BHARAT SANCHAR NIGAM LIMITED. (A Govt. of India Enterprise) O/o the General Manager Telecom, BSNL Bhavan, Kottayam

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1 BHARAT SANCHAR NIGAM LIMITED (A Govt. of India Enterprise) O/o the General Manager Telecom, BSNL Bhavan, Kottayam Bid Document LIMITED TENDER FOR THE PROCUREMENT OF MEDIA CONVERTER AND SWITCH IN KOTTAYAM BA Tender No.Tender/Media converter & switch/ktm/ dated at Kottayam the Cost of Tender document : - Rs.590 /- (inclusive of 18%) Availability of Tender document for downloading :- From to Signature of the bidder 1

2 STANDARD TENDER ENQUIRY DOCUMENT SECTION 1 Tender No.Tender/Media converter & switch/ktm/ dated at Kottayam the Sub: Tender document for procurement of Media converter & switch in Kottayam BA Please find enclosed the tender document containing the following Section Title Page No. 1 NOTICE INVITING TENDER TENDER INFORMATION 06 3 PART- A SCOPE OF WORK. PART B- SCHEDULE OF REQUIREMENT GENERAL INSTRUCTION TO BIDDERS (GIB) PART-A GENERAL (COMMERCIAL) CONDITIONS OF CONTRACT PART-B SPECIAL CONDITIONS OF CONTRACT (A) - UNDERTAKING AND DECLARATION 6 6(B) - NON RELATIVE CERTIFICATE 6(C) DECLARATION OF NON-TAMPERING OF TENDER DOCUMENT LETTER OF AUTHORISATION FOR ATTENDING BID OPENING 34 8 TENDERER S PROFILE 35 9 BID FORM REQUEST FOR EMD REFUND PROFORMA OF POWER OF ATTORNEY MANDATE FORM FOR ELECTRONIC FUNDTRANSFER OF PAYMENTS AGREEMENT PROFORMA FORMAT OF PERFORMANCE BANK GUARANTEE FINANCIAL BID APP-I CHECK LIST 47 2 Signature of the bidder

3 BHARAT SANCHAR NIGAM LIMITED (A GOVERNMENT OF INDIA ENTERPRISE) OFFICE OF THE GENERAL MANAGER TELECOM DISTRICT KOTTAYAM Tender No. Tender/Media converter & switch/ktm/ dated at Kottayam the NOTICE INVITING TENDER SECTION 1 Sealed competitive Limited Tenders are invited by the General Manager Telecom, Bharat Sanchar Nigam Limited, Kottayam BA from the registered manufacturers/dealers/ Suppliers with GST Registration (GSTIN is to be shown in bidders profile at section 8) for the procurement of MEDIA CONVERTER and SWITCH as per details given below in Kottayam BA for a period of one year from the date of executing the agreement. Schedule to the invitation of tender 1. Tender No Tender/Media converter & switch/ktm/ dated at Kottayam the Description of work procurement of MEDIA CONVERTER and SWITCH in Kottayam BA 3. Details of work Sl.No. Item Approximate quantity required Estimated cost EMD in Rs. 1 Media converter at customer end. GX-FEE Eight port (GE SFP ports) 150 Nos Rs LAN switch supporting SFP/VLAN 15 Nos Rs Cost of Tender Form Rs.500/- + GST 18%( = Rs.590/- ) 5. Availability of tender document for downloading From to Last Date and time of submission of sealed envelop containing Tender document, hrs on EMD of bid document and Financial bid 7. Date and Time of Tender Opening Hrs. of Validity of the offer 150 days 9. Submission of Tender : The duly completed and sealed bids can be dropped in to the Tender Box kept at O/o AGM(NWP), 4 th Floor, BSNL Bhavan, Kottayam or sent by Registered Post with Acknowledgement Due. (Address: AGM (NWP), 4 th Floor, BSNL Bhavan, Kottayam No separate acknowledgement will be given. 10. Place of opening of Tender bids: O/o AGM (NWP), 4 th Floor, BSNL Bhavan, Kottayam The quantity stated above are estimated and BSNL reserves the right to vary the quantity to the extent of -50% or +50% of specified quantity at the time of award of the contract i.e. APO/ LOI without any change in unit price or terms & conditions. 3 Signature of the bidder

4 12. Accessibility of Tender Document: : Tender Documents can be downloaded from the website or The cost of tender document 4 Signature of the bidder Rs.590/-(Rupees five hundred ninety only) The Tender document shall not be available for download on its submission/ closing date. A certificate regarding downloading of tender form from the site is to attached with the tender document in the format given at section 6(C) The DD of Rs. 590/- shall be drawn from any Nationalized /Scheduled Bank in favour of AO (Cash), O/o GMT, BSNL, Kottayam payable at Kottayam shall have to be submitted towards tender fee along with the tender bid failing which the tender bid will be rejected. The bidders in the category of Micro and Small Enterprises (MSEs) who are registered with MSME bodies like National Small Scale Industries Corporation, District / State Industries Centre, Khadi & Village Industries Commission/Board, Coir Board, and Directorate of Handicrafts & Handloom are exempted from the payment of tender document cost. Exemption is given only when tendered item is listed in the Registration certificate of MSE. A proof regarding current registration with MSME/NSIC for the tendered items and with monetary limit will have to be attached along with the bid. 13. Sale of tender Document: Not Applicable 14. Eligibility Criteria: ( a ) The bidder should be registered manufacturer /dealer/ Supplier for the supply of Media converter and/or switch. The bidder should have: b) Valid Goods and Services Tax Registration Certificate Number c) Valid PAN No.. d) A self-declaration along with the evidence that the bidder is not black listed by GST authorities. e) A self declaration along with the evidence that the bidder is not registered as a composition dealer under GST Act. B i d d e r registered as a composition dealer under GST Act i s n o t e l i g i b l e t o p a r t i c i p a t e i n t h e t e n d e r. 15. EMD: The bidder shall furnish the bid EMD in the following way. a) DDs for Rs 2600/- and 1500/- drawn in favour of AO (Cash), O/o the GMT, BSNL, Kottayam payable at Kottayam b) The bidders in the category of Micro and Small Enterprises (MSEs) who are registered with MSME bodies like National Small Scale Industries Corporation, District/State Industries Centre, Khadi&Village Industries Commission/Board, Coir Board, and Directorate of Handicrafts & Handloom are exempted from payment of bid security. Exemption is given only when tendered item is listed in the Registration certificate of MSE. A proof regarding current registration with MSME/NSIC for the tendered items and with monetary limit will have to be attached along with the bid. 16. Last Date & Time of Submission of Tender bids: As specified in the NIT of this tender document (by 14:00 hours on Note 3:- In case the date of submission (opening) of bid is declared to be a holiday, the date of submission (opening) of bid will get shifted automatically to next working day at the same scheduled time. Any change in bid opening date due to any other unavoidable reason will be intimated to all the bidders separately. 17. Tender bids received after due time & date will not be accepted. 18. Incomplete, ambiguous, Conditional, unsealed tender bids are liable to be rejected. 19. BSNL reserves the right to accept or reject any or all tender bids without assigning any reason. BSNL is not bound to accept the lowest tender. 20. Tender document can be down loaded from the website or

5 The bidder shall furnish a declaration under his digital signature that no addition / deletion / corrections have been made in the downloaded tender document being submitted 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. Note-4:- All documents submitted in the bid offer should be preferably in English. In case the certificate viz experience, registration etc. is issued in any other language other than English, the bidder shall attach an English translation of the same duly attested by the bidder & the translator to be true copy in addition to the relevant certificate. All computer generated documents should be duly attested/ signed by the issuing organisation. Before submitting the bid on the due date kindly see all corrigendum/clarification issued on the website. Assistant General Manager(NWP) O/o GMT, BSNL, Kottayam Tel Id- agmnwpktm@gmail.com 5 Signature of the bidder

6 SECTION-2 TENDER INFORMATION 1. Bid Document:: Bid for each tender should be submitted in two envelopes placed inside the main cover. These envelopes should contain the following: The first envelope named Technical Bid should contain the cost of tender document, bid security and all the bid documents except financial bid. The second envelope named :Financial Bid should contain the financial bid only. Note: The bids will be evaluated techno-commercially and financial bids of technocommercially compliant bidders only shall be opened. 1.1 The techno-commercial part of bid shall contain one set of the following documents only. a) EMD as per clause 3 Section I. b) Cost of the tender documents i.e. tender fee as per clause 4 Section-I. c) Certificate(s) showing fulfillment of the eligibility criteria(s) stated in Clause 14 of Section-I. d) Documents stated in clause 10 of Section-4. e) Clause by clause compliance as per clause 11.2 of Section-4 f) Bidder s Profile duly filled g) Undertaking & declaration in Performa duly filled & signed as per Section-6 A. h) No-Near Relation Certificate in Performa duly filled & signed as per Section-6 B. i) Tender/ Bid form duly filled & signed as per Section The financial part of bid shall contain one set of the complete price schedule as per Section 15 and any supporting documents required 2.Bid Validity Period 150 days from the tender opening date 3.. The envelope must bear the following: Name of the tenderer, Technical Bid or Financial Bid NOT TO OPEN BEFORE 1500 hours on Tender No.Tender/Media converter & switch/ktm/ dated at Kottayam the Payment terms: As per Clause 11 of Section 5 Part A Note 1:- All statutory taxes as applicable shall be deducted at source before payment. 5. Delivery Schedule: 30 Days from date of PO or schedule specifically stated in PO. As per section 5 Part A clause 15. Non- adherence of the mentioned delivery schedule will attract imposition of penalty as per terms of tender document Consignee: - Sub Divisional Engineer(Trans), E-10B Telephone Exchange, Thirunakkara, Kottayam, Kerala,Pin Signature of the bidder

7 SECTION - 3 Part - A SCOPE OF WORK Scope of work: This tender is for the PROCUREMENT OF MEDIA CONVERTER AND SWITCH 1) MEDIACONVERTER 10/100/1000 Mbps (20Km Reach) Single fiber Media converters are required for providing FTTH connections under Project, providing FTTH through DSLAMs and for providing media connectivity to mobile sites under phase 8.4 project in Kottayam BA. 1. Technical Specification Item: Single Pair Fiber Media Converter (20Km Reach) Access Mode: 10/100/1000 Mbps GE IEEE Base T, IEEE 802.3u 100 Base TX, IEEE 802.3z 1000 Base Fx, IEEE 802.3x Flow Control (20Km reach). Wave Length: Up to SFP Module Transmission distance: Up to SFP Module Port: One RJ45 Connector, connected one 1Gbps SFP Socket. Conversion means: Media Conversion. 2) LAN SWITCH Technical Specification Item : Router switch 106-1C-5S 1Gb Ethernet/SFP combo port and 5 nos. of 1.25Gbps SFP cage. CPU :QCA MHz Size of RAM : 128MB Storage type : Flash Storage size :16MB SFP :5X 1.25G Ethernet SFP cage (Mini GBIC: SFP module not included) DDM Support Combo port :1 (Gigabit Ethernet/SFP) PoE in : Yes Dimensions : 114x 137x29 tmm License level : 5 Operating System: Router OS Max Power consumption :11 W Operating Temperature: -20 to 70 C LEDs : 9x LEDs( 1x user LED) Serial port : RJ45 2. The approximate quantity of item required is given in part-b of Section 3. The quantity mentioned is only approximate and BSNL is empowered to increase or decrease quantity up to 50% without any change in terms and conditions at the time of award of contract. 3. Validity of tender: 150 days from the date of acceptance of tender. 4. Period of Contract: One Year from the date of agreement. However BSNL reserves the right to extend the tender for further one year under the same terms and conditions on mutual agreement. 7 Signature of the bidder

8 Approximate quantity required SECTION 3 -PART B Part B SCHEDULE OF REQUIREMENT Sl.No. Item Approximate quantity required 1 Media converter at customer end. GX-FEE Eight port (GE SFP ports) 150 Nos 2 LAN switch supporting SFP/VLAN 15 Nos Note:- BSNL 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 APO in the tender at the same rate or a rate negotiated (downwardly) with the existing venders 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. 8 Signature of the bidder

9 SECTION 4 GENERAL INSTRUCTION TO BIDDERS (GIB) 1. Definitions (a) The Purchaser means Bharat Sanchar Nigam Limited (BSNL) through the Office of the General Manager Telecom, BSNL, Kottayam BA (b) The Bidder means the individual or firm who participates in this tender and submit its bid (c) The Supplier means the individual or firm supplying the goods under the contract. (d) The Goods means all the equipment, machinery, and/or other materials which the Supplier is required to supply to the Purchaser under the contract. (e) The Advance Purchase Order or Letter of Intent means the intention of Purchaser to place the Purchase Order on the bidder. (f) The Purchase Order means the order placed by the Purchaser on the Supplier signed by the Purchaser including all attachments and appendices thereto and all documents incorporated by reference therein. The Purchase order shall be deemed as Contract appearing in the document. (g) The Contract Price means the price payable to the Supplier under the purchase order for the full and proper performance of its contractual obligations. (h) Validation is the process of testing the equipment as per the Generic Requirements in the specifications for use in BSNL network. Validation is carried out in simulated field environment and includes stability, reliability and environmental tests. (i) Telecom Service Provider means any Telecom operator in India, who is licensed by the Department of Telecommunications (DOT),Government of India to provide telecom services to the general public or to the other DOT licensed operator in other countries providing telecom services to general public of that country or to other telecom operators of the same country. (j) Successful bidder(s) means the bidders to whom work in this tender is awarded. (k) The term 'GST Act' shall include Central Goods and Service Tax Act, 2017 (CGST), State Goods and Service Tax Act, 2017 (SGST), Integrated Goods and Service Tax Act, 2017 (IGST), Union Territory Goods and Service Tax Act, 2017 (UTGST), Rules and any other GST related legislation in India 2. ELIGIBILITY CONDITIONS: i Kindly refer to Clause 14 of section - 1 ii List of document for eligibility requirement as mentioned in para 10 of this document 3. COST OF BIDDING: 3.1 The bidder shall bear all costs associated with the preparation and submission of the bid. The Purchaser will, in no case, be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process. 4. DOCUMENTS REQUIRED: 4.1 The goods required to be supplied; bidding procedures and contract terms and conditions are prescribed in the Bid Documents. The contents of the Bid Documents are specified in the covering letter. 4.2 The bidder is expected to examine all instructions, forms, terms and specifications in the bid documents and clarifications/amendments/addenda, if any. Failure to furnish all information required as per the Bid Documents or submission of the bids not substantially responsive to the Bid Document 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 of the Bid Documents shall notify the Purchaser in writing or by Fax or by of the Purchasers mailing address indicated in the Invitation for Bid. The Purchaser shall respond in writing to any request for clarification of the Bid Documents, which it 9 Signature of the bidder

10 receives not later than 15 days prior to the date of opening of the Tenders. 5.2 Any clarification issued by BSNL in response to query raised by prospective bidders shall form an integral part of bid documents and shall amount to an amendment of relevant clauses of the bid documents. 6.0 AMENDMENT OF BID DOCUMENTS: At any time, prior to the date of submission of Bids, the Purchaser may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective bidder, may modify the bid documents by amendments prior to the date of submission of Bids with due notification to prospective bidders. 6.2 The amendments shall be notified online on the tender/e-tender portal of BSNL. 6.3 In order to afford a prospective bidder reasonable time to take the amendments into account in preparing their bids, the Purchaser may, at its discretion, extend the deadline for the submission of bids suitably. 7. DOCUMENTS COMPRISING THE BID: The bid prepared by the bidder shall comprise of the documents specified in clause 1.1 of tender information (Section 2) 8. BID FORM: The bidder shall complete the Bid form and the appropriate Price Schedule furnished in the Bid Document, indicating the goods to be supplied, brief description of the goods, quantity and prices as per Section BID PRICE: 9.1 The bidder shall give the total composite price inclusive of all Levies & Taxes i.e. Customs Duty, Goods & Services Tax on packing, forwarding, freight and insurance etc. The basic unit price and all other components of the price need to be individually indicated up to two decimal points only against the goods it proposes to supply under the contract as per the price schedule given in Section 15. Prices of incidental services should also be quoted. The offer shall be firm in Indian Rupees. No Foreign exchange will be made available by the purchaser. 9.2 Prices indicated in the Price Schedule shall be entered in the following manner: (i) The Basic Unit price (Ex-Factory Price) of the goods, GST(IGST/CGST/SGST), Freight, Forwarding, Packing, Insurance and any other levies/charges taxes including GST on freight etc already paid or payable by the supplier shall also be quoted separately item wise. (ii) The Supplier shall quote as per price schedule given in Section 15 for all/any the items given in schedule of requirement at Section-3 part B. 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. 10 Signature of the bidder

11 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 9.6 The price approved by the BSNL for procurement will be inclusive of levies & taxes, packing, forwarding, freight and insurance as mentioned in Para 9.1 above subject to other terms & conditions as stipulated in clause 22.2 of section-4 and clause 12 of section-5 Part A of Bid document. Unloading charges at the consignee end shall be borne by the supplier and no separate charges shall be paid for transportation to individual sites for installation. 9.7 The freight by sea for transportation of equipment/stores from the nearest port in the main land to Andaman & Nicobar Islands will be reimbursed to the supplier at the concessional rates levied by Ministry of Water and Surface Transport on production of proof. 10. DOCUMENTS ESTABLISHING BIDDER S ELIGIBILITY AND QUALIFICATIONS 10.1 The bidder shall furnish, as part of the bid documents establishing the bidders eligibility the following documents or whichever is required as per terms and conditions of Bid Documents: a) DD towards cost of Tender document b) DD/ BG towards Bid security. c) Power of Attorney as per clause 14.4 (a) and authorization for executing the Power of Attorney as per clause 14.4 (b) and (c). d) Self attested copy of GST Registration Certificate.. e) Undertaking duly signed by front bidder and its technology/consortium partner stating that both of them shall be liable for due performance of the contract jointly and severally. f) Self attested copy of PAN Card g) Certificates from all Directors of the bidder stating that none of their near relatives are working in BSNL in accordance with clause 34. h) Certificate of incorporation. i) Articles or Memorandum of Association or partnership deed or proprietary ship deed as the case may be. j). List of Directors including their name(s), Director Identification Number(s) (DIN) and addresses) along with contact telephone numbers of office and residence. k) Registration Certificate from State Director of Industries or from Secretariat for Industrial Assistance (SIA), Ministry of Industries, Government of India if applicable. l) A self-declaration that the bidder is not black listed by GST authorities. m) A self declaration that the bidder is not registered as a composition dealer under GST Act. n) Valid MSE Certificate, if applicable. In case the ownership of such MSE Entrepreneurs happens to be from SC/ST category, proof in this regard also need to be submitted. o) Authorization letter from the reputed firm, in case the supplier is a dealer 11. DOCUMENTS ESTABLISHING GOODS CONFORMITY TO BID DOCUMENTS: 11.1 Pursuant to Clause 7, the bidder shall furnish, as part of his bid, documents establishing the conformity of its bid to the Bid Documents of all goods and services which he proposes to supply under the contract The documentary evidence of goods and services conformity to the Bid Documents may be in the form of literature, drawing, data etc. and he shall furnish: (a) (b) a detailed description of the goods with essential technical and performance characteristics; a clause-by-clause compliance on the purchaser s Technical Specification demonstrating substantial responsiveness to the Technical Specifications(Section- 3), In case of deviations, a statement of the deviations and exception to the provision of the Technical Specifications shall be given by the bidder. A bid without clause-by-clause compliance of the Technical Specifications shall not be considered. 11 Signature of the bidder

12 11.3 For the purpose of compliance to be furnished pursuant to the Clause 11.2 above, the bidder shall note that the standards for the workmanship, material and equipment and reference to the brand names or catalogue number, designated by the Purchaser in its Technical Specifications are intended to be descriptive only and not restrictive. 12. BID SECURITY/EMD: 12.1 (i) The bidder shall furnish a bid security of amount as specified in detailed NIT (Section 1). The bidders in the category of Micro and Small Enterprises (MSEs) who are registered with MSME bodies like National Small Scale Industries Corporation etc are exempted from payment of bid security. A proof regarding valid registration with MSME/NSIC for the tendered items shall have to be attached along with the bid. (ii) If a vendor registered with MSME bodies like NSIC etc under single point registration scheme 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 Purchaser against the risk of bidders conduct which would warrant the forfeiture of bid security pursuant to para The bid security shall be submitted in the form as specified in clause 15 of detailed NIT (section-1) A bid not secured in accordance with Para 12.1 & 12.3 shall be summarily rejected by the Purchaser being non-responsive at the bid opening stage The bid security of the unsuccessful bidder will be returned/ discharged as promptly as possible and within 60 days of acceptance of tender but not later than 30 days after the expiry of the period of the bid validity prescribed by the purchaser pursuant to clause The successful bidder(s) bid security will be discharged in accordance with Clause 4.1, Section-5- Part-A General (Commercial) Conditions of Contract The bid security may be forfeited: a) If the bidder withdraws or amends its bid or impairs or derogates from the bid in any respect during the period of bid validity specified by the bidder in the bid form or extended subsequently; or b) If the bidder does not accept the APO/ AWO/ LOI and/ or does not submit PBG as per clause 27.2 & 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 period of 150 days from the date of bid opening by the Purchaser, pursuant to Clause A BID VALID FOR A SHORTER PERIOD SHALL BE REJECTED BY THE PURCHASER AS NON-RESPONSIVE In exceptional circumstances, the purchaser may request the consent of the bidder for an extension to the period of bid validity. The request and the response thereto shall be made in writing. The bid security provided under Clause 12 shall also be suitably extended. A bidder may refuse the request without forfeiting its bid security. A bidder accepting the request and granting extension will not be permitted to modify its bid. 14. FORMAT AND SIGNING OF BID 14.1 (i) The bidder shall submit his bid, complying all eligibility conditions, other terms and 12 Signature of the bidder

13 conditions of tender document to be read along with the clarifications and amendments issued in this respect. (ii) NA 14.2 NA 14.3 The bid shall contain no interlineations, erasures or overwriting except as necessary to correct errors made by the bidder in which case such corrected documents or revisions shall be authenticated by the person signing the bid using digital signature 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 shall 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. 15. Clause deleted 16. SUBMISSION OF BIDS 16.1 Bids must be submitted by the bidders on or before the specified date & time indicated in Section-I of NIT. Bid for each Tender should be submitted in two envelopes placed inside a third envelope. These envelopes should contain the following. Envelope Marked on the cover Contents of the envelope First Technical Bid Bid security, cost of tender form, bid document and other relevant documents as per eligibility criteria Second Financial Bid Rates duly quoted by the bidder in the prescribed format 16.2The Purchaser may, at its discretion, extend this deadline for the submission of bids by amending the Bid Documents in accordance with clause 6 in which case all rights and obligations of the purchaser and bidders previously subject to the deadline will thereafter be subjected to the deadline as extended. 16.3The bidder shall submit his bid offer against a set of bid documents purchased by him for all or some of the systems / equipment / packages as per requirement of the Bid Documents. Only one independent and complete offer shall be permitted from the bidder. 17. LATE BIDS Any bid received by BSNL after the deadline for submission of bids prescribed by BSNL pursuant to Clause 16.1, shall be rejected and returned unopened to the bidder. 18. MODIFICATION AND WITHDRAWAL OF BIDS 18.1 The bidder may modify or withdraw his bid after submission provided that the written notice of the modification or withdrawal is received by BSNL prior to the deadline prescribed for submission of bids. The latest dated modifications of the bidder or the withdrawal notice will be taken as final. 13 Signature of the bidder

14 18.2 The bidder's modification or withdrawal notice shall be prepared, sealed, marked and despatched as required in the case of bid submission in accordance with the provision of clause 16. A withdrawal notice may also be sent by Fax but followed by a signed confirmation copy by post, marked not later than the deadline for submission of bids No bid shall be allowed for modification subsequent to the deadline for submission of bids. 19. OPENING OF BIDS BY PURCHASER: 19.1 The BSNL shall open the bids on the date and time mentioned in the NIT or on the adjourned date as may be notified later, in the presence of bidders or their authorized representatives who choose to attend, at due time on due date at address specified in Section I. The bidder s representatives, who are present, shall sign in an attendance register. Authority letter to this effect shall be submitted by the bidders before they are allowed to participate in bid opening (Format is given in section -7) A maximum of two representatives for any bidder shall be authorized and permitted to attend the bid opening. The Technical bid will be opened on first sitting. Tenders satisfying the technical requirements verified by the technical evaluation committee will only be considered for financial bid and the financial bid will be opened on a later date, the date and time of which will be intimated to the eligible bidders 19.3 The BSNL shall examine the bids to determine whether these are complete and are generally in order, without computational errors, with required enclosures and appropriate documents The Bidder's name, Bid prices, modifications, bid withdrawals and such other details as the purchaser, at its discretion, may consider appropriate; will be announced at the 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 Purchaser may, at its discretion ask the bidder for the clarification of its bid. The request for clarification and the response shall be in writing. However, no post bid clarification at the initiative of the bidder shall be entertained If any of the documents, required to be submitted along with the technical bid is found wanting, the offer is liable to be rejected at that stage. However the purchaser at its discretion may call on any clarification regarding the bid document within a stipulated time period. In case of non compliance to such queries, the bid will be out rightly rejected without entertaining further correspondence in this regard. 21. PRELIMINARY EVALUATION: 21.1 Purchaser shall evaluate the bids to determine whether they are complete, whether any computational errors have been made, whether required sureties have been furnished, whether the documents have been properly signed and whether the bids are generally in order Arithmetical errors shall be rectified on the following basis. If there is a discrepancy between the unit price and total price that is obtained by multiplying the unit price and quantity, the unit price shall prevail and the total price shall be corrected by the purchaser. If there is a discrepancy between 14 Signature of the bidder

15 words and figures, the amount in words shall prevail. If the supplier does not accept the correction of the errors, his bid shall be rejected Prior to the detailed evaluation pursuant to clause 22, the Purchaser will determine the substantial responsiveness of each bid to the Bid Document. For purposes of these clauses, a substantially responsive bid is one which confirms to all the terms and conditions of the Bid Documents without material deviations. The purchasers determination of bid s responsiveness shall 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 purchaser and shall not subsequent to the bid opening be made responsive by the bidder by correction of the non-conformity The Purchaser may waive any minor infirmity or non-conformity or irregularity in a bid which doesn t constitute a material deviation, provided such waiver doesn t prejudice or affect the relative ranking of any bidder. 22. EVALUATION AND COMPARISON OF SUBSTANTIALLY RESPONSIVE BIDS: 22.1 The Purchaser shall evaluate in detail and compare the bids previously determined to be substantially responsive pursuant to clause The bidder should quote for all the two items. Evaluation and comparison of responsive bids shall be done on the basis of cost for individual item, along with all applicable Taxes, packing Forwarding Freight & Insurance charges etc. as arrived in Col. 16 of Price schedule in Section 15 of the Bid-document after arithmetical correction in the manner laid down in clause 21.2 above but excluding taxes which are creditable to BSNL. Further, the bidder is also required to mention the taxes(if any) applicable on the movement of Goods. 22.2a Normally the contract will be awarded to the L1 bidder (a) Duties, Taxes & Cesses for which the firm has to furnish GST Challans/Invoices will be indicated separately in the PO/APO/LOI. (b) Suppliers should furnish the correct HSN / SAC classification /Customs tariff Head in the price Schedule. If the credit for the Duties,Taxes and Cesses under provision/ rules under GST law is found to be not admissible at any stage subsequently owing to wrong furnishing of Tariff Head, then the suppliers will be liable to refund such non-admissible amount, if already paid, along with penalty and interest if charged by the concerned authority. (c) In case the Duties,Taxes and Cesses which are not eligible for input tax credit as per the quotes indicated in the price schedule by the suppliers and subsequently at any stage it is found that Credit for such Duties,Taxes and Cesses is admissible as per provision of GST law, then the suppliers will be liable to refund the amount equivalent of such Duties,Taxes and Cesses if already paid to them provided the credit can be claimed within the time prescribed under the applicable legislation and BSNL has all documents to claim such credit. The refund is also subject to the bidder performing necessary act for enabling BSNL to claim the credit viz. upload the information on GSTN. However, the purchaser may allow the supplier to submit necessary documents in this regard which may enable the purchaser to avail the input tax credit provided such credit is still available for the amount so paid as per provision of GST law. (d) The purchaser reserves the right to ask the bidders to submit documentary proof confirming the correct HSN or SAC classification/ Customs Tariff Head from the CGST/SGST/IGST officer or Customs authority where the HSN or SAC classification/ Customs Tariff Head furnished against the particular tendered item by different bidders, differs from each other or the same is found apparently not furnished in accordance with GST Act/Customs Tariff notifications. e) If the supplier fails to furnish necessary supporting documents i.e. Tax invoices / Customs invoices etc. in respect of the Duties,Taxes and Cesses which are eligible for input tax credit, the amount pertaining to such Duties,Taxes and Cesses will be deducted from the payment due to the firm 15 Signature of the bidder

16 (f) If the supplier fails to perform necessary compliances which would any manner restrict BSNL to claim input tax credit, then the amount pertaining to such Duties,Taxes and Cesses will be deducted from the payment due to the supplier. (g) If the supplier does not disclose the correct details on the invoice or on the GSTN viz. GSTIN, Place of Supply, etc. which restricts BSNL to claim input tax credit, then the amount pertaining to such Duties, Taxes and Cesses will be deducted from the payment due to the supplier Final ranking and lowest price (L-1) for each item in the tender will be arrived by comparing the bids of technically & commercially responsive bidders 23. CONTACTING THE PURCHASER: Subject to Clause 20, no bidder shall try to influence the Purchaser on any matter relating to its bid, from the time of the bid opening till the time the contract is awarded Any effort by a bidder to modify his bid or influence the purchaser in the purchaser s bid evaluation, bid comparison or contract award decision shall result in the rejection of the bid 24. PLACEMENT OF ORDER 24.1 The Purchaser shall consider placement of orders for commercial supplies only on those eligible bidders whose offers have been found technically, commercially and financially acceptable. The Purchaser reserves the right to counter offer price(s) against price(s) quoted by any bidder The ordering price of any bidder shall not exceed the lowest evaluated package price. However, at a later stage if there is any increase in Govt. duties/taxes within scheduled delivery date (SDD), the unit prices with applicable revised duties/taxes will be paid to suppliers irrespective of their ranking keeping other levies & charges unchanged The purchaser reserves the right for the placement of order of entire tendered quantity on the bidder with the lowest evaluated price for each item. 25. PURCHASER S RIGHT TO VARY QUANTITIES: (a) BSNL reserves the right to increase or decrease up to 25% of the quantity of goods and services specified in the schedule of 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 APO/ LOI in the tender at the same rate or a rate negotiated (downwardly) with the existing venders 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 a fresh. (c) While the tender will be valid for one year, actual PO and sufficient supply can be staggered as per requirement of SSA. Against one APO/LOI, more than one PO can be placed as per timely requirement. 26. PURCHASER S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS: The Purchaser reserves the right to accept or reject any bid, and to annul the bidding process and reject all bids, at any time prior to award of contract without assigning any reason whatsoever and without thereby incurring any liability to the affected bidder or bidders on the grounds of purchaser s action. 27. ISSUE OF ADVANCE PURCHASE ORDER(APO) / LETTER OF INTENT (LOI) 27.1 The issue of an Advance Purchase Order/ Letter Of Intent shall constitute the intention of the Purchaser 16 Signature of the bidder

17 to enter into contract with the bidder The bidder shall within 14 days of issue of the advance purchase order/ Letter of Intent, give his acceptance along with performance security in conformity with proforma enclosed in Section 14 provided with the bid document L-1 bidder may be issued APO / LOI in one stage 28. SIGNING OF CONTRACT: 28.1 An agreement with the successful bidder shall be signed by the BSNL within 14 days or the date as decided by the GMT, Kottayam BA after the issue of information to do so from this office. Agreement will be executed on non judicial stamp paper of costing Rs.200/- The cost of stamp paper will be borne by contractor issue of Purchase order ( After signing agreement and submission of requisite performance security) shall constitute the award of contract on the bidder Upon the successful bidder furnishing performance security pursuant to clause 27, the Purchaser shall discharge the bid security in pursuant to clause 12, except in case of L-1 bidder, whose EMD shall be released only after finalization of ordering of complete tendered quantity in pursuance to clause no of this section. 29. ANNULMENT OF AWARD Failure of the successful bidder to comply with the requirement of clause 28 shall constitute sufficient ground for the annulment of the award and the forfeiture of the bid security in which event the Purchaser may make the award to any other bidder at the discretion of the purchaser or call for new bids. 30. Clause deleted 31. REJECTION OF BID: 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) Clauses 12.1, 12.3 & 13.1 of Section 4 : The bids will be rejected at opening stage if Bid security is not submitted as per Clauses 12.1 & 12.3 and bid validity is less than the period prescribed in Clause 13.1 mentioned above. (ii) Clause 2 & 10 of Section 4: If the eligibility condition as per clause 2 of Section 4 is not met and / or documents prescribed to establish the eligibility as per Clause 10 of section 4 are not provided, the bids will be rejected without further evaluation. (iii) Clause 11.2 (b) of Section 4: 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 that effect must be given. Sufficient documentary evidence to be attached wherever required. (iv) Section 5 Part A- Commercial conditions, Section 5 Part B- Special Conditions of Contract & Section 3- Technical Specifications: 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. (v) Section 15 Price Schedule: Prices are not filled in as prescribed in price schedule. (vi) Section 4 clause 9.5 on discount which is reproduced below: Discount, if any, offered by the bidder shall not be considered unless specifically indicated in the price schedule. Bidders desiring to offer discount shall therefore modify their offer suitably while quoting and shall quote clearly net price taking all such factors like Discount, free supply etc. into account. (vii) Before outright rejection of the Bid by Bid-opening team for non-compliance of any of the provisions mentioned in clause 31(i) of Section 4 and clause 4 of section 1, though, the bidder company is given opportunity to explain their position, however if the person representing the bidder company is not 17 Signature of the bidder

18 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 competent authority GM in circles and Director concerned in corporate office as early as possible preferably on next working day and decision to this effect should be communicated to the bidder company within a week positively. Bids found liable for rejection and kept preserved on the date of tender opening will be returned to the bidders after issue of P.O. against the instant tender. If the reviewing officer finds it fit to open the bid of the petitioner, this should be done by giving three (working) days notice to all the participating bidders to give opportunity to desirous participants to be present on the occasion. 32. PURCHASER S RIGHT TO DISQUALIFY In case of default by Bidder(s)/ Vendor(s) such as a) Does not supply the equipment in time. b) Equipment does not perform satisfactory in the field in accordance with the specifications; c) Or any other default, Purchaser reserves the right to disqualify the supplier for a suitable period as decided by the purchaser. 33. Clause deleted. 34. NEAR-RELATIONSHIP CERTIFICATE: The bidder should give a certificate that none of his/her near relative, as defined below, is working in the units where he is going to apply for the tender. In case of proprietorship firm, certificate will be given by the proprietor. For partnership firm, certificate will be given by all the partners. 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 and full time Directors of PSUs both state and central. Due to any breach of these conditions by the company or firm or any other person the tender will be cancelled and Bid Security will be forfeited at any stage whenever it is noticed and BSNL will not pay any damage to the company or firm or the concerned person. The company or firm or the person will also be debarred for further participation in the concerned unit. The near relatives for this purpose are defined as:- (a) Members of a Hindu undivided family. 18 Signature of the bidder

19 (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 daughters husband(son in law), brother(s) and brother s wife, sister(s) and sister s husband(brother-in-law) Please refer to the Performa enclosed 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 / tampered / manipulated either during bid evaluation or during award of contract or thereafter, then the Purchaser will take action. Note for Tender opening Committee: At the time of tender opening, the TOC will check/ verify that the documents conforming to eligibility part are submitted by the participant bidder duly authenticated by the authorized signatory to obviate any possibility of doubt and dispute and maintain veracity of the documents / papers/ certificates. The documents/ papers to be submitted in respective bid part have been explicitly stated in clause- 7 of Section-4 This opened bid part which is already signed by the authorized representative of the bidder company during bid submission will be signed by the tender opening committee on hard copy and preserve it along with the bids received online in case of e-tendering. These papers will be treated as authentic one, in case of any dispute. 36 SECURITY CLAUSE AS PER LATEST GUIDELINES AND REQUIREMENT: (if applicable) Mandatory Licensing requirements with regards to security related concerns issued by the Government of India from time to time shall be strictly followed and appropriate clauses shall be added in all documents. Necessary guidelines in this regard shall be issued separately. 37. GST Invoice & Compliances under Goods & Service Tax Act (GST), Tax Clause - All taxes except CGST, SGST, UTGST and IGST if any, required to be paid on the invoices as specified in clause 9 Secton-IV shall be borne by the supplier 37.2 Payment terms: BSNL will make payment to supplier only after the invoice is uploaded by supplier in GST outward return i.e. GSTR-1 and credit of GST is available (reflected in GSTR-2A) to BSNL. Supplier hereby agrees that it will be solely responsible for performing all compliances and making payments of GST, cesses, interest, penalties or any other tax/ duty/ amount/ charge/ liability arising 19 Signature of the bidder