B H A R AT S A N C H A R N I G A M L I M I T E D

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1 B H A R AT S A N C H A R N I G A M L I M I T E D (A Govt. of India Enterprise) TENDER DOCUMENT FOR REPAIRING OF EPBT AND CLIP INSTRUMENTS In Kheda Telecom District, Nadiad TENDER NO. KTD / MM / T 04/17-18 DATED: 12/06/2017 AGM (CFA PLG.)SECTION O/o The Assistant General Manager (CFA Plg), 1st floor, Door Sanchar Bhavan, Near Vallabhnagar Society, Pij Road, Nadiad PH Fax No Visit us at: or 1 Seal and Signature of Bidder

2 BHARAT SANCHAR NIGAM LIMITED (A Govt. of India Enterprise) KHEDA TELECOM DISTRICT, NADIAD Office of the General Manager Telecom District 2 nd Floor, Door Sanchar Bhavan, Nr. Vallabhnagar Society, Pij Road, Nadiad No KTD / MM / T 04/17-18 Dated: 12/06/2017. 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 6 2 Tender Information Deleted 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 :Declaration Regarding No Relative Working In BSNL Part B : Undertaking & Declarations 7 Part A Bid Security Form 46 7 Part B Performance Security Guarantee Bond Part C Letter Of Authorisation For Attending Bid Opening 49 7 Part D Specimen Of Agreement Agency Details 52 9 Part A Bid form 53 Check List 54 FINANCIAL BID 9 Part B Rate Sheet 55 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 (CFA Plg.) O/o General Manager Telecom District, Nadiad Ph. No. (0268) Fax No. (0268) Seal and Signature of Bidder

3 SECTION 1 (Part A) No KTD / MM / T 04/17-18 Dated: 12/06/2017 Detailed Notice Inviting Tender Online Tender (Digitally) is invited by GMTD, Nadiad, on behalf of BHARAT SANCHAR NIGAM LIMITED from prospective bidders for Repairing of EPBT and CLIP Instruments for a period of one Year on `Rate Running Contract basis from the date of final acceptance of tender in Kheda Telecom District, Nadiad. Subject Repairing of Electronic Push Button, Plan 103 (1 + 1 ) Telephone Instrument and other items for the period of ONE YEAR on Rate Running Contract basis from the date of final acceptance of tender Approximate Quantity Name of Item Qty (1) EPBT Instrument 6400 Nos. (2) CLIP Instrument 6700 Nos. Bidders Eligibility As per details given in document Cost of Tender Rs. 500 /- ( Rupees Five Hundred only ) [Non-Refundable] Document Estimated Cost of Tender except Service Tax. Rs /- (Rs. Five lakhs Seventy six thousand six hundred sixty only) Service Tax shall be paid extra as applicable. Bid Security Rs.11533/- (Rs. Eleven thousand five hundred thirty three only) Duration of contract One year from date of award Security Deposit 5 % of total cost of tender Time & last date of Up to Hrs. on 04/07/2017 submission of Bid Time of Bid opening At Hrs on 04/07/2017 Place of opening of Tender at O/o The Assistant General Manager (CFA Plg.), 1 st Floor, Door Sanchar Bhavan, Nr. Vallabhanagar Society, Pij Road, Nadiad 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 & conditions. 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. 3 Seal and Signature of Bidder

4 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), BSNL, GMTD, Nadiad and payable at Nadiad. 2.2 The tender documents shall be issued free of cost to NSIC / 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 10:30 hours of 13/06/2017 to 13:55 hours of 04/07/2017 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. 4. Eligibility Criteria: - Bidder must have experience for repairing of CLIP/ EPBT/ Plan EPBT Instruments in BSNL/ MTNL/ Any PSU/ License Pvt. Telecom Operator as mentioned below. [i] He should have carried out work of repairing of CLIP Instruments/ EPBT Instruments/ Plan EPBT Instrument on rate running contract basis for at least 12 months continuously during the period from to OR [ii] He should have carried out work of repairing of CLIP Instrument/ EPBT Instruments/ Plan EPBT Instrument for at least 2000 Nos. of any make during the period from to OR [iii] He should have carried out work of repairing of CLIP Instruments/ EPBT Instruments/ Plan EPBT Instruments of any make for at least Rs.50000/- (Rs. Fifty thousand only) during the period from to 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 selfattested 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), BSNL, O/o GMTD, Nadiad and payable at Nadiad. (b) Bank Guarantee from a Nationalized/scheduled bank drawn in favour of AO (Cash), BSNL, O/o GMTD, Nadiad which should be valid for 180 days from the tender opening date. 5.2 The NSIC / MSE units shall be exempted from submission of Bid Security deposit on production of requisite proof in respect of valid certification from NSIC / MSME for the tendered item. 6. Date & Time of Submission of Tender bids: As above in table. 4 Seal and Signature of Bidder

5 Note 3: In case the date of submission (opening) of bid is declared to be a holiday, the date of submission (opening) of bid will get shifted automatically to next working day at the same scheduled time. Any change in bid opening date due to any other unavoidable reason will be intimated to all the bidders separately. 7. Opening of Tender Bids: 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 Part-B 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 (CFA Plg.), 1 st Floor, Door Sanchar Bhavan, Nr. Vallabhnagar Society, Pij Road, Nadiad , 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. GMTD, Nadiad 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 13/06/2017, 10:30 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 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. 14. All bidders are hereby inform that pre-bid conference shall be conducted on dated 28/06/2017 at 15:00 hours in the chamber of DGM (CM/ CFA), 2 nd floor, Door Sanchar Bhavan, Near Vallabhnagar Society, Pij Road, Nadiad for any query of bid document. Note 4: All documents submitted in the bid offer should be preferably in English. In case the certificate viz. experience, registration etc. is issued in any other language other than English, the bidder shall attach an English translation of the same duly attested by the bidder & the translator to be true copy in addition to the relevant certificate. Note 5: All computer generated documents should be duly signed/ attested by the bidder/ vendor organization. 5 Seal and Signature of Bidder

6 SECTION 1 (Part -B) NEWS PAPER N.I.T. (NNIT) BHARAT SANCHAR NIGAM LIMITED Office of the General Manager Telecom District KHEDA TELECOM DISTRICT, NADIAD NOTICE INVITING E- TENDER No.T04/17-18 E- Tender is invited from the prospective bidders for the work Repairing of EPBT & CLIP Instrument in Kheda Telecom District, Nadiad. Last date of receipt of tender is 04/07/2017 up to Hrs. For further detailed information, kindly visit our website and follow Link for E-tender or Assistant General Manager (CFA Plg.) O/o General Manager Telecom District, Nadiad Ph. No. (0268) Fax No. (0268) Seal and Signature of Bidder

7 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 b) Financial envelope shall contain Electronic Form- financial along with Price Schedule (Section 9 Part-B with all relevant bid annexure ) Note 2: 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 (CFA Plg.) 1st Floor, Door Sanchar Bhavan, Nr. Vallabhnagar Society, Pij Road, Nadiad 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). 7 Seal and Signature of Bidder

8 i) EMD - Bid security (original copy) ii) DD/ Banker's cheque of Tender fee (Original Copy). 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. Payment terms: As detailed in clause 4 of section-5 part A of the tender document. SECTION-3 Deleted 8 Seal and Signature of Bidder

9 SECTION 4 (Part-A) GENERAL INSTRUCTION TO BIDDERS (GIB) 1. DEFINITIONS: (a) "The User" or Purchaser means the Bharat Sanchar Nigam Limited, Kheda Telecom District, Nadiad. (b) "The Bidder" means the individual or firm who participates in this tender and submits its bid. (c) "The Contractor" or The Vendor means the individual or firm providing services under the contract. (d) The Goods means all equipment, machinery, and/or materials which the Contractor is required to supply to BSNL under the contract. (e) "The Contract Price" means the price payable to the Contractor under the Work order for the full and proper performance of its contractual obligations. (f) "The Advance Work Order"(AWO) means the intention of BSNL to place the Work Order on the bidder. (g) "The Work Order" means the order placed by the BSNL on the Contractor signed by the BSNL including all attachments and appendices thereto and all documents incorporated by reference therein. The Work Order shall be deemed as "Contract" appearing in the document. 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 to be supplied, 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 Kheda Telecom District, Nadiad portal, clarification shall be available as Addendum, for all the prospective 9 Seal and Signature of Bidder

10 bidders who have downloaded the official copy of tender documents from e- procurement portal of Kheda Telecom District, Nadiad. 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 total composite price inclusive of all Levies & Taxes but excluding Service tax which will be paid extra as applicable. The offer must be in Indian Rupees only. No Foreign exchange will be made available by the User. 9.2 The price quoted by the bidder shall remain fixed during the entire period of contract and shall not be subject to variation on any account. 10. DOCUMENTS ESTABLISHING BIDDER'S ELIGIBILITY AND QUALIFICATIONS: 10.1 The bidder shall furnish / upload, 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. (a) Firm Registration Certificate or Certificate of Incorporation or Shop & Establishment Certificate or Service Tax Registration or Sales Tax Registration. (b) 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. In case of partnership firm, authenticated copy of partnership deed & NOC from other partners for participate in the tender of BSNL and in case of company, a 10 Seal and Signature of Bidder

11 copy of certificate of incorporation & copy of memorandum & articles of association should be submitted / uploaded with the bid. (c) Work experience Certificates of repairing of Telephone Instrument in BSNL/any other organization. The work experience certificate must be issued under the signature not below the rank of AGM / DE/ STS level officer/ Class I officer of BSNL or Central or State Government. If bidder has experience of similar type of work in any private company, then experience certificate must be issued under the signature equivalent to the rank of AGM / DE level officer of BSNL. (d) Sales Tax / TIN registration certificates. (e) Registration for service Tax payer (f) Attested Photocopies of documents for documentary proof of their having a workshop /repair shop for repairing of EPBT instrument/other items should be furnished with the tender offer. (g) No. of personnel, their qualification and capability who will be put for this job (h) Details regarding Tools and tester available (i) How he intends to obtain quality spares. Source of procurement of quality spares (j) Tenderer should give in writing regarding capacity to repair minimum Nos. of instruments per year. (k) PAN card. (l) Solvency Certificate of Rs. 2 Lakhs from the banker of the tenderer. The Solvency Certificate shall not be older than the date of issue of NIT. (m) A latest & valid NSIC / MSME certificate (if applicable) as a part of bid documents for establishing the bidder s eligibility. (n) Bidder has to submit the EPF, ESI & labour license certificate. However, in case the prospective bidder is presently not covered under the provision of registration for EPF, ESI & labour license, he should submit an affidavit indicating that he is exempted from EPF, ESI & labour license and he will get registered under the provision of EPF, ESI & labour license etc. within one month of as and when applicable under intimation of this office and will submit the copy of registration certificate / license to this office. Affidavit shall be made notarized on non judicial stamp paper of Rs. 100/- (Rs. One hundred only) The bidder shall furnish documentary evidence that he has the financial, technical and performance capability necessary to execute the contract. 11. Declaration regarding any near relative not working in BSNL as per Performa given in section 6 Part B. 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 NSIC / 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) NSIC /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. 11 Seal and Signature of Bidder

12 12.3 The bid security is required to protect the BSNL against the risk of bidder's conduct, which would warrant the bid security s forfeiture, pursuant to para A bid not secured in accordance with para 12.1 & 12.2 shall be rejected by the BSNL being non-responsive at the bid opening stage and archived unopened on e-tender portal for e-tenders 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 (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 nonresponsive 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, 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, by the authorized person. The letter of authorization shall be indicated by written power-of-attorney accompanying the bid 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. 12 Seal and Signature of Bidder

13 (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. (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 along with all pages of technical bid duly signed with seal. 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 (CFA Plg.), O/o. GMTD, Nadiad, 1 st Floor, Door Sanchar Bhavan, Nr. Vallabhnagar Society, Pij Road, Nadiad 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 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 are delivered in time would vest with the bidder. 13 Seal and Signature of Bidder

14 e) The envelopes for Tender Fee / EMD shall be 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. (CFA Plg.), O/o. GMTD, Nadiad, 1 St Floor, Door Sanchar Bhavan, Nr. Vallabhnagar Society, Pij Road, Nadiad The User shall not be responsible if the envelopes for Tender Fee / EMD are delivered elsewhere. f) Venue of Tender Opening: Tender will be opened in the Chambe of AGM (CFA Plg.), O/o GMTD, 1 St Floor, Door Sanchar Bhavan, Nr. Vallabhnagar Society, Pij Road, Nadiad 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. 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 Bid must be submitted by the bidder through E-Tendering mode only. Manual submission of bid shall not be needed. 17. LATE BIDS: No bid shall be accepted either online by E-Tender Portal after the specified deadline for submission of online 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 Kheda Telecom District, Nadiad The bidder s modification, revision or withdrawal shall have to be online and digitally authenticated as per 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 14 Seal and Signature of Bidder

15 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 bidder s 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 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. 15 Seal and Signature of Bidder

16 21.2 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 The Bids will be evaluated as per the consolidated value for deciding the lowest Bidder. However GMTD, Nadiad reserves the right to consider the lowest rates offered for individual items by the other Bidders If any of the documents, required to be submitted along with technical bid is found wanting, the offer is liable to be rejected at that stage. However the purchaser 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 purchaser 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 The BSNL reserves the right to disqualify such bidders who have a record of not meeting contractual obligations against earlier contracts entered into with BSNL. 22. EVALUATION AND COMPARISON OF SUBSTANTIALLY RESPONSIVE BIDS The BSNL shall evaluate in detail and compare the bids previously determined to be substantially responsive pursuant to clause 21. The comparison for evaluation shall be of price offered inclusive of all Taxes and charges subject to compliance of specification. The evaluation and comparison of responsive bids shall be done on the price of the goods/service offered inclusive of Levies & Taxes i.e., Sales tax/tin & Excise Duty, packing, forwarding, freight and insurance etc. as indicated in the Price Schedule in the Bid Document but exclusive of octroi / entry tax, Service Tax which will be paid extra as per actual, wherever applicable. 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. 16 Seal and Signature of Bidder

17 24. PLACEMENT OF ORDER: 24.1 The 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 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, GMTD, Nadiad 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. 24.3(i) The BSNL intends to limit the number of technically and commercially responsive bidders 4 ( Four ) 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. (iv) DISTRIBUTION OF QUANTITIES FOR ORDERING TO THE SELECTED BIDDERS OF A TENDER Table 1(A) (Without provisions for MSE Units) No. of Bidders to be approved Quantity allotted to the respective bidder (Col. 2) (Col. 1) L1 L2 L3 L4 One Bidder 100% Nil Nil Nil Two Bidder 60% 40% Nil Nil Three Bidder 50% 30% 20% Nil Four Bidder 40% 30% 20% 10% Table 1(B) (With provisions for MSE Units) No. of Bidders Quantity allotted to the respective bidder to be approved (Col. 2) (Col. 1) L1 L2 L3 L4 Qty earmarked for MSE bidder(s) (Col. 3) One Bidder 80% Nil Nil Nil 20% Two Bidder 48% 32% Nil Nil 20% Three Bidder 40% 24% 16% Nil 20% Four Bidder 32% 24% 16% 8% 20% 17 Seal and Signature of Bidder

18 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 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. 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 venders, the purchaser reserves the right to place repeat order up to 100% of the quantities of goods and services contained in the running tender /contract within a period of twelve months from the 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. 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. 18 Seal and Signature of Bidder

19 27. ISSUE OF ADVANCE WORK ORDER: 27.1 The issue of an Advance Work Order (Letter of Intent) shall constitute the intention of BSNL to enter into the contract with the bidder The bidder shall within 14 days of issue of an advance work order, 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 it 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. (iv) Clause 11.2 of section 4 Part A: N/A (v) Section-5 Part A Commercial conditions, Section 5 Part B Special Conditions of Contract: Compliance if given using ambiguous words like Noted, Understood, Noted & Understood shall not be accepted as complied. Mere Complied will also be not sufficient, reference to the enclosed documents showing compliances must be given. (vi) Section-9 Part B Price Schedule: Prices are not filled in as prescribed in price schedule 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 19 Seal and Signature of Bidder

20 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. 33: 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 and in case of limited company by all the Directors of the company excluding Government of India/ Financial institution nominees and independent non-official part time Directors appointed by Govt. of India or the Governor of the state and full time Directors of PSUs both state and central. Due to any breach of these conditions by the company or firm or any other person the tender will be cancelled and Bid Security will be forfeited at any stage whenever it is noticed and BSNL will not pay any damage to the company or firm or the concerned person The Company or firm or the person will also be debarred for further participation in the concerned unit. 20 Seal and Signature of Bidder

21 34.3 The near relatives for this purpose are defined as:- (a) Members of a Hindu undivided family. (b) They are husband and wife. (c) The one is related to the other in the manner as father, mother, son(s) & Son's wife (daughter in law), Daughter(s) and daughter's husband (son in law), brother(s) and brother's wife, sister(s) and sister's husband (brother in law) The format of the certificate is given in Section-6 (B). 35. VERIFICATION OF DOCUMENTS AND CERTIFICATES The bidder will ensure that all the documents and certificates, including experience/ performance and self certificates submitted by him are correct and genuine before enclosing them in the bid. The onus of proving genuineness of the submitted documents would rest with the bidder. If any document/ paper/ certificate submitted by the participant bidder is found / discovered to be false / fabricated / tempered / manipulated either during bid evaluation or during s of contract or thereafter, then the Purchaser will take action as per Clause-1 of Appendix-1 of this section. 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 3. 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. 21 Seal and Signature of Bidder

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