B H AR A T S A N C H AR N I G A M L I M I T E D (A Govt. of India Enterprise) BID DOCUMENT FOR

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1 B H AR A T S A N C H AR N I G A M L I M I T E D (A Govt. of India Enterprise) BID DOCUMENT FOR CLEARING AND TRANSPORTATION OF ALL TYPES OF TELEPHONE MATERIAL, U/G CABLE, DRUMS, LOADING AND UNLOADING, SHIFTING OF TELEPHONE MATERIAL WITHIN SAME PREMISES OR ANY WHERE FOR AHMEDABAD TELECOM DISTRICT E-TENDER NO. ATD / MM / T 1715 /16-17 DATED: AGM MM SECTION O/o The Assistant General Manager (MM), 10 th floor Navrangpura Telephone Bhavan, C.G.Road, Navrangpura, Ahmedabad-06. PH / 24 Fax NO Visit us at: or 1 Seal & Signature of Bidder

2 BHARAT SANCHAR NIGAM LIMITED Office of the General Manager (CFA NWP) AHMEDABAD TELECOM DISTRICT No ATD / MM / T 1715/16-17 Dated: Please find enclosed the tender document in respect of above mentioned tender which contains the following. Section No. Item Page No. TECHNICAL BID 1 Part A Detailed NIT Part B Newspaper NIT 7 2 Tender Information Deleted 9 4 Part A General Instructions to Bidders(GIB) Part B E-tendering instructions to bidders Part A General (Commercial) Conditions of Contract (GCC) Part B Special (Commercial) Conditions of Contract (SCC) Part A to B Part A : Undertaking & Declarations Part B Declaration Regarding No Relative Working In BSNL Part A Bid Security Form 45 7 Part B Performance Security Guarantee Bond Part C Letter Of Authorisation For Attending Bid Opening 48 7 Part D Specimen Of Agreement Agency Details Part A Bid form 56 Check List 57 FINANCIAL BID 9 Part B Price Schedule If interested, kindly submit your offers by means of online bids only for Electronic E-Tendering at the portal detailed in Special Instructions to Bidders for E-Tendering on or before date & time specified in Clause 6 of Detailed NIT. Assistant General Manager (MM) Ahmedabad Telecom District. Ph. No. (079) Fax No. (079) atdagmmm@gmail.com 2 Seal & Signature of Bidder

3 SECTION 1 (Part A) No: ATD/MM/T-1715 /16-17 Dated: Detailed Notice Inviting Tender Sealed Tender (Digitally) is invited by Pr. General Manager, Ahmedabad, on behalf of BHARAT SANCHAR NIGAM LIMITED from prospective bidders for Clearing and Transportation of all types of Telephone material U/G Cable,Drums, Loading and Unloading,Shifting of Telephone Material within same premises or other SSA / Circles for Ahmedabad Telecom District including Rural areas for the period of one Year on Rate Running Contract basis from the date of final acceptance of tender as per under mentioned specifications. Description/ Specification of the item Bidders Eligibility Cost of Tender Document Estimated Cost of Tender excluding Service Tax. Service Tax shall be paid extra as applicable Bid Security Duration of contract Security Deposit Clearing and transportation of all types of telephone material, U/G cable drums, loading and unloading, shifting of telephone material within same premises or any where for Ahmedabad Telecom District including Rural areas. As per details given in document Rs. 500 /- (Rupees Five hundred only) Rs. 14,85,313 /-(Rupees Fourteen Lakhs Eighty Five Thousands Three Hundred Thirteen only) Rs. 29,706/- (Rupees Twenty Nine Thousand Seven Hundred Six Only) One year from date of award 5 % of total cost of tender Time & last date of Submission Up to Hrs. on of Bid Time of Bid Opening At Hrs. on Place of opening of Tender O/o The Assistant General Manager (MM), at 10 th Floor, Telephone Bhavan, C.G.Road, Navrangpura, Ahmedabad DESCRIPTIONS OF THE WORKS : Clearing, Transportation, Loading, Unloading and such allied operation in respect of transportation of telephone materials such as telephone spares of all types including Power Plant, Battery, Line and Wires, RCC/ G.I/ HDPE pipes/ appliances, rectifiers, Glass Materials, Acid field Jars, other miscellanies telephone materials, underground telephone cables drums, PVC cable drums, Power Cables, Loose Cables of all sizes and weight etc., empty Cable drums, Packing cases, office furniture, records and other miscellanies materials etc, Delivering / Lifting, shifting materials on day to day basis without incurring damages and delivery of the materials will be received inside the consignee s premises/ site of work as per instruction of consignee during the office hours on working days only (delivery / lifting of materials any where in Ahmedabad Telecom District.) Note 1: The quantity /no. / Sites stated above are estimated and BSNL reserves the right to vary the quantity to the extent of -25 % to + 25 % of specified quantity at the time of award of the contract i.e. APO without any change in unit price or other terms & 3 Seal & Signature of Bidder

4 conditions. Accordingly estimated tender cost will also be decreased / increased by + 25 %. Note 2: 20 % of the Estimated Quantity/requirement in this tender Enquiry is earmarked for procurement from the eligible Micro & Small Enterprises (MSEs). However, in case eligible Micro & Small Enterprises (MSEs) bidder(s) are not available then this quantity would be de-reserved & procured from participating bidders. 2. Purchase of Tender Document: Tender document can be obtained by downloading it from the website or The official copy of tender document for participating in E-tender shall be available for downloading from The bidders downloading the tender document are required to submit the tender fee amount through DD/ Banker s Cheque along with their tender bid failing which the tender bid shall be left archived unopened/ rejected. The DD/ banker s cheque shall be drawn from any Nationalized/ Scheduled Bank in favour of AO (Cash) HQ, BSNL, PGM ATD, Ahmedabad and payable at Ahmedabad. 2.2 The tender documents shall be issued free of cost to MSE bidders on production of requisite proof in respect of valid certification from MSME for the tendered item. 3. Availability of Tender Document: The tender document shall be available for downloading from :00 Hrs onwards up to :25 Hrs on all working days of this office 3.1 BSNL has decided to use process of e-tendering process for inviting this tender and thus the physical copy of the tender would not be sold. Note 3: Deleted. 4. Eligibility Criteria: The bidder should have At least One year experience certificate of satisfactory performance in similar services preferably in BSNL / MTNL / Central / State Govt. / PSUs / Private Operator / Any Reputed Private Ltd Company. Experience Certificate should be issued by an officer not below the rank of Divisional Engineer / Chief Account Officer or equivalent in case of BSNL / MTNL / Central / State Govt. / PSU and by authorized signatory in case of any Private operator / Reputed Private firm. 4.2 The bidders shall submit necessary documentary proof showing that they meet the eligibility criteria along with their tender bid. All documents submitted will also be self attested by the bidder. 5. Bid Security/EMD: 5.1 The bidder shall furnish the bid EMD in one of the following ways:- (a) Demand Draft/ Banker s cheque drawn in favour of AO (Cash) HQ, BSNL,PGM ATD, Ahmedabad and payable at Ahmedabad. 4 Seal & Signature of Bidder

5 (b) Bank Guarantee from a Nationalized/scheduled bank drawn in favour of AO (Cash) HQ, BSNL, PGM ATD, Ahmedabad which should be valid for 180 days from the tender opening date. 5.2 The MSE units shall be exempted from submission of Bid Security deposit on production of requisite proof in respect of valid certification from MSME for the tendered item. 6. Date & Time of Submission of Tender bids: As above in table. Note 4: In case the date of submission (opening) of bid is declared to be a holiday, the date of submission (opening) of bid will get shifted automatically to next working day at the same scheduled time. Any change in bid opening date due to any other unavoidable reason will be intimated to all the bidders separately. 7. Opening of Tender Bids: As above in table. 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 vent (TOE) from the comfort of their offices. Kindly refer clause 8 of Section-4 of Tender document for further instructions. 8.2 In addition & in case of tenders invited through manual bidding process, authorized representatives of bidders (i.e. vendor organization) can attend the TOE at the office of AGM (MM), 10 th Floor, Telephone Bhawan, C.G. Road, Navrangpura AHMEDABAD , 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. PGM, ATD Ahmedabad reserves the right to accept or reject any or all tender bids without assigning any reason. He is not bound to accept the lowest tender. 12. The official copy of tender document for e-bidding process of E-tender shall be available for downloading from from , 17:00 Hrs onwards. This will, however, be same as available on BSNL website 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 5 Seal & Signature of Bidder

6 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 black listed by any SSA/ Circle of BSNL/ MTNL Note 5: 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 6: All computer generated documents should be duly signed/ attested by the bidder/ vendor organization. 6 Seal & Signature of Bidder

7 SECTION 1 (Part B) NEWS PAPER N.I.T. (NNIT) BHARAT SANCHAR NIGAM LIMITED Office of the General Manager (CFA NWP) AHMEDABAD TELECOM DISTRICT NOTICE INVITING TENDER No.T-1715 /16-17 E-Tender is invited for Transportation of Telephone Materials in Ahmedabad Telecom District. Last date of receipt of tender is 29/09/2016 up to Hrs. For further detailed information, kindly visit our website and follow Link for E-tenders or Asstt. General Manager (MM), Ahmedabad Telecom District Tel Fax Seal & Signature of Bidder

8 SECTION 2 Tender Information 1. Type of Tender : a) No. of Bid Submission Stages for tender: Single Stage. b) No. of Envelopes for submission of Bids: Two Nos. (The bidders shall submit Techno- commercial & financial bid simultaneously) (Opening stages) c) E-reverse auction: if required by Business Unit / Planning cell after opening of the Financial bids Note 1: In case of 1(b) above, the bidder shall submit Techno-commercial & Financial bid simultaneously. The bids will be evaluated techno-commercially first and thereafter financial bids of techno commercially compliant bidders only shall be opened. 2. Bid Validity Period / validity of Bid offer: 150 days from the tender opening date and Validity of bid Offer for acceptance by BSNL can be extended. 3. In case of tenders invited under two envelopes system, the first envelope will be named as techno commercial & will contain documents of bidder s satisfying the eligibility / Technical & commercial conditions and 2nd envelope will be named as financial envelope containing financial quote. a) Techno-commercial part of the bid shall contain one set of the following documents only:- i) EMD ii) Cost of the tender documents i.e. tender fee. iii) Certificate(s) showing fulfillment of the eligibility criteria(s) stated in Clause 4 of the DNIT iv) Power of Attorney & authorization for executing the power of Attorney in accordance with clause 14.3 of Section -4 Part A v) Clause by clause compliance vi) Agency Details duly filled & signed. vii) Non-Relation Certificate duly filled & signed. viii) Undertaking & declaration duly filled & signed ix) Documents stated in clause 10 of Section -4 Part A x) Tender documents duly signed at the end of each section for having read it & accepted it. xi) Tender/ Bid form- Section 9 Part A duly filled & signed xii) Electronic Form- Technical (in case of tenders invited through e-tendering process) Note 2: Deleted b) Financial envelope shall contain Electronic Form- financial along with Price Schedule (Section 9 Part-B with all relevant bid annexure (in case of tenders invited through e-tendering process) Note 3: Bid must be submitted by bidder through E-tendering mode only. Manual (OFFLINE) submission of bids should not be considered. In case of e-tendering, the following documents are required to be submitted offline (i.e. offline submissions) AGM (MM), 10 th Floor, Telephone Bhavan, 8 Seal & Signature of Bidder

9 C.G.Road, Navrangpura, and Ahmedabad on or before the date & time of submission of bids in a sealed envelope. The envelope shall bear the tender number, name of work and the phrase: "Do Not Open Before (due date & time of opening of tender). i) EMD - Bid security (original copy) ii) DD/ Banker's cheque of Tender fee iii) Power of Attorney in accordance with clause 14.3 of section 4 Part A and authorization for executing the power of Attorney. iv) Latest and valid MSME / NSIC Certificate duly certified by NSIC if applicable The purchaser shall not be responsible if the envelop is delivered elsewhere or late. 4. Deleted 5. Payment terms: As detailed in clause 4 of section-5 part A of the tender document. 6. Deleted Section 3 Deleted 9 Seal & Signature of Bidder

10 1. DEFINITIONS: SECTION 4 (Part-A) General Instructions to Bidders (GIB) (a) "The Purchaser" means the Principal General Manager, Ahmedabad Telecom District acting on behalf of BHARAT SANCHAR NIGAM LIMITED, (b) "The Bidder" means the individual or firm who participates in this tender and submits its bid. (c) "The Supplier" means the individual or firm supplying the service under the contract. (d) The Service" means all the equipment, machinery, computer software, services and / or other materials, which the Contractors required to supply to the Purchaser under the contract. (e) "The Provisional acceptance letter means the intention of Purchaser to place the Provisional acceptance letter on the bidder. (f) "The Purchase Order" means the order placed by the Purchaser on the Contractor signed by the Purchaser including all attachments and appendices thereto and all documents incorporated by reference therein. The purchase order shall be deemed as "Contract" appearing in the document. (g) "The Contract Price" means the price payable to the Contractor under the purchase order for the full and proper performance of its contractual obligations. 2. ELIGIBLE BIDDERS: Kindly refer to clause 4 of Section I i.e. Detailed NIT 3. COST OF BIDDING: The bidder shall bear all costs associated with the preparation and submission of the bid. The BSNL, will in no case, be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process. 4. BID DOCUMENTS: 4.1 The goods/ services required, bidding procedures and contract terms are prescribed in the Bid Documents. The contents of the Bid documents are specified in the covering letter. 4.2 The Bidder is expected to examine all instructions, forms, terms and specifications in the Bid Documents. Failure to furnish all information required as per the Bid Documents or submission of bids not substantially responsive to the Bid Documents in every respect will be at the bidder's risk and may result in rejection of the bid. 5. CLARIFICATION OF BID DOCUMENTS: 5.1 A prospective bidder, requiring any clarification on the Bid Documents shall notify the User in writing by FAX or by of the User as indicated in the invitation of Bid. The User shall respond in writing to any request for the clarification of the Bid Documents, which it receives 7 days prior to the date of opening of the Tenders. Copies of the query (without identifying the source) and clarifications by the User shall be uploaded on BSNL website as Clarifications on e-procurement portal of Ahmedabad Telecom District, clarification shall be available as Addendum, for all the prospective bidders who have downloaded the official copy of tender documents from e-procurement portal of Ahmedabad Telecom District 10 Seal & Signature of Bidder

11 5.2 Any clarification issued by BSNL in response to query raised by prospective bidders shall form an integral part of bid documents and it may amount to an amendment of relevant clauses of the bid documents. 6. AMENDMENT OF BID DOCUMENTS: 6.1 At any time, prior to the date of submission of bids, the BSNL may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective Bidder, modify the bid documents by amendments. 6.2 The amendments shall be notified in writing or by Fax or by Addendum through e-tendering portal 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, the BSNL may, at its discretion, extend the deadline for the submission of bids suitably. 7. DOCUMENTS COMPRISING THE BID: The bid prepared by the bidder shall comprise the following components: (a) Documentary evidence established in accordance with Clause 2 and 10 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. (c) A Bid form and price schedule completed in accordance With clause 8 & BID FORM: The bidder shall complete the Bid Form and the appropriate Price Schedule furnished in the Bid Documents as per section 9 Part B. 9. BID PRICES: 9.1 The bidder shall give the price as per price schedule excluding Octroi/ Entry Tax which will be paid by BSNL as per actual, wherever applicable. The basic unit prices and all other components of the price need to be individually indicated against the service it proposes to supply under the contract as per price schedule in Indian Rupees. No foreign exchange will be made available by the purchaser. Prices of incidental services should also be quoted. 9.2 Prices indicated on the Price Schedule shall be entered in the following manner: (i) The unit price (Ex factory price) of the service, excise duty/ custom duty, sales tax, insurance, freight, packing, forwarding, any other levies/ charges, statutory taxes payable by the contractor and Installation charges shall also be quoted separately item wise. (ii) The Contractor shall quote as per price schedule given in Section-9 Price Schedule for all the items given in schedule of requirement. (iii) Octroi & Service Tax will be paid extra as applicable on actual basis. 11 Seal & Signature of Bidder

12 9.3 A bid submitted with an adjustable price quotation will be treated as non responsive and rejected. 9.4 The prices quoted by the bidder shall be in sufficient detail to enable the purchaser to arrive at prices of equipment / system offered. 9.5 "Discount", if any offered by the bidders shall not be considered unless they are specifically indicated in the price schedule. Bidders desiring to offer discount shall therefore modify their offers suitably while quoting and shall quote clearly net price taking all such factors like discount, free supply, etc. into account. 9.6 The price approved by the BSNL for procurement will be inclusive of levies and taxes, packing, forwarding, freight and insurance as mentioned in 9.1 above. Breakup in various heads like excise duty/custom duty, sales tax, insurance, freight and other taxes paid / payable as per clause 9.2 (i) is for the information of the purchaser and any change in these shall have no effect on price during the scheduled delivery period. 10. DOCUMENTS ESTABLISHING BIDDER'S ELIGIBILITY AND QUALIFICATIONS: 10.1 The bidder shall furnish, as part of his bid documents establishing the bidder's eligibility, all the following documents or whichever is required as per terms and conditions of bid documents. i. Firm Registration Certificate/ Certificate of Incorporation / Shop & Establishment Certificate / Service Tax Registration / Sales Tax Registration. ii. iii. iv. Proprietorship or Partnership Deed or Articles/Memorandum of Association as the case may be. In case of proprietorship firms an affidavit of that effect should be submitted along with the bid. Power of Attorney (if applicable) should be made older than the date of submission of bid. Experience Certificate as mentioned in the eligibility criteria. v. Copy of Latest & valid MSE / NSIC Certificate (if applicable). vi. vii. viii. Copy of Registration Certificate of Service tax registration: If the prospective bidder is presently not covered under the provision of registration for service tax, he should submit an affidavit of this effect and should mention in the affidavit that he will get registered under the provisions 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. PAN Card Current & Valid Solvency Certificate of Rs. 2 Lacs from the banker of the tenderer. The Solvency Certificate shall not be older than the date of issue of NIT. 12 Seal & Signature of Bidder

13 11. DOCUMENTS ESTABLISHING SERVICE CONFORMITY TO BID DOCUMENTS: 11.1Pursuant to Clause 7, the bidder shall furnish, as part of his bid, documents establishing the conformity of his bid to the Bid document of all services, which he proposes to render under the contract The documentary evidence of services in conformity with the Bid Documents may be in the form of literature and data and shall furnish a clause-by-clause compliance on the BSNL's Technical specifications and commercial conditions demonstrating substantial responsiveness to the Technical Specification and commercial conditions. In Case of deviations a statement of deviations and exceptions to the provision of the Technical Specifications and commercial conditions shall be given by the bidder. A bid without clause-by-clause compliance of Technical specification, commercial Conditions and special conditions shall not be considered For purposes of compliance to be furnished pursuant to clause 11.2 above the bidder shall note that the standards for workmanship, material and equipment and reference to brand names or catalogue number, designated by the BSNL in its Technical Specifications are intended to be descriptive only and not restrictive. 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 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 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 returned to the bidder unopened on e-tender portal for e-tenders The bid security of the unsuccessful bidder will be discharged/returned as promptly as possible as but not later than 30 days after the expiry of the period of bid validity prescribed by the BSNL, pursuant to clause 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 The bid security may be forfeited: a) If the bidder withdraws or amends its bid or impairs or derogates from the bid in any respect during the period of bid validity specified by the bidder in the bid form or extended subsequently; or 13 Seal & Signature of Bidder

14 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 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 (DSC) with Class 2 or above (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 powerof-attorney accompanying the bid. Note:- The User may ask the bidder(s) to supply, besides original bid, additional copy of bids as required by him 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 unamended printed literatures, shall be digitally signed by the person or persons signing the bid Power of Attorney (a) The power of Attorney should be submitted and executed on the non-judicial stamp paper of appropriate value as prevailing in the concerned states(s) and the same be attested by a Notary public or registered before Sub-registrar of the state(s) concerned. (b) The power of Attorney be executed by a person who has been authorized by the Board of Directors of the bidder in this regard, on behalf of the Company/ institution/ Body corporate. (c) In case of the bidder being a firm, the said Power of Attorney should be executed by all the partner(s) in favour of the said Attorney. (d) Attestation of the specimen signatures of authorized signatory by the Company s/ firm s bankers shall be furnished. Name, designation, Phone number, mobile number, 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. 14 Seal & Signature of Bidder

15 (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 : The bid shall be submitted online using single stage bidding and Two Envelope Methodology The first envelope (Techno-commercial bid): This envelope shall contain documents of bidders satisfying the eligibility / Technical & commercial conditions requirements. Second envelope will be named as financial bid containing price Schedule as per section 9 Part B. All documents submitted will also be self attested by the bidder a) The envelopes for Tender Fee / EMD shall be addressed AGM (MM), O/o. G.M. (CFA NWP), 10th Floor, Telephone Bhavan, C.G.ROAD, Navrangpura, Ahmedabad- 06. b) The envelope for Tender Fee / EMD shall bear the name of the tender, the tender number and the words 'DO NOT OPEN BEFORE' (due date & time). c) The envelopes for Tender Fee / EMD shall 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'. d) The envelopes for Tender Fee / EMD shall should be deposited in the tender box provided by tendering authority or sent by registered post or delivered in person on above mentioned address (address is given above). The responsibility for ensuring that the envelopes for Tender Fee / EMD shall are delivered in time would vest with the bidder. e) The envelopes for Tender Fee / EMD shall delivered in person/ registered post on the day of tender opening shall be delivered upto specified time & date as stated in NIT to A.G.M. (MM), O/o. G.M. (CFA NWP), 10th Floor, Telephone Bhavan, C.G.ROAD, Navrangpura, Ahmedabad-06. The User shall not be responsible if the envelopes for Tender Fee / EMD shall are delivered elsewhere. f) Venue of Tender Opening: Tender will be opened in Conference Hall, A.G.M. (MM), O/o. G.M. (CFA NWP), 10th Floor, Telephone Bhavan, C.G.ROAD, Navrangpura, Ahmedabad-06. at specified time & date as stated in NIT. If due to administrative reason, the venue of Bid opening is changed, it will be displayed prominently on the above address If envelopes are not sealed and marked as required at para 15.1 and 15.2, the bid shall be rejected. 15 Seal & Signature of Bidder

16 16. SUBMISSION OF BIDS: 16.1 Bids must be submitted by the bidders on or before the specified date & time indicated in Section-1 i.e. DNIT 16.2 The BSNL may, at its discretion extend this deadline for the submission of the bids by amending the bid documents in accordance with Clause 6 in which case all rights and obligations of the BSNL and bidders previously subject to the deadline will thereafter be subject to the deadline as extended The bidder shall submit his bid offer against a set of bid documents purchased by him for all or some system/services / equipment as per requirement of the Bid Documents. He may include alternate offer, if permissible as per the bid. However not more than one independent and complete offer shall be permitted from the bidder. 17. LATE BIDS: 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 of Ahmedabad Telecom District The bidder's modification or withdrawal notice shall be prepared, sealed, marked and dispatched as required in the case of bid submission in accordance with the provision of clause Subject to clause 20, no bid shall be modified subsequent to the deadline for submission of bids. 19. OPENING OF BIDS BY BSNL: 19.1 The purchaser shall open bids online in the presence of bidders or their authorized representatives who chose to attend, at time specified in Clause 7 of Detailed NIT(Section-1) on due date. The bidder s representatives, who are present, shall sign in an attendance register. Authority letter to this effect shall be submitted by the bidders before they are allowed to participate in bid opening (As per Format given in section 7(c)) A maximum of two representatives for any bidder shall be authorized and permitted to attend the bid opening (i) 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. 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 technocommercially eligible bidders/ authorized representatives by sending them a suitable notice. (ii) 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 16 Seal & Signature of Bidder

17 appropriate will be made available online at the time of techno-commercial bid opening. (iii) 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 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 in the 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 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 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 Arithmetical errors shall be rectified on the following basis. If there is a discrepancy between the unit price and total price that is obtained by multiplying the unit price and quantity, the unit price shall prevail and the total price shall be corrected by the BSNL If there is a discrepancy between words and figures, the amount in words shall prevail. If the Supplier/Bidder does not accept the correction of the errors, his bid shall be rejected Prior to the detailed evaluation, pursuant to clause 22, the BSNL will determine the substantial responsiveness of each bid to the Bid documents. For purposes of these clauses, a substantially responsive bid is one which conforms, to all the terms and conditions of the Bid Documents without material deviations. The BSNL's determination of bid's responsiveness is to be based on the contents of the bid itself without recourse to extrinsic evidence A bid determined as substantially non-responsive will be rejected by the BSNL and shall not subsequent to the bid opening be made responsive by the bidder by correction of the non-conformity The BSNL 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. 17 Seal & Signature of Bidder

18 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 The comparison for evaluation shall be of price offered inclusive of all Taxes and charges. The evaluation and comparison of responsive bids shall be done on the price of the service offered for item 1 to 9 mentioned at Annexure A of Price Schedule of bid document inclusive of Levies & Taxes i.e., Sales tax/tin No & Excise Duty, packing, forwarding, freight and insurance etc but exclusive of octroi/entry tax which will be paid extra as per actual, wherever applicable. However it is mandatory to quote the rates for both Annexure A and Annexure B of Price Schedule. 23. CONTACTING THE BSNL: 23.1 Subject to Clause 20, no bidder shall try to influence the BSNL on any matter relating to its bid, from the time of the bid opening till the time the contract is awarded Any effort by a bidder to influence the BSNL in the BSNL's bid evaluation, bid comparison or contract award decisions shall result in the rejection of the bid. 24. PLACEMENT OF ORDER: 24.1The BSNL shall consider placement of orders to execute the contract on those bidders whose offers have been found technically, commercially and financially acceptable. The BSNL reserves the right to counter offer price(s) against price(s) quoted by any bidder. however BSNL may limit the number of technically and commercially responsive bidders 2 (Two) from the list of such bidders arranged in increasing order of their evaluated prices starting from the lowest for the purpose of ordering against this tender The work against the tender is for one year s requirement and the terms and conditions of this tender shall be operative for a period of one year from the date of signing of agreement between the BSNL and the Contractor. BSNL, ATD reserves the right to extend the contract on same terms & conditions for further period of one year or part thereof. The contract can be terminated at any time without assigning any reason and without notice (i) The BSNL may limit the number of technically and commercially responsive bidders 2 (two) from the list of such bidders arranged in increasing order of their evaluated prices starting from the lowest for the purpose of ordering against this tender. In such a case, the distribution of work shall be governed by clause (iv) below. However, the BSNL reserves the right for the placement of order of entire tendered quantity on the bidder with the lowest evaluated price. (ii) In the event of L2 and so on bidders refusing to accept its package de rated to the price of L1 bidder, BSNL reserves the right to place the order for entire quantity to the L1 bidder. It is mandatory for the L1 bidder to accept such an offer (second APO) at evaluated L-1 price and shall perform the whole contract as envisaged in the tender document. The additional quantity, due to non-acceptance of respective quantity by L2 and/or L3 and so on bidders, as envisaged below, shall be supplied by the L-1 bidder as part of whole contract. (iii) In the event of any of the eligible bidder(s) not agreeing to work or not being considered by BSNL for ordering, inverse ranking of the bidders below the aforesaid bidder(s) will be recast to fill up the vacated slot(s). This will be done to ensure that the number of bidders remains same as earlier. 18 Seal & Signature of Bidder

19 (iv) DISTRIBUTION OF QUANTITIES FOR ORDERING TO THE SELECTED BIDDERS OF A TENDER Table 1(A) (Without provisions for MSE Units) No. of Bidders Quantity allotted to the respective bidder (Col. 2) to be approved (Col. 1) L1 L2 One Bidder 100% Nil Two Bidder 60% 40% Table 1(B) (With provisions for MSE Units) No. of Bidders to be approved(col. 1) Quantity allotted to the respective bidder (Col. 2) Qty earmarked for MSE bidder(s) L1 L2 (Col. 3) One Bidder 80% Nil 20% Two Bidder 48% 32% 20% 24.4 (a) 20 % of the Estimated Quantity work /requirement in tender shall be earmarked to be awarded to MSEs provided their quoted price is within the band of L1+15%. Out of this quantity, a sub target of 4% is earmarked to be awarded to SC/ST owned eligible MSEs. In case of non availability of SC/ST owned MSEs, this 4% quantity shall be offered to other MSEs. (b) The participating MSEs in a tender, quoting price within the band of L1+15% are also be allowed to provide a portion of the work / requirement by bringing down their price to the L1 price arrived after tender evaluation. Such MSEs shall be awarded to provide up to 20 % of the total tendered value. In case of more than one such eligible MSE, the work / requirement will be shared equally. (c) In case a MSE happens to be L1, L2 etc, then it will be allotted tender quantity as envisaged in the tender. 25. BSNL'S RIGHT TO VARY QUANTITIES AT TIME OF AWARD: (a) BSNL reserves the right to increase or decrease up to 25% of the quantity of goods and services specified in the schedule of requirements without any change in the unit price or other terms and conditions at the time of award of contract. (b) BSNL also reserves the right for placement of additional order or up to 50% of the additional quantities of goods and services contained in the running tender/ contract within a period of twelve months from the date of acceptance of first AWO in the tender at the same rate or a rate negotiated (downwardly) with the existing vendors considering the reasonability of rates based on prevailing market conditions and the impact of reduction in duties and taxes etc and supplies to be obtained within delivery period scheduled afresh. No guarantee can be given to actual quantity. The quantity mentioned in the tender is tentative only. No claim should entertained for less /not allotting the quantum of work for any reason. (c) In exceptional situation where the requirement is of an emergent nature and it is necessary to ensure continued supplies from the existing vendors, the BSNL reserves the right to place repeat order up to 100% of the quantities of goods and services contained in the running tender/contract within a period of twelve months from the date of acceptance of first AWO in the tender at the same rate or a rate negotiated (downwardly) with the existing 19 Seal & Signature of Bidder

20 vendors considering the reasonability of rates based on prevailing market conditions and the impact of reduction in duties and taxes etc.exceptional situation and emergent nature should be spelt out clearly detailing the justification as well as benefits accrued out of it and loss incurred in case this provision is not invoked and approved by the authority competent to accord administrative and financial approval for the procurement calculated on the basis of total procurement i.e. initial and proposed add-on quantity. 26. BSNL'S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS: The BSNL reserves the right to accept or reject any bid, and to annul the bidding process and reject all bids, at any time prior to award of contract without assigning any reason whatsoever and without thereby incurring any liability to the affected bidder or bidders on the grounds for the BSNL's action. 27. ISSUE OF ADVANCE WORK ORDER (AWO): 27.1 The issue of AWO shall constitute the intention of BSNL to enter into the contract with the bidder The bidder shall within 14 days of issue of AWO, 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 Upon the successful bidder furnishing of performance security pursuant to clause 27, the BSNL shall discharge its bid security, pursuant to clause ANNULMENT OF AWARD: Failure of the successful bidder to comply with the requirement of Clause 27 & 28 shall constitute sufficient ground for the annulment of the award and forfeiture of the bid security in which event the BSNL may make the award to any other bidder at the discretion of BSNL or call for new bids. 30. N/A 31. REJECTION OF BIDS 31.1 While all the conditions specified in the Bid documents are critical and are to be complied, special attention of bidder is invited to the following clauses of the bid documents. Non-compliance of any one of 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) Clause 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. 20 Seal & Signature of Bidder

21 (iv) Clause 11.2 (C) of section 4 Part A: If clause-by clause compliance and deviation statements as prescribed are not given, the bid will be rejected at the stage of primary evaluation. In case of no deviations, a statement to the effect must be given. (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 B Price Schedule: Prices are not filled in as prescribed in price schedule. (vii) Section 4 Part A clause 9.4 on discount which is reproduced below: Discount, if any offered by the bidder shall not be considered unless specifically indicated in the price schedule. Bidders desiring to offer discount shall therefore modify their offer suitably while quoting and shall quote clearly net price taking all such factors like discount, free supply etc. into account Before outright rejection of the Bid by Bid-opening team for non-compliance of any of the provisions mentioned in clause 31.1(i), 31.1(ii), the bidder company is given opportunity to explain their position, however if the person representing the company is not satisfied with the decision of the Bid opening team, he/they can submit the representation to the Bid opening team immediately but in no case after closing of the tender process with full justification quoting specifically the violation of tender condition if any Bid opening team will not return the bids submitted by the bidders on the date of tender opening even if it is liable for rejection and will preserve the bids in sealed cover as submitted by taking the signatures of some of the desirous representatives of the participating bidder/companies present on the occasion The in-charge of Bid opening team will mention the number of bids with the name of the company found unsuitable for further processing on the date of tender opening and number of representations received in Bid opening Minutes and if Bid opening team is satisfied with the argument of the bidder/company mentioned in their representation and feel that there is prima-facie fact for consideration, the in-charge of the bid opening team will submit the case for review to Officer competent to approve the tender as early as possible preferably on next working day and decision to this effect should be communicated to the bidder company within a week positively. Bids found liable for rejection and kept preserved on the date of tender opening will be returned to the bidders after issue of P.O. against the instant tender If the reviewing officer finds it fit to open the bid of the petitioner, this should be done by giving three (working) days notice to all the participating bidders to give opportunity to participants desirous to be present on the occasion. 32. ACTION BY PURCHASER AGAINST BIDDER(S)/ VENDOR(S) IN CASE OF DEFAULT. In case of default by Bidder(s)/ Vendor(s) such as a) Does not supply the equipment / 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. 21 Seal & Signature of Bidder