rejected by BSNL Rajkot and shall

not subsequent to the bid opening be made responsive by the bidder by correction of the

non-conformity.

21.5 BSNL Rajkot may waive any minor infirmity or non-conformity or irregularity in a bid

which does not constitute a material deviation, provided such waiver does not prejudice or

affect the relative ranking of any bidder.

Page 18 of 57


22. EVALUATION AND COMPARISON OF SUBSTANTIALLY RESPONSIVE BIDS:

22.1 The BSNL 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 rate of the repair of

modules inclusive of all Taxes & levies i.e. Sales Tax & Excise Duty, packing, forwarding,

freight and insurance etc. but exclusive of Service Tax which will be paid extra as per

actuals, wherever applicable.

22.3 Evaluation: - The evaluation will be made on the basis of lowest rate quoted item wise. The

bidder, who has offered lowest rate as evaluated above, will be treated as L1 bidder.

22.4 The bidder can quote rates for any capacity of power plant/ modules either in part or in full

i.e. 25 A, 50A, 100 A & 200 A .

23. CONTACTING BSNL:

23.1 No bidder shall try to influence BSNL Rajkot on any matter relating to its bid, from the time

of the bid opening till the time the contract is awarded.

23.2 Any effort by a bidder to modify his bid or influence BSNL Rajkot in the Purchaser's bid

evaluation, bid comparison or contract award decisions shall result in the rejection of the bid.

24. PLACEMENT OF ORDER:

BSNL Rajkot shall consider placement of orders for repair of modules on those bidders

whose offers have been found technically commercially, financially acceptable. BSNL

Rajkot reserves the right to counter offers rate (s) against rate (s) quoted by any bidder.

25. BSNL 'S RIGHT TO VARY QUANTITIES AND VALIDITY OF CONTRACT:

(a) BSNL will have the right to increase or decrease the quantity up to 25% of total proposed

quantity of modules.

(b) Validity of contract may be extended for another one year without any change in the unit

rate or other terms and conditions at the time of award of contract.

(c) In exceptional situation where the requirement is of an emergent nature and it is necessary to

ensure continued supplies from the existing venders, BSNL Rajkot reserves the right to place

repeat order up to 50% of the quantities of modules and services contained in the running

tender /contract within a period of twelve months from the earliest date of acceptance of

W.O. at the same rate or a rate negotiated (downwardly) with the existing venders

considering the reasonability of rates based on prevailing market conditions

26. BSNL'S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS:

BSNL Rajkot 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 the Purchaser's action.

Page 19 of 57


27. PROVISIONAL ACCEPTANCE LETTER (PAL / LOI):

27.1 The issue of a Provisional Acceptance Letter (Letter of Intent) shall constitute the intention

of BSNL to enter into the contract with the bidder.

27.2 The bidder shall within 14 days of issue of an Provisional Acceptance Letter, give his

acceptance along with performance security in conformity with section-7 (B) provided with

the bid documents.

28. SIGNING OF CONTRACT:

28.1 The issue of FAT shall constitute the award of contract on the bidder.

28.2 Upon the successful bidder furnishing of performance security pursuant to clause 27, the

BSNL shall discharge its bid security, pursuant to clause 12.

29. ANNULMENT OF AWARD:

Failure of the successful bidder to comply with the requirement of Clause 25 shall constitute

sufficient ground for the annulment of the award and forfeiture of the bid security in which

event BSNL Rajkot may make the award to any other bidder at the discretion of BSNL

Rajkot or call for new bids.

30. N/A

31. REJECTION OF BIDS:

While all the conditions specified in the Bid document are critical and are to be complied

Special attention of bidder is invited to the following clauses of the bid document,

non- compliance of any one of which shall result in outright rejection of the bid.

(i) Clause 15 of Section-4 Part-A: The bids will be recorded/ returned unopened if covers are

not properly sealed with ‘PERSONAL SEAL’ of the bidder. (ii) Clauses 12.1, 12.2 & 13.1 of Section-4 Part-A: The bids will be rejected 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.

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

Part-A is not met and/or documents prescribed to establish the eligibility as per Clause-10 of

section-4 Part A are not enclosed, the bids will be rejected without further evaluation.

(iv) Clause-11.2 of Section-4 Part-A: N/A.

(v) Section-5 Part-A Commercial conditions, Section-5 Part-B Special Conditions of Contract:

Compliance if given using 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.

(vi) Section-9 Part-C Price Schedule: Prices are not filled in as prescribed in Price Schedule.

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

a) Does not supply the equipment / services in time;

b) Equipment / Services does not perform satisfactory in the field in accordance with the

specifications;

c) Or any other default whose complete list is enclosed in Appendix-1.

Purchaser will take action as specified in Appendix-1 of this section.

Page 20 of 57


33. BSNL Rajkot reserves the right to blacklist a bidder for a suitable period in case he fails to

honour his bid without sufficient grounds.

34. RELATIVE CLAUSE :

(i) The bidder should give a certificate that none of his/her near relative is working in the units

as defined below where he is going to apply for the tender.

(ii) In case of proprietorship firm certificate will be given by the proprietor.

(iii) For partnership firm, certificate will be given by all the partners and

(iv) In case of limited company certificate will be given 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.

(v) 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.

(vi) The company or firm or the person will also be debarred for further participation in the

concerned unit.

(vii) 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). (viii) The format of the certificate is given in Section -6(B).

35. VERIFICATION OF DOCUMENTS AND CERTIFICATES :

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

performance and self certificates submitted by him are correct and genuine before enclosing

them in the bid. The onus of proving genuineness of the submitted documents would rest

with the bidder.

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

to be false / fabricated / tempered / manipulated either during bid evaluation or during award

of contract or thereafter, then the Purchaser will take action as per Clause-1 of Appendix-1

of this section.

Page 21 of 57


Appendix-1 to Section- 4 (Part-A)

Sr.

No.

Defaults of the bidder / vendor Action to be taken

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 Sales Tax, Income Tax departments etc and as supporting documents towards other terms & conditions with the bid to meet terms & condition of tender :

(i) If detection of default is prior to 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.

(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.

Page 22 of 57


Sr.

No.


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.

4.1 Failure to supply and/ or Commission the equipment 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 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) Under take purchase/ work for balance quantity at the risk & cost of defaulting vendor. iii) Recover the excess charges if incurred from the PG/ SD and outstanding bills of the defaulting Vendor.

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

i) If the material is not at all acceptable, then return the non-acceptable material (or its part) & recover its cost, if paid, from the o/s bills/ PG/ SD. OR ii) If the material is inducted in network & it is not possible to return it and/ or material is acceptable with degraded performance, the purchaser may determine the price for degraded equipment (Financial penalty = Price – price determined for degraded equipment) himself and/ or through a committee. Undertake recovery of financial penalty from outstanding dues of vendor including PG/ SD.

Page 23 of 57


Sr.

No.


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

i) If the material is not at all acceptable, then return the non-acceptable material (or its part) & recover its cost, if paid, from the o/s bills/ PG/ SD; OR ii) If the material is inducted in network & it is not possible to return it and/ or material is acceptable with degraded performance, the purchaser may determine the price for degraded equipment (Financial penalty = Price – price determined for degraded equipment) himself and/ or through a committee. Undertake recovery of financial penalty from outstanding dues of vendor including PG/ SD; and iii) Withdrawal of TSEC/ IA issued by QA Circle.

6 Submission of claims to BSNL against a contract

i) Recovery of over payment from the outstanding dues of Vendor including EMD/ PG & SD etc. and by invoking ‘Set off’ clause 11 of Section 5 Part A or by any other legal tenable manner. ii) Banning of Business for 3 years from date of issue of banning order or till the date of recovery of over payment in full, whichever is later.

(a) for amount already paid by BSNL (b) for Quantity in excess of that supplied by

Vendor to BSNL. c) for unit rate and/ or amount higher than

that approved by BSNL for that purchase.

Note 5:- The claims may be submitted with or without collusion of BSNL Executive/ employees.

Note 6:- This penalty will be imposed irrespective of the fact that payment is disbursed by BSNL or not.

7 Network Security/ Safety/ Privacy:- If the vendor tampers with the hardware, software/ firmware or in any other way that

i) Termination of PO/ WO. ii) Banning of business for 3 years which implies barring further dealing with the vendor for procurement of Goods & Services including participation in future tenders invited by BSNL for 3 years from date of issue of banning order. iii) Recovery of any loss incurred on this account from the Vendor from its PG/ SD/ O/s bills etc. iv) Legal action will be initiated by BSNL against the Vendor if required.

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

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

c) tampers with the billing related data/ invoicing/ account of the Customer/ User(s) of BSNL and/ or any other TSP(s).

d) hacks the account of BSNL Customer for unauthorized use i.e. to threaten others/ spread improper news etc.

e) undertakes any action that affects/ endangers the security of India.

Page 24 of 57


Sr.

No.


8 If the vendor is declared bankrupt or insolvent or its financial position has become unsound and in case of a limited company, if it is wound up or it is liquidated.

i) Termination/ Short Closure of the 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 network & it is not possible to return it and/ or material is acceptable with degraded performance, the purchaser may determine the price for degraded equipment (Financial penalty = Price – price determined for degraded equipment) himself and/ or through a committee. Undertake recovery of financial penalty from outstanding dues of vendor including PG/ SD.

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

i) Termination/Short Closure of the PO/ WO. ii) Settle bills for the material 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 network & it is not possible to return it and/ or material is acceptable with degraded performance, the purchaser may determine the price for degraded equipment (Financial penalty = Price – price determined for degraded equipment) himself and/ or through a committee. Undertake recovery of financial penalty from outstanding dues of vendor including PG/ SD.

Page 25 of 57


Sr.

No.


10 If the vendor does not return/ refuses to return BSNL’s dues:

i) Take action to appoint Arbitrator to adjudicate the dispute.

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

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

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

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

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

i) Banning of business for 3 years which implies Barring further dealing with the vendor for procurement of Goods & Services including participation in future tenders invited by BSNL for 3 years from date of issue of banning order.

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

(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/ AMC / CAMC which will continue along with settlement of Bills.

Page 26 of 57


SECTION-4 (Part-B)

E-TENDERING INSTRUCTIONS TO BIDDERS

General:

The Special Instructions (for e-Tendering) supplement ‘Instruction to Bidders’, as enclosed in Section-4

(Part-A) of the tender document. Submission of Bids only through online process is mandatory for this

Tender.

E-Tendering is a new methodology for conducting Public Procurement in a transparent and

secured manner. Suppliers/ Vendors will be the biggest beneficiaries of this new system of procurement.

For conducting electronic tendering, BSNL, Rajkot Telecom District has decided to use the portal


Benefits to Suppliers are outlined on the Home-page of the portal.

1. Tender Bidding Methodology:

Sealed Bid System - ‘Single Stage - Two Envelopes’, followed by ‘e-Reverse

Auction’ if applicable after opening of Financial-part (Financial & Technical bid shall be

submitted by the bidder at the same time).

2. Broad outline of activities from Bidders prospective:

1) Procure a Digital Signing Certificate (DSC)

2) Register on Electronic Tendering System on e-procurement portal of Gujarat

Circle

3) View Notice Inviting Tender (NIT) on e-procurement portal of Gujarat Circle

4) Download Official Copy of Tender Documents from e-procurement portal of Gujarat

Circle

5) Clarification to Tender Documents on e-procurement portal of Gujarat Circle

-- Query to BSNL (Optional)

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

6) Bid-Submission on e-procurement portal of Gujarat Circle

7) Attend Public Online Tender Opening Event (TOE) on e-procurement portal of Gujarat

Circle for opening of Technical-Part

8) View /Post-TOE Clarification on e-procurement portal of Gujarat Circle (Optional)

respond to BSNL’s Post-TOE queries

9) Attend Public Online Tender Opening Event (TOE) on e-procurement portal of

Gujarat Circle on opening of Financial-Part (Only for Technical Responsive Bidders)

10) Participate in e-Reverse Auction if applicable on e-procurement portal of Gujarat Circle.

11) Submission of offline documents in sealed envelope at AGM (MM) O/o GMTD,

BSNL, 2nd

Floor, Bhaktinagar Telephone Exchange Building, Lohanagar,

Rajkot-360002 on or before the date & time of submission of bids specified in the

NIT.

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

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

relevant screens of the e-procurement portal of Gujarat Circle.


Page 27 of 57


3. Digital Certificates:

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

compliant with IT Act 2000, it is necessary for each user to have a Digital Certificate (DC)

also referred to as Digital Signature Certificate (DSC), of Class 2 or above, issued by a

Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer

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

4. Registration:

To use the Electronic Tender

portal https://eprocurement.synise.com/bsnl1/gujarat

Vendor need to register on the portal ( if not registered earlier). Registration of each

organization is to be done by one of its senior persons who will be the main person

coordinating for the e-tendering activities. In E-procurement terminology, this person

will be referred to as the Super User (SU) of that organization. For further details, please

visit the website / portal https://eprocurement.synise.com/bsnl1/gujarat (on the Home

Page), and follow further instructions as given on the site.

Note: After successful submission of Registration details and Annual Registration Fee

(as applicable). Please contact e-Procurement Technologies Ltd. Helpdesk (as

given below), to get your registration accepted/activated.

Help-desk:

M/s Synise Technologies Limited Help desk Contact details

Telephone Nos.: 020-30277517, 522, 516

[between 10:00 hrs to 18:00 hrs on working days]

Mobile Nos.: +91 7774013247, 7774013248

E-mail ID: [email protected]

BSNL Contact:

BSNL’s Contact Person 1:

Shri R.P. Kalaria, AGM (MM)

Telephone:

Mobile:

0281-2378816

+91 94277 27027



BSNL’s Contact Person 2:

Shri P. B.Vyas, JTO (MM)

Telephone:

Mobile:

0281-2378819

+91 94260 06455



5. Bid related Information for this Tender (Sealed Bid):

The entire bid-submission would be online on e-procurement portal of Gujarat Circle.

Broad outline of submissions are as follows:

Submission of Bid Security/ Earnest Money Deposit (EMD)

Submission of digitally signed copy of Tender Documents/ Addendum

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

Page 28 of 57


Two Envelopes

Techno-commercial-Part

Financial-Part

Each of the above electronic envelopes consists of Main bid and Electronic form (both

mandatory) and bid Annexure (Optional).

NOTE: Bidder must ensure that after following above the status of bid submission must

become- “Complete”.

6. Offline Submissions:

The bidder is requested to submit the following documents offline to AGM (MM) O/o

GMTD, BSNL, 2nd

Floor, Bhaktinagar Telephone Exchange Building, Lohanagar,

Rajkot-360002 on or before the date & time of submission of bids specified in the NIT of

this tender document, in a Sealed Envelope. This envelope should be superscribed as “BID

SECURITY AND ELIGIBLE DOCUMENTS FOR Tender

No……....………………………………………...dated ….…….. ”. The envelope shall bear

the words ‘DO NOT OPEN BEFORE’ (due date &time). This envelope shall also indicate

the name and complete postal address of the bidder to enable the User to return the bid

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

1. Bid Security (EMD) in Original OR

Self attested copy of a proof regarding valid registration with NSIC / body specified by

MSME for the tendered item in case of MSE / SSI for exemption from submission of

Bid Security.

2. Demand Draft / Bankers cheque drawn in favour of “Accounts Officer (Cash),

BSNL, O/o GMTD, Rajkot” payable at Rajkot against payment of tender fee.

3. Power of attorney if applicable.

4. A proof regarding current registration with NSIC for the tendered item will have to

be submitted in case of MSE / Small Scale Industries for exemption from

submission of Bid security / Tender fee.

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

documents during e-format Bid Submission.

7. Special Note on Security of Bids:

Security related functionality has been rigorously implemented in e-procurement portal

of Gujarat Circle in a multidimensional manner. Starting with 'Acceptance of

Registration by the Service Provider', provision for security has been made at

various stages in Electronic Tender's software. Specifically for Bid Submission, some

security related aspects are outlined below:

As part of the Electronic Encrypter™ functionality, the contents of both the ‘Electronic Forms’ and the ‘Main-Bid’ are securely encrypted using a Pass-Phrase

created by the Bidder himself. Unlike a ‘password’, a Pass-Phrase can be a multi-word

sentence with spaces between words (e.g. I love this World). A Pass-Phrase is easier to

remember, and more difficult to break. It is recommended that a separate Pass-Phrase be

created for each Bid-Part. This method of bid-encryption does not have the security and

Page 29 of 57


data-integrity related vulnerabilities which are inherent in e-tendering systems which

use Public-Key of the specified officer of a Buyer organization for bid-encryption.

Bid-encryption in e-procurement portal of Gujarat Circle is such that the Bids cannot be

decrypted before the Public Online Tender Opening Event (TOE), even if there is

connivance between the concerned tender-opening officers of the Buyer organization and the

personnel of e-tendering service provider.

Typically, ‘Pass-Phrase’ of the Bid-Part to be opened during a particular Public Online

Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself,

when demanded by the concerned Tender Opening Officer.

There is an additional protection with SSL Encryption during transit from the client end

computer of a Supplier organization to the e-tendering server/ portal.

8. Public Online Tender Opening Event (TOE):

e-procurement portal of Gujarat Circle offers a unique facility for ‘Public Online Tender Opening Event (TOE)’. Tender Opening Officers as well as authorized representatives of

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

offices. For this purpose, representatives of bidders (i.e. Supplier organization) duly

authorized are requested to carry a Laptop and Wireless Connectivity to Internet.

Every legal requirement for a transparent and secure ‘Public Online Tender Opening Event

(TOE)’ has been implemented on e-procurement portal of Gujarat Circle.

As soon as a Bid is decrypted with the corresponding ‘Pass-Phrase’ as submitted online

by the bidder himself (during the TOE itself), salient points of the Bids are

simultaneously made available for downloading by all participating bidders. The tedium

of taking notes during a manual ‘Tender Opening Event’ is therefore replaced with this

superior and convenient form of ‘Public Online Tender Opening Event (TOE)’.

e-procurement portal of Gujarat Circle has a unique facility of ‘Online Comparison Chart’ which is dynamically updated as each online bid is opened. The format of the chart is based

on inputs provided by the Buyer for each Tender. The information in the Comparison Chart is

based on the data submitted by the Bidders. A detailed Technical and/ or Financial

Comparison Chart enhances Transparency. Detailed instructions are given on relevant screens.

e-procurement portal of Gujarat Circle has a unique facility of a detailed report titled

‘Minutes of Online Tender Opening Event (TOE)’ covering all important activities of ‘Online Tender Opening Event (TOE)’. This is available to all participating bidders for ‘Viewing/ Downloading’.

There are many more facilities and features on e-procurement portal of Gujarat Circle.

For a particular tender, the screens viewed by a Supplier will depend upon the

options selected by the concerned Buyer.

NOTE: In case of internet related problem at a bidder’s end, especially during ‘critical events’ such as – a short period before bid-submission deadline, during online public tender opening

event, during e-auction, it is the bidder’s responsibility to have backup internet connections.

In case there is a problem at the e-procurement/ e-auction service-provider’s end (in the server, leased line, etc.) due to which all the bidders face a problem during critical events,

and this is brought to the notice of BSNL by the bidders in time, then BSNL will promptly

re-schedule the affected event(s).

Page 30 of 57


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

https://eprocurement.synise.com/bsnl1/gujarat and go to the User-Guidance Center.

The help information provided through ‘e-procurement portal of Gujarat Circle User-

Guidance Center’ is available in three categories - Users intending to Register / First-Time

Users, Logged-in users of Buyer organizations, and Logged-in users of Supplier

organizations. Various links are provided under each of the three categories.

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

organizations should thoroughly peruse the information provided under the relevant links,

and take appropriate action. This will prevent hiccups, and minimize teething problems in

the use of e-procurement portal of Gujarat Circle

The following ‘FOUR KEY INSTRUCTIONS for BIDDERS’ must be assiduously adhered to:

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

first tender submission deadline on e-procurement portal of Gujarat Circle

2. Register your organization on e-procurement portal of Gujarat Circle well in advance

of your first tender submission deadline on e-procurement portal of Gujarat Circle

3. Get your organization’s concerned executives trained on e-procurement portal of

Gujarat Circle well in advance of your first tender submission deadline on e-

procurement portal of Gujarat Circle

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

portal of Gujarat Circle (There could be last minute problems due to internet

timeout, breakdown, etc.). While the first three instructions mentioned above are

especially relevant to first-time users of e-procurement portal of Gujarat Circle, the

fourth instruction is relevant at all times.

10. Minimum Requirements at Bidders end:

Computer System with good configuration - the users have to ensure that they

have Computer System with good configuration (Min P IV, 1 GB RAM,

Windows XP) / Windows Vista / Windows 7 installed in their respective PC /

Laptop

Broadband connectivity.

Microsoft Internet Explorer 8.0 or above

Digital Certificate(s) for users

11. Vendors Training Program:

One day training (10:00 to 17:00) would be provided, if required by bidders. Training is

optional. Vendors may please send their request for training to AGM (MM) O/o GMTD,

BSNL, 2nd

Floor, Bhaktinagar Telephone Exchange Building, Lohanagar, Rajkot-

360002 by Email. Vendors are requested to carry a Laptop and Wireless Connectivity to

Internet.

Tentative Dates Date of uploading of Tender document + 7 days

Venue Conference Hall O/o GMTD, BSNL,

1st Floor, Bhaktinagar Telephone Exchange

Building, Lohanagar, Rajkot-360002

Vendor Training Charges ( per

participant) per training day

Rs. 5000/- ( including service Tax)

Mode of Payment of Fee DD drawn in favour of M/s Synise Technologies

Ltd.

Page 31 of 57


SECTION-5 (Part-A)

GENERAL (COMMERCIAL) CONDITIONS OF CONTRACT

1 APPLICATION :

The General Conditions shall apply in contracts made by the BSNL for the services rendered

by the bidder.

2 STANDARDS :

The services provided under this contract shall conform to the standards prescribed in the

special conditions mentioned in Section-5 Part B.

3 PATENT RIGHTS :

The contractor shall indemnify BSNL Rajkot against all third-party claims of infringement

of patent, trademark or industrial design rights arising from use of the goods or any part

thereof in Indian Telecom Network.

4 PERFORMANCE SECURITY :

4.1 The Contractor (including MSEs who are registered with the designated MSME bodies like

National Small Scale Industries Corporation etc.) shall furnish performance security to the

BSNL for an amount of 5% of contract value in the form of D.D./ F.D.R. / Bank Guarantee

as in Proforma of Section-7(B), within 14 days from the date of issue of Provisional

Acceptance Letter.

4.2 The proceeds of the performance security shall be payable to BSNL Rajkot as compensation

for any loss resulting from the Contractor'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

Nationalized bank / Scheduled Bank and in the format provided in the Bid Document.

4.4 BSNL will discharge the Performance Security Bond after completion of the Contractor's

performance obligations including any Warranty obligations under the Contract.

4.5 If the contractor fails or neglects to perform any of his obligation under the contract, it shall

be lawful for the BSNL to forfeit either whole or any part of the security deposit furnished

by the contractor, which does not amount to imposing of penalty, after issuing “SHOW-

CAUSE NOTICE” which will be duly examined for final decision by the competent

authority and the decision conveyed to the tenderer in writing.

5 INSPECTION AND TESTS :

5.1 BSNL Rajkot or his representative shall have the right to inspect and test the repaired power

plants and module as per prescribed test schedules for their conformity to the specifications.

Where BSNL Rajkot decides to conduct such tests on the premises of the Contractor or its

subcontractor(s), all reasonable facilities and assistance like Testing Instruments and other

test gadgets including access to drawings and production data shall be furnished to the

inspectors at no charge to the Purchaser.

Page 32 of 57


5.2 Should any inspected or tested repaired power plant and/ or module fail to conform to the

Specifications BSNL Rajkot may reject them and the Contractor shall either replace the

rejected repaired module or make all alterations necessary to meet Specification

requirements free of cost to the Purchaser.

5.3 Notwithstanding the pre-repair tests and inspections prescribed in clause 5.1 & 5.2 above,

the module and accessories on receipt in BSNL 's premises will also be tested during and

after installation before "take over" and if any equipment or part thereof is found defective,

the same shall be replaced free of all cost to BSNL Rajkot.

5.4 If any Power Plant and/ or module or any part thereof, before it is taken over under clause

5.5 is found defective or fails to fulfill the requirements of the contract, the inspector shall

give the Contractor notice setting forth details of such defects or failure and the Contractor

shall make the defective module good, or alter the same to make it comply with the

requirements of the contract forthwith and in any case within a period not exceeding one

month of the initial report. The replacements shall be made by the Contractor free of all

charges at site, should it fail to do so within this time, BSNL Rajkot reserves the discretion

to reject and replace at the cost of the Contractor the whole or any portion of the module as

the case may be, which is defective or fails to fulfill the requirements of the contract. The

cost of any such replacement made by BSNL Rajkot shall be deducted from the amount

payable to the Contractor.

5.5 When the performance tests called for have been successfully carried out, the inspector/

ultimate Consignee will forthwith issue a Taking Over Certificate. The inspector/ultimate

consignee shall not delay the issue of any "Taking Over Certificate “ contemplated by this

clause on account of minor defects in the module which do not materially affect the

commercial use thereof provided that the Contractor shall undertake to make good the same

in a time period not exceeding two months. The taking Over Certificate shall be issued by

the ultimate consignee within six weeks of successful completion of tests.

5.6 Nothing in clause 5 shall, in any way; release the Contractor from any Warranty or other

obligations under this contract.

6 DELIVERY AND DOCUMENTS:

6.1 Delivery of the module and documents shall be made by the Contractor in accordance with

the terms specified by BSNL Rajkot in its Schedule of Requirements and special conditions

of contract and the module shall remain at the risk of the contractor until delivery has been

completed. The delivery of the module shall be to the ultimate consignee as given in FAT.

6.2 The delivery of the repaired module and documents shall be completed within 15 (fifteen)

days from the date of issue of work order.

6.3 All Technical assistance for installation, commissioning and monitoring of the module shall

be provided by the bidders at no extra cost.

6.4 Contractor shall have to notify contact details (Phone & Fax no. , email address) where fault

is to be made over.

6.5 The contractor shall either repair the faulty power pant and/ or its modules at the respective

site or shall have to collect the same from the site at its own. The turnaround time shall be

calculated from the date of making over of the fault at the contact details of the contractor

and the repaired module has to reach the respective site within 15 days time.

Page 33 of 57


7 INCIDENTAL SERVICES:

The contractor may be required to provide any or all of the following services:

(a) Performance or supervision of on-site repair and/or start-up of the module.

(b) Furnishing of tools required for repair and/or maintenance of modules.

(c) Performance of supervision or maintenance and/or repair of the power plant and

module, for a period of time agreed by the parties provided that this service shall not

relieve the contractor of any Warranty obligations under this Contract.

8 SPARES: - All the spares should be provided by the contractor including major

components.

9 WARRANTY:

9.1 The contractor shall warrant that repaired power plant module shall be free from all defects

and faults in materials used, workmanship. This warranty shall survive inspection or

payment for/and acceptance of module, but shall expire (except in respect of complaints

notified prior to such date), THREE (03) months after the modules have been put in to use

in P.P.

9.2 If it becomes necessary for the contractor to replace or renew any defective portion(s) of the

power plant or module under this clause, the provisions of the clause 9.1 shall apply to the

portion/portions module so replaced or renewed or until the end of the above mentioned

period of Three months, whichever may be later. If any defect is not remedied by the

contractor within a reasonable time, BSNL Rajkot may proceed to get the defects remedied

from other contractor etc., at the contractor's risk and expenses, but without prejudice to any

other rights which BSNL Rajkot may have against the contractor in respect of such defects.

9.3 Replacement under warranty clause shall be made by the contractor free of all charges at site

including freight, insurance and other incidental charges.

10 PAYMENT TERMS :

10.1 The contractor will submit the bill to the SDE I/C in quadruplicate that should be typed or

written in ink. The original copy of the bill must be Pre-receipted over revenue stamp, if the

amount exceeds Rs. Five Thousand. The bill should along with the original work order. The

bill should contain Service Tax number, Registration number and should be machine

numbered.

10.2 The bill duly certified by the controlling officer SDE and duly passed by DE concerned may

be submitted to AO (Claim), BSNL, Rajkot for further processing for payment. LD charge,

if any, will be deducted by the DE concerned and the net amount may be passed for

payment.

10.3 BSNL, Rajkot will not be liable for any interest on any bill outstanding for payment.

10.4 The contractors should submit the bill within the warranty period (3 months) otherwise such

bill will not be considered for payments. No claim after one year of work execution will be

entertained for payments.

Page 34 of 57


10.5 Recovery of sum due: Whenever any claim for the payment of a sum of money has arisen

out of or under this contract against the contractor, the BSNL shall be entitled to recover

such sum by appropriating in part or whole the security deposited by the contractor, if a

security is taken from the contractor then the balance of the total sum recoverable as the case

may be shall be deducted from any sum then due or which at any time thereafter may

become due to the contractor under this or any other contract with Rajkot Telecom District.

The contractor shall pay to the BSNL on demand the remaining balance due.

10.6 No advance payment will made & no deviation on these may be acceptable.

10.7 Contractor shall pay all taxes, levies & duties applicable from time to time.

11 RATES:

a) Rates charged by the contractor for repaired power plant and modules and services

performed under the Contract shall not be higher than the rates quoted by the contractor in

his Bid.

b) In case of revision of Statutory Levies/Taxes during the finalization period of the tender

BSNL, Rajkot reserves the right to ask for reduction in the rates.

c) Rate once fixed will remain valid during the period of contract. Increase and decrease of

taxes/duties will not affect the rate during this period.

d) Any increase in taxes and other statuary duties/levies after the expiry of the delivery date

shall be to the contractor's account. However benefit of any decrease in these taxes/duties

shall be passed on to BSNL, Rajkot by the contractor.

12 CHANGES IN WORK ORDERS:

BSNL, Rajkot may, at any time, by a written order given to the contractor, make changes

within the general scope of the contract in any one or more of the following.

(a) the method of transportation or packing.

(b) the place of delivery; or

(c) the services to be provided by the contractor.

13 SUBCONTRACTS:

The contractor shall notify BSNL, Rajkot in writing of all subcontracts awarded under this

contract if not already specified in his bid. Such notification, in his original bid or later shall

not relieve the contractor from any liability or obligation under the Contract.

14 DELAYS IN THE CONTRACTOR'S PERFORMANCE:

Delivery of the module shall be made by the contractor in accordance with the time schedule

specified by BSNL, Rajkot in its work Order. In case the repair is not completed in the

stipulated delivery period, as indicated in the work Order, BSNL, Rajkot reserves the right

either to short close/cancel this work order and/or recover liquidated damage charges. The

cancellation/short closing of the order shall be at the risk and responsibility of the contractor

and BSNL, Rajkot reserves the right to get repaired balance unprepared modules at the risk

and cost of the defaulting bidders.

Page 35 of 57


Delay by the contractor in the performance of its delivery obligations shall render the

contractor liable to any or all of the following sanctions, forfeiture of its performance

security imposition of liquidated damages and/or termination of the contract for default.

If at any time during the Contract period the contractor encounter conditions impending

timely delivery of the repaired module, the contractor shall promptly notify to BSNL, Rajkot

in writing the fact of the delay, its likely duration and its causes(s). As soon as practicable

after receipt of the contractor’s notice, BSNL, Rajkot shall evaluate the situation and may at its discretion extend the period of delivery of the modules (by not more than 2 weeks)

subject to the LD charges.

If the modules are not repaired in the extended delivery period, the work order shall be short-

closed and the Performance securities shall be forfeited.

15 LIQUIDATED DAMAGES

15.1 The date of delivery of the stores stipulated in the acceptance of 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 exception circumstances. Should,

however, deliveries be made after expiry of the contract delivery period, without prior

concurrence of BSNL, Rajkot and be accepted by the consignee, such deliveries will not

deprive BSNL, Rajkot of his right to recover liquidated damages under clause 15.2 below.

15.2 Should the contractor fail to deliver the modules within the period prescribed for delivery,

BSNL, Rajkot shall be entitled to recover Rs.100/- per module for each day of delay or part

thereof for a period up to 3(Three) days and thereafter at the rate of Rs.200/- per module for

each day of delay or part thereof for another one week of delay. In the case of where the

delayed portion of the repaired module hampers working of exchange. L/D charges shall be

levied as above plus 50% of the total value of the concerned package of the work Order.

Quantum of liquidated damages assessed and levied by BSNL, Rajkot shall be final and not

challengeable by the contractor.

16 FORCE MAJEURE:

If 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 reason 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 (Herein after

referred to as an 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 the 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

BSNL, Rajkot 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 reason of any such event for a period exceeding 60 days

either party may, at his option terminate the contract.

17 TERMINATION FOR DEFAULT:

17.1 BSNL, Rajkot may, without prejudice to any other remedy for breach of contract, by written

notice of default, sent to the contractor, terminate this Contract in whole or in part

Page 36 of 57


a) If the contractor fails to deliver any or all of the module within the time period(s) specified

in the Contract or any extension thereof granted by BSNL, Rajkot pursuant to Clause 14.

b) If the contractor fails to perform any other obligation(s) under Contract: and

c) If the contractor, in either of the above circumstances, does not remedy his failure within a

period of 15 days (or such longer period as BSNL, Rajkot may authorize in writing) after

receipt of the default notice from BSNL, Rajkot.

17.2 In the event BSNL, Rajkot terminates the contract in whole or in part, pursuant to para 17.1

BSNL, Rajkot may get repaired, upon such terms and in such manner as it deems

appropriate, module form other sources and the contractor shall be liable to BSNL, Rajkot

for any excess cost for such similar module . However, the contractor shall continue the

performance of the contract to the extent not terminated.

18 TERMINATION FOR INSOLVENCY

BSNL, Rajkot may at any time terminate the Contract by giving written notice to the contractor,

without compensation to contractor, if the contractor becomes bankrupt or otherwise insolvent as

declared by the competent court provided that such termination will not prejudice or affect any

right or action or remedy which has accrued or will accrue thereafter to BSNL, Rajkot.

19 ARBITRATION:

19.1 In the event of any question, dispute or difference arising under this agreement or in

connection there-with (except as to matters the decision to which is specifically provided

under this agreement), the same shall be referred to sole arbitration of the Chief General

Manager, Ahmedabad or in case his designation is changed or his office is abolished then in

such case to the sole arbitration of the officer for the time being entrusted (whether in

addition to his own duty or otherwise) the functions of the Chief General Manager or by

whatever designation such officers may be called (hereinafter referred to as the said officer),

and if the Chief General Manager, Am, or the said officer is unable or unwilling to act as

such, then to the sole arbitration or some other person appointed by the Chief General

Manager, or the said officer. The agreement to appoint an arbitrator will be in accordance

with the Arbitration and Conciliation Act, 1996. There will be no objection to any such

appointment that the arbitrator is Government Servant or that he has to deal with the matter

to which the agreement relates or that in the course of his duties as Government Servant he

has expressed his views on all or any of the matters in dispute. The award of the arbitrator

shall be final and binding on both the parties to the agreement. In the event of such an

arbitrator to whom the matter is originally referred, being transferred or vacating his office

or being unable to act for any reasons whatsoever the CGM or the said officer shall appoint

another person to act as arbitrator in accordance with terms of the agreement and the person

so appointed shall be entitled to proceed from the stage at which it was left out by his

predecessors.

19.2 The arbitrator may from time to time with the consent of both the parties enlarge the time

frame for making and publishing the award. Subject to aforesaid, Arbitration and

Conciliation Act, 1996 and the Rules made there under, any modification thereof for the

time being in force shall be deemed to apply to the arbitration proceeding under this

clause.

19.3 The venue of the arbitration proceeding shall be the Office of the Chief General

Manager, BSNL, Ahmedabad or such other places as the arbitrator may decide.

Page 37 of 57


20 SET OFF :

Any sum of money due and payable to the contractor (including security deposit refundable

to him) under this contract may be appropriated by BSNL, Rajkot or BSNL or any other

person or persons contracting through BSNL and set off the same against any claim of

BSNL, Rajkot or BSNL or such other person or persons for payment of a sum of money

arising out of this contract or under any other contract made by the Contractor with BSNL,

Rajkot or BSNL or such other person or persons contracting through BSNL

21 The bidders, who are given work Orders, must give the details of the supplies made against

all the work Orders every month on the first working day of the following month to AGM

(MM) , O/o GMTD, Rajkot Telecom District.

22 STATUTORY OBLIGATIONS :

22.1 The payment of wages of the staff/worker should be made in accordance with the Minimum

Wages Act. Any breach of such laws or regulations shall be deemed to be breach of this

contract.

22.2 The Contractor will have to observe the statutory obligations imposed under the concerned

applicable laws such as the Contract Labour(R&A) Act 1970 with Contract Labour(R&A)

1971. The Employees State Insurance Act 1948, the provident Fund Act. The Minimum

Wages Act 1948, the payment of Bonus Act, 1963, Act 1927, I.D. Act, 1947 and the

provisions of Employment of Children Act 1938, House of Employment Regulation and

Children Act 1938, . The Shops and Establishment Act. , Etc. and other relevant Acts

applicable and/or statutes that may be applicable from time to time or that may be introduced

by the Central/State Government or Municipal/Local Self Government authorities

subsequent to the date of this agreement.

22.3 The Contractor shall keep the BSNL indemnified from all acts of omissions, defaults,

breaches and/or any claim damages, loss or injury and expenses to which BSNL may be put

to or involved as a result of Contractor’s failure to fulfill any of the obligations here under and/or under statutes and/or any bye-laws or rules framed there under or any of them.

22.4 In case of accident arising out of and in the course of this agreement, BSNL will not be

responsible for payment of any compensation or under any other law. It will be the sole

responsibility of the contractor for payment towards loss or compensation whatsoever.

22.5 All the taxes/levies/fee charges payable to Govt. Deptt./Local bodies shall be paid by the

contractor & no claim whatsoever should be recovered from the BSNL.

22.6 As per Para 3.67 of the recommendation/observation of Tenth Report of parliamentary

standing committee on labour ,Contractor would provide the same social security to the

labours engaged by him as is available to regular employees (vii) As per Para 3.68 of the

recommendation/observation of Tenth Report of parliamentary standing committee on

labour, Contractor shall ensure implementation of equal pay for equal work and also equal

remuneration to men and women.

Page 38 of 57


23 PERIOD OF CONTRACT :

23.1 Tender is for the period of one year. The department reserves right to extend the contract on

same terms & conditions for further period of one year or part thereof and same shall be

binding to contractor.

23.2 The contract can be terminated at any time by GMTD Rajkot without assigning any reason,

and without notice.

24 COURT JURISDICTION :

(i) Any dispute arising out of the tender/bid document/ evaluation of bids/issue of

AWO shall be subject to the jurisdiction of the competent court at the place from

where the NIT/tender has been issued.

(ii) Where a contractor has not agreed to arbitration, the dispute/claims arising out of the

Contract/WO entered with him shall be subject to the jurisdiction of the competent

Court at the place from where Contract/WO has been issued. Accordingly, a

stipulation shall be made in the contract as under.

“This Contract/WO is subject to jurisdiction of Court at Rajkot only”.

Page 39 of 57


SECTION-5 (Part-B)

SPECIAL CONDITIONS OF CONTRACT

1. SCOPE OF WORK:

1.0 The Rate running contract is for repairing of SMPS Power Plant of different make and

capacity (i.e. ITI, HECL, DYNA, Excel, Amararaja, BS, HBL nife, Subnise, Arwind

Beining XL-HY, Himachal Exicom, etc.) installed at various telephone exchanges installed

in Rajkot Telecom District.

The tenderer will use standard original material to rectify faults. As such the department will

not supply any type of materials. Cannibalizing will not be accepted.

It will be the responsibility of the contractor that the power plant unit/module remains in

working condition in all respects during contract period.

1.1 The contractor shall have to repair different capacity of SMPS Modules 25/ 50/ 100/ 200

AMP during the period as and when required.

1.2 The work of repair of 25A, 50A,100A & 200A etc Modules of SMPS Power Plant involves

collection wherever faulty, from concerned SDE/JTO in charge of exchange, its repair and

returning back at the same exchange.

1.3 The contract shall cover all types Modules of SMPS Power Plant including having PCB

fault. However, during course of contract, if any other make is added by the Department the

contractor will undertake that particular make at the minimum quoted rate after warranty

period is over.

1.4 The contractor will maintain a logbook / visit report for the visit, get the signature of

concerned in charge and submit along with bill. Officer in charge shall also keep a record &

mention the same at the time of forwarding the bill of contractors.

1.5 Rates quoted shall include all types of faults removing with using required materials i.e. the

contract is for all repairs which includes replacement of any part of the same make if

required.

1.6 While handling of 25/50/100 & 200 etc SMPS P/P a module in Telecom Exchange premises

the contractor has to take all precautions for safety of Telecom Components and existing

telecom equipments.

1.7 The contractor will be held responsible for any damages caused to human or material during

the execution of work.

1.8 The authorized officer/person of the department will have the liberty to check & verify the

material and work etc.

1.9 All the materials of standard quality shall be used. Before replacement of spares/materials,

the same may be got approved from the in charge officer. A register is to be maintained at

each place mentioning the date of fault restoration, replacement of spares etc. and to be kept

with the officer in charge of the exchange.

Page 40 of 57


1.10 No transportation facility will be given by BSNL, if equipment is required to be transported

to service station, no traveling / transport expense shall be payable to the person attending

the equipment. Octroi charges if any shall also payable by contractor.

1.11 The contractor has to carry out the required work strictly according to guidance given by the

authorized officer of the department.

1.12 The contractor should ensure those only license holder people i.e. authorized by him are to

be sent for attending the fault/equipment at the site. BSNL will not be responsible for any

accident or legal complication thereafter.

1.13 No tools/materials/spares will be supplied by the BSNL

1.14 The contractor shall keep records of all material brought to the exchange for use in

25Amp,50 Amp, 100 Amp & 200 Amp etc. SMPS P/P modules and get the signature of the

exchange in charge/ his representative, similarly he shall get a gate pass from building

/officer in charge for taking out any material/ parts etc.

1.15 The contractor will responsible for any loss arising out of his negligence to any property or

person affected and claims by third party.

1.16 The rates quoted by the tenderer for repair and accepted by the department shall remain firm

and valid during the initial period of one year which can be extended for further one year on

same rates, terms and conditions if department so desires.

1.17 The contractor is responsible for the execution of the contract in all respects in accordance

with the terms and conditions as specified in the tender/schedule annexed here to.

1.18 The contractor shall not subject, transfer or assign the contract or any part thereof without

the written permission of the GMTD Rajkot.

1.19 The department reserves the right to carry out any work in part or full through department or

through any other contractor/agency on cost and risk basis of the contractor. In such event

no compensation shall be payable by the BSNL to the contractor towards

inconvenience/loss.

1.20 The Tenderer is advised to visit the sites before quoting the rates for repair of SMPS.

1.21 No module should be diverted from the one power plant to any other Power Plant.

1.22 SMPS Power Plant comes with control units and Power Modules. Power Modules are of

various capacity like 25Amp, 50 Amp, 100 Amp , 200 Amp. etc. In the case i.e. Power Plant

in repair, which offer to vender doing necessary repair of power module will ensure that all

the power modules are under the control of control unit. At the same time while taking any

faulty module contractor will rearrange the data wiring of Power Plant to bring all the

remaining power modules under control of Control unit.

2. Collection of Faulty 25 A, 50 A, 100 A & 200 A etc. Modules of SMPS P/P:

2.0 If any fault arises then officer in charge will inform contractor telephonically and maintain

the record for every call made to contractor. This intimation will be sent on Telephone

/SMS/ FAX/ E-mail. This shall be followed by a letter within a week. Contractor shall give

details of Telephone No, Mobile No & Fax Number so that If any fault arise then complaint

Page 41 of 57


can be booked telephonically. It is preferable that either Telephone or Mobile or both

numbers are of BSNL. A repair of the Power Plant Modules is generally to be carried out in

exchange premises only. In case of necessity the contractor may take the

modules/units/control panel to the repair centre at his own cost with the consent of Office in

Charge of the exchange.

2.1 The contractor shall collect the module from the concerned SDE/JTO in charge within

THREE days from the date of intimation under proper receipt to the concerned in charge

However under emergent condition the collection of modules to be done on the same day.

2.2 The contractor shall pack the faulty Modules and take the same to the workshop for its repair

and bring back to the unit at his cost (if not repairable at site). Packing, transport and

delivery of faulty as well as repaired modules is the responsibility of the contractor.

2.3 The contractor shall acknowledge receipt of received 25 A, 50 A, 100 A & 200 A etc

Modules of SMPS P/P to the concerned officer in charge.

2.4 Before accepting the faulty 25 A, 50 A, 100 A & 200 A etc. Modules of SMPS P/P the

contractor may check that 25 A, 50 A, 100 A & 200 A etc. Modules of SMPS P/P are

complete in all respects and all components (which need not be of same company) are

available in each 25 A, 50 A, 100 A & 200 A Modules of SMPS P/P.

2.5 The faulty 25A, 50 A, 100A & 200 A etc. Modules of SMPS P/P will be handed over to the

contractor on unit basis for repair.

2.6 The contractor will ensure return of the repaired 25A, 50A, 100A & 200 A modules of

SMPS P/P unit wise. The success rate of repair should be 100%. In case it is observed that

any module is beyond repair, in exceptional cases due to being extensively burnt etc.,

contractor will furnish full justification for not accepting the same for repair. However

contractor shall not declare Repair Not Possible (RNP) of Modules more than 5% of the total

accepted modules of each make throughout the tender period (One year).

2.7 The contractor shall repair the faulty 25 A, 50 A, 100 A & 200 A etc Modules of SMPS P/P

at his own workshop as decided by the GMTD Rajkot and return the same to “ concerned

officer in charge” within maximum Fifteen days of its collection. However under emergent

condition as decided by the concerned in charge, the collection and repair shall be made

within the time period given in the work order. Copy of the delivery challan duly signed by

the concerned officer in charge must be submitted along with the bill.

2.8 The contractor shall use good quality components for repair of the 25 A, 50 A, 100 A & 200

A etc Modules of SMPS P/P.

2.9 The contractor cannot claim any place in either “concerned officer in charge” premises or

elsewhere in Rajkot Telecom District premises for undertaking any repairs of 25 A , 50 A,

100 A & 200 A etc Modules of SMPS P/P.

2.10 After carrying out repairs of the faulty 25A, 50A, 100A & 200 A etc. Modules of SMPS P/P,

the contractor shall offer the 25A, 50A, 100A & 200AMP etc. Modules of SMPS P/P to

SDE/JTO /in charge of exchange who will accept the repaired 25A, 50A, 100A & 200 A etc.

Modules of SMPS P/P after inspection and testing.

2.11 The inspection shall be carried out by the SDE/JTO as given in the work order. The

SDE/JTO shall be entitled to reject any 25A / 50A /100A / 200A etc. Modules of SMPS P/P

Page 42 of 57


offered for inspection if in its opinion it has not been properly and fully repaired. Such

decision of inspector/SDE/JTO shall be final and binding on the contractor.

2.12 The contractor shall pack each repaired 25A, 50A, 100A & 200 A etc Modules of SMPS P/P

suitably in a polythene cover after proper cleaning while returning them to “concerned

officer in charge”.

2.13 The contractor shall return the repaired 25A, 50A, 100A & 200 A Modules of SMPS P/P to

the same officer unless specified otherwise in a work order from where these 25A, 50A,

100A & 200 A etc Modules of SMPS P/P were collected for repair after their inspection and

release by the officer.

2.14 The date of receipt of repaired 25A, 50A,100A & 200 A etc Modules of SMPS P/P duly

inspected and cleared by “Officer in charger” shall be reckoned as date of actual receipt of

25A, 50A,100A & 200 A etc Modules of SMPS P/P.

2.15 Repaired modules will be tested by the concerned SDE/JTO officer in charge within TWO

days on receipt of repaired modules; if it is found O.K. then a certificate of this may be

issued to the contractor. Otherwise same shall be returned to the contractor for necessary

action.

2.16 Module repaired will be warranted for a period of three months from date of taken over

during which it will be repaired free of cost unless burnt/physically damaged cases due to

departmental reasons.

3. Reports:

3.0 The contractor shall furnish a summary of fault found and name/details of the components

replaced in repaired Modules lot wise to BSNL exchange in charge.

4. INSURANCE:

4.1 The Contractor shall be responsible for the safety of 25 A, 50 A, 100A & 200A etc Modules

of SMPS P/P while the same are taken after receipt from Rajkot Telecom District to his

works or back. In case of any loss, the contractor will have to reimburse the full cost of

lost/damaged 25A, 50A, 100A & 200A etc Modules of SMPS P/P to BSNL Officer. So it

will be in the interest of contractor to insure the faulty 25A, 50A, 100A & 200A etc Modules

of SMPS P/P and repaired while under movement or stocked at his repair workshop till the

date the repaired ‘Modules are delivered back to concerned officer in charge’. The insurance policy shall cover all the risks including transit damage or loss on account of fire breakage,

accident etc. The contractor shall produce the insurance premium receipts for inspection of

the BSNL/Officer whenever required by it.

5. PENALTY CLAUSE:

Delay and abandoning of the execution of the Work:

5.1 The faulty SMPS Modules of P/P should be collected within THREE days as stipulated in

clause 2. In case contractor fails to collect the Modules within the stipulated time, a penalty

of Rs.100 /- (One Hundred) per day per Module shall be levied as a pre-estimated loss and

damage that is likely to be suffered by BSNL.

Page 43 of 57


5.2 If the contractor fails to return the repaired Modules of P/P within 15 days, the penalty of

Rs.200/- (Two Hundred) per day per Module of P/P shall be levied as a pre-estimated loss

and damage that is likely to be suffered by BSNL.

5.3 The total amount of penalty shall be limited to 20 % of the total cost of work (Repair

Charges) for which work order issued to the contractor.

5.4 The Contractor shall not declare RNP of Modules more than 5% of the total accepted

modules of each make throughout the tender period. In case the number of modules declared

RNP beyond 5 % than, contractor is liable to pay penalty of 1.5 times the repair cost of

modules for each such modules.

5.5 In case either the contractor abandon the work or the contractor is removed either for delay

in work or for want of standard quality, the Work will be allotted to some other Contractor

and the excess amount over the proportion amount awarded thus paid to the New party, will

be recovered from the pending bills or from the Security deposit of the original contractor.

5.6 In case of delay because of Departmental Reasons, the matter will be referred in writing to

the concerned GM for condonation of delay. RTD reserves the right to cancel the contract

and forfeit the security deposit if the contractor fails to commence the work within 7 days

after issue of work order.

5.7 The penalty for Sunday and holiday will not be imposed if module repaired on next working

day subject to equipment is not made available to vendor on holiday for Repair/collection of

faulty module.

6. Repair of faulty module and setting up of Repair Facilities:

6.0 The clause regarding repair of faulty module and setting up of Repair Facilities may be

included considering the following aspects.

6.1 The contractor shall establish adequate repair facilities for repair of faulty module in India

within a period one month from the date of advance work order. The number and location of

repair facilities should be such as to meet the requirement of repairs and turn around time

provided in the special conditions in section IV. The performance bank guarantee shall not

be released until BSNL; Rajkot is satisfied that sufficient repair facilities have been

established in addition to the fulfillment of other conditions of the contract. BSNL, Rajkot

reserves the right to blacklist a contractor who does not meet the repair obligation as per the

conditions of contract.

7. WARRANTY OF REPAIRS:

7.0 The contractor will undertake quality repair which will ensure the normal trouble/defect free

performance of the Modules of SMPS for a period of 03 (Three) months from the date of

inspection and clearance. In case the repaired Modules of SMPS develops same defect or

deficiency or fault, i.e. it becomes faulty during the warranty period (3 months) the

contractor shall rectify, repair and remedy such defects, deficiency in the repaired

25A/50A/100A/200A modules of SMPS at his own cost and expense i.e. free of charge.

8. The special conditions of contract shall supplement the ‘Instructions to the Bidders’ & “General (Commercial) Conditions of the Contract” and wherever there is a conflict, the

provisions herein shall prevail over those in Section 4 Part A and Section 5 Part A.

Page 44 of 57


SECTION-6 (Part-A)

UNDERTAKING & DECLARATION

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.

c) Declaration regarding internet downloaded bid submission as per clause no. 12, Section-1A

I / we declare 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.

d) Certificate regarding firm has not been black listed by any SSA/Circle of Bharat Sanchar

Nigam Limited / MTNL as per Clause No. 13, Section-1 (Part A):

I _____________________________________ S/o _________________________________

r/o __________________________________________________________ hereby certify that we or

our firm ____________________________________________ has not been BLACK LISTED

by any SSA/Circle of MTNL/BSNL. 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.

e) Clause by Clause Compliance:

It is to certify that the tender document is carefully read & understood and all the sections and

clauses are complied unconditionally & unequivocally. There is no deviation from the terms &

conditions of the tender.

f) Declaration for EPF & Misc. Provisions Act 1952:

I _____________________________ (Name of the bidder / agency) hereby declare compliance

towards conditions of the EPF and Misc. Provisions Act 1952 and authorize BSNL to recover any

payment that arises due to failure to comply with any of the Labour legislations and statutory

conditions viz. Labor, EPF, ESI etc. or any other acts dealing with the same and all other acts

mentioned in the tender document.

Date: …………… … Signature of Tenderer

Place: ……………… Name of Tenderer

along with date & Seal

Page 45 of 57


SECTION-6 (Part-B)

DECLARATION REGARDING NO RELATIVE WORKING IN BSNL

(Refer Section-4 (Part-A) Clause-34)

I ___________________________Son / Daughter / Wife of ______________________________

Resident of _________________________________________________ here by certify that none of

my relative(s) as defined in tender document is/are employed in BSNL unit as per details given in

tender document. In case at any stage, it is found that the information given by me is false/ incorrect,

BSNL shall have the absolute right to take any action as deemed fit/ without any prior intimation to

me.

Signature ___________________

& Seal

For and on behalf of the Agency

Name (Capitals)

___________________________

Position ____________________________

Date _____________________________

Note: - 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. Any breach of these conditions by the company or firm or any

other person, the tender/ work will be cancelled and earnest money / security deposit will be

forfeited at any stage whenever it is so noticed. BSNL will not pay any damages to the

company or firm or the concerned person. The company or firm or the person will also be

debarred for further participation in the concerned unit.

Page 46 of 57


SECTION-7

PROFORMAS

Section-7 (A)

BID SECURITY/ EMD Guarantee

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

Sub: Bid Security/EMD guarantee.

Whereas M/s _______________________________________________________ Resident

of ____________________________________________ (hereafter referred to as Bidder) has

approached us for giving Bank Guarantee of Rs. _____________________________________

________________________ (hereafter known as “B. G. Amount”) valid up to ......../......../20........

(hereafter known as the “validity date”) in favour of General Manager Telecom District, Rajkot

Telecom District, Rajkot (hereafter referred to as (BSNL RTD) for participation in the tender for work

of ______________________________________________________________vide Tender No.

______________________________________________________________.

1. Now at the request of the Bidder, We ________________________________________ Bank

______________________________Branch having _______________________________________

_________________________________________________(address) and Registered Office address as

_______________________________________________________ (hereafter called the Bank) agrees to

give this guarantee as hereinafter contained:

2. We the Bank do hereby undertake to pay the amounts due and payable under this guarantee without any

demur, merely on a demand from the BSNL RTD stating that the amount claimed is due by way of loss or

damage caused to or would be caused to or suffered by the BSNL RTD by reason of breach by the

said bidder(s) of any of terms or conditions contained in the said Agreement or by reason of the bidder

(s) failure to perform the said Agreement. Any such demand made on the bank shall be conclusive as

regards the amount due and payable by the Bank under this guarantee where the decision of the BSNL in

these counts shall be final and binding on the bank. However, our liability under this guarantee shall

be restricted to an amount not exceeding the “B. G. Amount”.

3. We undertake to pay to the BSNL RTD any money so demanded notwithstanding any dispute or

disputes raised by the bidder(s) in any suit or proceeding before any court or tribunal relating thereto

our liability under this present being absolute and unequivocal. The Payment so made by us under this

bond shall be valid discharge of our liability for payment there under and the bidder(s) shall have no

claim against us for making such payment.

4. We the Bank further agree that the guarantee herein contained shall remain in full force and effect

during the period that would be taken for the performance of the said agreement and that it shall

continue to be enforceable till all the dues of the BSNL RTD under or by virtue of the said Agreement

have been fully paid and its claims satisfied or discharged or till BSNL RTD Certifies that the terms and

conditions of the said Agreement have been fully and properly carried out by the said bidder(s) and

Page 47 of 57


accordingly discharge this guarantee. Unless a demand or claim under this guarantee is made on us in

writing or before the expiry of Validity date from the date hereof, we shall be discharged from all

liability under this guarantee thereafter.

5. We the Bank further agree with the BSNL RTD that the BSNL RTD shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary any of the

terms and conditions of the said Agreement or to extend time of performance by the said bidder(s)

from time to time or to postpone for any time or from time to time any of the powers exercisable by

the BSNL RTD against the said bidder(s) and to forbear or enforce any of the terms and conditions

relating to the said agreement and we shall not be relieved from our liability by reason of any such

variation, or extension being granted to the said Bidder(s) or for any forbearance, act or omission on the

part of the BSNL RTD or any indulgence by the BSNL RTD 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 BSNLRTD

under this Guarantee shall be extinguished if no claim or demand is made on us in

writing on or before its validity date.

7. In case BSNL RTD demands for any money under this bank guarantee, the same shall be paid through

banker’s Cheque in favour of “Accounts Officer (Cash) BSNL, O/o GMTD Rajkot”, payable at

Rajkot

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 ………………………………

Page 48 of 57


Section-7 (B)

PERFORMANCE SECURITY BOND

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

Dated: __________________

Sub: Performance guarantee.

1. Whereas the General Manager Telecom District, Rajkot Telecom District, Rajkot (hereafter

referred to as “BSNL RTD”) has issued an APO no.

_____________________________________________________ awarding the work of

____________________________________________________________________ to M/s

_______________________________________________________________________________

___ Resident of ____________________________________________ (hereinafter referred to as

Bidder) and BSNL has asked him to submit a performance guarantee in favour of General Manager

Telecom District, Rajkot Telecom District, Rajkot of Rs. …………..……/- (hereinafter 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 Registered Office address as

_______________________________________________________ (hereinafter called “the Bank”)

agrees to give this guarantee as hereinafter contained:

2. We, “the Bank” do hereby undertake and assure to the BSNL RTD that if in the opinion of the BSNL

RTD, the Bidder has in any way failed to observe or perform the terms and conditions of the said

agreement or has committed any breach of its obligations there-under, the Bank shall on demand and

without any objection or demur pay to the BSNL RTD the said sum limited to P.G. Amount or such lesser

amount as BSNL RTD may demand without requiring BSNL RTD to have recourse to any legal remedy

that may be available to it to compel the Bank to pay the same.

3. Any such demand from the BSNL RTD shall be conclusive as regards the liability of Bidder to pay to

BSNL RTD or as regards the amount payable by the Bank under this guarantee. The Bank shall not be

entitled to withhold payment on the ground that the Bidder had disputed its liability to pay or has disputed

the quantum of the amount or that any arbitration proceeding or legal proceeding is pending between

Bidder and BSNL RTD 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.

Page 49 of 57


5. The Bank further agrees that the BSNL RTD shall have the fullest liberty without the consent of the Bank

and without affecting in any way the obligations hereunder to vary any of the terms and conditions of the

said agreement or to extend the time for performance of the said agreement from any of the powers

exercisable by BSNL RTD against the Bidder and to forebear to enforce any of the terms and conditions

relating to the said agreement and the Bank shall not be relieved from its liability by reason of such failure

or extension being granted to Bidder or through any forbearance, act or omission on the part of BSNL

RTD or any indulgence by BSNL RTD to Bidder or any other matter or thing whatsoever which under the

law relating to sureties would but for this provision have the effect of relieving or discharging the

guarantor.

6. Notwithstanding anything herein contained;

(a) The liability of the Bank under this guarantee is restricted to the P.G. Amount and it will remain in

force up to its Validity date.

(b) The guarantee shall stand completely discharged and all rights of the BSNL RTD under this Guarantee

shall be extinguished if no claim or demand is made on us in writing on or before its validity date.

7. In case BSNL RTD demands for any money under this bank guarantee, the same shall be paid through

banker’s Cheque in favour of “Accounts Officer (Cash) BSNL, O/o GMTD Rajkot”, payable at Rajkot.

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 ………………………………

Page 50 of 57


Section-7 (C)

LETTER OF AUTHORISATION FOR ATTENDING BID OPENING


To,

AGM (MM), BSNL

O/o GMTD Rajkot,

2nd Floor, Bhaktinagar Telephone Exchange Building,

Rajkot-360002

Subject: Authorisation for attending bid opening on __________________________(date).

Following persons are hereby authorised to attend the bid opening for the Bid mentioned

above on behalf of (Bidder) in order of preference given below.

Order of

Preference Name Specimen Signature

I

II

Alternate Representatives

I

II

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

Signature of bidder or Officer authorized to sign the

bid Documents on behalf of the bidder.

Note:

1. Maximum two representatives will be permitted to attend bid opening. In cases where it is

restricted to one, first preference will be allowed. Alternate representative/s will be

permitted when regular representative/s are not able to attend.

2. Permission for entry to the hall where bids are opened may be refused in case

authorization as prescribed above is not recovered.

Page 51 of 57


Section-7 (D)

AGREEMENT

This agreement is made on this _____________ day of Month, Two Thousand Sixteen between ____________________________________________________________, _____________________________, Mobile No. _______________ hereinafter called “The Contractor” (Which expression shall unless excluded by or repugnant to the context, include its successors, heir, executors, administrative representative and assignee) of the one part

AND

BHARAT SANCHAR NIGAM LIMITED hereinafter called “BSNL” (which expression shall unless excluded by or repugnant to the context includes his successors and assignees) of other part.

Whereas the contractor has offered to enter into contract with the said BSNL for the supply of commercial vehicles on monthly hired basis in Rajkot SSA on the terms and conditions herein contained vide Tender No: ______________________________________ dated ________ and the rates approved by the BSNL (copy of Rates annexed)) have been duly accepted and where as the necessary security deposit of Rs. FIGURES/- (Rupees WORDS Only) vide Bank Guarantee No. ________ dated __________ of _________ Bank, ___________ Branch, ______ for the period of ____ months valid up to __________ has been furnished in accordance with the provisions of the tender document and whereas no interest will be claimed on the security deposit.

Now these presents witness and it is hereby agreed and declared by and between the parties to these presents as follows.

1) The contractor shall, during the period of this contract for the period of One year that

is to say from __________ to __________ with an option of extension for 1 (One) more

Year as per requirement of GMTD, Rajkot or until this contract shall be determined by

such notice as is hereinafter mentioned, safely carryout, by means of labours

employed at his own expenses described in tender document for supply of commercial

vehicle on hire basis in Rajkot SSA. (annexed to the agreement), when the BSNL or

GMTD Rajkot or any other persons authorized by GMTD Rajkot in that behalf

require. It is understood by the contractor that the supply of work mentioned in the

scope of work is likely to change as per actual requirements as demanded by

exigencies of service.

2) The NIT (Notice Inviting Tender), Bid documents (Qualifying and Financial), letter of

intent, approved rates, annexed here to and such other additional particulars,

instructions, work orders as may be found requisite to be given during supply of

commercial vehicle on hire basis shall be deemed and taken to be an integral part of

the contract and shall also be deemed to be included in the expression “The

Agreement” or “The Contract” wherever herein used.

3) The contractor hereby declares that nobody connected with or in the employment of

the Department of Telecommunications/DTS/BSNL/MTNL is not/shall not ever be

admitted as partner in the contract.

Page 52 of 57


4) The contractor shall abide by the terms and conditions, rules, guidelines etc. stipulated in

the tender document vide Tender No: ______________________________________

dated ________ including any correspondence between the contractor and the BSNL

having bearing on supply of vehicles and payments to be done under the contract

terms & conditions as per Section III & IV of the tender document.

In witness whereof the parties presents have here into set their respective hands and seal

the __________ day of Month, Two Thousand Sixteen.

Signed, sealed & Delivered by Signed & Delivered on behalf of

the above named Contractor the GMTD, BSNL, Rajkot by the

In presence of Witness:

Page 53 of 57


SECTION-8

AGENCY DETAILS (Including performance records, financial viability etc.)

Name of the Bidder

Postal Address of the Bidder

Registered Address of Bidder

Status of the Bidder (i) Proprietorship concern (ii) Partnership firm (iii) HUF (iv) Limited Company

Name of person or authorized

signatory for submitting the tender,

other documents and empowered for

correspondence with BSNL

Bid Security Particulars DD No. …………………………………….. Amount: …………………………………….. Name of Bank………………………………… Branch…………………………………………..

Service Tax registration particulars

PAN Card particulars

Telephone numbers (with STD

Code) of authorized signatory

Office: ……............................................... Residence: …………………………………. Fax: ………………………………………….. Email: ………………………………………… Mobile: ……………………………………….

Name(s) of Proprietor/ all Partners /

all Directors

Signature of the Bidder/ Authorised Representative

Page 54 of 57


SECTION-9 (Part-A)

BID FORM

To, From:

Assistant General Manager (MM), ___________________________

Rajkot Telecom District, ___________________________ 2nd

Floor Bhaktinagar Telephone Exchange Building, ___________________________

Lohanagar, RAJKOT-360002. ___________________________

Ref.: Tender No. MM/E-Tender/Repairing of SMPS PP Modules /2015-16/05 dated 14-03-2016

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 150 days from the date fixed for Bid opening or for

subsequently extended period, if any, agreed to by us. This bid shall remain binding upon us up

to the aforesaid period.

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/ Nationalized 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.

7. Until a formal Work 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 this .............................. day of ........................ 2016

Signature …………………………. Witness: Name ………………………………

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

Address ……………………….…. Duly authorised to sign the bid for and

…………………………………… On behalf of …………………

…………………………………… ……………………………………

Page 55 of 57


SECTION-9 (Part-B)

CHECK LIST FOR THE BIDDERS

Please ensure that all documents are fully authenticated by the Authorized Signatory with his

signature with official seal. Offer is liable to be rejected if enclosed documents are not authenticated.

Documents forming part of the bid:

Sl.

No.

Documents to compulsorily be submitted

offline and Copy to be uploaded in E-tender

portal

Section &

Clause No.

Page Submitted

YES/NO

1 Bid Security Section-1 (Part-A)

Clause-5

4

2 Tender Fee Section-1 (Part-A)

Clause-2.1

4

3 (if applicable) Latest and valid MSME / NSIC Certificate duly certified by MSME / NSIC if applicable

Section-1 (Part-A)

Clauses 2.1 & 5 (c)

4

4 (if applicable) Power of attorney attested by Notary Public or Registered with Sub Registrar in favour of the signatory signing the offer and documents as per Clause no. 14.3 of Section-4 Part A

Section-4 (Part-A)

Clause-14.3

14

Documents to be submitted online in

E-Tender portal

1 All pages of the tender documents must be

signed with stamp by authorized signatory

before submission

Section-4 (Part-A)

Clause-14.2

14

2 Undertaking & declaration in Proforma duly

filled & signed

Section-6 (Part-A) 44

3 Certificate in respect of Near Relatives in

BSNL in Proforma duly filled & signed

Section-6 (Part-B) 45

4 Agency Details in Proforma duly filled & signed Section-8 53

5 Bid Form, duly filled in and signed Section-9 (Part-A) 54

6 Experience certificate of Repairing of SMPS PP Modules in any unit of BSNL/ MTNL/DOT/ any Govt. Organisation/ Private operator for an amount of Rs.3 lakh or more in any period during the last 5 years ending 31.12.2015 issued by the officer not below the rank of Divisional Engineer or equivalent

Section-1 (Part-A)

Clause-4.1 (b)

4

7 Registration of the firm Section-4 (Part-A)

Clause-10 (i)

12

8 Service Tax Registration or Declaration Section-4 (Part-A)

Clause-10 (iii)

12

9 EPF Registration or Declaration Section-4 (Part-A)

Clause-10 (iv)

12

Page 56 of 57


10 ESI Registration or Declaration Section-4 (Part-A)

Clause-10 (iv)

12

11 Income Tax PAN Card Section-4 (Part-A)

Clause-10 (vi)

13

12 Documents having its own workshop with

details of skilled technicians Section-4 (Part-A)

Clause-10 (vii)

13

13 Details of AMC / RRC on hand if any – their

telephone Nos. & address Section-4 (Part-A)

Clause-10 (viii)

13

14 Solvency Certificate of Rs. 2 Lakh from the

banker of the tenderer. The Solvency Certificate

shall not be older than the date of issue of NIT

Section-4 (Part-A)

Clause-10 (ix)

13

15 Number of personnel, their Name, qualification

& contact phone numbers who will be put for

this job

Section-4 (Part-A)

Clause-10 (x)

13

Page 57 of 57


SECTION-9 (Part-C)

PRICE BID


Repairing of SMPS Power Plant Modules in Rajkot SSA

RATE FOR REPAIR OF SMPS POWER PLANT MODULES

Sl.

No. Item

Description

Make Unit Price per

module inclusive of

freight/forwarding/

packing & any

other charges

(except service tax)

(in Figure) Rs.

Any other Tax

if applicable


(Type of Tax & %)

Total unit Price per module


(in Figure) Rs.

(F = D + E)

Total unit Price per module


(in words) Rs.

A B C D E F

1 25A Module

(SMPS PP)

Any

Make

2 50A Module

(SMPS PP)

Any

Make

3 100A Module

(SMPS PP)

Any

Make

4 200A Module

(SMPS PP)

Any

Make

I agree to all the clauses and terms and conditions laid down in this tender /bid document.

Note: 1) Service Tax shall be reimbursed as per actual on submission of paid receipt wherever applicable.

2) Evaluation and comparison of responsive bids shall be done as under.

Evaluation: The evaluation will be made on the basis of lowest rate quoted item wise. The bidder, who has offered lowest rate as evaluated above will be treated as L1 bidder.

The bidder can quote rates for one/ more number of items.

_______________________________

(Signature of bidder with stamp)