SAMPLE BID DOCUMENT

BSNL
Connecting India

(A Government of India Enterprise)

KARNATAKA TELECOM CIRCLE

Business Area : _____________

SSA : ___________

TENDER FORM

Open E-Tender For Out Sourcing Of Maintenance Of External Copper

Network Plant In Urban Areas And Provisioning Of Land Line And
Broad Band For Two Years
In _______ SSA For _____ Nos Of ___Clusters
Cost of the Tender Form: ______ /-

NIT No. ______________________________________________- Dated _________

Due Date / Time of Receipt: 1100 Hrs of 00.00.2020

Due Date / Time of Opening: 1130 Hrs of 00.00.2020

OFFICE OF

BA/SSA -----------------
Visit us at: www.karnataka.bsnl.co.in

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STANDARD TENDER ENQUIRY DOCUMENT

SECTION – 1

BHARAT SANCHAR NIGAM LIMITED

(A Government of India Enterprise)
_______________ SSA

From, To,

AGM (NWO / NWP - CFA ) .................................................

----------------- SSA

No. : _ dated at C.O, BG-8 the 00.00.2019

Sub: - OPEN E-TENDER FOR OUT SOURCING OF MAINTENANCE OF EXTERNAL COPPER NETWORK
PLANT IN URBAN AREAS AND PROVISIONING OF LAND LINE AND BROAD BAND – Reg .

Tender Enquiry No.: ……………………………………………………… dated. 00.00.2019

Please find enclosed the tender document in respect of above mentioned tender which contains the
following.

Section No. Item Page No.

1 PART A Detailed NIT 3-7
2 Tender Information 8-11
3 Scope of work 12-14
4 Part A General Instructions to Bidders (GIB) 15-26
4 Part B Special Instructions to Bidders (SIB) 27-29
4 Part C E-tendering Instructions to Bidders 30-35
5 Part A General (Commercial) Conditions of Contract (GCC) 36-48
5 Part B Special (Commercial) Conditions of Contract (SCC) 49-56
6 Part A, Part B Undertaking & declaration, Near-Relationship Certificate 57-58
7 Part A,B,C,D,E & F Proforma 59-66
ANNEXURE-A Clause by Clause Compliance 67-72
8 Bidder’s profile & Questionnaire. 73-74
9 Part A & Part B Bid Form & Price Schedule 75-77
Annexure ANNEXURES including with Check List of Bidders (1 to 14) 78-98
Appendix Appendix-1 99-103

If interested, kindly submit your Bid offers online on or before date & time specified in Clause 6 of Detailed
NIT.

AGM (Planning)
----------------- SSA

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SECTION-1 PART A
DETAILED NOTICE INVITING TENDER (NIT)
BHARAT SANCHAR NIGAM LIMITED
(A Government of India Enterprise)
…………………. BA/SSA

Tender Notice No. …………………………………………………………….. dated 00.00.2020

For and on behalf of Bharat Sanchar Nigam Limited, digitally signed e-Tenders are invited by Principal
General Manager Telecom/ GM, …….SSA, in Single Stage Bidding and Two electronic envelope system, (Techno-
commercial bid and financial bid with other eligible documents) from the eligible bidders, for out sourcing of
maintenance and provisioning of land line and broad band for external plant of copper network in urban areas for two
year( extendable by one year maximum).

The bidder can participate for any number of clusters but the contract to one bidder shall not
exceed 70% of total working lines of SSA to ensure minimum two bidders in the SSA. The choice of
clusters will rest with successful bidder.
The estimated cost of the tender and the cost of EMD are given in the table below for each cluster unit.
Sl. No SSA Name Cluster name Working connections Estimated cost EMD in Rs.
in cluster ( LL+BB) as in Rs ( 2% of estimated
on 01.01.2020 cost)
1. Cluster 1
2. Cluster 2
….. ……..
1. Cluster 1
2. Cluster 2
….. ……
The cost of tender form shall be Rs _____/- (inclusive of GST) irrespective of the number of clusters.
If the bidder has MSME/NSIC registration, the bidder is exempted from the payment of the cost of tender form
and EMD.
Date and Time of Tender
Last date & Time of ONLINE submission of eligibility 11:00 hrs 00.00.2020
documents and Bid documents (through online mode)
Last date & time for submission of EMD, Cost of tender
document and documents in original in sealed envelope in O/o 11:00 hrs 00.00.2020
PGM/GMT ______ SSA
Time & Date of Opening of the Bid-(ON LINE) 11:30 hrs 00.00.2020

Note-1: The quantity stated above are estimated and BSNL reserves the right to vary the quantity to the
extent upto +50 % of specified quantity/amount at the time of award of the contract i.e. AWO
(Advance work order) without any change in unit price of respective cluster/s and other terms &
conditions

Note 2: 25 % of the Estimated Quantity / requirement in this tender Enquiry is earmarked to 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 & will be allotted to other eligible bidders.

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a) Providing a minimum 3% reservation for women owned MSEs within the above mentioned 25%
reservation.
b) The 25% includes a sub-target of 5% procurement from the MSEs owned by SC / ST entrepreneurs.

Note 3: MSE bidders should declare their UAM No. (Udyog Aadhar Memorandum Number) on Central Public
Procurement Portal (CPPP) failing which such bidders will not be able to enjoy the benefits available
to MSEs as contained in Public Procurement Policy for MSEs order 2012 issued by MSME.

2. Purchase of Tender Document: Tender document can be obtained by downloading it from the website
www.karnataka.bsnl.co.in and the tender document for participating in E-tender shall be available for
downloading from e-tender portal www.eprocure.gov.in / e-procure / app.

2.1. The bidders downloading the tender document are required to submit the tender fee (along with applicable
GST) 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 Accounts
Officer (Cash), O/o PGM/GMT, ____ SSA payable at ________ SSA.

2.2. The tender documents shall be issued free of cost to MSE bidders on production of requisite proof in
respect of valid certification from MSME for the tendered item.

3. Availability of Tender Document: The tender document shall be available for downloading from on all working
days of this office. From 1800 hrs of 00.00.2019 onwards up to 00.00.2019 1055 hrs.

3.1. Since Tenders are invited through e-tendering process, physical copy of the tender document would not be
available for sale.

4. Eligibility Criteria for Bidders:

4.1 General Qualification
4.1.1 The Bidder must be Indian registered Companies under Companies Act 1956/2013 or a LLP or a
Firm registered under applicable Acts.
4.1.2 The Bidder must not be black-listed for Telecom business by any Central/ State Governments/ PSUs
in India at the time of submission of bid. An undertaking must be submitted in this regard.
4.1.3 The Bidder must have a valid PAN & valid registration under GST Act, EPF and ESI in India. In case
of multiple GST numbers, all the numbers can be provided as Annexure.
4.1.4 Bidder must submit duly filled Bidder’s profile.
4.1.5 Copy of valid labour license under Contract Labour (Regulation and Abolition) Act 1970, if available. If
not available the same should be produced within one month from the date of award of contract.
4.1.6 The age limit of workers to be engaged for external plant maintenance units should be between 18
years to 55 years.

4.2 Technical Qualification

4.2.1 The Bidder must have an experience of executing works related to provisioning new connection or
construction/maintenance of underground Telecom cables/Telecom outdoor network /BTS
maintenance of any Telecom Service Providers (holding service license) in the two financial years i.e.
2017-18, 2018-19.
OR

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4.2.2 BSNL Franchisee associated with BSNL for more than 5 years.
(Bidders will be required to support claims of their required experience, through certificates issued
by any executive with approval of AGM rank officer, in case of PSUs or with approval of Circle Head,
in case of private TSPs.).

4.3 Financial Qualification

4.3.1 The Bidder must have minimum annual turnover of 50% of estimated cost of tender, during each
of the consecutive financial years 2017-18 and 2018-19 from telecom business as mentioned in
4.2.1 in Technical Qualification.
OR

4.3.2 For BSNL Franchise, Business with BSNL in (FY 2017-18) + (FY 2018-19) shall be
Cluster Size
3k – 5k ---- 1 Cr.
5k – 10k ----- 2 Cr.
10k+ ------3 Cr
Bidders will be required to support claims of their financial qualification through their audited financial
statements duly certified by their CA.

The bidders shall submit necessary documentary proof showing that they meet the eligibility criteria along
with their tender bid. All documents submitted will also be self-attested by the bidder.

Note: 4 a) Advance Work order is subject to verification of eligibility criteria documents as mentioned
in clause 4 above (submitted in the tender) with their originals for technically and financially eligible
bidder .
b) Successful bidders to whom the AWO has been issued is required to show the originals to the AWO
Issuing Authority or an Officer/ committee nominated by him for this purpose within the stipulated time
period for submission of PBG.
c) In case any eligibility criteria document mentioned in clause 4 above is submitted by the bidder as a
part of its bid, happens to be issued by BSNL, then AWO / WO issuing authority or an officer /
committee nominated by him for this purpose will verify the same from the BSNL UNIT who has issued
the said document by making correspondence with the respective unit within the stipulated time period
for submission of PBG.
d) WO will be placed on the vendor only on successful verification of above documents apart from
fulfilment of other AWO conditions.
e) Indemnity clause -“The Contractor shall indemnify that in the event of black- listing by BSNL
during the tenure of the contract, the contractor shall reimburse the loss of input Tax Credit
due to failure of the Contractor. The Contractor shall also indemnify that BSNL has got right to
recover input Tax Credit loss suffered by it due to mis-declaration on invoice by the
Contractor”.

. 5. Bid Security / EMD:

5.1. The bidder shall furnish the Bid Security / EMD in one of the following ways:-

a) Demand Draft / Banker’s Cheque drawn in favour of Accounts Officer (Cash), BSNL, DGM
_______SSA , payable at ____.

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b) Bank Guarantee from a scheduled bank other than from AXIS bank (as per the Format given in
Section-7 Part A on prescribed Judicial paper with stamp of proper value) drawn in favour of DGM
_______SSA , , payable at ____, which should be valid for 210 days (i.e. one month above the offer
validity period subject to maximum of 210 days) from the tender opening date.

5.2. The MSE units shall be exempted from submission of Bid Security deposit on production of requisite
proof in Respect of valid certification from MSME for the tendered item.

5.3. Exemption from payment of Bid Security deposit / Earnest Money Deposit
The MSE units registered with bodies as detailed in para 5.1 above shall be given exemption from
payment of Bid Security deposit provided the tendered item is listed in the Registration Certificate of
MSE.
a) A proof regarding current registration with bodies as detailed in para 5.1 above for the tendered items
will have to be attached along with the bid.
b) The enlistment certificate issued by bodies as detailed in para 5.1 should be current & valid on the
date of opening of bid.
c) The MSE bidder’s are requested to declare the UAM number on CPPP. The bidder who fails to submit
UAM number shall not be able to avail the benefits available to MSEs as contained in Public
Procurement policy for MSEs Order, 2012 issued by MSME.

6. Date & Time of Online Submission of Tender bids: On or before 1055 Hrs of 00.00.2019.
Note 5:- 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. On line Opening of Tender Bids: on 00.00.2019 @ 1130 hrs

8. Place of opening of Tender bids:

8.1. The e-tender shall be opened through ‘Central Public Procurement Portal’ (CPPP) Online by BSNL’s Tender
Opening Officers; the authorized representatives of bidders can also attend the Online Tender Opening Event
(TOE). Kindly refer clause 8 of Section-4 Part C of Tender document for further instructions.
.
8.2. The authorized representatives of bidders (i.e. Vendor organization) can attend the TOE in the above
mentioned address where BSNL’s Tender Opening Officers would be conducting the Online Tender
Opening Event TOE).
9. Tender bids received after due time & date will not be accepted.

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

11. PGM/GM Telecom, BSNL, _________SSA, 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. PGM/GM reserves the right to offer the contract to any other tenderer or any other agency in case of
unsatisfactory work. PGM has right to call the lowest tenderer and conduct negotiation if necessary.

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13 The bidder shall furnish a declaration in his tender bid that no addition / deletion / corrections have been made in
the downloaded tender document being submitted and it is identical to the tender document appearing on the e-
tender portal www.eprocure.gov.in.

13.1 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 -6: - 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 -7: All computer generated documents should be duly signed/attested by the issuing bidder / Vendor organization.

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SECTION-2

Tender Information
1. Type of tender: Single Stage bidding using Two Electronic Envelopes system.

Note 1:- The bidder shall submit Techno-commercial & Financial bid simultaneously.
Note 2:- 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: 180 (One Hundred Eighty) days from the tender opening date and
can be extended.

3. This Tender is invited under Single Stage bidding and two envelope system. The first envelope will be named
as techno-commercial & will contain documents of bidder’s satisfying the eligibility / Technical & commercial
conditions and 2nd envelope will be named as financial envelope containing financial quote. These envelopes
shall contain one set of the following documents: -

(a) Techno-commercial envelope shall contain :-

1) EMD
2) Cost of the tender documents i.e. tender fee.
3) Certificate(s) showing fulfillment of the eligibility criteria(s) stated in Clause 4 of the Detailed NIT.
4) Power of Attorney & authorization for executing the power of Attorney in accordance with Clause 14.3
of Section 4 Part A.(not required in case of Proprietary / partnership firm if the proprietor/partnership
himself signs the documents) and board resolution in favour of authorized signatory.
5) Copy of Articles and Memorandum of Association or Partnership deed or proprietorship deed as the
case may be.
6) Details of the firm along with List of Directors on the Board of the Company if applicable.
7) Attestation of the signature of the authorized signatory by the company bankers.
8) Copy of tender document & clarifications / amendments if any issued by BSNL to this tender, if any,
duly signed and stamped on each page by the authorized signatory as a mark of acceptance of all
conditions contained herein.
9) Profile of the tenderer (optional).
10) Indemnity bond declaration as per Annexure-6.
11) Letter of authorization for attending bid opening event as per Section -7 Part (C).
12) Credentials regarding experience in carrying out similar services to other PSU other telecom service
providers —Experience certificate as per eligibility criteria section -1 clause 4.2
13) Declaration in case of Partnership Firm Proprietor of Firm / Company as per Annexure-1.
14) Declaration for not having done any additions / deletions / modifications to terms of the tender
document as per Annexure-4.
15) MANDATE FORM as per Annexure 9
16) Certificate of incorporation / Registration
17) Declaration with respect to no dues to be paid to law enforcement authorities like ESI / EPF etc. as
per ANNEXURE-10.
18) Checklist of the documents submitted as per Annexure-12.
19) Copy of Registration Certificate under Contract Labour (Regulation and Abolition) Act 1970.

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20) Copy of PAN Card and copy of Goods and Services Tax registration.
21) Copy of IT returns for previous two years (2018-19 & 2017-18)
22) Clause by Clause compliance as per Clause 11.2 of Section-4 Part A.
23) Bidder’s Profile & Questionnaire duly filled & signed as per Section-8
24) No Near-Relationship Certificate duly filled & signed as per Section-6 Part B
25) Undertaking & declaration duly filled & signed as per Section-6 Part A
26) Documents stated in Clause 10 of Section-4 Part A.
27) Tender document duly signed at the end of each section for having read it & accepted it (only in case
of Manual bidding Process).
28) Tender / Bid form-Section 9 Part A.
In case the representative of the bidder company, who uploads the documents on e-tender portal
using his Digital Signature Certificate (DSC), 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 made as one of the Power of Attorney holder by the
bidder Company, in addition to the authorized signatory for the bid.

(b) Financial envelope shall contain:

1) Electronic form – financial along with Price Schedule (Section-9 Part–B) with all relevant bid annexure.
Basic unit and all other components of the price should be individually indicated up to 2 decimal points
only in accordance with clause 9.1 of section 4 part a of bid document.

Note3: In case of e-tendering, the following documents are required to be submitted offline (i.e. offline submissions)
to …………., SSA 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)
. 1. EMD-Bid Security (original copy).
2. DD / Bankers cheque for Tender fee
3. Power of attorney in accordance with Clause 14.3 of Section-4 Part A and authorization for executing the
Power of Authority.
4. In case of MSME bidders, Valid MSME certificate to be submitted. Declaration of UAM Number (Udyog
Aadhar Memorandum Number) by MSE bidders on CPPP (Centre Public Procurement Portal).

Note: The Bidder has to submit the Scanned copy of all above mentioned original documents during Bid- Submission.

4. Any delay in receipt of OFF Line documents by any means (By Post / By Courier will not be accepted beyond the
date and time in the Tender document and will be summarily rejected

5 This tender is invited under Single Stage Two envelope system, two separate sealed envelopes to be submitted
one containing techno-commercial bid i.e. documents 3(a) (1) to (28) & other envelope containing financial bid i.e.
documents 3(b) (1). (Not Applicable as it is an e-tender)

6. Payment terms:

6.1 The bidder should submit the invoice to the officer in-charge of the cluster on receipt of performa Invoice
generated from BSNL IT System. The Tax Invoices are to be submitted by bidder in triplicate.
6.2 The charges for provision of new Landline shall be based on the number of new landline provision during
the month. Maintenance charges for the new connections shall be payable from the new calendar month

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after 90 days of date of installation (for connections provided in January’2019 month will be counted from
1-5-2019 for maintenance calculation).
6.3 For the purpose of invoice preparation, Number of working connections in a cluster shall be calculated
taking the average of working connections on the first and last day of the month.
6.4 Two performa Invoices will be generated i.e. IV-1: Invoice Performa for Maintenance Charges and IV-2 :
Invoice Performa for Provisioning Charges
6.5 90% of the payment of the monthly invoices shall be paid on submission of Invoices by the bidder and
Balance 10% after 30 days from the payment of 90% of Invoice.
6.6 Tax Invoices payment through Electronic Clearance Scheme (ECS) only. The contractor should
submit the mandate form for this purpose along with the Agreement while entering into the Contract.
6.7 The security deposit with the BSNL be considered for adjustment against penalties, any other statutory
levies and any loss to BSNL properties, if any reported, at the time of final conclusion of the contract and
final settlement of account.

Note: - All statutory taxes and levies as applicable shall be deducted at source before payment.
List of Documents to be submitted along with the monthly invoice are as shown below.
1) Online generated combined Paid challans of ESI/EPF for the previous month which are duly tallied with
payments made in the previous month, if applicable..
2) Annual / Half Yearly returns of EPF / ESI if applicable.
3) GST payment details of previous month.
7.0 Penalty :
a) Penalties will be levied on monthly KPIs
KPI SLA Penalty
Fault Clearance 95% in 0.2% of invoice value for each 1% of slippage.
24 hrs.
MTTR 12 Hrs. 0.3% of invoice value for each hour of slippage ( rounded off)
MTTR 8 Hrs. 0.5% of invoice value for each hour of slippage ( rounded off)
MTTR 4 Hrs. 1.0 % of invoice value for each hour of slippage ( rounded off)
MTTR 3 Hrs. 1.33% of invoice value for each hour of slippage ( rounded off)
Repeat fault 10% 0.5% of invoice value for each 1% of slippage (pro-rata basis).
New connection provisioning LL or BB 3 days Rs.25/- per day delay (max.Rs.100/-for each connection) for
each connection.
Provisioning BB on existing LL 2 days Rs.25/- per day delay (max.Rs.100/-for each connection) for
each connection.
Provisioning of new ISDN PRI/SIP Trunk/ 3 days Rs.50/- per day delay (max.Rs.200/-for each connection) for
Leased Circuits or any other services on each connection.
customer Access NW

b) The contract will be terminated with PBG forfeiture for consecutive 3 months non-performance on failure to meet all

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the SLAs i.e. MTTR, Provisioning, fault clearance and repeat faults parameters. Notice to be served for non-
performance in 1st month, 2nd month and 3rd month before final termination.
c) In case partial SLAs are met then also it is liable for termination. However, EOI/Tender accepting authority reserves
the right to grant any relief in action for termination considering the circumstances/nature on the appeal made by
the bidder if one or more parameter are met.
d) Total penalties for network maintenance shall be capped at 15% of invoice value of maintenance work. However
penalty for delay in new provisioning will be levied as per actual and shall be in addition to penalties for network
maintenance.

8.0 PAYING AUTHORITY AO (CASH),

…………. SSA

9.0 Validity of the tender:

Normally contract will be awarded for two year. However extension for one year or part thereof will be
considered keeping in view the various factors such as exigency of service, satisfactory performance of the
firm with the same terms and conditions of the tender.

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SECTION- 3
SCOPE OF WORK

1) Maintenance of Customer Access Network includes

a) Attending all types of faults in Customer Access Network such as drop-wire break and drop cable
breakdown, overhead cable break, foreign voltage faults, cleaning the joints in overhead lines and
changing the wires, cables, DP Tag blocks faults etc.
b) Attendingalltypesofcablefaultsfrom5pair cable to higher size such as Underground cable break,
foreign voltage, earth fault set, faults at pillar and end to end testing.
c) Testing/ Jumpering at the MDF for fault repair, pair change, new LL/BB connections.
d) Clearing of fault dockets in the system after clearing of the faults.
e) Attending the Broadband fault at the customer premises including configuration of CPE related
issues.
f) Attending ISDN PRI/Leased Circuits/SIP Trunk copper cable faults and all other services running
on Customer Access Network
2) Provision of new Landline connections to the customers.
3) Provision of New Broadband connections on existing Landline
4) Provision of New Broadband connections with new Landline
5) Shifting of landline and broadband connection.
6) Provisioning of New ISDN PRI/Leased Circuits/SIP Trunk on copper media
7) All stores shall be supplied and installed by bidder at own cost except 50 pair and above UG cables.
This cost will be borne by bidder and BSNL will not make any payment for these stores items.
8) All stores related to the Maintenance of telecom external plant from the last pillar/cabinet to the customer
terminal viz. Drop-wire. 5 pair cable, 10 pair cable, 20 pair cable, jointing kits and its Accessories,
Jumper wires, DP Tag blocks and other subscriber end line materials be supplied by the bidder.
9) Storing Packing and transportation of materials shall be done by the bidder.
10) Packing and freight charges if any for taking out and return of BSNL provided items like 50 Pair cable
etc. shall be borne by the bidder and are to be returned with proper receipt.
11) For any stores issued by BSNL bidder has to submit utilization certificate to concerned BSNL officer.
12) The clusters are formed in such a way that min. 3000 working lines (urban area only) are in one
cluster, however for bigger cities the cluster size can go upto 10k working lines. For metro cities
the cluster size may be 10k to 20k working lines. The clusters are formed considering contiguous
geographical area covering the complete exchange location in such a way that no exchange are
part of two clusters.
13) Material used/provided by the outsourced agency for maintenance and provisioning shall
become the property of BSNL.
14) In case of special shifting of Underground cable and pillars due to exchange shifting/ rearrangement of
existing cables/ road widening works or other civil works carried out by Govt. agencies, it should be
carried out by the bidder after taking approval of expenditure from BSNL authority. Any approval
required from the local authorities shall be obtained by the bidder himself. This expenditure will be borne
by the BSNL including all type of materials cost and other charges.

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Working connection of the exchanges/clusters as on dated 01.01.2020

Sr. SSA Cluster Name Name of No. of Landline No. of Landline No. of ISDN PRI/Leased
No. name Exchanges without Broadband with Broadband circuits/SIP Trunk on copper
1 SSA1

Cluster1 total
2

Cluster2 total
SSA1 TOTAL
1 SSA2

Cluster1 total
2

Cluster2 total
SSA2 TOTAL
1 SSA3

Cluster1 total
2

Cluster2 total
SSA3 TOTAL

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Special condition of Contract :

Each bidder can participate for any number of clusters but the contract to one bidder shall not exceed 70% of total
working lines of SSA to ensure minimum two bidder in the SSA. The choice of clusters will rest with successful bidder.

Key Performance Indicator (KPI): SLA is defined as under:

1. Repeat fault- Fault booked for a connection, more than once in a calendar month will be counted as repeat
fault. The % of numbers out of total numbers in the fault list appearing as repeat fault shall not exceed 12% in
first three months & 10% in onward months.

2. Mean Time to Repair the Fault (MTTR)should be as under:

FMC in Rs. 0-300 301-600 601-800 and 800+ ISDN PRI/SIP Trunk/
Leased circuit
MTTR in Hrs 12 Hrs 8 Hrs 4 Hrs 3 Hrs

3. % Fault Clearance in 24 hours: More than 95%of the faults booked shall be cleared within 24hrs.
4. Provisioning of New LL or New BB : All booked connections shall be provided within 3 days of receiving OB for
execution. However bidder shall attempt 75% provisioning within 2 days.
5. Provisioning of new BB on existing LL :All booked connection shall be provided within 2 days of receiving OB
for execution.
6. Provisioning of new ISDN PRI/SIP Trunk/Leased Circuits: All booked connection shall be provided within 3
days of receiving OB for execution.
7. If Telephone/CPE arranged by customer resulting in delay then such delay will be excluded from the total time
taken for provisioning. However, maximum 7 days will be excluded.

8. In case of delay due to cable fault (between MDF & Pillar) to the extent that alternate pair could not be
arranged, such faults/provisioning will not form part of list considered for adherence of SLAs (MTTR for fault &
provisioning time for new LL/BB).

Incentive :

Monthly Incentive for high FMC working numbers ( having different MTTR ).

FMC - Rs. 301-600 : Rs.17 per customer of FMC Rs.301 to 600

FMC - Rs. 601-800: Rs.27 per customer of FMC Rs.601 to 800
FMC - Rs. 800+: Rs.35 per customer of FMC Rs.800+
PRI/SIP Trunk/Leased Circuits : Rs.70 per customer of PRI/SIP Trunk/Leased ckts

Plan up-gradation : 50% of difference of upgraded plan FMC with existing plan FMC (one time to be given as
incentive as per FMS entry). No further incentive will be given for the same LL/BB number.

SECTION-4 Part A

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GENERAL INSTRUCTIONS TO BIDDERS (GIB)

1.0 DEFINITIONS
(a) "The Hirer" means the Bharat Sanchar Nigam Ltd. (BSNL), Karnataka Telecom Circle, Concerned BA
SSA
(b) "The Bidder" means the individual or firm who participates in this tender and submits its bid.
(c) "The Supplier" or “The Vendor” means the individual or firm supplying the house keeping service
under the contract.
(d) "The Services" means providing maintenance services for external plant which the Supplier is required
to supply to the Hirer under the contract.
(e) "The Advance Work Order" or “Letter of Intent” means the intention of Hirer to place the Work Order
on the bidder.
(f) "The Work Order" means the order placed by the Hirer on the Supplier signed by the Hirer 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.
(g) "The Contract Price" means the price payable to the Supplier under the Work order for the full and
proper performance of its contractual obligations.
(h) "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 Telecom operators. "Telecom Service Provider" also refers to any Telecom
operator in other countries providing telecom services to general public of that country or to other
telecom operators of the same country.
(i) “Successful Bidder(s)” means the bidder(s) to whom work in this tender is awarded.
(j) “ Cluster” means the Group of exchanges/ cluster of contiguous exchanges.
(k) “SSA” means Secondary Switching Areas defined by BSNL ( generally revenue district).
(l) “ BA” means Business Area comprising ONE or more SSA’s

2.0 ELIGIBILITY CONDITIONS:

2.1 Kindly refer to Clause 4 of Section – 1 i.e. detailed NIT.

3.0 COST OF BIDDING

3.1 The bidder shall bear all costs associated with the preparation and submission of the bid. The Hirer will,
in no case, be responsible or liable for these costs, regardless of the conduct or outcome of the bidding
process.

4.0 DOCUMENTS REQUIRED

4.1 The Services 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 Conditions in the Bid Documents
and clarifications / amendments / addenda, if any. Failure to furnish all information required as per the
Bid Documents or submission of the bids not substantially responsive to the Bid Documents in every
respect will be at the bidder's risk and may result in rejection of the bid.
5 CLARIFICATION OF BID DOCUMENTS
5.1. A prospective bidder, requiring any clarification on the Bid Documents shall notify the Hirer in writing by
FAX or by Email of the Hirer as indicated in the invitation of Bid. The Hirer shall respond in writing to any

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request for the clarification of the Bid Documents, which it receives 14 days prior to the date of
opening of the Tenders. Copies of the query (without identifying the source) and clarifications by the
Hirer shall be sent to all the prospective bidders who have received the bid documents.
5.2 Any clarification issued by BSNL in response to query raised by prospective bidders shall form an
integral part of bid documents and shall amount to an amendment of the relevant Clauses of the bid
documents.

6 AMENDMENT OF BID DOCUMENTS

6.1 The Hirer may, for any reason, whether at its own initiative or in response to a clarification requested by
a prospective bidder, may modify bid documents by amendments prior to the date of submission of Bids
with due notification to prospective bidders.
6.2 The amendments shall be notified in writing by FAX or Email or by Addendum through e-tendering
portal (for tenders invited through e-tendering process) to all prospective bidders on the address
intimated at the time of purchase of the bid document from the Hirer and these amendments will be
binding on them.
6.3 In order to afford prospective bidders a reasonable time to take the amendment into account in
preparing their bids, the Hirer may, at its discretion, extend the deadline for the submission of bids
suitably.

7.0 DOCUMENTS COMPRISING THE BID

The bid prepared by the bidder shall ensure availability of the following components:
(a) Documentary evidence establishing that the bidder is eligible to bid and is qualified to perform
the contract if its bid is accepted in accordance with the Clause 2 & 10 of this Section.
(b) Bid Security furnished in accordance with Clause 12 of this Section.
(c) A Clause by Clause compliance as per Clause 11.2 (a) of this Section
(d) A Bid form and price schedule completed in accordance with Clause 8 & 9 of this Section.

8.0 BID FORM

8.1 The bidder shall complete the bid form and appropriate Price Schedule furnished in the Bid Documents,
indicating the Service to be supplied, brief description of the Services, quantity and prices as per Section-
9 of this Section.

9.0 BID PRICES

9.1 Base price per unit excluding GST is fixed as Rs 35/- ( Rs thirty five only) as per the Price schedule given
in Section 9 Part B (I&II). Bidders are requested to quote in terms of financial schedule in terms of
above or below % quote. The offer shall be firm in Indian Rupees. No Foreign exchange will be made
available by the Hirer.
9.2 Prices indicated in the Price Schedule shall be entered in the following manner:
The supplier shall quote as per price schedule given in Section-9 Part B for all the items given in
schedule of requirement at Section-3.
9.3 A bid submitted with an adjustable price quotation will be treated as non-responsive and rejected.
10.0 DOCUMENTS ESTABLISHING BIDDER'S ELIGIBILITY AND QUALIFICATION

10.1. The bidder shall furnish, as part of the bid documents establishing the bidder's eligibility, the following

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

a) Valid MSE Certificate, if applicable. In case the ownership of such MSE Entrepreneurs happens to be
from SC / ST category, proof in this regard also need to be submitted.
b) The bidder must have a valid ESI and EPF registration Certificates.

c) The bidder must have minimum of two years experience for providing external plant maintenance
services to BSNL or any other organizations. The Tenderer’s credentials regarding experience in
carrying out similar contracts to Government/Semi Govt / PSU or other reputed corporate
establishments should accompany the Tender.
d) Additional documents to establish the eligibility and qualification of bidder as specified in Section-1
and Section-4 Part B.
e) Power of Attorney as per Clause 14.3 (a) and (d) of this Section and authorization for executing the
power of Attorney as per Clause 14.3 (b) or (c) of this Section.
f) Documentary proof of GST registration.
g) Certificates from all Directors of the bidder stating that none of their near relatives are working in
BSNL in accordance with Clause 33 of this Section.
h) Certificate of incorporation / Registration
i) Article or Memorandum of Association or partnership deed or proprietorship deed as the case may
be. List of all Directors including their name(s), Director Identification Number(s) (DIN) and address
(es) along with contact telephone numbers of office and residence.
j) Registration certificate from State Director of Industries or from Secretariat for Industrial Assistance
(SIA), Ministry of Industries, Government of India.
k) Approval from Reserve Bank of India / SIA in case of foreign collaboration.

Note: Documents at S. No 10.1 (h), (j), (k) are applicable in case of tenders with estimated cost more
than Rs 1 Crore. (If Applicable)

10 .2 Documentary evidence for financial and technical capability (If Applicable)

a) The bidder shall furnish audited Annual Report for last two financial years & IT Returns (i.e2017-18
and 2018-19) and /or a certificate from its bankers to assess its solvency/financial capability.

b) The bidder shall furnish documentary evidence about Job capability necessary to perform the
contract.

11.0 DOCUMENTS ESTABLISHING SERVICES’ CONFORMITY TO BID DOCUMENTS

11.1 Pursuant to Clause 7 of this Section, the bidder shall furnish, as part of its bid, documents establishing
the conformity of its bid to the Bid Documents of all services which he proposes to supply under the
contract.

11.2 The documentary evidences of the “services" conformity to the Bid Documents may be, in the form of
literature, drawings, data etc. and the bidder shall furnish:
A Clause-by-Clause compliance on the Hirer’s Job Specifications and Commercial Conditions
demonstrating substantial responsiveness to the Job Specifications and Commercial Conditions. In case of
deviations, a statement of the deviations and exception to the provision of the Job Specifications and
Commercial Conditions shall be given by the bidder. A bid without Clause-by-Clause compliance of the
Scope of Work, Section 3, General (Commercial) Conditions & Special (Commercial) Conditions, General
Conditions (Section-5 Part A, B ) shall not be considered.

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12.0 BID SECURITY / EMD

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

12.2 The MSE bidders are exempted from payment of bid security:
a) A proof regarding valid registration with body specified by Ministry of Micro, Small & Medium
Enterprise for the tendered items will have to be attached along with the bid.
b) The enlistment certificate issued by MSME should be valid on the date of opening of tender.
c) 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.
d) The MSE bidder’s are requested to declare the UAM number on CPPP. The bidders who fail to submit
UAM number shall not be able to avail the benefits available to MSEs as contained in Public
Procurement policy for MSEs Order, 2012 issued by MSME.

12.3 The bid security is required to protect the Hirer against the risk of bidder's conduct, which would warrant
the forfeiture of bid security pursuant to Clause 12.7 of this Section.

12.4. A bid not secured in accordance with Clause 12.1 & 12.2 of this Section shall be rejected by the Hirer
being non-responsive at the bid opening stage and archived unopened on e-tender portal for e-tenders
and returned to the bidder unopened(for manual bidding process)

12.5 The bid security of the unsuccessful bidder will be discharged / returned as promptly as possible and
within 30 days of finalization of the tender or expiry of the period of the bid validity period prescribed by
the Hirer pursuant to Clause 13 of this Section.

12.6 The successful bidder's bid security will be discharged upon the bidder's acceptance of the advance work
order satisfactorily in accordance with Clause 27 of this Section and furnishing the performance
security, except in case of L-1 bidder, whose EMBG / EMD shall be released only after the finalization of
ordering of complete tendered quantity in pursuance to Clause no. 24.4 & 27.3 of this Section.

12.7 The bid security may be forfeited:

a) If the bidder withdraws or amends its bid or impairs or derogates from the bid in any respect during
the period of bid validity specified by the bidder in the bid form or extended subsequently; or
b) If the bidder does not accept the AWO and / or does not submit PBG & sign the contract / agreement
in accordance with Clause 28.

13.0 PERIOD OF VALIDITY OF BIDS

13 .1 Bid shall remain valid for period specified in Clause 2 of Section-2 Tender Information. A bid valid for a
shorter period shall be rejected by the Hirer being non-responsive.

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13.2 In exceptional circumstances, the Hirer 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 of this Section shall also be suitably extended. The bidder may refuse the
request without forfeiting its bid security. A bidder accepting the request and granting extension will not
be permitted to modify its bid.

14.0 FORMAT AND SIGNING OF BID

14.1. The bidder shall submit his bid, online (in case of e-tendering) & through sealed envelopes physically (in
case of tenders with manual bidding process), complying all eligibility conditions, other terms and
conditions of tender document to be read along with the clarifications and amendments issued in this
respect. All the documents must be authenticated, using Digital Signature (in case of e-tendering) & by
hand signatures (for manual bidding process), by the authorized person. The letter of authorization shall
be indicated by written power-of-attorney accompanying the bid.

14.2. The bid shall contain no interlineations, erasures or overwriting except as necessary to correct errors
made by the bidder in which case such corrections shall be signed by the person or persons signing the
bid. All pages of the original bid, except for un-amended printed literatures, shall be digitally signed by
the person or persons signing the bid.

14.3 Power of Attorney

(a) The power of Attorney should be submitted and executed on the non-judicial stamp paper of
appropriate value as prevailing in the concerned states(s) and the same be attested by a Notary
public or registered before Sub-registrar of the state(s) concerned.
(b) The power of Attorney be executed by a person who has been authorized by the Board of Directors
of the bidder in this regard, on behalf of the Company/institution/Body corporate.
(c) In case of the bidder being a firm, the said Power of Attorney should be executed by all the
partner(s) in favour of the said Attorney.
(d) Attestation of the specimen signatures of authorized signatory by the Company’s/firm’s bankers
shall be furnished. Name, designation, Phone number, mobile number, email address and postal
address of the authorized signatory shall be provided.

Note 6: In case the representative of the bidder company, who uploads the documents on e-tender
portal using his Digital Signature Certificate (DSC), 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 made as one of the Power of Attorney holder by the bidder Company, in addition to the
authorized signatory for the bid

15.0 SEALING AND MARKING OF BIDS (Note: Not applicable in case of e-tendering)
15.1 The bid should be submitted as per Clause 3 of Section-2 i.e., Tender Information.

15.1.1 The bids may be called under

a) Single stage bidding & Single envelope system OR
b) Single Stage Bidding & Two Envelope System
The details of sealing & marking of bids in each case is given below:

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15.1.2 In Single stage bidding & single envelope system, the bidder shall submit all the documents specified
for Techno-commercial bid & Financial bid in a single envelope. The cover shall contain the
‘Original Copy’ of the bids subject to Clause 14.2 of this Section. The envelope should be sealed
by the personal seal of the bidder.
15.1.3 In Single stage bidding & two envelopes system, the bidder shall submit his bid in two envelopes;
The First envelope will be named as Techno-commercial bid. This envelope will contain documents
of bidder’s satisfying the eligibility / Technical & commercial conditions as per Clause 2 & 10 of this
Section with Bid Security as per Clause 12 of this Section. Second envelope will be named as
Financial bid containing Price Schedules as per Section 9 Part B.
The cover of first envelope shall contain the ‘Original Copy’ of the Techno-commercial bid,
subject to Clause 14.2 of this Section, duly marked ' TECHNO-COMMERCIAL BID '. The cover
of second envelope shall contain the ‘Original Copy’ of the financial bid, subject to Clause 14.2
of this Section, duly marked ' FINANCIAL BID '.
Both the envelopes should be sealed separately and further kept in a single main envelope under
the personal seal of the bidder.

15.2 The envelopes shall be addressed to the Hirer inviting the tender. Hirer’s address for this Tender is
furnished below:
Asst. General Manager (____)
______________________ SSA

a) The envelope shall bear the name of the tender, the tender number and the words 'DO NOT
OPEN BEFORE' (due date & time).
b) The inner and outer envelopes shall indicate the name and complete postal address of the bidder
to enable the Hirer to return the bid unopened in case it is declared to be received late'.
c) Tender should be deposited in the tender box provided by tendering authority or sent by registered
post or delivered in person on above mentioned address (address is given in Clause 15.2 (a)
above of this Section). The responsibility for ensuring that the tenders are delivered in time would
vest with the bidder.

d) Bids delivered in person on the day of tender opening shall be delivered up to specified time &
date as stated in NIT to Section Officer (MMT) [in case of tenders invited by MMT Section of BSNL
C.O. / concerned officer to be specified by tendering authority [In case of tenders invited from
other units of BSNL CO / Circles / SSA of BSNL] at the venue (address is given in Clause 15.2 (a)
of this Section above). The Hirer shall not be responsible if the bids are delivered elsewhere.

e) Venue of Tender Opening:

i) This tender will be opened in Assistant General Manager _____ SSA at specified time &
date as stated in NIT.
ii) If due to administrative reasons, the venue of Bid opening is changed, it will be displayed
prominently on Assistant General Manager _______ SSA

15.3 If both the envelopes are not sealed and marked as required at Clause 15.1 and 15.2, the bid shall be
rejected.

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16.0 SUBMISSION OF BIDS

16.1 Bids must be submitted by the bidders on or before the specified date & time indicated in Clause 6 of
Section-1.

16.2 The Hirer may, at its discretion, extend this deadline for the submission of bids by amending the Bid
Documents in accordance with Clause 6 of this Section in which case all rights and obligations of the Hirer
and bidders previously subject to the deadline will thereafter be subjected to the extended deadline.

16.3 The bidder shall submit its bid offer against a set of bid documents purchased by him for all or some of
the systems / equipment as per requirement of the Bid Documents. He may include alternate offer, if
permissible as per the bid. However, not more than one independent and complete offer shall be permitted
from the bidder.

17.0 LATE BIDS

17.1 No bid shall be accepted either online by E-Tender Portal or physically in case of manual bidding
process after the specified deadline for submission of bids prescribed by the Hirer.

18.0 MODIFICATION AND WITHDRAWAL OF BIDS

18 .1 The bidder may modify, revise or withdraw his bid after submission prior to deadline prescribed for
submission of bid.
18.2 The bidder’s modification, revision or withdrawal shall have to be online and digitally authenticated (in
case of e-tendering) & physically (in case of manual bidding process) as per Clause 15 of this Section.

18.3 Subject to Clause 20 of this Section, no bid shall be modified subsequent to the deadline for submission
of bids.

19.0 OPENING OF BIDS BY HIRER

19.1 The Hirer shall open bids online (in case of e-Tenders) or physically (in case of manual bidding process)
in the presence of the authorized representatives of bidders online (in case of e-Tenders) or physically
present (in case of e-Tenders as well as manual bidding process) who chose to attend, at time & date
specified in Clause 7 of D NIT (Section-1) on due date.
The bidder's representatives, who are present, shall sign in an attendance register. Authority
letter to this effect shall be submitted by the authorized representatives of bidders before they
are allowed to participate in bid opening (A Format is given in enclosed in Section-7 Part C).
19.2 A maximum of two representatives of any bidder shall be authorized and permitted to attend the
bid opening.

19.3 Name of envelopes to be opened & information to be read out by Bid Opening Committee
(i) In Single stage bidding & single envelope system; techno-commercial bid & financial Bid will be
opened on the date of tender opening given in NIT.
(ii) In Single stage bidding & two envelopes system; the bids will be opened in 2 stages i.e. the techno-
commercial bid shall be opened on the date of tender opening given in NIT. The financial bid will not
be opened on the Date of opening of techno commercial bids in this case & sealed financial bids will
be handed over to AGM ___________ SSA (as applicable) for retention.
Thereafter the CET will evaluate Techno-commercial bids & the report of CET will be approved by
competent authority.

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The financial bid of those bidders, who are approved by the competent authority as techno-
commercially compliant will be opened by TOC in front of techno commercially eligible bidders/
authorized representatives by sending them a suitable notice.
(iii) The following information should be read out at the time of Techno-commercial bid opening:-
a) Name of the Bidder
b) Name of the item
c) EMD amount & validity and acceptability
d) Information in respect of eligibility of the bidder.
e) Details of bid modification/ withdrawal, if applicable.
(iv) The following information should be read out at the time of Financial bid opening:-
a) Name of the Bidder
b) Name of the item
c) Quantities / prices quoted in the bid
d) Discount, if offered
e) Taxes & levies

19.4 The date fixed for opening of bids, if subsequently declared as holiday by the BSNL, the revised date of
schedule will be notified. However, in absence of such notification, the bids will be opened on next
working day, time and venue remaining unaltered.

20.0 CLARIFICATION OF BIDS

20.1 To assist in the examination, evaluation and comparison of bids, the Hirer may, at its discretion ask the
bidder for the clarification of its bid. The request for the clarification and the response shall be in writing.
However, no post bid clarification at the initiative of the bidder shall be entertained.

20.2 If any of the documents, required to be submitted along with the technical bid is found wanting, the offer is
liable to be rejected at that stage. However the Hirer at its discretion may call for any clarification regarding
the bid document within a stipulated time period. In case of non compliance to such queries, the bid will be
out rightly rejected without entertaining further correspondence in this regard.

21.0 PRELIMINARY EVALUATION

21.1 Hirer shall evaluate the bids to determine whether they are complete, whether any computational errors
have been made, whether required sureties have been furnished, whether the documents have been
properly signed and whether the bids are generally in order.

21.2 Arithmetical errors shall be rectified on the following basis. Based on the quoted percentage of duties
and taxes, the amounts quoted thereof shall be worked out and rounded off to 2 decimal points. The
profit margin quoted in column 3

21.3 If there is a discrepancy between words and figures, the amount in words shall prevail. If the supplier
does not accept the correction of the errors, its bid shall be rejected.

21.4 Prior to the detailed evaluation pursuant to Clause 22 of this Section, the Hirer 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 Hirer's determination of bid's responsiveness shall be based on the

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contents of the bid itself without recourse to extrinsic evidence.

21.5 A bid, determined as substantially non-responsive will be rejected by the Hirer and shall not subsequent
to the bid opening be made responsive by the bidder by correction of the non-conformity.

21.6 The Hirer 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.

22.0 EVALUATION AND COMPARISON OF SUBSTANTIALLY RESPONSIVE BIDS

22.1 During the time of Technical evaluation of the bid BSNL reserves right to ask any clarification from the bidder for
completion of technical evaluation.
22.2 The Hirer shall evaluate in detail and compare the bids previously determined to be substantially
responsive pursuant to Clause 21 of this Section.
22.3 Evaluation will be done cluster wise based on the lowest ( L1) price for each cluster as per
Part (a) variable charges (Over or Below fixed base price per unit) as in Section 9, Part B of
financial bid schedule.

23.0 CONTACTING THE HIRER

23.1 Subject to Clause 20 of this Section, no bidder shall try to influence the Hirer on any matter relating to its
bid, from the time of the bid opening till the time the contract is awarded.
23.2 Any effort by a bidder to modify its bid or influence the Hirer in the Hirer's bid evaluation, bid comparison
or contract award decision shall result in the rejection of the bid.

24.0 PLACEMENT OF ORDER

24.1 The Hirer shall consider placement of orders on those eligible bidders whose offers have been found
technically, commercially and financially acceptable and whose Services have been approved /
validated by the Hirer. The Hirer reserves the right to counter offer price(s) against price(s) quoted by
any bidder.

24.2 The bidder can participate for any number of clusters but the contract to one bidder shall not exceed
70% of total working lines of SSA to ensure minimum two bidders in the SSA. The choice of clusters
will rest with successful bidder. However to ensure two bidders in SSA the final award of clusters will be
rest with competent authority.

25.0 HIRER'S RIGHT TO VARY QUANTITIES:

25.1 The PGM /GM SSA reserves the right to offer the contract to any other tenderer or any other agency in
case of unsatisfactory work.The contractor should carry out the work to the satisfaction of BSNL officer in
charge and in the event of his failure the contract work will be got done from some other agency at the
cost of the contractor and payment will be settled on prorate Basis.
25.2 The decision of PGM SSA on any matter connected to this tender is final binding and his decision shall
not be questioned in any court of law.
26.0 HIRER'S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS

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26.1 The Hirer 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 Hirer’s action.
26.2 The right to accept any tender rests with SSA head BSNL which does not bind himself to accept the lowest tender.
PGM/GM reserves the right to reject any or the entire tender without assigning any reasons there off.

27.0 ISSUE OF ADVANCE WORK ORDER

27.1. The issue of an Advance Work Order shall constitute the intention of the Hirer to enter into contract with
the bidder.

27.2. The bidder shall within 14 days of issue of the advance work order, give its acceptance along with
performance security in conformity with the proforma provided with the bid document at Section-7 Part B.

27.3. L1 bidder may be issued Advanced Work Order (AWO). In case L1 bidder fails to execute the
agreement within stipulated time, the EMD will be forfeited. It may further warrant imposition of liquidated
damages and / or terminating contract.

27.4 Advance work order is subject to verification of eligibility criteria documents as mentioned in clause 4.1
of Section-1 (submitted in the tender) with their originals.

27.5 Successful bidders to whom the AWO has been issued is required to show the originals to the AWO
Issuing Authority or an Officer / committee nominated by him for this purpose within the stipulated time
period for submission of PBG.

27.6 In case any eligibility criteria document mentioned in clause 4.1 above is submitted by the bidder as a
part of its bid, happens to be issued by BSNL, then AWO/WO issuing authority or an officer / committee
nominated by him for this purpose will verify the same from the BSNL UNIT who has issued the said
document by making correspondence with the respective unit within the stipulated time period for
submission of PBG.

27.7 WO will be placed on the vendor only on successful verification of above documents apart from fulfilment
of other AWO conditions.
.
28.0 SIGNING OF CONTRACT

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

28.2 Upon the successful bidder furnishing performance security pursuant to Clause 27 of this Section, the
Hirer shall discharge the bid security in pursuant to Clause 12 of this Section, except in case of L-1
bidder, whose EMBG / EMD shall be released only after finalization of ordering of complete tendered
quantity in pursuance to Clause nos. 24.4 & 27.3 of this Section.

29.0 ANNULMENT OF AWARD

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Failure of the successful bidder to comply with the requirement of Clauses 27 & 28 of this Section shall
constitute sufficient ground for the annulment of the award and the forfeiture of the bid security in which event
the Hirer may make the award to any other bidder at the discretion of the Hirer.

30.0 REJECTION OF BIDS

30.1 While all the conditions specified in the Bid documents are critical and are to be complied, special
attention of bidder is invited to the following Clauses of the bid documents. Non-compliance of any one of
these shall result in outright rejection of the bid.
a) Clauses 12.1, 12.2 & 13.1 of this Section: The bids will be rejected at opening stage if Bid security is
not submitted as per Clauses 12.1 & 12.2 of this Section and bid validity is less than the period
prescribed in Clause 13.1 of this Section mentioned above.
b) Clause 2 & 10 of this Section: If the eligibility condition as per Clause 2 of this Section is not met and /
or documents prescribed to establish the eligibility as per Clause 10 of this Section are not enclosed,
the bids will be rejected without further evaluation.
c) Clause 11.2 (a) of this Section: If Clause-by-Clause compliance as well as deviation statements as
prescribed are not given, the bid will be rejected at the stage of primary evaluation.
d) While giving compliance to Section-5 Part A, General Commercial conditions, Section-4 Part B,
Special Instructions to Bidders, Section-5 Part B Special (Commercial) Conditions of Contract and
Section-3 Technical Specifications ambiguous words like "Noted", "Understood", “Noted &
Understood" shall not be accepted as complied. Mere "Complied" will also be not sufficient, reference
to the enclosed documents showing compliances must be given.
e) Section-9 Price Schedule: Prices are not filled in as prescribed in price schedule.
30.2 Before outright rejection of the Bid by Bid-opening team for non-compliance of any of the provisions
mentioned in Clause 30.1(a), 30.1(b) of this Section, the bidder company is given opportunity to explain
their position, however if the person representing the company is not satisfied with the decision of the Bid
opening team, he/they can submit the representation to the Bid opening team immediately but in no case
after closing of the tender process with full justification quoting specifically the violation of tender condition
if any.
30.3 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.
30.4 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 W.O against the instant tender.
30.5 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.
31.0 NEAR-RELATIONSHIP CERTIFICATE
31.1. The bidder should give a certificate that none of his / her near relative, as defined below, is working in the

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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.
31.2. The Company or firm or the person will also be debarred for further participation in the concerned unit.
31.3 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).
31.4. The format of the certificate is given in Section-6 Part B.

32.0 VERIFICATION OF DOCUMENTS AND CERTIFICATES

The bidder will ensure that all the documents and certificates, including experience/ performance and self
certificates submitted by him are correct and genuine before enclosing them in the bid. The onus of proving
genuineness of the submitted documents would rest with the bidder.

If any document / paper / certificate submitted by the participant bidder is found / discovered to be false /
fabricated / tempered / manipulated either during bid evaluation or during award of contract or thereafter, then
the Hirer 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-4 Part A. This opened bid
part which is already signed by the authorized representative of the bidder company during bid submission will
be signed by the tender opening committee on hard copy and preserve it along with the bids received online in
case of e-tendering. These papers will be treated as authentic one, in case of any dispute.

33.0 Security Clause as per latest guidelines and requirement

Mandatory Licensing requirements with regards to security related concerns issued by the Government of India
from time-to-time shall be strictly followed and appropriate Clauses shall be added in all bid documents.
Necessary guidelines in this regard shall be issued separately.

34.0 Reservation / Procurement from MSE units: The guidelines / instructions / laws issued vide D.O. no 21(1) -
2011-M.A..April 25th, 2012 from Ministry of Micro, Small & Medium Enterprise (MSME) with respect to
provisions for Micro & Small Enterprises (MSEs) shall be followed.

SECTION-4 Part B
SPECIAL INSTRUCTIONS TO BIDDERS

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The Special Instructions to Bidders shall supplement the 'Instructions to Bidders' and in case of any conflict with those
in Section-4 Part A i.e. GENERAL INSTRUCTIONS TO BIDDERS (GIB), the provisions herein shall prevail.

1. Eligibility Conditions: As per eligibility criteria of bidder given in clause 4 of section 1 of detailed NIT
(page no 4 ).
2. Bid Security: The bidder shall furnish a bid security of amount as specified in the detailed NIT table of
Section-1 (page no 3) and in accordance with Clause 5.
3. Bank guarantee : The Bank Guarantee / DD for bid security or Micro & Small Enterprise (MSE) registration
certificate for claiming exemption from submission of bid security, as prescribed in Clauses 12.1 & 12.2 of
Section-4 Part A of the bid document, cost of Bid Document in the form of DD, as prescribed in Clause 2 of
Section-1, Power of Attorney in accordance with Clause 14.3 of Section 4 Part A should be submitted by the
bidder in a separate cover before 11.30 Hrs. of the day of E-bid Opening. The bidder has to also upload
scanned copies of the above stated original documents during Online Bid submission. The Bank
Guarantee/DD so submitted shall be as per the format given in Section-7 Part A on prescribed judicial paper
with stamps of proper value and should contain full address of the issuing branch of the bank with its
telephone number and FAX number. This cover should be super scribed as “BID SECURITY AND
ELIGIBLE DOCUMENTS FOR TENDER No ______________/ MAINTENANCE SERVICES FOR
EXTERNAL PLANT SERVICEISSUED ON ……………..” AND THE WORDS “DO NOT OPEN BEFORE
DUE DATE AND TIME”.

In case where the documents are not submitted in the Manner prescribed under Clause 2 above, the
bid shall be rejected.

4. Distribution of Quantity :

The bidder can participate for any number of clusters but the contract to one bidder shall not exceed 70% of
total working lines of SSA to ensure minimum two bidders in the SSA. In case of MSME , work allotment will be
given to MSME bidder as per the MSME prevailing and amended act .
However, the Hirer reserves the right for the placement of order of entire tendered quantity on the bidder with
the lowest evaluated price.

5. Hirer reserves the right to disqualify such bidders who have a record of not meeting contractual obligations against
earlier contracts entered into with the Hirer.
6. Hirer reserves the right to black list a bidder for a suitable period in case he fails to honor his bid without sufficient
grounds.
7. Any clarification issued by the BSNL in response to query raised by prospective bidder shall form an integral
part of bid documents and it may amount to an amendment of relevant Clauses of bid documents.
8. Tender is valid for two-year from the date of signing the agreement. The Principal General Manager Telecom
BSNL, _________ SSA reserves the right to extend the validity of the agreement up to one year or part thereof at
his discretion under the same terms & conditions.
9. The _________ SSA reserves the right to reject any or all the tenders received without assigning any reason.

10. The PGM/GM _________ SSA reserves the right to award the tender to more than one firm at his discretion.
Failure to accept the work order by any firm shall result in the forfeiture of the EMD.

11. The successful tenderer / contractor shall;

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11.1 Be liable to pay suitable compensation to his employee/s, in the event of any mishap, injury, accident or
death. BSNL shall not be responsible for any mishap, injury, accident or death of the contractor’s staff directly or
indirectly.
11.2 Immediately at the time of employment of an employee, inform the employee of his rights to
compensation under this Act, in writing as well as through electronic means, in English or Hindi or in the
official language of the area of employment, as may be understood by the employee and shell furnish
original copies of the written communications including print out of the electronic communication.
11.3 Deposit additional security amount, to cover any eventuality for payment of compensation to the
employee/s for an amount of Rs.10.00 Lakhs ( Rupees ten lakhs ) or equivalent amounts Rs. 10.00 (
Rupee ten lakh) per employee in case of employment of more than one employee, in the form of Bank
Guarantee or shall purchase Employees Compensation insurance policy for a sum assured amount of
Rs.10.. Lakhs( Rupees ten lakhs) or equivalent amounts Rs.10.00 Lakhs( Rupees ten lakhs) per
employee, in case of employment of more than one employee, in order to provide protection to the
employer as well as BSNL with the name of the employee of the contractor or in the event of death his (
employees) dependents, as beneficiary, against any accidental liability covering the term of contact.
11.4 Execute an Indemnity bond, to indemnify BSNL from any such claims of compensation in the event of any
accident and consequent injury/disability/death to/ of the employee of the successful tenderer employed
for the purpose of outsourcing of Photocopying activity within BSNL premises and also shall provide an
Affidavit declaring that BSNL shall be eligible to recover any such claims of compensation in the event of
any accident and consequent injury/disability/death to/ of the employee of the successful tenderer
employed for the purpose of outsourcing of photocopying activity within BSNL premises from and out of
the aforementioned deposit of additional security or the settlement made by the insurance company
towards any claim for compensation.

12. SAFETY OF LABOUR AND BSNL PROPERTY:-

The contractor shall be solely responsible for payment and compensation under WC act 1923 as in force from
time to time applicable in the event of accident causing injury/death to his workers and PGM SSA shall not
involve in any manner.
12.1 The contractor shall obtain / purchase all required insurances and make all safety arrangements required
for the labourer engaged by him at his own cost. All consequences due to negligence or due to lapse of
security/safety or otherwise shall remain with the contractor. BSNL shall not be responsible for any
mishap, injury, accident or death of the contractor’s staff directly or indirectly. All liabilities arising out of
accident or death while on duty shall be borne by the contractor. No claims in this regard shall be
entertained / accepted by the BSNL.

12.2 The contractor shall take all precautions to avoid all accidents by exhibiting necessary caution boards /
flags and providing barriers etc. He shall be responsible for all damages and accidents caused due to
negligence on his part. No hindrance shall be caused to traffic during the execution of work. Nothing extra
shall be paid on this account.
12.3 Contractor shall be fully responsible for any damages caused to BSNL / Government/ private /other
operators property / Injuries public at large/ loss of life by him or his Labourer in carrying out the work and
the same shall be rectified / compensated by the contractor at his own cost.

12.4 It will be sole responsibility of the contractor that the men deployed for the purpose of maintenance of the
external plant with BSNL are to be trained to avoid any mishap, directly or indirectly.

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12.5 On account of security considerations or on account of convenience of office staff, there could be some
restrictions on the working hours or movement of vehicles for transportation of materials. The contractor
shall be bound of follow all such restrictions and just the program for execution accordingly.

13. The contractor should carry out the work to the satisfaction of BSNL officer in charge and in the event of his failure
the tendering authority reserves the right to offer the contract to any other tenderer or any other agency in case of
unsatisfactory work at the cost of the contractor and payment will be settled on prorate Basis..

14. The contractor should have workers with proven integrity to carry out the contract work. He/His worker should
vacate premises after the completion of contract work.

15. The contractor shall be solely responsible for payment and compensation under WC act 1923 as in force from time
to time applicable in the event of accident causing injury/death to his workers and PGM SSA shall not involve in
any manner.
17. The decision of PGM SSA on any matter connected to this tender is final binding and his decision shall not be
questioned in any court of law.

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Section- 4 Part C
E-tendering Instructions to Bidders
1. General
These Special Instructions (for e-Tendering) supplement ‘Instruction to Bidders’, as enclosed in Sec 4 Part A of the
Tender Documents.
Submission of Bids only through online process is mandatory for this Tender.
E-Tendering is a new methodology for conducting Public Procurement in a transparent and secured manner. Suppliers /
Vendors will be the biggest beneficiaries of this new system of procurement. For conducting electronic tendering, BSNL
has decided to use the portal (https://www.eprocure.gov.in) through NIC’s (National Informatics Centre) Central Public
Procurement Portal, Ministry of Communications & Information Technology, and Government of India.
Benefits to Suppliers are outlined on the Home-page of the portal.
Instructions
I. Tender Bidding Methodology:
Sealed Bid System – ‘Single Stage - Two Envelopes’. (Financial & Technical bid shall be submitted at the same
time)
II Broad outline of activities from Bidders Perspective:
1. (a) Bidder should do Online Enrolment in this Portal using the option Click Here to Enroll available in the
Home Page. Then the Digital Signature enrollment has to be done with the e-token, after logging into
the portal. The e-token may be obtained from one of the authorized Certifying Authorities such as
eMudhraCA / GNFC / IDRBT / MTNLTrustline / SafeScrpt / TCS.

(a) “Declaration of UAM (Udyog Adhar Memorandum Number) by MSE bidders on CPPP is mandatory. If the
MSME bidders who fail to submit UAM number on CPPP portal, shall not be able to avail the benefits
available to MSEs as contained in Public Procurement Policy for MSEs order, 2012 issued by MSME”.
2. Bidder then logs into the portal giving user id / password chosen during enrollment.
3. The e-token that is registered should be used by the bidder and should not be misused by others.
4. DSC once mapped to an account cannot be remapped to any other account. It can only be inactivated.
5. The Bidders can update well in advance, the documents such as certificates, Work order details etc.,
. under My Documents option and these can be selected as per tender requirements and then attached
along with bid documents during bid submission. This will ensure lesser upload of bid documents
6. After downloading / getting the tender schedules, the Bidder should go through them carefully and then submit
the documents as per the tender document; otherwise, the bid will be rejected.
7. The BOQ template must not be modified / replaced by the bidder and the same should be uploaded after
filling the relevant columns, else the bidder is liable to be rejected for that tender. Bidders are allowed to enter
the Bidder Name and Values only.
8. If there are any clarifications, this may be obtained online through the e-Procurement Portal, or
through the contact details given in the tender document. Bidder should take into account of the
corrigendum published before submitting the bids online.
9. Bidder, in advance, should prepare the bid documents to be submitted as indicated in the tender
schedule and they should be in PDF / XLS / RAR / DWF formats. If there is more than one
document, they can be clubbed together.
10. Bidder should arrange for the EMD as specified in the tender. The original should be posted / couriered /
given in person to the Tender Inviting Authority, within the bid submission date and time for the tender.

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11. The bidder reads the terms and conditions and accepts the same to proceed further to submit the bids.
12. The bidder has to submit the tender document(s) online well in advance before the prescribed time to avoid
any delay or problem during the bid submission process.
13. There is no limit on the size of the file uploaded at the server end. However, the upload is decided on the
Memory available at the Client System as well as the Network bandwidth available at the client side at that
point of time. In order to reduce the file size, bidders are suggested to scan the documents in 75-100 DPI so
that the clarity is maintained and also the size of file also gets reduced. This will help in quick uploading even
at very low bandwidth speeds.
14. It is important to note that, the bidder has to click on the Freeze Bid Button, to ensure that he / she
completes the Bid Submission Process. Bids which are not frozen are considered as Incomplete /
Invalid bids and are not considered for evaluation purposes.
15. In case of Offline payments, the details of the Earnest Money Deposit(EMD) document submitted physically to
the Department and the scanned copies furnished at the time of bid submission online should be the same
otherwise the Tender will be summarily rejected
16. The Tender Inviting Authority (TIA) will not be held responsible for any sort of delay or the difficulties faced
during the submission of bids online by the bidders due to local issues.
17. The bidder may submit the bid documents online mode only, through this portal. Offline documents will not be
handled through this system.
18. At the time of freezing the bid, the e-procurement system will give a successful bid updating message after
uploading all the bid documents submitted and then a bid summary will be shown with the bid no, date & time
of submission of the bid with all other relevant details. The documents submitted by the bidders will be digitally
signed using the e-token of the bidder and then submitted.
19. After the bid submission, the bid summary has to be printed and kept as an acknowledgement as a token of
the submission of the bid. The bid summary will act as a proof of bid submission for a tender floated and will
also act as an entry point to participate in the bid opening event.
20. Successful bid submission from the system means, the bids as uploaded by the bidder is received and stored
in the system. System does not certify for its correctness.
21. The bidder should see that the bid documents submitted should be free from virus and if the documents could
not be opened, due to virus, during tender opening, the bid is liable to be rejected
22. The time that is displayed from the server clock at the top of the tender Portal, will be valid for all actions of
requesting bid submission, bid opening etc., in the e-Procurement portal. The Time followed in this portal is as
per Indian Standard Time (IST) which is GMT+5:30. The bidders should adhere to this time during bid
submission.
23. All the data being entered by the bidders would be encrypted at the client end, and the software uses PKI
encryption techniques to ensure the secrecy of the data. The data entered will not be viewable by unauthorized
persons during bid submission and not viewable by any one until the time of bid opening. Overall, the
submitted bid documents become readable only after the tender opening by the authorized individual.
24. During transmission of bid document, the confidentiality of the bids is maintained since the data is transferred
over secured Socket Layer (SSL) with 256 bit encryption technology. Data encryption of sensitive fields is also
done.
25. The bidders are requested to submit the bids through online e-Procurement system to the TIA well before the
bid submission end date and time (as per Server System Clock).

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26. Utmost care may be taken to name the files/documents to be uploaded on CPPP. There should be no special
character or space in the name of file. Only underscores are allowed. The illustrative examples are given
below:-
27. Bid related Information for this Tender (Sealed Bid)

The entire bid-submission would be online on CPPP. Broad outline of submissions are as follows:
 Submission of Bid Security / Earnest Money Deposit (EMD)
 Submission of digitally signed copy of Technical Bid & Financial Bid (Excel Sheets).
 Tender Documents / Addendum / Addenda
 Two Envelopes
 Techno-commercial -Part
 Financial-Part

Each of the above electronic envelopes consists of Main bid and Electronic form (both mandatory) and bid
Annexure (Optional).

NOTE: Bidder must ensure that after following above the status of bid submission must become – “Complete”.

Bidders must ensure that all documents uploaded on e-tender portal as files or zipped folders, contain valid
files and are not corrupt or damaged due to any processing at bidder PC system like zipping etc. It shall be
the responsibility of bidder himself for proper extractability of uploaded zipped files. Any error/ virus
creeping into files / folder from client end PC system cannot be monitored by e-tender software/server and
will be bidder’s responsibility only.

In case the files are non-extractable or illegible otherwise, then the bidder’s authorized representative shall
be given one chance by Tender Opening Committee to open & demonstrate the contents of bid data
downloaded from the e-tender portal in his presence.

If, even after above chance, the bidder is unable to open & demonstrate the contents of bid data
downloaded from the e-tender portal in his presence then no fresh bid in any form, soft or hard copies, shall
be accepted by tendering authority and his bid shall be summarily rejected and treated as non-responsive.

28. Offline Submissions:

The Bidder is requested to submit the following documents offline to, AGM_______ SSA on or before the
date & time of submission of bids specified in covering letter of this tender document, in a Sealed Envelope.
The envelope shall bear (the project name), the tender number and the words ‘DO NOT OPEN BEFORE’
(due date & time).
1. EMD-Bid Security (Original copy).
2. DD / Bankers cheque for Tender Fee drawn in favour of AO(Cash), O/o PGMT/GM _____SSA.
3. Power of attorney in accordance with clause 14.3 of Section-4 Part A.
4. In case MSME bidders, Valid MSME certificate to be submitted.
Note: The Bidder has to upload the Scanned copy of all above said original documents as Bid-Annexure during
Online Bid-Submission also.
29. In case the files are non-extractable or illegible otherwise, then the bidder’s authorized representative shall be
given one chance by Tender Opening Committee to open & demonstrate the contents of bid data downloaded
from the e-tender portal in his presence.

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If, even after above chance, the bidder is unable to open & demonstrate the contents of bid data downloaded
from the e-tender portal in his presence then no fresh bid in any form, soft or hard copies, shall be accepted by
tendering authority and his bid shall be summarily rejected and treated as non-responsive.

30. Special Note on Security of Bids

I. Security related functionality has been rigorously implemented in CPPP in a multi-dimensional manner.
Starting with 'Acceptance of Registration by the Service Provider', provision for security has been made at
various stages in Electronic Tender’s software. Security related aspects as regard Bid Submission are
outlined below: As part of the Electronic Encrypter™ functionality, the contents of both the ‘Electronic
Forms’ and the ‘Main-Bid’ are securely encrypted using a Pass-Phrase created by the Bidder himself.
Unlike a ‘password’, a Pass-Phrase can be a multi-word sentence with spaces between words (e.g. I love
this World). A Pass-Phrase is easier to remember, and more difficult to break. It is recommended that a
separate Pass-Phrase be created for each Bid-Part. This method of bid-encryption does not have the
security and data-integrity related vulnerabilities which are inherent in e-tendering systems which use
Public-Key of the specified officer of a Buyer organization for bid-encryption. Bid-encryption in CPPP is
such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE), even if
there is connivance between the concerned tender-opening officers of the Buyer organization and the
personnel of e-tendering service provider.

II. Typically, ‘Pass-Phrase’ of the Bid-Part to be opened during a particular Public Online Tender Opening
Event (TOE) is furnished online by each bidder during the TOE itself, when demanded by the concerned
Tender Opening Officers who will open the bid. Else Tender Opening Officer may authorize the bidder to
open his bid himself.

There is an additional protection with SSL Encryption during transit from the client-end computer of a
Supplier organization to the e-tendering server / portal.

III. Online Tender Opening Event (TOE) and Advantages:

The bidders will be able to see the status of the tenders for which they have submitted quotes in different
stages and would also be informed of the status by E-Mail.
Bidders will be able to view all the Technical bids for a particular tender on completion of Process-I
(uploading Technical Evaluation summary in the portal). Similarly Financial Bids can be viewed on
completion of Process-II (uploading of Financial Evaluation Summary in the portal).
For the bidders who have registered themselves on the website through the “Stay Updated” option,
information of all the tenders for which they are interested to participate will be sent by E-Mail
Help Desk Nos of CPP Portal:
24x7 Toll free Telephone No. 1800 3070 2232 Mob: 07878007972 / 73
Email ID: cppp-nic@nic.in (Please Mark CC: support-nic@ncode.in)
BSNL Contact-1
BSNL’s Contact Person
Telephone/ Mobile

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E-mail ID
BSNL Contact-2
BSNL’s Contact Person
Telephone/ Mobile
E-mail ID
Note 1 : In case of internet related problem at bidder’s end, especially during ‘critical events’ such as – a short period
before bid-submission deadline, during online public tender opening event, during e-auction, it is the bidder’s
responsibility to have backup internet connections. In case there is a problem at the e-procurement/ e-auction
service-provider’s end (in the server, leased line, etc) due to which all the bidders face a problem during critical
events, and this is brought to the notice of BSNL by the bidders in time, then BSNL will promptly re-schedule the
affected event(s).
Note 2: MSE bidders should declare their UAM No. (Udyog Aadhar Memorandum Number) on Central Public
Procurement Portal (CPPP) failing which such bidders will not be able to enjoy the benefits available to MSEs as
contained in Public Procurement Policy for MSEs order 2012 issued by MSME.

Note 3: Bidder must ensure that after following above the status of bid submission must become – “Complete”.
Bidders must ensure that all documents uploaded on e-tender portal as files or zipped folders, contain valid files
and are not corrupt or damaged due to any processing at bidder PC system like zipping etc. It shall be the
responsibility of bidder himself for proper extractability of uploaded zipped files. Any error/ virus creeping into files /
folder from client end PC system cannot be monitored by e-tender software/server and will be bidder’s
responsibility only.
In case the files are non-extractable or illegible otherwise, then the bidder’s authorized representative shall be
given one chance by Tender Opening Committee to open & demonstrate the contents of bid data downloaded from
the e-tender portal in his presence. If, even after above chance, the bidder is unable to open & demonstrate the
contents of bid data downloaded from the e-tender portal in his presence then no fresh bid in any form, soft or hard
copies, shall be accepted by tendering authority and his bid shall be summarily rejected and treated as non-
responsive.

IV. Other Instructions

For further instructions, the vendor should visit the home-page of the portal (https://www.eprocure.gov.in), and
check on “Help for Contractors” and “the Bidders Manual Kit”. The compatible support software (PDF Converter,
Java, etc) for online bid submission may be downloaded from CPP Portal.
Important Note: It is strongly recommended that all authorized users of Supplier organizations should thoroughly
peruse the information provided under the relevant links, and take appropriate action. This will prevent hiccups,
and minimize teething problems during the use of CPPP.
The following ‘FOUR KEY INSTRUCTIONS for BIDDERS’ must be assiduously adhered to:
1. Obtain individual Digital Signing Certificate (DSC or DC) well in advance of your first tender submission
deadline on CPPP.
2. Register your organization on CPPP well in advance of your first tender submission deadline on CPPP
3. Get your organization’s concerned executives trained on CPPP well in advance of your first tender submission
deadline on CPPP
4. Submit your bids well in advance of tender submission deadline on CPPP (There could be last minute problems
due to Internet time out, break down, etc.) While the first three instructions mentioned above are especially
relevant to first- time users of CPPP, the fourth instruction relevant at all times.

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Note: While the first three instructions mentioned above are especially relevant to first-time users of the CPP-Portal,
the fourth instruction is relevant at all times.
V. Minimum Requirements at Bidders end
 Computer System with good configuration (Min P IV, 1 GB RAM, Windows XP)
 2 Mbps Broadband connectivity with UPS.
 Microsoft Internet Explorer 6.0 or above
 Digital Certificate(s) for users

VI. PRICE SCHEDULE / BOQ:

Utmost care may kindly be taken to upload price schedule / BOQ. Any change in the format of price
Schedule/BOQ file shall render it unfit for bidding. Following steps may be followed: -
1. Download price schedule / BOQ Section-9 Part B (for Indigenous Item) in XLS format.
2. Fill rates in down loaded price schedule / BOQ as specified in XLS format only in white background cells.
Don’t fill in grey background cells.
3. BOQ Section - 9 Part B file is password protected XLS file. Don’t unprotect the file. Price has to be filled in
the same file and the same has to be uploaded.
4. Save filled copy of downloaded Consolidated sheet / BOQ, price schedule / BOQ file, in your computer and
remember its name & location for uploading correct file (duly filled in) when required.

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SECTION-5 Part A

GENERAL (COMMERCIAL) CONDITIONS OF CONTRACT

1. Tender Filling up and submission
a) The tender should be submitted in two digitally sealed envelopes. The first cover marked as” TECHNICAL
PROPOSAL” on the top, shall contain the complete proposal papers including documents required as per
Clause-11.3 of SECTION 1 of the tender document except price schedule as per Annexure- 7 and Section 9
Part B (to be submitted in BOQ format) which shall be required to be kept in 2nd cover marked as
“FINANCIAL PROPOSAL “on the top.

b) The offline documents from interested / eligible firms / companies will be accepted at the following address up
to 11:00 Hours of 00.00.2019 AGM _____SSA.
The Technical Bid and Financial Bid should be submitted along with the tender documents and other
documents asked for in the tender, failing which the tender shall be summarily rejected. All the items of these
documents must be answered or filled up carefully and no item should be left blank. All pages of the tender
document should be duly signed by the Tenderer.
c) Tenderer must submit all the information asked for in the tender document and indicated as summary
in the Check list of document submitted (Annexure 12)
d) Rates must be quoted in Indian Rupees, both in figures and in words. Any correction / overwriting must
be authenticated by the signature of the tenderer or his authorized signatories. In case of mismatch of these
two figures, the figures in words will be considered for price comparison.
e) The Tender submitted must not contain any ambiguity. Any such ambiguity in the Tender submitted shall
make it liable for rejection.
f) The tenderer must sign all pages of the tender document / clarifications / amendments if any with
company seal as a mark of acceptance of all the terms and conditions of tender documents.
g) If any person other than the tendered himself signs the tender documents, authenticated copy of necessary
Power of Attorney must be attached with the Tender.
h) In case, the Tender is submitted by any partnership firm, attested copy of the concerned partnership deed /
deeds must accompany the Tender
i) The tender document is not transferable.
j) No amendment to the tender in any form by the Tenderer will be permitted after opening of the Tenders.
k) Submission of tender will bind the tenderer to the acceptance of ALL CONDITIONS specified in the tender
document.
l) Canvassing in any form is forbidden and will be a disqualification.
m) Agreement as specified at Annexure II must be signed with company seal by the FIRM / authorized
signatory as a token of agreement and enclosed with the tender offer. The Contract Agreement as
mentioned will be executed after the receipt of the stipulated security deposit from the successful tenderer
and before the placement of the firm order.

n) The bidder shall furnish a declaration in the Format (Annexure 4) that no addition / deletion / corrections have
been made in the downloaded tender document being submitted and it is identical to the tender document
appearing on the website.
o) The bidder shall furnish declaration as per Annexure 1.
p) The bidder shall furnish declaration as to read and understood all the terms and conditions of the tender
clauses / clarifications / amendments if any, as per Annexure-13.
q) The bidder shall require submitting mandate form as per Annexure 9.
r) The bidder shall required to submit declaration that no dues are to be paid to law enforcement authorities like

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EPF/ ESI etc in proforma prescribed at Annexure 10.

2. ELIGIBILITY AND TENDER PROCESS
The following conditions must be fulfilled by the bidder to be eligible for this tender
Eligibility Conditions: as per eligibility criteria of bidder given in clause 4 of section 1 of detailed NIT
(Page no 4).
3. Tender opening and Evaluation:
The Technical Bid will be opened on the date & time notified in this tender in the presence of authorized
representatives from the participating firms who choose to attend. The date fixed for opening of proposals, if
subsequently declared as holiday by the BSNL, the proposals will be opened on the next working day, time
and venue remained unaltered.
The financial bids of the bidders whose bids are technically and commercially responsive shall be opened on
later date and time to be informed by the BSNL TELECOM. BSNL reserves right to accept or reject any or all
proposal(s) prior to award of contract without assigning any reason whatsoever and without thereby incurring
any liability to the affected bidder(s) on the ground of BSNL’s action.
The bids so evaluated techno commercially compliant eligible bidder with lowest quoted rate will be
the L1 bidder.
4. Bid validity
a) Bid shall remain valid for 180 days after the date of bid opening as prescribed by the PGM/GMT office BSNL.
A BID VALID FOR A SHORTER PERIOD SHALL BE REJECTED BY THE PGM/GMT office BSNL AS
N O N -RESPONSIVE.
b) In exceptional circumstances, the TELECOM BSNL may request the bidders consent for an extension to the
period of bid validity. The request and the response thereto shall be made in writing. The bid security
provided shall also be suitably extended. The bidders accepting the request and granting extension will not
be permitted to modify his bid. The bidder may refuse the request without forfeiting his bide security.
5. Price Validity:
a) All price quoted must be in Indian rupees and valid for the entire period of contract.
6. Scope of the Tender
a) The scope of the tender is to provide maintenance services for external plant services to PGMT/GM
___SSA on continuous basis for a period of Two year, extendable by ONE year or part thereof on
mutual agreement at the same terms & conditions.
b) Engaging maintenance services for external plant as required by BSNL will be the responsibility of the
successful Tenderer.

c) The successful Tenderer shall also be under obligation to extend similar Services to other BSNL
establishments under jurisdiction of PGM/GMT BSNL, Karnataka Telecom Circle at the agreed rates.

7. Sealing & Marking:

a) Both Technical and Financial Bids shall be digitally sealed separately and super scribed as “TECHNICAL
BID” and “FINANCIAL BID for “Tender for outsourcing of maintenance of external copper network plant
in urban area and provisioning of Land line and broad band services for exchanges under ___SSA
b) The offline documents are to be placed in one separate sealed envelope and super scribed as Tender
for providing maintenance services for external plant services for Offices under ____SSA Office at
___________”

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c) All these above envelopes shall be addressee to Asst. General Manager,_____ SSA
The bottom left hand corner of the covers should indicate the name & address of the firm / tenderer.

d) If the envelopes are not sealed and marked as required the bid shall be rejected.

8. Submission of E-tender documents.

8.1 Offline submission
a) The bidder shall submit the following documents offline to Asst. General Manager ____ SSA

b) On or before11:00 hours of 00.00.2019 submission of bids specified in NIT in a Sealed Envelope. The
envelope shall bear (E-tender name), the tender number and the words ‘DO NOT OPEN BEFORE’
(due date & time).
i) EMD – Bid security (original copy) for Rs.______ ( ---only ) through DD / Banker’s cheque / Bank
guarantee drawn in favour of AO (Cash,) o/o____SSA and payable at ____________

ii) DD / Banker’s cheque of Tender fee (original copy) for Rs. _____ (Rupees _____Only) in favour of
AO (Cash),o/ o/o____SSA and payable at ____________
iii) Board’s resolution in favour of authorized signatory.

iv) Original “POWER OF ATTORNEY” in case any person other than the tenderer himself has
signed the tender.
Note: The Bidder has to upload the Scanned copy of all above said documents during Online Bid submission also.
Onlin Contents of 1st Envelope (Technical) All documents to be scanned and uploaded in single pdf
e file.
sub
1miss Copy of DD/Banker’’ss cheque towards cost of the tender document.
ion.
2 Copy of DD/Banker’’ss cheque / Bank guarantee towards bid security (EMD).
A.(T
3 Certificate of Incorporation / Registration
echn
4ical) Copy of Articles and Memorandum of Association or Partnership deed or proprietorship deed as the case
may be.
SL
5 General power of attorney in favour of the signatory signing the tender documents (not required in case of
proprietary / partnership firm if the proprietor/partnership himself signs the documents) and board’s
resolution in favour of authorized signatory.
6 Copy of PAN card
7 Copy of IT returns for previous two years.(2018-19 & 2017-18)
8 Details of the firm along with List of Directors on the Board of the Company if applicable.
9 Attestation of the signature of the authorized signatory by the company bankers.
10 Copy of Goods and Services Registration.
11 Copy of tender document & clarifications/amendments if any issued by BSNL to this tender, if any, duly
signed and stamped on each page by the authorized signatory as a mark of acceptance of all conditions
contained herein.
12 Profile of the tenderer (optional)
13 Indemnity bond declaration as per Annexure-6
14 Letter of authorization as per Section 7C

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15 Credentials regarding experience in carrying out similar services to other PSU/Corporate sector/Govt
departments/Telecom companies—Experience certificate as per Annexure-8.
16 Declaration for read and understood all the terms of the contract as per Annexure-1.
17 No relative certificate as per Section 6B
18 Undertaking as per Section 6A
19 Declaration for not having done any additions / deletions / modifications to terms of the tender document
as per Annexure-4.
20 Details of vendor as per Section 8
21 MANDATE FORM as per Annexure 9
22 DECLARATION W.R.T NO DUES TO BE PAID TO LAW ENFORCEMENT AUTHORITIES LIKE ESI
/ EPF ETC AS PER ANNEXURE-10
23 List of documents to be submitted along with the tender as per Annexure- XVII
24 Copy of Registration Certificate under Contract Labour (Regulation and Abolition) Act 1970.
25 Any other supporting document

Checklist for Bidder – B (Financial)

Contents of 2nd Envelope (Financial)
Price Schedule in BOQ format as per Annexure – Section 9 Part B
Note : Price Schedule in PDF format may be downloaded & filled
manually and may be uploaded in PDF format only
(i) If some document is not applicable for the bidder then he has to upload scanned copy of paper
mentioning ‘the document <name> called vide clause is not applicable on us.
(ii) All the online documents to be submitted in one pdf file.
One hard copy of all the documents submitted online except financial bid are to be Submitted at the time of
opening of bid to
Asst. General Manager (MM),
_________ SSA At the time of opening of bid.
(iii) Late tender: Any tender received after 11:00 Hrs of 00.09.2019, will not be considered.

9. Tender Opening Date & Venue:

a) This tender will be opened in Assistant General Manager (MM) _____ SSA at specified time & date as
stated in NIT If due to administrative reasons, the venue of Bid opening is changed, it will be displayed
prominently on Assistant General Manager (MM) ______ SSA

b) Tenders will be opened at 11:30Hrs on 00.09.2019 in presence of attending Tenderer’s or their authorized
representatives.

10. Earnest Money Deposit

a) EMD of Rs. ______ ( _________) in the form of Bank guarantee / Banker’s cheque or crossed DD drawn
on any nationalized / scheduled bank and payable to AO (Cash,)o/o PGM/GMT ____SSA and payable
at _______ valid for a period of 210 days from the date of tender opening should accompany with the
Technical Bid.

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b) Offers without the EMD or the EMD not in the form mentioned above will not be considered.
c) The EMD of the unsuccessful Tenderer’s shall be refunded after final acceptance of the tender and within
a reasonable time not exceeding six (6) months from the date of opening the tender. In the intervening
period the EMD will not carry any interest.
d) The EMD will be forfeited if the tenderer withdraws the offer before finalization of the tender.
e) The EMD of the successful tenderer will also be forfeited if the tenderer fails to provide the Performance
Guarantee / Security Deposit when required to do s o .
f) The EMD of the successful tenderer is refunded after the deposition of the Security Deposit / Performance
Guarantee.
g) The EMD shall not carry any interest.
11. Tender Acceptance & Rejection
a) BSNL TELECOM reserves the right to reject any part or whole of the tender without assigning any reason
whatsoever.
b) BSNL TELECOM is not bound to accept the lowest tender.
c) BSNL TELECOM reserves the right to place even partial or repeat orders within the price validity period
on the same cost, terms & conditions of the tender acceptance.
d) BSNL TELECOM will evaluate the FIRM’s offer on both technical and commercial parameters. Any
deviations on the specified parameters in the tender will automatically disqualify the tenderer.
e) Advanced Work order (AWO) / Letter of Intent will be issued to the successful tenderer after evaluation of
the tender. The firm work order will only be issued after the tenderer deposits the security within stipulated
period. The successful bidder has to enter into an agreement with BSNL in the form in Annexure-14 and
furnish performance security within 14 days of issue of AWO.
12. Security Deposit
a) Successful tenderer will have to deposit 5% of the contract Value as performance Security Deposit
in the form of Bank Guarantee (PBG) or Bank Draft on any Nationalized / Scheduled bank drawn in
favour of AO (CASH) o/o ___SSA , and payable at ______. This should be submitted to AGM (MM),
____BS/SSA within the stipulated period as mentioned in the (AWO). The format of Bank Guarantee is
provided in Section 7 B.
b) Firm Work Order will be placed only after receipt of security deposit & unconditional acceptance of LOI by
the Tender issuing authority.
c) Security Deposit will carry no interest.
d) The security deposit (PBG or Performance Security Deposit) will be refunded only after successful
completion of the contract.
e) Security deposit shall be liable for appropriation / adjustment against any liquidated damages for delay in
execution of the contract as per the terms laid down during the contract period, which the FIRM does not
meet otherwise. If the FIRM fails or neglects to perform any of his obligations under the tender, it shall be
lawful for BSNL TELECOM to forfeit either whole or any part of the security deposit furnished by the FIRM
and terminate the contract. Also if the contractor fails to remit EPF amount through on-line submission.
13.OPENING OF TECHNICAL BIDS
A. PRELIMINARY EVALUATION
a) PGM /GM (TELECOM) shall evaluate the bids to determine whether they are complete, or any
computational errors have been made, whether required documents have been furnished, and the
documents have been properly signed and whether the bids are generally in order.
b) The Tenders will be opened in the presence of bidders or their authorized representatives who choose to

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attend at due time on due date. One representative per bid shall be allowed to be present during the
opening of the tender. Authority letter to this effect shall be submitted by the bidder before they are allowed
to participate in bid opening format is given in Section 7C. The bidder's representatives, who are present,
shall sign an attendance register.
c) The Bidders names, Bid prices, modifications, Bid withdrawals and such other details as the
BSNLTELECOM at its discretion, may consider appropriate will be announced.
d) All corrections, additions and alterations in the entries and tender papers will be signed in full by the
tenderer, with date. No errors, over writing shall be permissible, unless attested under the signature of the
tenderer. The tender shall contain the name, address of residence and places of business of
person/persons making the tender and shall be signed by the tenderer with his usual signature.
e) The BSNL TELECOM will determine the substantial responsiveness of each bid With reference to the bid
documents enclosed with Technical BID. For purpose of this clause, a substantially responsive bid is one
which confirms, to all the terms and conditions of the bid document without material deviation. The BSNL
TELECOM’s determination of bid’s responsiveness is to be based on the contents of the bid itself without
recourse to extrinsic evidence.
f) A bid, determined as substantially non-responsive will be rejected by the BSNL TELECOM and shall not
subsequent to the bid opening be made responsive by the bidder by correction of the non-conformity.
g) The BSNL TELECOM may waive any minor infirmity or non-conformity or irregularity in a bid which does
not constitute a material deviation, provided such waivers does not prejudice or effect the relative ranking
of any bidder.
h) On the day of Tender opening, only technical bid will be opened. Opening of Price Bid will be
intimated to the eligible bidders at the later stage.
14. CLARIFICATION OF BIDS:
To assist in the examination, evaluation and comparison of bids, the BSNL TELECOM may at his discretion
ask the bidder for the clarification of its bid. The request for clarification and response shall be in writing.
However, no post bid clarification at the initiative of the bidder, shall be e n t e r t a i n e d .

15. OPENING OF FINANCE BID

DETAILED EVALUATION
(a) During Evaluation Arithmetical errors if any, 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 total price shall be corrected by the BSNL TELECOM. If there is
a discrepancy between 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.
(b) Any tender with conditions from the contractor other than those specified in the tender document is
liable to be summarily rejected.
(c) Tender will be accepted and contract will be finalized only with those of the Tenderers who, in the
opinion of the PGM/GM (TELECOM), BG are having the capacity and resources to execute the work
assigned in the prescribed time.
(d) The tenders will be evaluated to arrive L1, based on the lowest rate quoted in the Price Bid.
(e) Where the rates quoted by the bidders are same by more than one bidder, the evaluation shall be based
on the length of experience as per the experience certificate produced for deciding lowest bidder.
(f) The successful tenderer, after depositing the required Security Deposit of 5% of the total approved
contract value and will have to execute an agreement in non- judicial stamp paper of Rs.100/- (Rupees

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One Hundred only) as at Section-7 Part B. The cost of the stamp paper is to be borne by the contractor
and he shall be bound by the terms and conditions in the agreement, which in turn will be the same terms
and conditions as mentioned in the tender document.
(g) The tenderer will quote the rate both in figures as well as in words, in the downloaded BOQ format
(Annexure VIII). All columns in the proforma are to be filled up. In case some columns are not
applicable, full justification with Documentary proof is to be submitted. Decision of the PGM/GM
(TELECOM)____ SSA in this regard, is final & binding.
16. Forfeiture of EMD / SD:
a) If the contractor fails to remit the security deposit within the stipulated period he EMD shall be
forfeited.
b) If the contractor fails to complete the work allotted within the stipulated period the Security Deposit shall
stand forfeited.
c) If the contract is abandoned by the contractor the SD shall stand forfeited.
d) If the contract is terminated by the department due to poor or negligence / bad act of the contractor/ his
personnel, the Security Deposit shall stand forfeited besides any other amount recoverable or adjustable.

17. AWARD OF CONTRACT

The work may be awarded to one or more contractors depending upon the requirement at the discretion
of PGM/GM (TELECOM) _____ SSA The quantity of work to be awarded shall be at the prescribed in
clause 4 of SECTION-4 part B
After awarding the contract (LOI), the contractor has to comply with the following procedure.
a. Security Deposit in the form of bank guarantee shall be submitted to the designated Officer within
14 days of issue of L O I .
b. An agreement as per the format in Annexure-14 shall be entered into by the Contractor with
PGM/GM (TELECOM).
c. Should submit half yearly returns of ESI in Form No. 6.
d. Should submit annual returns of EPF in Form No. 6A.
e. Copy of valid labour license under Contract Lab our (Regulation and Abolition) Act 1970 If
available. If not available the same should be produced within one month from the date of award
of contract.

18. CONTRACTOR’S PARTY

a.The contractor’s party (upkeep labours) should not consist of any one below the age of eighteen years and
not more than 60 years.
b.No one in the Bharat Sanchar Nigam Limited having interest in this contract should even be engaged or
admitted as partner.
c.The contractor shall ensure behavior, conduct and integrity of the upkeep units.
d.The workmen should be literate and able to write and read Kannada and English.

19. APPLICATION
The general condition shall apply in contracts made by the Hirer for the providing maintenance services for
external plant Services

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20. PERFORMANCE SECURITY

20.1 All successful bidders/contractors (including MSEs who are registered with the designated MSME bodies,
like National Small Scale Industries Corporation etc. shall furnish performance security to the Hirer for an
amount equal to 5% of the value of Advance Work order (based on successfully qualified nos. of clusters)
within 14 days from the date of issue of Advance Work Order by the Hirer.
20.2 The proceeds of the performance security shall be payable to the Hirer as compensation for any loss
resulting from the supplier's failure to complete its obligations under the contract.
20.3 The performance security Bond shall be in the form of Bank Guarantee issued by a scheduled Bank and
in the Proforma provided in 'Section-7 Part B of this Bid Document.
20.4 The performance security Bond will be discharged by the Hirer after completion of the successful
bidders/contractors performance obligations including any warranty obligations under the contract.

21. PAYMENT TERMS

21.1Payment terms :

21.1.1 The bidder should submit the invoice to the officer in-charge of the cluster on receipt of performa
Invoice generated from BSNL IT System.
21.1.2 The charges for provision of new Landline shall be based on the number of new landline provision
during the month. Maintenance charges for the new connections shall be payable from the new
calendar month after 90 days of date of installation (for connections provided in January’2019
month will be counted from 1-5-2019 for maintenance calculation).
21.1.3 For the purpose of invoice preparation, Number of working connections in a cluster shall be
calculated taking the average of working connections on the first and last day of the month.
21.1.4 Two performa Invoices will be genereated i.e. IV-1: Invoice Performa for Maintenance Charges
and IV-2 : Invoice Performa for Provisioning Charges
21.1.5 90% of the payment of the monthly invoices shall be paid on submission of Invoices by the bidder
and Balance 10% after 30 days from the payment of 90% of Invoice.

Note: - All statutory taxes as applicable shall be deducted at source before payment.
List of Documents to be submitted along with the monthly invoice are as shown below.
1. Online generated combined Paid challans of ESI / EPF / ST for the previous month which are duly
tallied with payments made in the previous month
2. Annual / Half Yearly returns of EPF / ESI as applicable.
a) Statutory deductions like EPF, ESI etc., should be paid to the statutory authorities within due dates.
b) Necessary income tax deduction certificate will be issued by the Accounts Officer detailing the amount so
deducted as tax at source at the time of payment of each bill.
c) The bills are to be submitted in triplicate and in the manner and form that may be prescribed by the AGM
(GEN). Bill payment through Electronic Clearance Scheme (ECS) only. The contractor should
submit the mandate form for this purpose along with the Agreement while entering into the Contract.
i) The security deposit with the BSNL be considered for adjustment against penalties, any other statutory
levies and any loss to BSNL properties, if any reported, at the time of final conclusion of the contract and
final settlement of account.

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j) The final settlement of the bills and refund/adjustment/appropriation or any amount retained from the
running bills of the contractor, shall be made fully after the officer concerned is satisfied that all the
contractual obligations have been fully met and no amount remains due for recovery from the contractor
on any count. Unless there are specific reasons, all accounts are expected to be settled within a period
of six (6) months from the date of completion of work in all respects.

21.2 Necessary declaration, statutory forms (if any) shall be provided by BSNL to avail Concessional rate of
tax
Wherever applicable on the request of the bidder as and when asked for

21.4 .The bidder has to give the mandate for receiving payment electronically and the charges, if any, levied by
bank has to be borne by the bidder / contractor / supplier. The bidder company is required to give the
following information for this purpose:-
(a) Beneficiary Bank Name:
(b) Beneficiary branch Name:
(c) IFSC code of beneficiary Branch
(d) Beneficiary account No.:
(e) Branch Serial No. (MICR No.):

22. Tax Indemnity Clause:

BSNL has the right to recover Input Tax credit loss suffered by it due to any mis-declaration on invoice by
the supplier.

23. ARBITRATION
23.1 Except as otherwise provided elsewhere in the contract, if any dispute, difference, question or disagreement
arises between the parties hereto or their respective representatives or assignees, in connection with
construction, meaning, operation, effect, interpretation of the contract or breach there of which parties
unable to settle mutually, the same shall be referred to Arbitration as provided here under.

1. A part wishing to commence arbitration proceeding shall invoke Arbitration clause by giving 60 days
notice to the designated officer of the other party. The notice invoking arbitration shall specify all the
points of disputes with details of the amount claimed to be referred to arbitration at the time of invocation
of arbitration and not thereafter, If the claim is in foreign currency, the claimant shall indicate its value in
Indian Rupee for the purpose of constitution of the arbitral tribunal.

2.The number of the arbitrators and the appointing authority will be as under :

Claim amount (excluding claim Number of arbitrator Appointing Authority

for counter claim, if any)
Above Rs. 5Lakhs to Rs.5 Crores Sole Arbitrator to be appointed BSNL
from a panel of arbitrators of (Note: BSNL will forward a list
BSNL containing names of three empanelled
arbitrators to the other party for
selecting one from the list who will be
appointed as sole arbitrator by BSNL)
Above Rs.5 Crores 3 Arbitrators One arbitrator by each party and the 3rd
arbitrator, who shall be the presiding
arbitrator, by the two arbitrators.

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3. Neither party shall appoint its serving employee as arbitrator.

4. If any of the Arbitrators so appointed dies, resigns, becomes incapacitated or withdraws for any reason
from the proceedings, it shall be lawful for the concerned party / arbitrators to appoint another person in
his place in the same manner as aforesaid. Such person shall proceed with the reference from the stage
where his predecessor had left it both parties consent for the same; otherwise he shall proceed de novo.
5. Parties agree that neither party shall be entitled for any pre-reference or pendent elite interest on its
claims. Parties agree that any claim for such interest made by any party shall be avoid.
6. Unless otherwise decided by the parties, Fast Track procedure as prescribed in Section 29 B of the
Arbitration Conciliation Act, 1996 for resolution of all disputes shall be followed, where the claim amount
is up to Rs. 5 Crores.

[ 29.B.Fast Track Procedure –

(1) Not withstanding anything contained in this ACT, the parties to an arbitration agreement, may, at
any stage either before or at the time of appointment of the arbitral tribunal, agree in writing to have
their dispute resolved by fast track procedure specified in Sub Section (3)

(2) The parties to the arbitration agreement, while agreeing for resolution of dispute by fast track
Procedure, may agree that the arbitral tribunal shall consist of a sole arbitrator who shall be chosen
by the parties.
(3) The arbitral tribunal shall follow the following procedure while conducting arbitration proceedings
Under Sub-section (1):-

(a) The arbitral tribunal shall decide the dispute on the basis of written pleadings, documents
and submissions field by the parties without oral hearing;
(b) The arbitral tribunal shall have power to call for any further information or clarification from
the parties in addition to the pleadings and documents filed by them;
(c) An oral hearing may be held only, if all the parties make a request or if the arbitral tribunal
considers it necessary to have oral hearing for clarifying certain issues;
(d) The arbitral tribunal may dispense with any technical formalities, if an oral hearing is held,
and adopt such procedure as deemed appropriate for expeditious disposal of the case.

(4) The award under this section shall be made within a period of six months from the date the arbitral
tribunal enters upon the reference.

(5) If the award is not made within the period specified in sub-section (4), the provisions of sub-
Sections (3) To (9) of section 29 A shall apply to the proceedings.

(6) The fees payable to the arbitrator and the manner of payment of the fees shall be such as may be
agreed between the arbitrator and the parties. ]

7. The arbitral tribunal shall make and publish the award within time stipulated as under:

Amount of Claims and Counter Claims Period for making and publishing of the award
(counted from the date the arbitral tribunal enters
upon the reference)
Up to Rs 5 Crores Within 6 months (Fast Track procedure)
Above Rs.5 Crores Within 12 months

However, the above time limit can be extended by the Arbitrator for reasons to be recorded in writing
With the consent of parties and in terms of provisions of the Act.

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8. In case arbitral tribunal of 3 arbitrators, each party shall be responsible to make arrangements for the travel
and stay, etc. of the arbitrator appointed by it. Claimant shall also be responsible for making arrangements
for travel / stay arrangements for the Presiding Arbitrator and the expenses incurred shall be shared
equally by the parties.
In case of sole arbitrator, BSNL shall make all necessary arrangements for his travel / stay and the
expenses incurred shall be shared equally by the parties.

9. The Arbitration proceeding shall be held at New Delhi or Circle or SSA Headquarter (as the case may be).

10. Subject to the aforesaid conditions, provisions of the Arbitration and Conciliation Act,1996 and any
statutory modifications or re-enactment thereof shall apply to the arbitration proceedings under this Clause.

23.2 APPLICABLE LAW AND JURISDICTION

a) The supply order for Goods ‘or’ Services, including all matters connected with this supply order shall be
governed by the Indian law both substantive and procedural, for the time being in force and shall be
subject to the exclusive jurisdiction of Indian Courts at the place from where the Work order has been
placed.
b) Foreign companies, operating in India or entering into joint Ventures in India, shall have to obey the law of
land and there shall be no compromise or excuse for the ignorance of the Indian legal system in any way.

24. SET OFF

Any sum of money due and payable to the supplier (including security deposit refundable to him) under this
contract may be appropriated by the Hirer or the BSNL or any other person(s) contracting or person(s) for
Payment of a sum of money arising out of this contract or under any other contract made by the supplier with the
Hirer or BSNL or such other person(s) contracting through the BSNL. In case of set off of the security deposit
against any claim of the Hirer or BSNL or such other person or person(s) for payment of a sum of money arising
out of this contract or under any other contract made by the supplier with the Hirer or BSNL or such other
Person contracting through the BSNL, the GST on such set off will be borne by the Supplier GST would not
be liable on security deposit.. But if supplier set off the security Deposit against any claim of the Hirer or BSNL
or such other person or person(s) for Payment of a sum of money arising out of this contract or under any
Other contract made By the supplier with the Hirer or BSNL or such other person(s) contracting through The
BSNL, then GST would be levied

25. COURT JURISDICTION

25.1 Any dispute arising out of the tender/ bid document/ evaluation of bids / issue of AWO shall be subject to
the jurisdiction of the competent court at the place from where the NIT / tender has been issued.
25.2 Where a contractor has not agreed to arbitration, the dispute/ claims arising out of the Contract/ WO
entered with him shall be subject to the jurisdiction of the competent Court at the place from where
Contract / WO have been issued. Accordingly, a stipulation shall be made in the contract as under.
“This Contract / WO is subject to jurisdiction of Court at _________ only”.
Note: - Mandatory Licensing requirements with regards to security related concerns issued by the Government of India
from time-to-time shall be strictly followed and appropriate Clauses shall be added in all bid documents.
Necessary guidelines in this regard shall be issued separately.
26. General Guidelines:-

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“The General guidelines as contained in Chapter 5, 6 and 8 of General Financial Rules as amended from time
to time on works, procurement of goods and services and contract management respectively may also be
referred to as guiding principles”.

27. GST Invoice:

27.1 All the details of supplier (name, address, GSTIN / unregistered supplier, place of supply, SAC / HSN
code
etc.) and other mandatory details shall be mentioned on the invoice.

27.2 Invoice / Supplementary invoice / Debit Note / Credit Note / Receipt Voucher need to be issued in
compliant
format and timely within the time prescribed under GST law.

27.3 In case of any deficient / incomplete / rejected supply, BSNL shall convey the same in a reasonable time
to
enable the supplier to issue credit note and take tax adjustment.

27.4 It would be the responsibility of the supplier to declare correct information on invoice and GSTN viz. the
amount, the place of supply, rate of tax etc. In case, the eligibility of input tax credit is questioned or
denied to BSNL on account of default by the supplier, the same would be recovered by BSNL from the
supplier.

27.5. Registered location of the both the parties i.e. BSNL and supplier should be mentioned in the agreement
with GSTIN No. Further, supplier should raise invoices at the registered premise of BSNL for availing of
credit and ensure that the place of supply as per GST law is same as registered premise

27.6. BSNL could at any time instruct the supplier to raise its invoices at a particular location of BSNL.

27.7. It is the responsibility of the supplier to ensure that place of supply and the GSTN of BSNL is in the same
state. If for any reason they are not in the same state, the supplier shall intimate to BSNL and give
adequate time before rising of the invoice.

27.8. E-waybill number should be mentioned on the invoices.

27.9. Supplier shall be responsible for timely issuance and delivery of invoice / DN / CN to enable BSNL to
claim
tax benefit on or before the stipulated time period provided by the GST law.

(a) It is the responsibility of the supplier to ensure that outward supply return (GSTR-1) would be filed
correctly. If not, than cost would be borne by supplier.
(b) Reporting of correct outward supply by supplier in the outward return (GSTR-1) is the responsibility of
the supplier. In case of mismatch because of supplier’s fault, prompt amendments must be made by
the supplier else supplier would be required to indemnify BSNL of the loss of credit due to mis-match.
The compliances to be adhered by supplier Includes (but is not limited to) the following:

(i) Uploading appropriate invoice details on the GSTN within the stipulated time;
(ii) Issuing GST compliant invoice / CN / DN. WO issued by BSNL should be referred by supplier for
capturing Information on the invoice
(iii) Supplier needs to pay the entire self-assessed tax on timely basis.

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(iv) Where invoice is not uploaded or incorrect upload of invoice detail of GSTN by supplier then by
credit on such invoice will be given provisionally subject to matching. So, acceptance of changes
made by BSNL on GSTN on account of non-upload or incorrect upload of invoice details on
GSTN is to be submitted by supplier. Such changes w.r.t. the mismatch are required to be accepted
by supplier within the time limit prescribed under the GST law. It should be noted that in case
supplier does not accept such changes within the time limit prescribed under GST law, the loss of
input tax credit (if any) would be recovered from the supplier. In case of mismatch because of
Supplier's fault, prompt amendments must be made by the supplier else supplier would be
required to indemnify BSNL for the losses of credit and interest paid due to mismatch.

(v) Supplier to issue all necessary documentation and perform all necessary compliances for BSNL to
be eligible to claim the input tax credit of GST tax to them. In case BSNL is unable to claim the
input tax credit, the amount w.r.t. GST charged by the supplier would be recovered from the
supplier.
(vi) A self-declaration along with evidence that the bidder is not blacklisted by GST authorities. In case
supplier gets black listed during the tenure of BSNL contract, then supplier must indemnify BSNL
ensure that no loss of input tax credit is borne by BSNL due to default of supplier.

27.10 Refer Annexure below (placed as Annexure- A1) for clause stating that all the details of supplier (name,
address, GSTN / unregistered supplier, place of supply, SAC / HSN code etc.) And other mandatory
details shall be mentioned on the invoice.

27.11. Where the location agreed are more than one state, then separate invoice state wise to claim input tax
credit in a particular state (typically happens in a bill to-ship to scenario) shall have to be submitted.

27.12 It shall be the responsibility of the supplier to mention State of place of supply of Goods / services in the
invoice issued to BSNL.

Annexure-A1
Sr.No Particulars for Input Invoice Sr.No Particulars for Receipt Voucher
1 Name and registered address of the supplier 1 Name and registered address of the supplier
2 GST Registration number of supplier 2 GST Registration number of supplier
3 Name of BSNL entity 3 Name of BSNL entity
4 ‘Bill to’ and ‘Ship to’ address of BSNL 4 ‘Bill to’ and ‘Ship to’ address of BSNL
5 GST Registration number of BSNL 5 GST Registration number of BSNL
6 Date of Invoice 6 Date of document issued
7 Invoice Number 7 Document Number
8 Place of Supply (including State) 8 Place of Supply (including State)
9 Type of Tax (CGST,SGST and IGST) 9 Amount of advance taken
10 Rate of Tax 10 Type of Tax (CGST,SGST and IGST
Value of goods / service and type / rate / amount
11 11 Rate of Tax
of tax should be separately mentioned
12 Quantity of Services 12 Quantity of Services
In case invoice has more than one tax rates,
13 Total value of Invoice 13 rate of tax and amount of tax for each supply
should be mentioned separately
14 Description of Supply of goods / service Note: Invoice issued at a later stage against receipt
15 HSN code in case of Services voucher to mention this document number.

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16 Accounting Code in case of service Refund voucher to be issued against the advances
17 In case invoice has more than one tax rates, rate received if no supply is made and no invoice is raised
of tax and amount of tax for each supply should
be mentioned separately

SECTION –5 Part B

SPECIAL (COMMERCIAL) CONDITIONS OF CONTRACT (SCC)

1. A) The successful Firm shall execute the contract directly and they shall not be permitted to give any
sub- contract for part or whole of the work.
B) It shall be responsibility of the FIRM to ensure that their staff is in properly dressed along with their Identity
cards / ID Cards displayed.

C) The Firm should be responsible to ensure that the cleanliness of office is maintained at the desired
proper standards. The performance of service rendered shall be maintained by PGM/GM (TELECOM)
from time to t i m e .

D) If the Firm fails to render any or all the services, for any period during the contract, the PGM/GM
(TELECOM) shall be at liberty to get the work done from other agencies and deduct charges incurred
on this account from amount payable to the FIRM / security deposit.

E) The contract shall be initially for two year. However PGM/GM (TELECOM) reserves the right to
terminate the contract in between for reasons of Unsatisfactory / non u performance or
non-compliance to statutory requirement of minimum wages etc. PGM /GM (TELECOM) also reserves the
right to extend the tender of the contract on the terms and conditions mutually agreed upon by one
year or part there off..

F) The FIRM shall be responsible for any loss, damage or liability to the property of this office due to lapse
of their employees. Adoption of safe working practices shall be the responsibility of the FIRM.

G) PGM/GM (TELECOM) reserves the right to reject any or all the tenders without assigning any reason
whatsoever.

H) Firm has to ensure that personnel deployed by the Firm, member of staff shall not be allowed to stay in
the complex beyond his duty hours unless otherwise instructed by concerned officer in-charge.
I) PGM/GM (TELECOM) reserve the right to visit the office of the tendering Firm to satisfy himself about
the competency of the FIRM to carry out the job as per specific requirement mentioned in this tender
document.

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J) The staff deployed shall have a good general health, well mannered, polite and attentive. The staff shall
ensure that the work is carried out in a safe and secure manner. Any loss incidental to the personnel
deployed shall be the sole responsibility of the Firm and not that of PGM/GM (TELECOM).
2. PERIOD OF VALIDITY:
Normally contract will be awarded for Two year. However extension for one year or part thereof will be considered
keeping in view the various factors, such as exigency of service, satisfactory performance of the firm with the
same terms and conditions of the tender.

3. COMPENSATION UNDER THE WORKMAN’S COMPENSATION ACT:

The contractor shall be responsible for and shall pay any compensation to his own workman, payable under the
Workman’s compensation act 1923(VIII of 1923 herein after called the said act) for the injuries carried to the
contractual workman. If such compensation is paid by the PGM/GM (TELECOM) as principle employer under sub
section (1) of section 12 of the said act on behalf of the contractor, it shall be recoverable by the PGM/GM
(TELECOM) from the amount due to the contractor.
5. SUB CONTRACT:
The Contractor shall not assign, sub contract or subject the whole or any part of the works covered by the
contract or any benefit thereof.
6. REPRESENTATIVE OF PGM /GM (TELECOM):
The PGM/GM (TELECOM) shall be represented by the AGM concerned or any other officer authorized, will be in
charge of the works. PGM/GM (TELECOM)’s representatives in work site shall be the officer in charge or such
other representative as the AGM (GEN), TELECOM may from time to time designate in writing. The Officer in
charge and / or his assistant or nominee shall inspect the work of the contractor. Notice given in writing by the
contractor or contractor’s representative to the officer in charge or the AGM ()TELECOM shall be deemed to be
the notice given by the Department. The Officer in charge and such other representatives as AGM (GEN)
TELECOM may designate in writing shall be deemed to be authorized to represent the PGM/GM (TELECOM) in
respect of the work or any designated section work and decision, agreement or instruction in writing by the
PGM/GM (TELECOM)’s representatives as aforesaid, which is within his power, shall be binding on the
contractor.

7. REPRESENTATIVE OF THE CONTRACTOR

The Contractor shall furnish to BSNL a scheme of his intended organization for the contracted job, naming his
superintendent. The contractor shall have on each site a superintendent being authorized to represent the
contractor on his designated section job, to whom the BSNL representative can make his own decisions,
authorizations and interpretations. The contractor shall within TEN days after the execution of the
contract/agreement shall notify the BSNL the names and addresses of the superintendent along with the specimen
signatures in terms of site allocation. Any change in the name and address of any superintendent notified as
aforesaid shall be promptly intimated in writing to the department. Notices given in writing to the superintendent
shall be deemed to be notices given to the contractor. The contractor shall also have a manager fully authorized
or represent contractor on matters involving more than one section of job notification in respect of whom shall
likewise given be given to the BSNL and who shall likewise be the contractors’ representatives in terms aforesaid.

8. QUALITY OF WORK:
The contractor shall be responsible for the good behavior / conduct of the workmen. Any work assigned by the
section / officer in charge is to be carried out by the workmen.

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9. NOTIFICATION:
Contractor shall give in writing to the proper person or authority with a copy to the AGM (GEN) such notification as
may be mandatory or necessary in connection with the commencement, suspension, resumption, performance and/
or completion of the contracted work. All notices shall be given sufficiently in advance of the proposed operation to
permit all proper co-relation of activities and the contractor shall keep all proper persons or authorities involved
regularly advised of the progress of operation throughout the performance of the work together with such other
information and/or supporting figures and data as may from time to time be directed as required.

10. REFUND OF SECURITY DEPOSIT

No interest will be payable on the earnest money or the security deposit or amount payable to the contractor
under the contract. Refund of the security deposit is subject to the full and final settlement of the final bill
for the jobs contracted/ executed under the contract, subject to the settlement of claims if any, by GM
(TELECOM) , for any loss/damage/damages and compliance if any, for statutory remittance like, EPF, ESI etc
and after expiry of SIX months from the date of expiry of contract including the extended period.
11. INSPECTION BY GM (TELECOM)
The AGM (GEN) or his representative or any of the superior officers shall have free access to the site at all times
for inspection. The contractor shall render to the representative of the GM (TELECOM) all possible assistance
and facilities for the purpose.

12. PROT ECTION OF LIFE AND PROPERTY AND EXISTING F A C I L I T I E S :

The contractor is fully responsible for taking all possible safety precautions during preparation for an actual
performance of work. The contractor should protect all life and property from damage and losses resulting from his
operations and shall minimize the disturbance and inconvenience to the public. The contractor shall be solely liable
for all expenses for and in respect of repairs and/or damage occasioned by injury or by damage to such
underground and above structures or other properties and undertake to indemnify and to keep indemnified the
department from and against all actions, causes of actions, damages, claims and demands whatsoever either in
law or in equity and all losses and damages and costs (inclusive between Attorney and clients) charges and
expenses in connection therewith and/or incidental thereto.

13. INDEMNITIES:
The contractor shall at all times, hold the department harmless and indemning from against all actions, suits,
proceedings, works, cost, damages, charges, claims and demands of every nature and description brought or
procured against the government, its officers and employees forthwith upon demand and without protest or demur
to pass to the BSNL any and all losses and damages and costs (inclusive between Attorney ad client) and all costs
incurred in endorsing this or any other indemnity or security which the GM (TELECOM) may now or at any time
have relative to the work or the contractors’ obligation or in protecting or endorsing its right in any suit or other
legal proceedings, charges and expenses and liabilities resulting from or incidental or in connection with injury or
disablement to or death of any like including workforce of the contractor of damage to properties and resulting from
or arising out of or in any way connected with or incidental to the operations caused by the contract documents.
In addition, the contractor shall reimburse BSNL or pay to the government forthwith or demand losses and
damages otherwise incurred by it in consequence of any claims, demands and actions which may be brought
against the government arising out of the incidental to or in connection with the operation covered by the contract.
The contractor shall at his own cost at the BSNL’s request defend any suit or other proceedings asserting claim
covered by this indemnity, but shall not settle, compound or compromise such suit or other findings without
consulting the GM (TELECOM).

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14. COMPLIANCE WITH LAWS AND REGULATIONS:

During the performance of the works, the contractor shall at his own cost and initiative fully comply with all
applicable laws of the land and with all applicable by-laws, rules, regulations and other and any other provisions
having the force of law, made or promulgated or deemed to be made or promulgated by any government,
government agency, or department, municipal board, government or other regulatory or authorized body of
persons and shall provide all certificates of compliance therewith as may be required by such applicable law, by-
laws and rules, regulations and orders. The contractor shall assume full responsibility for the payment of all
contributions and payroll taxes, as to its workforce, servants or agents engaged in the performance of the work
specified in the contract documents. Subject to the provisions of the Contract Labour (Abolition and Regulations)
Act 1970, the Contractor shall not commence actual work unless he produces a receipt from the concerned
licensing authority that he has applied for license from the prescribed licensing authority, which may be produced
within the period of FIFTEEN DAYS of the commencement of the work.

15. OPTIONAL TERMINATION BY GM (TELECOM) OTHER THAN DUE TO DEFAULT OF CONTRACTORS

(1) The GM (TELECOM) may, at any time, at his option, cancel and terminate this contract by written notice to
the contractor (SEVEN DAYS NOTICE), in which event, the contractor shall be entitled to payment for the
work done up to the date of such cancellation.
(2) In the event of termination of the contract, the contractor shall forthwith clear the site of all the contractors’
materials, machinery and equipments and handover possession of the work / operation concerned to the
GM (TELECOM) or as the GM (TELECOM) may direct.
16. TAXES AND DUTIES:
a) The contractor shall pay all rates, levies, fees, royalties, taxes and duties payable or arising from out of by
virtue or in connection with and / or incidental to the contract or any of the obligations of the parties in terms of
the contract documents and / or in respect of the works / operations. If GST is applicable, the contractor is liable
to pay the same on regular basis to Central Excise Department as per rules in force from time to time. The
subsequent bills should accompany a declaration to this effect for having made the payment of taxes & produce
documentary proof. The rates quoted in the price schedule in the BOQ format (Annexure-VIII) have to be
exclusive of service Tax subjected to the following:

b)In case of reduction of taxes and other statutory duties during the tender period GM (TELECOM), shall take the
benefit of decreasing these taxes / duties for the contractors made from the date of enactment of revised duties
/ taxes.
c) In case of increase in duties / taxes, during the tender period, the GM (TELECOM)) shall revise the wages, as
per the new duties / taxes, to the contractors.
d)All the disputes with ESI / EPF payments in respect of labour engaged shall be settled by the contractor.
17. WORKMEN’S COMPENSATION:
In every case, in which by virtue of the provisions of Sec.12 (Sub section II) of the Workmen compensation Act
1923, PGM/GM (TELECOM) is obliged to pay compensation to a workforce engaged by the contractor, in
execution of the works, PGM/GM (TELECOM) will recover from the contractor, the amount of the compensation,
so paid and without prejudice in the rights of the PGM/GM (TELECOM) under Sec.12 (II) of the said act.
Government shall be at the liberty to recover such amount or may part thereof by deducting from the security
deposit or from any sum due by the PGM/GM (TELECOM)to the contractor whether under this Act or otherwise,
PGM/GM (TELECOM) shall not be bound to contest any claim made against it under Section 12 (II) of the said

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act except on the written request of the contractor and upon his giving to PGM/GM (TELECOM), full security for
all costs for which government may become liable in consequence of contesting such claim.
18. LABOUR WELFARE:
In every case by virtue of the provisions of the Contract Labour(Regulations and Abolitions) Act 1970 and of the
Contract labour (Regulations and Abolitions) Central Rules 1971, PGM/GM (TELECOM) is obliged to pay any
amount to work force engaged by the Contractor in execution of the works, or to incur any expenditure in
providing welfare and health amenities required to be provided under the above said Act and the Rules under
Clause 19 to 19 J and PWD – 8 under the CPWD contractors’ Labour Regulations, or under the rules framed by
the Government from time to time for the protection of health and sanitary arrangements for the workforce recover
from the Contractor, the amount of wages so paid or the amount of expenditure so incurred and without prejudice
to the rights of the PGM/ GM (TELECOM) under Section-20, subsection (2) and section (21), subsection (4) of
the Contract Labour (Regulation and Abolition) Act, 1970.
PGM/GM (TELECOM) shall be at liberty to recover such amount or any part thereof by deducting it from the
security deposit or from any sum due by PGM/GM (TELECOM) to the contractor whether under this agreement
or otherwise, PGM/GM (TELECOM) shall not be bound to contest any claim made against it under section 2,
subsection (I) and section 21, subsection (4) of the said act, except on the written request of the contractor and
upon giving to the PGM/GM (TELECOM) full security for all cost for which PGM/GM (TELECOM)might become
liable in contesting such claim.
The contractor shall obtain a valid license under the Contract Labour (R & A) Act, 1970 and the Contract Labour
(Regulation and Abolition) Central Rules, 1971 before the commencement of the job and continue to have a
valid license until the completion of the job. Any failure to fulfill this requirement shall attract the penal provisions
of the Contract arising out of the resultant non- execution of the job. No labour below the age of EIGHTEEN
YEARS shall be engaged on the job as notified by labour commissioner under minimum wages Act 1948.

19. PAYMENT TERMS:

19.1 The bidder should submit the invoice to the officer in-charge of the cluster on receipt of performa
Invoice generated from BSNL IT System. The Tax Invoices are to be submitted by bidder in triplicate.
19.2 The charges for provision of new Landline shall be based on the number of new landline provision
during the month. Maintenance charges for the new connections shall be payable from the new
calendar month after 90 days of date of installation (for connections provided in January’2019 month
will be counted from 1-5-2019 for maintenance calculation).
19.3 For the purpose of invoice preparation, Number of working connections in a cluster shall be calculated
taking the average of working connections on the first and last day of the month.
19.4 Two performa Invoices will be genereated i.e. IV-1: Invoice Performa for Maintenance Charges and
IV-2 : Invoice Performa for Provisioning Charges
19.5 90% of the payment of the monthly invoices shall be paid on submission of Invoices by the bidder and
Balance 10% after 30 days from the payment of 90% of Invoice.
19.6 Tax Invoices payment through Electronic Clearance Scheme (ECS) only. The contractor should
submit the mandate form for this purpose along with the Agreement while entering into the Contract.
19.7 The security deposit with the BSNL be considered for adjustment against penalties, any other
statutory levies and any loss to BSNL properties, if any reported, at the time of final conclusion of the

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contract and final settlement of account.

Note: - All statutory taxes as applicable shall be deducted at source before payment.

List of Documents to be submitted along with the monthly invoice are as shown below.
1) Online generated combined Paid challans of ESI/EPF for the previous month which are duly tallied
with payments made in the previous month, if applicable..
2) Annual / Half Yearly returns of EPF / ESI if applicable.
3) GST payment details of previous month.

20. PENALTY :

Penalties will be levied on monthly KPIs

KPI SLA Penalty

Fault Clearance 95% in 24 hrs. 0.2% of invoice value for each 1% of slippage.
MTTR 12 Hrs. 0.3% of invoice value for each hour of slippage ( rounded off)
MTTR 8 Hrs. 0.5% of invoice value for each hour of slippage ( rounded off)
MTTR 4 Hrs. 1.0 % of invoice value for each hour of slippage ( rounded
off)
MTTR 3 Hrs. 1.33% of invoice value for each hour of slippage ( rounded
off)
Repeat fault 10% 0.5% of invoice value for each 1% of slippage (pro-rata
basis).
New connection provisioning LL or BB 3 days Rs.25/- per day delay (max.Rs.100/-for each connection) for
each connection.
Provisioning BB on existing LL 2 days Rs.25/- per day delay (max.Rs.100/-for each connection) for
each connection.
Provisioning of new ISDN PRI/SIP 3 days Rs.50/- per day delay (max.Rs.200/-for each connection) for
Trunk/Leased Circuits or any other each connection.
services on customer Access NW
a) The contract will be terminated with PBG forfeiture for consecutive 3 months non-performance on failure to
meet all the SLAs i.e. MTTR, Provisioning, fault clearance and repeat faults parameters. Notice to be served
for non-performance in 1st month, 2nd month and 3rd month before final termination.
b) In case partial SLAs are met then also it is liable for termination. However, EOI/Tender accepting authority
reserves the right to grant any relief in action for termination considering the circumstances/nature on the
appeal made by the bidder if one or more parameter are met.
c) Total penalties for network maintenance shall be capped at 15% of invoice value of maintenance work.
However penalty for delay in new provisioning will be levied as per actual and shall be in addition to penalties
for network maintenance.
21. SET-OFF CLAUSE

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Any sum of money due and payable to the contractor (including security deposit refundable to him) under
this contract may be appropriated by the PGM/GM (TELECOM)or any other person or persons contracting
through the PGM/GM (TELECOM),_______ India and set off the same against any claim of the PGM/GM
(TELECOM) or such other person or persons for payment of a sum of money arising out of this contract or
under any other contract made by the contractor with the PGM/GM (TELECOM) or such other person or
persons contracting through PGM/GM (TELECOM), ______.
22.DISPUTES AND ARBITRATION
Any type of dispute which the contractor wants to raise should be raised within TEN DAYS from the date of
submission of bill for payment. If no dispute is raised within the stipulated time, then it is considered that there is
no dispute from the contractors’ side and the payment will be settled within 30 days. The contractor shall raise
no dispute for the period for which payment is already made. However, disputes regarding clerical mistakes
committed while settling the bills shall be raised at any time. All disputes arising between the contractor and the
officer in charge out of this contract shall be referred to the sole arbitrator, i.e. the General Manager (TELECOM)
or an officer appointed by him on his behalf whose decision will be final and binding on both the parties, within
the jurisdiction of General Manager (TELECOM), ________

23. COURT JURISDICTION

a) Any dispute arising out of the Tender / Bid document / Evaluation of Bids shall be subject to the jurisdiction of
the competent Court at ______SSA only.
b) Where a contractor has not agreed to arbitration, the dispute/claims arising out of the Contract / WO entered
with him shall be subject to the jurisdiction of the Competent Court at _______ only.
24. MISCELLANEOUS:
The contractor should agree that the personnel so deployed on a contract basis and for all practical purposes the
employees of the contractor and they will not be entitled for any of the privileges and benefits enjoyed by the
employees of BSNL. The work force so deployed, will have no claim, directly or indirectly for regular employment
or service conditions and any other benefits available to the employees of BSNL.
25. FORCE MAJEURE Clause

a) If at any time, during the continuance of this Contract, the performance in whole or in part by either party of any
obligation under this Contract be prevented or delayed by reason of
i) Any war or hostility. ii) Acts of public enemy, civil commotion, sabotage, explosions.
ii) Effects of flood, epidemics, quarantine restrictions, freight e m b a r g o e s .
iii) General strikes, Bandhs.
iv) Acts of God.
Hereinafter referred to as EVENT, neither party shall, by reason of such EVENT, be entitled to terminate this
Contract, nor shall any party have any claim to the damages against the other in respect of such non-
performance or delay in performance, provided that notice of happening, of any such EVENT is given by
either party to the other within 7 (seven) days from the date of occurrence of the EVENT.
b) If a Force Majeure EVENT occurs, the supplier shall promptly notify BSNL TELECOM in writing of such
conditions and the case thereof. Unless otherwise directed by BSNL TELECOM in writing, the supplier shall
continue to perform its obligations under the contract as far as reasonably practicable and shall seek all
reasonable alternative means for performance not prevented by the Force Majeure EVENT.
c) Expected Work and deliveries under this Contract shall resume as soon as practicable after such EVENT

Read, Understood & Complied Page 55 of 103

Signature of the Vendor

 SAMPLE BID DOCUMENT

comes to an end or ceases to exist. The decision of the PGM/GM (TELECOM), BSNL, KTK Circle as to
whether the situation has become normal or not, shall be final and conclusive.
d) If the performance in whole or part of any obligation under this Contract is prevented or delayed by reason of
any such EVENT for a period exceeding 60 (sixty) days, either party may, at his option, terminate this
Contract.

26. TERMINATION AND BLACKLISTING.

a) The BSNL reserves the right, without prejudice to any other remedy for breach of contract, by written notice of 14
days for default, sent to the Company; terminate this contract in whole or in part without any liability.

b) If the contractor fails to provide maintenance services for external plant services as per contract or fails to perform
any obligation(s) under the Contract or is penalized repeatedly for more than three instances in a set of three
consecutive months.

c) If the contractor in either of the above circumstances, does not remedy his failure within a period of 7 days (or such
longer period as the BSNL may authorize in writing) after receipt of the default notice from the BSNL.
d) If the contractor becomes bankrupt or otherwise insolvent as declared by the competent court provided that such
termination will not prejudice or affect any right of action or remedy, which has accrued or will accrue thereafter to the
BSNL.
e) If the contractor fails to maintain a reasonable performance on providing maintenance services for external plant
services over a reasonable period of time (3 months) then BSNL reserves the right to terminate its contract with the
firm
f) In the event of firm/contractor fails to provide maintenance services for external plant services continuously for seven
days, BSNL reserves the right to terminate the contract with the firm/contractor and also reserves the right to hire
maintenance services for external plant services from a new agency at the risk and cost of the firm/contractor. In
doing so, BSNL shall be able to recover the difference of amounts being paid to this new agency and the ones paid
to the firm/contractor for similar services without prejudicing its right to take any other action as contained in the
tender document.
g)In addition to the above clauses, BSNL reserves the right to terminate and blacklist the firm/contractor for breach of
any contractual obligations of this tender. However delay attributable to BSNL shall be e x c l u d e d .

Read, Understood & Complied Page 56 of 103

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 SECTION-6 Part A
UNDERTAKING & DECLARATION

For understanding the terms & conditions of Tender & Specifications of work.

a) Certified that:

1. I / We ……………………………………. have read, understood and agree with all the terms and
conditions, specifications included in the tender documents & offer to execute the work at the
rates quoted by us in the tender form.

2. If I / We fail to enter into the agreement & commence the work in time, the EMD / SD deposited
by us will stand forfeited to the BSNL.

b) The tenderer hereby covenants and declares that:

1. All the information, Documents, Photo copies of the Documents / Certificates enclosed along
with the Tender offer are correct.

2. If anything is found false and / or incorrect and/or reveals any suppression of fact at any time,
BSNL reserves the right to debar our tender offer / cancel the LOA / work order if issued and
forfeit the EMD / SD / Bill amount pending with BSNL. In addition, BSNL may debar the
contractor from participation in its future tenders.

Date: ……………
Signature of Tenderer

Place: …………… Name of Tenderer ……………………

Along with date & Seal

Read, understood & compiled 57 of 103

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 MAINTENANCE SERVICES FOR EXTERNAL PLANT SERVICES
SECTION-6 PART B

NEAR-RELATIONSHIP CERTIFICATE:

(Format of the Certificate to be given as per the Clause 33.4 of Section-4 Part-A by the bidder in respect of status
of employment of his / her near relation in BSNL)

The format of the certificate to be given is "I…………..s/o…….……r/o……………..hereby certify that none of my

relative(s) as defined in the tender document is / are employed in BSNL unit as per details given in tender
document. In case at any stage, it is found that the information given by me is false / incorrect, BSNL shall have
the absolute right to take any action as deemed fit / without any prior intimation to me."

Signature of the tenderer

With date and seal

Read, understood & compiled 58 of 103

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 MAINTENANCE SERVICES FOR EXTERNAL PLANT SERVICES
SECTION- 7

PROFORMAS

Section-7 Part A

PROFORMA FOR THE BIDSECURITY / EMD GUARANTEE

(To be typed on Rs.100/- non-judicial stamp paper)

Sub: Bid Security / EMD guarantee.

Whereas M/s …………………………… R/o ……………… ………… ……………………………………… (Hereafter
referred to as Bidder) has approached us for giving Bank Guarantee of Rs. ……………………/- (hereafter known
as the “B. G. Amount”) valid up to …../……/ 2019….. (Hereafter known as the “Validity date”) in favour of DGM
(SSA ____)(Hereafter referred to as BSNL) for participation in the tender of work of
…………………………………………….. Vide tender no. ………………………………….
Now at the request of the Bidder, We ……………………………………… Bank …………………………Branch
having ………………………………………… ………. .……………………………………. (Address) and Regd. office
address as ……… ………...……………………………………………………………………… ……… ………
…………… (Hereinafter called ‘the Bank”) agrees to give this guarantee as hereinafter contained:
2. We the Bank do hereby undertake to pay the amounts due and payable under this guarantee without any
demur, merely on a demand from the BSNL stating that the amount claimed is due by way of loss or
damage caused to or would be caused to or suffered by the BSNL by reason of breach by the said
bidder(s) of any of terms or conditions contained in the said Agreement or by reason of the bidder (s)
failure to perform the said Agreement. Any such demand made on the bank shall be conclusive as regards
the amount due and payable by the Bank under this guarantee where the decision of the BSNL in these
counts shall be final and binding on the bank. However, our liability under this guarantee shall be restricted
to an amount not exceeding the “B. G. Amount”.

3. We undertake to pay to the BSNL any money so demanded notwithstanding any dispute or disputes raised
by the bidder(s) in any suit or proceeding before any court or tribunal relating thereto our liability under this
present being absolute and unequivocal. The Payment so made by us under this bond shall be valid
discharge of our liability for payment there under and the bidder(s) shall have no claim against us for
making such payment.

4. We the Bank further agree that the guarantee herein contained shall remain in full force and effect during
the period that would be taken for the performance of the said agreement and that it shall continue to be
enforceable till all the dues of the BSNL under or by virtue of the said Agreement have been fully paid and
its claims satisfied or discharged or till BSNL Certifies that the terms and conditions of the said Agreement
have been fully and properly carried out by the said bidder(s) and accordingly discharge this guarantee.
Unless a demand or claim under this guarantee is made on us in writing or before the expiry of Validity
date from the date hereof, we shall be discharged from all liability under this guarantee thereafter.

5. We the Bank further agree with the BSNL that the BSNL shall have the fullest liberty without our consent
and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of
the said Agreement or to extend time of performance by the said bidder(s) from time to time or to postpone
for any time or from time to time any of the powers exercisable by the BSNL against the said bidder(s) and
to forbear or enforce any of the terms and conditions relating to the said agreement and we shall not be
relieved from our liability by reason of any such variation, or extension being granted to the said Bidder(s)
or for any forbearance, act or omission on the part of the BSNL or any indulgence by the BSNL to the said

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 MAINTENANCE SERVICES FOR EXTERNAL PLANT SERVICES
bidder(s) or by any such matter or thing whatsoever which under the law relating to sureties would, but for
this provision, have effect of so relieving us.

6. Notwithstanding anything herein contained ;

(a) The liability of the Bank under this guarantee is restricted to the “B. G. Amount” and it will remain in
force up to its Validity date specified above.
(b) The guarantee shall stand completely discharged and all rights of the BSNL under this Guarantee
shall be extinguished if no claim or demand is made on us in writing on or before its validity date.
7. In case BSNL demands for any money under this bank guarantee, the same shall be paid through
banker’s Cheque in favour of “AO (Cash) __SSA” payable at _______
8. The Bank guarantees that the below mentioned officer who have signed it on behalf of the Bank have
authority to give this guarantee under its delegated power.

Place:……………………………
Date: ………………………….. (Signature of the Bank Officer)
Rubber stamp of the bank
Authorized Power of Attorney Number: ……………….
Name of the Bank officer: ……………………………..
Designation: ……………………………………
Complete Postal address of Bank: ……………………
Telephone Numbers …………………/ FAX Nos.…………....

Read, understood & compiled 60 of 103

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 MAINTENANCE SERVICES FOR EXTERNAL PLANT SERVICES
SECTION – 7 PART B

PROFORMA FOR THE PERFORMANCE GUARANTEE

(To be typed on Rs.100/- non-judicial stamp paper)

Dated…
Sub: Performance guarantee.
Whereas _____ SSA R/o …………………………..………… ………………….. (Hereafter referred to as BSNL) has
issued an AWO no. …………..………. Dated ……/……/ 2019….. Awarding the work of …………… …… …
………………………………….. to M/s …………………..…………………………… R/o
………………………………………………………………… (Hereafter referred to as “Bidder”) and BSNL has asked
him to submit a performance guarantee in favour of _____ SSA of Rs.. ./- (hereafter referred to as “P.G.
Amount”) valid up to ……/……/ 2019……… (Hereafter referred to as “Validity Date”)
Now at the request of the Bidder, We ……………………………………… Bank …………………………Branch
having ……………………..…………………… ………. .……………………………………. (Address) and Regd.
office address as ……… ………...……………………………………………………………………… ……… ………
…………… (Hereinafter called ‘the Bank”) agreed to give this guarantee as hereinafter contained:

2. We, “the Bank” do hereby undertake and assure to the BSNL that if in the opinion of the BSNL, the
Bidder has in any way failed to observe or perform the terms and conditions of the said agreement or has
committed any breach of its obligations there-under, the Bank shall on demand and without any objection
or demur pay to the BSNL the said sum limited to P.G. Amount or such lesser amount as BSNL may
demand without requiring BSNL to have recourse to any legal remedy that may be available to it to
compel the Bank to pay the same.

3. Any such demand from the BSNL shall be conclusive as regards the liability of Bidder to pay to BSNL or
as regards the amount payable by the Bank under this guarantee. The Bank shall not be entitled to
withhold payment on the ground that the Bidder had disputed its liability to pay or has disputed the
quantum of the amount or that any arbitration proceeding or legal proceeding is pending between Bidder
and BSNL regarding the claim.

4. We, the Bank further agree that the guarantee shall come into force from the date of its issue and shall
remain in full force and effect up to its Validity date.
5. The Bank further agrees that the BSNL shall have the fullest liberty without the consent of the Bank and
without affecting in any way the obligations hereunder to vary any of the terms and conditions of the said
agreement or to extend the time for performance of the said agreement from any of the powers
exercisable by BSNL against the Bidder and to forebear to enforce any of the terms and conditions
relating to the said agreement and the Bank shall not be relieved from its liability by reason of such failure
or extension being granted to Bidder or through any forbearance, act or omission on the part of BSNL or
any indulgence by BSNL to Bidder or any other matter or thing whatsoever which under the law relating
to sureties would but for this provision have the effect of relieving or discharging the guarantor.
6. Notwithstanding anything herein contained ;
(a) The liability of the Bank under this guarantee is restricted to the P.G. Amount and it will remain in
force up to its Validity date.
(b) The guarantee shall stand completely discharged and all rights of the BSNL under this
Guarantee shall be extinguished if no claim or demand is made on us in writing on or before its
validity date.
7. In case BSNL demands for any money under this bank guarantee, the same shall be paid through
banker’s Cheque in favour of “AO (Cash) BSNL” payable at _______.

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 MAINTENANCE SERVICES FOR EXTERNAL PLANT SERVICES
8. The Bank guarantees that the below mentioned officer who have signed it on behalf of the Bank have
authority to give this guarantee under its delegated power.

Place:……………………………

Date: ………………………….. (Signature of the Bank Officer)

Rubber stamp of the bank

Authorized Power of Attorney Number: ……………….

Name of the Bank officer: ……………………………..
Designation: ……………………………………
Complete Postal address of Bank: ……………………
………..………………………………………………………
Telephone Numbers ……………………………..
Fax numbers………………………………

Read, understood & compiled 62 of 103

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 MAINTENANCE SERVICES FOR EXTERNAL PLANT SERVICES
SECTION-7 PART C

LETTER OF AUTHORIZATION FOR ATTENDING BID OPENING EVENT.

(To be typed preferably on letter head of the company)

Subject: Authorization for attending Bid opening

I / We Mr. / Ms. …………………………………….. have submitted our bid for the tender no.
………………………….……… in respect of …………………… …………………………………………………………..
(Item of work) which is due to open on …………………. (Date) in the Meeting Room, O/o
………………………………………………………………………………….

We hereby authorize Mr. / Ms. ………………………………& Mr. / Ms…………….………… (Alternative) whose

signatures are attested below, to attend the bid opening for the tender mentioned above on our behalf.
…………………………………….
Signature of the Representative
…………………………………Signature of Bidder / Officer authorized to sign
Name of the Representative on behalf of the Bidder
…………………………………….
Signature of the alternative Representative
…………………………………………..
Name of the alternative Representative

Above Signatures Attested

Note 1: Only one representative will be permitted to attend the Bid opening

2. Permission for entry to the hall where bids are opened may be refused in case authorization as
prescribed above is not received.

Read, understood & compiled 63 of 103

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 MAINTENANCE SERVICES FOR EXTERNAL PLANT SERVICES
SECTION -7 PART D
MODEL AMENDMENT LETTER INTIMATING CONDITIONS FOR EXTENSION OF DELIVERY PERIOD
(Refer to Appendix (i) to Clause 15.3 of Section-5 Part A)
Registered A Due
Address of the Hirer
--------------------------------
--------------------------------
To

M/s ………………………………..
………………………………………
Sub: This office contract no………….. Dated …………. placed on you for supply of
…………………………………………………………………….
Ref :Your letter no……………………………… dated ……………….
We are in receipt of your letter, wherein you have asked for extension/ further extension of time for delivery /
execution / installation/ commissioning.
In view of the circumstances stated in your above referred letter, the time of delivery can be extended from
_______ (original / last delivery period) to ____________ (presently agreed delivery period) subject to your
unconditional acceptance of the following terms and conditions:

1. That, liquidated damages shall be levied in accordance with agreed Clause 16.2 & 16.3 Section-5 Part A
of terms and conditions of the tender / WO.
2. That, notwithstanding any stipulation in the contract for increase in price on any ground, no such
increase, whatsoever, which takes place after current last date of Delivery shall be admissible on such of
the said Services as are delivered after the said date as per Clause 12 Section-5 Part A.
3. That, the prices during this extended delivery period shall be provisional and shall be governed as per
agreed Clauses 12 and 24 of Section 5 Part A and shall be finalized in accordance with the current WO
price or the current WO price with latest budget/ duty impact or the prices in the new tender (T.E. no.
………..) From the date of its opening, on whichever is lower basis.
4. An additional BG of Rs._____in accordance with Clause 15.3, Section- 5PartA of the contract with
validity up to _______.
5. An undertaking as required vide Clause 24.3, Section-5A. Otherwise furnish the details as requisite in
Clause 24.4 Section 5 Part A”
Please intimate your acceptance of this letter along with the additional BG within ten days of the issue of this
letter failing which the contract will be cancelled at your risk and expense without any further reference to you.
This letter shall form part and parcel of the agreement/ contract / AWO / WO and all other terms & conditions of
the contract remain unaltered.
Yours faithfully,
(………………………)
For and on behalf of………..
Note: The entries which are not applicable for the case under consideration are to be deleted.

Read, understood & compiled 64 of 103

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 MAINTENANCE SERVICES FOR EXTERNAL PLANT SERVICES
SECTION -7 PART E
MODEL AMENDMENT LETTER FOR EXTENSION OF DELIVERY PERIOD
Appendix (ii) to Clause 15.3 of Section-5 Part A
Registered Acknowledgement Due
Address of the Hirer
--------------------------------
--------------------------------
To
M/s ………………………………..
………………………………………
Sub: This office contract no………….. Dated …………. placed on you for supply of ………………
Ref : 1. Your letter no……………………………… dated ………………. requesting DP extension
2. This office letter no. ……………… dated ……… intimating conditions for DP extension
3. Your letter no………………….. Dated …………. accepting the conditions for DP extension
In your above letter under reference (1), you have asked for extension / further extension of time for delivery /
execution / installation / commissioning. The terms and conditions for extension of delivery period were conveyed
to you vide this office letter under reference (2).
In view of the circumstances stated in your above referred letter, and upon your unconditional acceptance of the
terms and conditions of this extension vide your letter under reference (3), the time of delivery is hereby extended
from _______ (last delivery period) to ____________ (presently agreed delivery period) on the terms and
conditions in letter under reference (2) above and agreed by you vide letter under reference (3) i.e.:
(a) Liquidated damages shall be levied in accordance with agreed Clause 16.2 & 16.3 Section-5 Part A of
terms and conditions of the tender / WO.
(b) Notwithstanding any stipulation in the contract for increase in price on any ground, no such increase,
whatsoever, which takes place after current last date of Delivery/ completion of work shall be admissible
on such of the said Services as are delivered after the said date as per Clause 12 Section-5 Part A.
(c) The prices during this extended delivery period shall be governed as per Clauses 12 and 24 of Section-5
Part A and shall be finalized in accordance with current WO price or the current WO price with latest
budget / duty impact or the prices in the new tender (T.E. no. ………..) From the date of its opening, on
whichever is lower basis.
The letters under reference above and this letter shall form part and parcel of agreement/ contract / AWO / WO
and all other terms & conditions of the contract remain unaltered.
Yours faithfully
(………………………)
for and on behalf of………..
Copy to :
…………………..
…………………..
(All concerned)
Note:- The entries which are not applicable for the case under consideration are to be deleted.

Read, understood & compiled 65 of 103

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 MAINTENANCE SERVICES FOR EXTERNAL PLANT SERVICES

SECTION – 7 (F)

NO DEVIATION STATEMENT

Sl
No CLAUSES COMPLIANCE

(A) (B) (C)

All clauses of General Commercial Conditions of Section-5 Part-A and NO DEVIATION
1 Section 5 Part B
All clauses of Technical Specification of Section-3 Part-A and Section NO DEVIATION
2 3 Part B

Signature of the tenderer

Read, understood & compiled 66 of 103

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 MAINTENANCE SERVICES FOR EXTERNAL PLANT SERVICES
ANNEXURE-A (CLAUSE BY CLAUSE COMPLIANCE)
SECTION-3
COMPLIANCE TO SCOPE OF WORK
SL.NO DESCRIPTION COMPLIANCE
1 SCOPE OF WORK

SECTION-4 PART-A
COMPLIANCE TO GENERAL INSTRUCTIONS TO BIDDERS (GIB)
Sl.No DESCRIPTION COMPLIANCE
1.0 DEFINITIONS
2.0 ELIGIBILITY CONDITIONS
3.0 COST OF BIDDING ( 3.1)
4.0 DOCUMENTS REQUIRED (4.1 to 4.2)
5.0 CLARIFICATION OF BID DOCUMENTS (5.1 to 5.2)
6.0 AMENDMENT OF BID DOCUMENTS ( 6.1 to 6.3)
7.0 DOCUMENTS COMPRISING BID ( a to d)
8.0 BID FORM
9.0 BID PRICES (9.1 to 9.3)
10.0 DOCUMENTS ESTABLISHING BIDDER'S ELIGIBILITY AND QULIFICTION
10.1 Clauses (a) to (k)
10.2 Clauses (a) & ( b)
DOCUMENTS ESTABLISHING SERVICES CONFORMITY TO BID
11.0 DOCUMENTS (11.1 and 11.2)
12.0 BID SECURITY / EMD ( 12.1 , 12.3 to 12.7)
12.2 Clauses (a) to (d)
13.0 PERIOD OF VALIDITY OF BIDS (13.1 and 13.2)
14.0 FORMAT AND SIGNING OF BID ( 14.1 and 14.2)
14.3 POWER OF ATTORNEY ( clauses a to d)
15.0 SEALING AND MARKING OF BIDS
15.1 Clauses 15.1.1 to 15.1.3
15.2 Clauses a to e
15.3
16.0 SUBMISSION OF BIDS ( 16.1 to 16.3)
17.0 LATE BIDS
18.0 MODIFICATION AND WITHDRAWL OF BIDS
18.1
18.2
18.3
19.0 OPENING OF BIDS BY HIRER
19.1
19.2
19.3
19.4
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20.0 CLARIFICATION OF BIDS
20.1
20.2
21.0 PRELIMINARY EVALUATION
21.1
21.2
21.3
21.4
21.5
21.6
22.0 EVALUATION AND COMPARISION OF SUBSTANIALLY RESPONSIVE BIDS
22.1
22.2
23.0 CONTACTING THE HIRER
23.1
23.2
24.0 PLACEMENT OF ORDER
24.1
24.2
24.3
24.4
25.0 HIRER'S RIGHT TO VARY QUANTITIES
26.0 PURCHASR'S RIGHT TO ACCEPT ANY BID AND REJECT ANY OR ALL BIDS
27.0 ISSUE OF ADVANCE WORK ORDER
27.1
27.2
27.3
27.4
28.0 SIGNING OF CONTRACT
28.1
28.2
29.0 ANNULMENT OF AWARD
30.0 REJECTION OF BIDS
30.1
30.2
30.3
30.4
30.5
31.0 NEAR- RELATIONSHIP CERTIFICATE
31.1
31.2
31.3

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31.4
32.0 VERIFICATION OF DOCUMENTS AND CERTIFICATES
33.0 SECURITY CLAUSE AS PER LATEST GUIDELINES AND REQUIREMWNT
34.0 RESERVATION/PROCUREMENT FROM MSE UNITS
SECTION-4 PART B
COMPLIANCE TO SPECIAL INSTRUCTIONS TO BIDDERS
SLNO DESCRIPTION COMPLIANCE
1 ELIGIBILITY CONDITIONS
2 BID SECURITY / EMD
3 DISTRIBUTION QUANTITY
4
5
6
7
8
9
10
11
12
12.1
12.2
12.3
12.4
12.5
13
13.1
13.2
13.3
13.4
13.5
SECTION-4 PART C
COMPLIANCE TO E-TENDERING INSTRUCTIONS TO BIDDERS
SLNO DESCRIPTION COMPLIANCE
INSTRUCTIONS
1 GENERAL
2
3
4
5
6
7
8
9
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 MAINTENANCE SERVICES FOR EXTERNAL PLANT SERVICES
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27 BID RELATED INFORMATION FOR THIS TENDER(SEALED BID)
28 OFFLINE SUBMISSION
30 SPECIAL NOTE IN SECURITY BID
SECTION-5 PART-A
COMPIANCE TO GENERAL(COMMERCIAL)CONDITIONS OF CONTRACT
SLNO DESCRIPTION COMPLIANCE
1 TENDER FILLING UP AND SUBMISSION
2 ELIGIBILITY AND TENDER PROCESS
3 TENDER OPENING AND EVALUATION
4 BID VALIDITY
5 PRICE VALIDITY
6 SCOPE OF THE TENDER
7 SEALING AND MARKING
8.0 SUBMISSION OF E-TENDER DOCUMENT
8.1
9 TENDER OPENING DATE AND VENUE
10 EARNEST MONEY DEPOSIT
11 TENDER ACCEPT AND REJECTION
12 SECURITY DEPOSIT
13 OPENING OF TECHNICAL BIDS
14 CLARIFICATION OF BID
15 OPENING OF FINANCIAL BID DETAILED EVALUATION
16 FORFEITURE OF EMD / SD
17 AWARD OF CONTRACT
18 CONTRACTOR’S PARTY
19 APPLICATION
Read, understood & compiled 70 of 103

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20.0 PERFORMANCE SECURITY
20.1
20.2
20.3
20.4
21.0 PAYMENT TERMS
21.1
21.2
21.3
21.4
22.0 TAX INDEMNTY CLAUSE
23.0 ARBITRATION
23.1
23.2
24.0 SET OFF
25.0 COURT JURISICTION
25.1
25.2
26.0 GENERAL GUIDELINES
27.0 GST INVOICE
27.1
27.2
27.3
27.4
27.5
27.6
27.7
27.8
27.9
27.10
27.11
27.12
SECTION-5 PART-B
COMPIANCE TO SPECIAL(COMMERCIAL)CONDITIONS OF CONTRACT
1
2 CHANGES
3 PERIOD OF VALIDITY
4 INSURANCE
5 SUB CONTRACT
6 REPRESENTATIVE OF PGM/GM(TELECOM)
7 REPRESENTITIVE OF CONTRACTOR
8 QUALITY OF WORK
9 NOTIFICATION
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 MAINTENANCE SERVICES FOR EXTERNAL PLANT SERVICES
10 REFUND OF SECURITY DEPOSIT
11 INSPECTION BY PGM/GM(TELECOM)
12 PROTECTION OF LIFE AND PROPERTY AND EXISTING FACILITIES
13 INDEMNITIES
14 COMPLIANCE WITH LAWS AND REGULATION

OPTIONAL TERMINATION BY PGM/GM(TELECOM) OTHERTHAN DUE TO

15 DEFAULT OF CONTRACTORS
16 TAXES AND DUTIES
17 WORKMENS COMPENSATION
18 LABOUR WELFARE
19 FAIR WAGES
20 THERE WELFAREMEASURES FOR WORK FORCE
21 PARTNERSHIP FIRM
22 PAYMENT TERMS
23 PENALTY
24 SET OFF CLAUSE
25 DISPUTES AND ARBITRATION
26 COURT JURISDICTION
27 MISALANEOUS
28 FORCE MAJEURE CLAUSE
29 TERMINATION AND BLACKLISTING

Read, understood & compiled 72 of 103

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 MAINTENANCE SERVICES FOR EXTERNAL PLANT SERVICES

SECTION- 8
Bidder’s Profile & Questionnaire.
Tenderer / Bidder’s Profile & Questionnaire
(To be filled in and submitted by the bidder)
A) Tenderer’s Profile
1. Name of the Individual / Firm: ………………………………………………
2. Present Correspondence Address…………………………..………………
…………..…………………………………………………………………………
…………………………..…………………………………………………………
Telephone No. …………………………….. Mobile No. ………………………... FAX No.
…………………………………………………………………………
3. Address of place of Works / Manufacture ……….…………….……………………………………………….
………………… ………………….………………………………………………………………………
Telephone No. ..……………………….. Mobile No. ……………………………
4. State the Type of Firm: Sole proprietor-ship/partnership firm / (Tick the correct choice): Private limited
company.
5. Name of the sole proprietor/ partners/ Director(s) of Pvt. Ltd Co.:

S. No. Name Father’s Name Designation

1.
2.
3.
4.
5.

6. Name of the person authorized to enter into and execute contract / agreement and the capacity in
which he is authorized (in case of partnership / Private Ltd Company):
………………………………………………………………………………………………………………………
…………..………………………………………………………….
7. Permanent Account No. :………………………………………………………
8. Details of the Bidder’s Bank for effecting e-payments:
(a) Beneficiary Bank Name:………………………………
(b) Beneficiary branch Name:…………………………….
(c) IFSC code of beneficiary Branch……………………..
(d) Beneficiary account No.:……………………………….
(e) Branch Serial No. (MICR No.):………………………...
9. Whether the firm has Office / works (i.e. manufacture of the tendered item) in Delhi If so state its
Address

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………………………………………………………………………………………………………………………
…………………………………………………
10. GSTN Registration Number(s) of all units/business place of the bidder vide which he intends to
Execute the contract, if awarded.
GSTN 1…………………..
GSTN 2…………………..
GSTN 3………………….. and so on

B) Questionnaire
1. Do you think any other detail / material is required to complete the work specified in the
specification? Yes / No.
1.1 If Yes, Give details
………………………………………………………………………………………
………………………………………………………………………………………
2. Do you think any other item of work need be included in tender form to complete the work specified
in the specification?Yes / No.
2.1 If Yes, Give details
………………………………………………………………………………………
………………………………………………………………………………………
3. Kindly indicate the maximum Quantity of tendered material which you are capable of supplying
within the scheduled delivery period.

Name of the tendered Item Qty that can be supplied by the firm within
scheduled delivery period.

4. Suggestion for improvement of the tender document.

……………………………………………………………………………………….
……………………………………………………………………………………….
…………………………………………………………………………………….
Place………………….
Signature of contractor ………………………
Date …………………. Name of Contractor ……………………………

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SECTION -9
Part-A
BID FORM
To From,
………………………………………….……………………………………….
<complete address of the Hirer> <complete address of the Bidder>
…………………………………………. …………………………………………
……………………………………… …………………………………………

Bidder’s Reference No:……………....………………… …Dated…………………….

Ref: Your Tender Enquiry No. …………………………………dated …………………

1. Having examined the above mentioned tender enquiry document including amendment / clarification /
addenda Nos. ...................... Dated …………….. ……………the receipt of which is hereby duly
acknowledged, we, the undersigned, offer to supply and deliver .............................................. in
conformity with the said drawings, conditions of contract and specifications for the sum shown in the
schedule of prices attached herewith and made part of the financial Bid.

2. Bid submitted by us is properly sealed and prepared so as to prevent any subsequent alteration and
replacement.

3. We agree to abide by this Bid for a period of ……….days from the date fixed for Bid opening or for
subsequently extended period, if any, agreed to by us. This bid shall remain binding upon us up to the
aforesaid period.

4. We understand that you are not bound to accept the lowest or any bid, you may receive.

5. If our Bid is accepted, we will provide you with a performance guarantee from a Scheduled Bank for
a sum @ 5% of the contract value for the due performance of the contract.

6. If our Bid is accepted, we undertake to complete delivery of all the items and perform all the
services specified in the contract in accordance with the delivery schedule specified in the Section-2
(Tender Information).

7. Until a formal Work Order of Contract is prepared and executed, this Bid together with your written
acceptance thereof in your notification of award shall constitute a binding contract between us.

Dated: ....... day of ................... 2019

Signature ………………………….

Witness Name ……………………………..

Signature…………………………. In the capacity of ………………………….

Name ……………………………..Duly authorized to sign the bid for and on

Address...................................... Behalf of..............................................

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SECTION -9,
Part -B
Price Schedule (to be quoted / filled by bidders)
(The price bid should be given in BOQ/given format only)
( Above or Below the Base Price )

Tender No: ……………………………………………………………………

1. Officer inviting Tender :

2 Brief description of work : As per section 3 scope of work of this tender

3 Name of the Bidder :

PART (a): VARIABLE CHARGES

Sl no SSA Name CLUSTER Working Base Price Per Quote % w. r. t Quote % w r t

NAME connections in Unit *Rs.35(Rs. Base price per unit Base price per unit
cluster ( LL+BB) Thirty Five Only) In figures (above In words (above or
as on 01.01.2020 or below in %) below in %)

*Excluding GST

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PART (b) : FIXED Defined Charges Criteria

Sl Type of maintenance work Basic Rate equivalent to

No (Units)

1 Monthly maintenance charges for each working LL without BB 1 unit

2 Monthly maintenance charges for each working LL with BB 1 unit +Rs.17/-
3 Monthly maintenance charges for each working ISDN PRI/Leased Circuits/SIP 1 unit +Rs.70/-
Trunk
4 MDF related work for each working lines (for cluster size <10K lines) 0.1
5 MDF related work for each working lines (for cluster size >10K lines) 0.07

Sl Type of Provisioning work Charges

No
1 Provision of New Land Line Rs.210/-
2 Provision of BB only (on existing Landline) Rs.105/-
3 Provision of New Broadband including new Landline Rs.280/-
4 Provisioning of ISDN PRI/Leased circuits/SIP Trunk on copper Rs.350/-

Date : Signature of the Tenderer

Note: Tenderer should submit the price offer in the PDF format given above only.
Information given at other places will not be considered.

Sample Calculation: attached in Annexure 14

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ANNEXURE-1
DECLARATION
( IN COMPANY’S LETTER HEAD)

(IN CASE OF PARTNERSHIP FIRM PROPRIETOR OF FIRM/ COMPANY)

DECLARATION
I, --------------------------- son of / wife of Shri------------------------------------------
---- ------------------------ and proprietor / Director/ partner of M /s. --------------------
---------------------------------------------- do hereby solemnly affirm and declare as under:

1. That I am the sole Prop. / Partner / Director of M/s. -----------------------------has never ever been
Debarred and / or blacklisted by any Dept. of Central Govt. / State
Govt./ PSU / Public bodies / Municipalities and not having any ongoing litigation or court case
pending or any other money suits also state that the bid is not submitted in the name of this firm,
while being Director or partner or proprietor of such firm which is either debarred, black-listed or
has entertained litigation or having ongoing litigation or court cases or money suits pending
regarding the failure for supply of Services.

2. In case the above declaration is found to be incorrect or wrong, the contract if awarded to the firm
shall be terminated immediately and the firm shall be liable to the black listed / debarred for future
works / contract with BSNL. Any such action however be without prejudice to BSNL’s rights under
the law.

The above declarations are given in accordance with the NIT conditions.

Signature of Proprietor / Partner / Director

(Shri / Smt. / Ms------------------------------)

Note: The signatory should not affect any variation in the text of declaration. Declaration in any other
form shall not be acceptable and render the bidder for penal action as decided by competent
authority.

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ANNEXURE – 2
RTGS/ NEFT/ MANDATE FORM FOR VENDOR CREATION

1. Vendor Name :
2. Vendor code (if available) :
3. Permanent Account Number (PAN) :
4. Particulars of Bank Account :
a. Name of the Bank :
b. Name of the Branch :
c. Branch Code :
d. City Name :
e. Branch Address :
f. Branch Telephone No. :
g. Bank Branch IFSC Code :
h. 9 Digit MICR Code :
i. Type of Account :
(S.B. Current or Cash credit specify code )
j. Account :
5. Vendor’s E-mail Address :
6. Vendor’s Authorized Signatory- Name :
7. Vendor’s Contract person Name :
I / We hereby declare that the particulars given above are correct and complete. If the transaction is
delayed or lost because of incomplete or incorrect information, we would not hold the company responsible.

DATE: Authorized Signatory

--------------------------------------------------------------------------------------------------- BANK CERTIFICATE
We certify that ------------------------------------------------- has an account with number
---------------------- And we confirm that the details given above are correct as per our record. We
also confirm that we enable for receiving NEFT / RTGS credits.
Date:
Place: Signature and Name of the authorized official of Bank with Stamp

(NOTE: To be filled in the firm’s Letter Head & kindly submit the original)

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ANNEXURE - 3

PRE RECEIPT

Received with thanks from the _______ SSA a sum of ₹ xxxxxx /- towards the refund of
EMD paid against this office Tender Notice

Firm Name & Address Seal / Rubber s t a m p of firm

With signature

PRE RECEIPT

Received with thanks from the _______ SSA a sum of ₹ xxxxxx/- towards the
refund of EMD paid against this office Tender Notice dtd.
R. No. ……… Book No. ………… dtd. …………

Firm Name & Address Seal / Rubber s t a m p of firm

With signature

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ANNEXURE-4

CERTIFICATE ( TO BE GIVEN IN CASE THE TENDER DOCUMENT IS DOWN LOADED FROM WEB )

The downloaded tender document as published at the website (www.karnataka.bsnl.co.in--> e

tenders / www.tenders.gov.in ) has been used for bidding in this tender. It is certified that no modification /
addition / deletion has been done to the contents / terms conditions of the tender document.

Place:
Date:

Signature of the bidder

(Seal / Rubber stamp of the firm)

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ANNEXURE-5
PROFORMA OF POWER OF ATTORNEY
Non-Judicial Stamp
POWER OF ATTORNEY

Be it known all to whom it concerns that:-

Shri______________________ S/o _________________________residing at___________________
Shri______________________S/o__________________________residing at __________________
Shri______________________S/o__________________________residing at __________________
I the Proprietor / We all the Partners / Directors of M/s ______________________________________
Address_______________________________________________________________________here by
appoint Shri_______________________________ S/o _________________________________residing at
____________________________________________ as my / our Attorney to act in my / our name and on
behalf and sign and execute all documents / agreements binding the firm for all contractual obligations
(including references of cases to arbitration) arising out of contracts to be entered into by the firm with the
PGM/GMT Karnataka Circle Bengaluru
In connection with their Tender Enquiry No. ___________________________________dated
______________ for ___________________________________________due for opening on ___________,
In short he is fully authorized to do all, each and everything requisite for the above purpose concerning
M/s____________________________________________________and I / We hereby agree to confirm and
ratify his all and every act of this or any documents executed by my / our said Attorney within the scope of the
authority hereby conferred on him including references of cases to arbitration and the same shall be binding
on me / us and my / our firm as if the same were executed by me / us individually or Jointly.

Witness (with Address) Signature of the Proprietor / Partners / Directors

1. 1.

2. 2.

3.

Accepted
(Signature of Signatory of Tender Offer of the Firm)

ATTESTED
Notary Public
(Signature with Official Seal)
OR
REGISTERED
Before (SUB-REGISTRAR)……………………………….(of Concerned State)

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ANNEXURE - 6

TO BE PRINTED ON STAMP PAPER OF VALUE OF MINIMUM OF RS. 200/- (Rupees Two Hundred only
as provided under Article 47 of the Karnataka Stamp Act, 1957 & to be Notarized)

INDEMNITY BOND
I. I / We, (name of individual or company represented by its authorized signatory to be inserted
here)........................, aged _________ years, S/o ................resident of / having registered address at
...................................hereby declare that I / We have been awarded the contract for maintenance
services for external plant Services activity for M/s. Bharat Sanchar Nigam Limited (herein referred to
as BSNL) by Providing maintenance services for external plant Services &we are scheduled to
commence operating the same through my employee /s within the premises of BSNL, through The
DGM ____SSA W.E.F __-__-____ for a period of __ months / years vide Work Order bearing
no.____, dated __-__-____.

II. I / We, further declare that I / We, have taken all required & necessary precautions to prevent any
kind of accident with respect to the activity of the contract for maintenance services for external plant
services of M/s. BSNL, especially entailing any such risk which may cause any kind of injury or
grievous hurt to either my / our employee/s or any BSNL employee or any other person/s present
within the premises of M/s. BSNL, to the best of my / our knowledge & ability, during the period of my
/ our contract. I / We shall also ensure that the necessary training & due diligence in observing the
said precautions are implemented thoroughly by my / our employee/s during the period of my / our
contract.

III. I / We, further declare that despite the aforementioned precautions taken and practiced by my / our
employee/s during the period of my / our contract, in the most unlikely & unpredictable accident or life
threatening event, even owing to “FORCE MAJURE”, I / We shall alone be held responsible for any
kind of injury or grievous hurt to either my / our employee/s or any BSNL employee or any other
person/s present within the premises of M/s. BSNL& any compensation claim thereof by such my /
our employee/s or any BSNL employee or any other person/s present within the premises of M/s.
BSNL and or loss of materials and I / We shall alone bear all the costs of any kind of compensation or
incidental costs, arising out of or owing due to unpredictable accident or life threatening event.

IV. I / We, further declare that it is our intent and express action to hold BSNL indemnified from payment
against any such compensation arising out of or owing due to unpredictable accident or life
threatening event. However, in the event of any such compensation/s ordered by any court or
authority as a penalty or even simply because any such accident occurring within the premises of
BSNL, I / We hereby authorize BSNL to deduct the said amount with related incidental costs thereof
from my / our account or contract fees that may be due to me /us or recover the same from me / us
lawfully.

V. I / We, further declare that the said contract for Providing maintenance services for external plant
Services of M/s. BSNL shall also be insured by purchasing the required accident / fire or general

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insurance covering persons, in the event of any injury either simple or grievous, death or permanent
disability resulting from loss of both limbs of any person – Rs. 10.00 Lakhs (Rupees Ten Lakhs),
before the commencement of the said operations for providing maintenance services for external
plant Services of M/s. BSNL and that I / we shall not commence operations before submitting a true
attested copy of the said Insurance Policy wherein I / We shall nominate M/s. BSNL as the
beneficiary in the most unlikely but unpredictable accident or life threatening event, even owing to
“FORCE MAJURE”, owing to any reason whatsoever but related and restricted operations for
providing maintenance services for external plant Services of M/s. BSNL.

VI. I / We shall also provide an Affidavit separately declaring that BSNL shall be eligible to recover any
such claims of compensation in the event of any accident and consequent injury / disability / death to
/ of my / our employee / switch was employed by me for the purpose of activity within BSNL premises
from and out of the aforementioned deposit of additional security or the settlement made by the
insurance company towards any claim for compensation.

VII. The Originals of this Indemnity Bond & the Insurance Policy document aforementioned shall be in the
custody of BSNL.

DATED THIS _________the day of 2019

SIGNATURE OF THE CONTRACTOR.

WITNESSES:
1.

2.

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ANNEXURE-7
TO WHOMSOEVER CONCERNED
Experience certificate for the firm

It is to certify that M/S …………………………………………………………………………have provided

maintenance services for external plant services for the following period .

1.From…….dd….mm…..yy to …………….dd……………mm……….yy

2. Average no. of units / labours provided per month ………………………..

3. Contract value of the services executed…………………………………… (Attach work order copies)

Remarks - The service provided were satisfactory during the period.

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ANNEXURE – 8
(On Company’s letter head)

MANDATE FORM

-------------------------------------------------------------------- (Name of the company)

Represented by Sri. ---
----------------------------------------------------- (with designation like Proprietor, CEO, MD etc.) hereby
give our consent to credit the settlement amount in r/o Work Order No. ---------------------------------------------
Dated -------------------------
for providing maintenance services for external plant servicesto O/o ____ SSA , consignee ---------------
---------------------------------------------- paying authority -----------
---------------------------------------------by way of Electronic Clearance system or by Electronic fund transfer (as
the case may be) to our Bank account no. -------------------
------SB / CA, Bank branch ----------------------------------MICR No. -----------------------------
-- Bank’s N a m e - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - .IFSC
Code-------------------------

A copy of the cancelled / Photostat cheque leaf is enclosed.

We hereby declare that the particulars given above are correct and complete. If the transaction is
delayed or not effected for reasons of incomplete or incorrect information, we would not hold user institution
responsible. We agree to discharge the responsibility expected of us as a participant under the scheme.

Signature
(By Authorized Signatory)
With the Stamp and Seal of the Company Date

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ANNEXURE-9
(To be produced in Company’s letter head)

I / We M/s ………………………..hereby declare that no dues have to be paid to Law enforcement

authorities like ESI, EPF, S.T authorities etc and not violated any terms of R&A act 1970.

. In case the above declaration is found to be incorrect or wrong, the contract if awarded to the firm
shall be terminated immediately and the firm shall be liable to the black listed/debarred for future works /
contract with BSNL. Any such action however be without prejudice to BSNL’s rights under the law.
The above declarations are given in accordance with the tender conditions.

Signature of Proprietor / Partner / Director (Shri / Smt./ Ms------------------------------

Place Name, Designation,

Date Signature and Address

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ANNEXURE 10
FORMAT FOR UNCONDITIONAL ACCEPTANCE OF LOI

From :
M/s

To,
Assistant General Manager ( ______),
__ SSA
Sub: Providing maintenance services for external plant services at Ref:
Your Advance Work order / LOI no.
Dated
Dear Sirs,
We acknowledge receipt of your above LOI No.
Dated .

We accept the LOI and terms and conditions as mentioned therein unconditionally and
unequivocally.

Yours faithfully,

Dated:
Signature

(Name in BLOCK LETTERS)

Status: Director / Manager / Partner / Proprietor of the firm

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ANNEXURE-11

CHECK LIST FOR THE BIDDERS

Please ensure that all documents are fully authenticated by the Authorized Signatory with his signature with
official seal, as per the eligible bidder’s criteria. Offer is liable to be rejected, if enclosed documents are not
authenticated.
Documents forming part of the bid: -
Submitted / Not
Sl. No. DOCUMENTS Submitted/ Not
Applicable
1 Cost of the tender document ( ___/-)

Bid Security in the form of Bank Guarantee for _____/- valid up to

2
180 days from the date of tender opening.
Scanned copy of Bid Form in Section-9 Part A and Price Schedule
3
in Section-9 Part B duly filled up and signed.

4 Scanned Copy of certificate of Incorporation.

Scanned copy of Power of Attorney attested by Notary Public or
5 Registered with Sub Registrar in favour of the signatory signing the
offer and documents as per Clause no. 14.3 of Section-4 Part A.
Scanned Copy of board resolution, authorizing a person for executing
6 power of attorney in the name of person, who is signing the bid
document. (In case of Company/Institution/Body Corporate)
Scanned Copy of Memorandum of Association or Partnership deed (if
7
not a proprietor firm).
Scanned copy of Registration Certificate from State Director of
Industries or from SIA, Ministry of Industries, Govt. of India. OR
8
Approval from Reserve Bank of India/SIA in case of Foreign
Collaboration.
Credentials regarding experience in carrying out similar services to
9 other PSU / Corporate sector / Government departments / Telecom
companies experience certificate as per Annexure-8
10 Scanned Documents related to financial capabilities of the bidder.
Scanned copy of Clause-by-Clause compliance statement pursuant to
11
Clause 11.2 (c) of Section-4 Part A.
Scanned copy of a list of all Board of Directors of the company (In
12
case of Limited Company).
Scanned copy of Near Relationship Certificate as per Annexure-4
13 (In case of Proprietorship firm, Certificate to given by the Proprietorship
firm certificate to given by all partners, and in case of limited company,
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certificate to be given by all Directors of the company.

Declaration that the firm is not black listed as per Annexure-1

14

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.
. The Factory address mentioned in the Registration Certificate & the
TSEC must be the same. The enlistment certificate issued by MSME
should be valid on the date of opening of tender. MSE unit is required
15 to submit its monthly delivery schedule.
OR
Bank Guarantee towards bid security on Non-Judicial Stamp Paper of
proper value for the specified amount and valid till 30 days after the
expiry of validity of offer (Bid Security valid for 180 DAYS from the date
of opening of Bids) as per Clause 12, Section-4 Part A.

Scanned copy of No deviation statement for Clause-by-Clause

16
compliance in accordance with Clause 11.2 (c) of Section-4 Part A.
Scanned copy of Deviation Statement in accordance with Clause 11.2
17
(c) of Section-4 Part A, if any.
18 Letter of Authorization to attend Bid opening event
19 Any other supporting documents asked for in bid document.
20 Valid PAN No.
Valid Goods and Services Tax Registration Certificate No(s) or
21
mention as unregistered dealer
22 GST Indemnity undertaking as per Clause-4.1(e) of Section-1.
Self declaration along with the evidence that the bidder is not black
23
listed by GST authorities as per Clause-4.1(d) of Section -1.
Declaration for not having done any additions / deletions /
24
modifications to terms of the tender document as per Annexure-4
Scanned copy of attestation of the specimen signature of the
25 authorized by the company’s / Firm’s bankers as per Clause 14.3
Section -4 Part A.
Mandate for receiving payment costing Rs.5 Lakhs and above as per
26
Clause 11.5 of section 5.
Undertaking and Declaration as per Section-6 Part A duly filled up
27
and signed.

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Bidder’s Profile & Questionnaire as per Section-8 duly filled up and

28
signed.
Indemnity bond of Claims for compensation on Accidents as per
29
Annexure-6.
30 In case of Multiple GST Nos., all the numbers can be provided.
31 Documentary proof for the eligibility criteria to be attested by Bidder.
Valid MSME Certificate to be produced, if applicable. Valid UAM
32
number to be provided.
33 Copy of IT returns for the previous two years (2018-19 & 2017-18)
Copy of tender document & clarifications / amendments if any issued
by the BSNL to this tender, if any, duly signed and stamped on each
34
page by the authorized signatory as a mark of acceptance of all
conditions contained herein.
35 Sample calculation as per Annexure-14
DECLARATION W.R.T NO DUERS TO BE PAID TO LAW
36 ENFORCEMENT AUTHORITIES LIKE ESI / EPF ETC AS PER
ANNEXURE-10
List of documents to be submitted along with the tender as per
37
Annexure-11
Copy of Registration Certificate under Contract Labour (Registration
38
and Abollition)

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ANNEXURE - 12

Declaration

I/We have read and understood the terms and conditions in this tender supplied to me / us and hereby declare that

I/We accept the terms and conditions mentioned there in.

I / We hereby quote our tender for consideration for carrying out the contract as per the rate quoted
in the Financial Bid

Signature & seal of the Tenderer

Name & designation of the Tenderer: Firm

Name:

Address:

Tel. No:

FAX. No.

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 ANNEXURE-13

AGREEMENT BETWEEN BSNL & SERVICE PROVIDING FIRM / CONTRACTOR.

This agreement of out sourcing of maintenance of external copper network plant in urban areas and provisioning
of land line and broad band services in the exchanges ( cluster) of PGM/GM (TELECOM), _______ SSA
and SUBORDINATE OFFICES, made at ______ on the day ______of 2019 BETWEEN ( Name of
maintenance services for external plant service provider firm) through authorized signatory of maintenance
services for external plant service provider Sri. S/o Sri Resident of
(hereinafter called as ‘Contractor’ which expression shall unless repugnant to the context or meaning
thereof, mean and include its successors and assigns), of the one part and PGM/GM (TELECOM), ____
(herein mention the name of the Company through its General Manager / Managing Director) (hereinafter
called the ‘Company’ which expression shall unless repugnant to the context or meaning thereof mean and
include, his heirs, executors, administrators, and assigns), on the other part. WHEREAS the Company is
desirous of outsourcing the work of External plant maintenance services at the exchanges and where as
the Contractor is engaged in such type of activities for various companies and whereas both the parties
have discussed.
NOW THEREFORE, it is agreed by both the parties as follows:
1. The Contractor shall handle and execute the various External plant maintenance services and new
provisioning in the exchanges at PGM/GM(Telecom) office and its of external plant services in the
Company’s office at PGM/GM(TELECOM) OFFICE and its Subordinate offices, for a period of
Two year commencing from state the
period when different than one year) at the approved rates.
2. The Contractor has been shown the areas of work and different jobs for carryout all works, in addition to
the description of services under Section IV of this tender, which is reproduced below-

3. Be it clearly understood and agreed that by this Deed no relationship of employer and employee
is created between the Company and the employees engaged by the Contractor.

4. The Contractor shall provide the External plant maintenance services to the Company in the areas and
manner as discussed. The Contractor shall undertake and assure the Company that he will provide proper
and efficient services in the predetermined schedule of time. Besides, services will also be rendered by the
Contractor as and when desired by the company even though it may not be as per schedule on charges as
may be agreed to separately.
5. The Contractor shall decide the modus operandi as to engage men / machinery by him rendering proper
and efficient services and to conform to the prescribed standard of Hygiene.
6. The Contractor, being the employer in relation to persons engaged / employed by him for providing the
services under this agreement, shall alone be responsible and liable to pay wages / salaries to such persons
which in any case will not be less than in accordance with the minimum wage as fixed or prescribed for the
category of workers employed by him from time to time or by the State Government and/ or any authority
constituted by or under any law.
7. The Contractor shall adhere to and comply with all the laws that may be applicable to him and will
extend all the benefits / privileges as applicable to persons engaged / employed by him including that of
Provident Fund, ESI, Workmen’s Compensation Act, Bonus, Gratuity, Minimum Wages Act and Leave,
etc. In case of any breach of any law, rules, notifications applicable to the employees of the Contractor
engaged, the contractor alone shall be responsible and liable for any act(s) of omission and/or commission
committed by any employee, agent, representative, attorney, and person engaged/employed by him for
Read, understood & compiled 93 of 103

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discharging the obligations under this Agreement.

8. The Contractor shall provide uniforms to his employees the pattern of which will be different than that of
the Company as followed for its employees and they shall wear them at all times while at work and maintain
such uniforms.
9. All employees of the contractor shall be issued with identity cards bearing their photographs. Cost of
identity cards & photographs for identity cards shall be borne by the Contractor. The Contractor shall have
the identity card format approved from the Company.
10. The Contractor shall issue ID Cards to all his employees, which the employees shall wear while on duty.
11. The Contractor alone shall have the right to take disciplinary action against any person(s) engaged /
employed by him; while no right whatsoever shall vest in any such person(s) to raise any dispute and/or
claim whatsoever against the Company. The Company shall, under no circumstances be deemed or treated
as the employer in respect of any person(s) engaged/employed by the contractor for any purpose
whatsoever nor would the Company be liable for any claims(s) whatsoever of any person(s) of the
Contractor.
12. The Contractor shall obtain appropriate license under the Contract Labour (Regulation & Abolition) Act,
1970 and the Rules as amended up to date and shall comply with all terms & conditions thereof strictly, and
shall keep such license duly validated and/or renewed from time to time throughout the currency of this
Agreement.
13. In case the Company is required to meet any liability in respect of any person(s) engaged/employed by
the Contractor by virtue of their working at the exchanges of the Company, it would be open and lawful for
the Company to deduct the amount(s) of any such liability from and out of dues payable to the Contractor.
14. The Contractor shall maintain all registers required under various Acts, which may be inspected by the
Company as well as the appropriate a u t h o r i t i e s .
15. The Contractor shall be responsible for all injuries and accidents to persons, employed by him.
16. The Contractor shall be responsible for the conduct and behavior of his employees. If any employee of
the Contractor is found misbehaving with the Company staff, the Contractor shall take necessary and
appropriate action.
17. In the event of any loss / damage being occasioned to the Company on account of the negligence of the
Contractor’s employees, the Contractor shall make good the loss sustained by the Company either by
replacement of the material/equipment or payment of compensation.
18. The Contractor shall not appoint any sub-contractor to carry out any obligations under the contract.
19. The Contractor shall take proper instructions from the Company for the execution of the contract at the
different places and will faithfully comply with the same.
20. The Contractor shall attend to complaints relating to External plant maintenance services received from
the employees of the Company and shall devise a system whereby such complaints when brought to the
notice of the Contractor will be attended promptly by him or his employees concerned.
21. All members of staff employed by the Contractor will be subjected to security check by the Company’s
Staff while leaving the exchanges.
22. The Contractor shall be required to provide supervisory staff, so as to ensure proper control for executing
the job smoothly and efficiently.
23. The cleaning detergent & the chemicals required for External plant maintenance services shall be
provided by the Company. The Contactor must use the material provided by the Company properly. Any
improper use leading to wastage/pilferage shall be made good by the Contractor of the Company.
24. The Contractor shall submit his bill in respect of services rendered, by 5th day of the month immediately

Read, understood and complied

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following the month to which such services relate, duly certified by an authorized representative of the
Company. Payment to his staff shall be made on 5th of every month through cheque only irrespective of the
payment processed at Company.
25. The Contractor will have to produce the Register of Wages or the Register of Wages-cum-Muster Roll of
the preceding month along with the bill to be submitted on the 5th day of every calendar month for
verification, to the nominated official of the Company. The Contractor shall ensure that payment to his
employees is made in the presence of an authorized representative of the Company.
26. The Contractor shall cause to provide details of recoveries made towards each of the labour engaged in
respect of EPF, ESI etc for the previous month along with the paid receipt of the concerned organization to
AGM (GEN) by 5th of succeeding month.
27. The monthly payment shall be made to the Contractor on the production of certificate for satisfactory
completion of services provided.
28. The Contractor shall give the services on all days during the period of contracts as per the Company’s
requirement.
29. The Contractor’s employees will make their own arrangements for food and snacks while at work at their
own cost and the Company will not entertain any financial expenditure or provide any canteen facility.
30. Should the Contractor commit any breach of any of the terms and conditions hereof and /or fail / neglect
to carry out any instructions issued to him by the Company from time to time, it shall be open and lawful for
the Company to terminate this Agreement forthwith without assigning any reason and can get the work done
by any person(s) or through any other agency or contractor at the risk and cost of the Contractor and the
contractor shall have no right to claim any compensation whatsoever on this account.
31. In the event of any dispute or difference arising out of operation of this Agreement, the same shall be
referred to the sole arbitration and the sole arbitrator will be PGM/GM (TELECOM), ________ or any officer
appointed by him whose decision shall be final and binding on both the parties. The venue of the arbitration
shall be at ____SSA . The provisions of the Conciliation and Arbitration Act, 1996 shall apply to the
arbitration.
32. In case of any new addition, to the maintenance services for external plant units as per the request from
the competent authority, number of admissible days will be considered for arriving at payable amount.
33. In case any statutory increase in the wages of labour in accordance with the minimum wages notification
issued by the appropriate authorities under the Minimum Wages Act from time to time after submission of
the tender, the increase in rates of different areas shall be set off by the Company by giving proportionate
increase in the rates.
34. All the above services and any other work of similar nature, which will be entrusted to the Contractor
from time to time by the Company, are to be rendered without causing any hindrance or disturbance to any
staff member of the Company working during the normal working hours. The work shall be carried out
efficiently, in consonance and in conformity with the standards of a neatly and hygienically maintained
premise.
35. GST in the bill to be mentioned.
36. In case of absenteeism, actual number of working days and weekly off earned, if any, will be
considered for arriving at payable amount.
37. The contract / WO is subject to Jurisdiction of Court at BA/SSA area only.
38. The agreement is valid for Two year from the date of signing the agreement and extendable
for further period of one year or part t h e r e o f .
39. The NIT (Notice Inviting Tender) , bid documents (qualifying and financial), letter of intent,
approved rates annexed hereto and such other additional particulars, instructions, work
Read, understood and complied
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orders as may be found requisite to be given during the execution of work shall be deemed and taken
to be an integral part of the contract and shall also be deemed to be included in expression by
exigencies of services.

IN WITNESS WHEREOF both the parties mentioned above append their signature in token of having
accepted the above terms and conditions.
Party of the First Part

Party of the Second Part

WITNESSES :

1.

Read, understood and complied

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 MAINTENANCE SERVICES FOR EXTERNAL PLANT SERVICES

ANNEXURE-14
SAMPLE CALCULATION :
I. The maintenance charges shall be paid for a cluster per month based on the number of
average working Lines for the month ( working lines on 1st and last day of the month added and
divided by 2) for which maintenance charges is being calculated irrespective of the number of
line/cable faults attended.
For example: Cluster 1 having 2000 Landlines without BB, 1000 Broadband with LL, 100
PRI/SIP Trunk/Leased circuits on Copper network
Calculation sheet is attached as Annexure –B and Annexure-C
Annexure B
(All the calculation is exclusive of GST)

IV.1 : Invoie performa for maintenance charges with unit rate Rs.35/-.

No. Type of work Units Rate Cluster 1 Amout

1. Monthly maintenance charges for each 1 35 2000 70000
working LL without BB
2. Monthly maintenance charges for each 1+Rs.17 52 1000 52000
working LL with BB
3. Monthly maintenance charges for each 1+Rs.70 105 100 10500
working ISDN PRI/Leased Circuits/SIP Trunk
4. MDF related work for each working lines for 0.1 35 3100 10850
(cluster size <10K lines)
Monthly incentive for MTTR adherence for higher FMC customers
5. FMC Rs.301-600 17 500 8500
6. FMC Rs.601-800 27 300 8100
7. FC 800+ 35 200 7000
8. PRI/SIP Trunk / Leased circuits 70 100 7000
Total maintenance charges 173950
IV.2 : Invoice performa for provisioning charges
1. Provision of new land line 210 30 6300
2. Provision of BB only (on existing landline) 105 20 2100
3. Provision of New Broadband including new Landline 280 10 2800
4. Provisioning of ISDN PRI/Leased Circuits/SIP Trunk on 350 5 1750
copper
Total provisioning charges 12950

Number of working connections in a cluster shall be calculated taking the average of

Working connections on the first and last day of the month.

Read, understood and complied

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MAINTENANCE SERVICES FOR EXTERNAL PLANT SERVICES

Annexure - C
(All the calculation is exclusive of GST)
Penalty calculation for maintenance invoice of Rs.173950
No Parameters Penalty SLA SLA % of Slippage in Amount
. Achd invoice % or hr
1. Fault clearance 0.2% of invoice value for 95% 90% 0.2 5% 1739.5
9(5%) each 1% of slippage
2. MTTR 12 Hrs 0.3% of invoice value for 12 hrs 18 0.3 6 3131.1
each hour of slippage
(rounded off)
3. MTTR 8 hrs 0.5% of invoice value fo 8 hrs 9 0.5 1 869.75
each hour of skippage
(rounded off)
4. MTTR 4 hrs 1.0% of onvoice value for 4 hrs 4 1 0 0
each hour of slippage
(rounded off)
5. Repeat fault (10%) 0.5% of invoice value for 10% 16% 0.5 6% 5218.5
each 1% of slippage
Total penalty for (max.15% i.e.Rs.26092/-) 13272.385
maintenance
Payable maintenance charges after penalty calculation 160677.6
Penalty calculation for provisioning
No Parameters Penalty SLA Prov SLA Delay Pen Amount
. achd alty
1. New LL or BB Rs.25 per day delay 3 days 10 4 1 25 250
2. New LL or BB (max.100 for each 3 days 10 5 2 25 500
3. New LL or BB connection) for each 3 days 10 6 3 25 750
4. New LL or BB connection) 3 days 10 10 7 25 1000
5. BB on existing LL Rs.25 per day delay 2 days 5 1 0 25 0
6. BB on existing LL (max.100 for each 2 days 5 2 0 25 0
7. BB on existing LL connection) for each 2 days 5 4 2 25 250
8. BB on existing LL connection) 2 days 5 8 6 25 500
9. New ISDN PRI/SPI Rs.50/- per day delay 3 days 5 2 0 50 0
Trunk/Leased (max.Rs.200/- for each
Circutis connection) for each
connection
Total penalty for provisioning 3250
Payable provisioning charges after penalty 9700.0
calculation
Total payable maintenance and provisioning charges after penalty.170377.60

Read, understood and complied

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MAINTENANCE SERVICES FOR EXTERNAL PLANT SERVICES

Appendix-1

Sl No Defaults of the bidder / vendor Action to be taken

A B C
Submitting fake / forged i) Rejection of tender bid of respective
Vendor.
a) Bank Instruments with the bid to meet
ii) Banning of business for 3 years which
terms & condition of tender in respect of
implies barring further dealing with the vendor
tender fee and / or EMD;
for procurement of Services including
b) Certificate for claiming exemption in
participation in future tenders invited by BSNL
respect of tender fee and / or EMD;
for 3 years from date of issue of banning order.
iii) Termination / Short Closure of WO, if
1(a) and detection of default at any stage from issued. This implies non-acceptance of further
receipt of bids till award of AWO / issue of supplies / work & services except to make the
WO. already received material work/ complete work
in hand.
Note 1:- However, in this case the performance guarantee if alright will not be forfeited.
Note 2:- Payment for already received supplies / completed work shall be made as per terms
& conditions of WO.
Submitting fake / forged documents towards
meeting eligibility criteria such as experience
capability, supply proof, registration with
Sales Tax, Income Tax departments etc and
as supporting documents towards other
terms & conditions with the bid to meet
terms & condition of tender
(i) If detection of default is prior to award of i) Rejection of Bid &
1(b) AWO ii) Forfeiture of EMD.
i) Cancellation of AWO,
(ii) If detection of default after issue of AWO
ii) Rejection of Bid &
but before receipt of PG / SD (DD, BG etc.)
iii) Forfeiture of EMD.
i) Cancellation of AWO
ii) Rejection of Bid &
(iii) If detection of default after receipt of
iii) Forfeiture of PG / SD.
PG/ SD (DD, BG etc.)
However on realization of PG/ SD amount,
EMD, if not already released shall be returned
i) Termination/ Short Closure of /WO and
Cancellation of AWO
(iv) If detection of default after issue of WO ii) Rejection of Bid &
/ WO iii) Forfeiture of PG / SD.
However on realization of PG/ SD amount,
EMD, if not released shall be returned.
Note 3:- However, settle bills for the material received in correct quantity and quality if
pending items do not affect working or use of supplied items.
Note 4:- No further supplies are to be accepted except that required to make the already
supplied items work.

Read, understood and complied

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 MAINTENANCE SERVICES FOR EXTERNAL PLANT SERVICES

Sl
Defaults of the bidder / vendor Action to be taken
No
A B C
If vendor or his representative uses violent/
coercive means viz. Physical / Verbal means
to threatens BSNL Executive / employees
and/ or obstruct him from functioning in
discharge of his duties & responsibilities for
the following : Banning of business for 3 years which implies Barring
a) Obstructing functioning of tender opening further dealing with the vendor for procurement of
 2 executives of BSNL in receipt / opening of Goods & Services including participation in future
tender bids from prospective Bidders, tenders invited by BSNL for 3 years from date of issue
suppliers/ Contractors. of banning order.
b) Obstructing / Threatening other
prospective bidders i.e. suppliers/
Contractors from entering the tender
venue and/ or submitting their tender bid
freely.
Non-receipt of acceptance of AWO and Forfeiture of EMD.
3 SD / PG by L-1 bidder within time period
specified in AWO.
Failure to supply and / or Commission i) Termination of WO.
the equipment and / or execution of the ii) Under take Service / work at the risk & cost of
4.1 work at all even in extended delivery defaulting vendor.
schedules, if granted against WO. iii) Recover the excess charges if incurred from the PG
/ SD and outstanding bills of the defaulting Vendor.
Failure to supply and / or Commission the i) Short Closure of WO to the quantity already received
equipment and / or execution of the Work by and/ or commissioned in BSNL and / or in pipeline
in full even in extended delivery provided the same is usable and / or the Vendor
schedules, if granted against WO. promises to make it usable.
4.2 ii) Under take Service / work for balance quantity at the
risk & cost of defaulting vendor.
iii) Recover the excess charges if incurred from the PG
/ SD and outstanding bills of the defaulting Vendor.

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

Read, understood and complied

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MAINTENANCE SERVICES FOR EXTERNAL PLANT SERVICES

Sl No Defaults of the bidder / vendor Action to be taken

A B C
Major quality problems (as established by a i) If the material is not at all acceptable, then return the non-
joint team / committee of User unit(s) and acceptable material (or its part) & recover its cost, if paid,
QA Circle) / performance problems and non- from the o/s bills / PG / SD;
rectification of defects (based on reports of OR
field units and QA circle). ii) If the material is inducted in network & it is not possible to
return it and/ or material is acceptable with degraded
5.2 performance, the Hirer may determine the price for degraded
equipment (Financial penalty = Price – price determined for
degraded equipment) himself and / or through a committee.
Undertake recovery of financial penalty from outstanding
dues of vendor including PG / SD;
and
iii) Withdrawal of TSEC / IA issued by QA Circle.
Submission of claims to BSNL against a i) Recovery of over payment from the outstanding dues
contract of Vendor including EMD/ PG & SD etc. and by
(a) for amount already paid by BSNL . invoking ‘Set off’ clause 21 of Section 5 Part A or by
(b) For Quantity in excess of that supplied any other legal tenable manner.
by Vendor to BSNL. ii) Banning of Business for 3 years from date of issue of
6 c) for unit rate and / or amount higher banning order or till the date of recovery of over
than that approved by BSNL for that payment in full, whichever is later.
Service.
Note 5:- The claims may be submitted with or without collusion of BSNL Executive / employees.
Note 6:- This penalty will be imposed irrespective of the fact that payment is disbursed by BSNL or
not.
Network Security / Safety / Privacy:- If the i)Termination of WO.
vendor tampers with the hardware, ii) Banning of business for 3 years which implies
software/ firmware or in any other way that barring further dealing with the vendor for
a) Adversely affects the normal working of procurement of Goods & Services including
BSNL equipment(s) and / or any other TSP participation in future tenders invited by BSNL for 3
through BSNL. years from date of issue of banning order.
b) Disrupts / Sabotages functioning of the iii) Recovery of any loss incurred on this account from
BSNL network equipments such as the Vendor from its PG / SD / O/s bills etc.
exchanges, BTS, BSC / MSC, Control
equipment including IN etc., transmission iv) Legal action will be initiated by BSNL against the
7 equipments but not limited to these elements Vendor if required.
and/ or any other TSP through BSNL.
c) Tampers with the billing related data /
invoicing / account of the Customer /
User(s) of BSNL and/ or any other TSP(s).
d) hacks the account of BSNL Customer
for unauthorized use i.e. to threaten others/
spread improper news etc.
e) Undertakes any action that affects /
endangers the security of India.

Read, understood and complied

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Sl
Defaults of the bidder / vendor Action to be taken
No
A B C
If the vendor is declared bankrupt or i) Termination/ Short Closure of the WO.
insolvent or its financial position has ii) Settle bills for the quantity received in correct
become unsound and in case of a limited quantity and quality if pending items do not affect
company, if it is wound up or it is working or use of supplied items.
liquidated. iii) No further supplies are to be accepted except
that required to make the already supplied items
work.
iv) In case of turnkey projects, If the material is
commissioned and is usable without any degradation
of performance, then settle bills for the acceptable
8
equipment / material (or its part).
v) In case of turnkey projects, if the material is
inducted in network & it is not possible to return it
and/ or material is acceptable with degraded
performance, the Hirer may determine the price for
degraded equipment (Financial penalty = Price –
price determined for degraded equipment) himself
and/ or through a committee. Undertake recovery of
financial penalty from outstanding dues of vendor
including PG / SD.
In the event of the vendor, its proprietor, i) Termination / Short Closure of the WO.
Director(s), partner(s) is / are convicted by ii) Settle bills for the material received in correct
a Court of Law following prosecution for quantity and quality if pending items do not affect
offences involving moral turpitude in working or use of supplied items.
relation to the business dealings. iii) No further supplies are to be accepted except
that required to make the already supplied items
work.
iv) In case of turnkey projects, If the material is
commissioned and is usable without any degradation
of performance, then settle bills for the acceptable
9
equipment/ material (or its part).
v) In case of turnkey projects, If the material is
inducted in network & it is not possible to return it
and/ or material is acceptable with degraded
performance, the Hirer may determine the price for
degraded equipment (Financial penalty = Price –
price determined for degraded equipment) himself
and/ or through a committee.
Undertake recovery of financial penalty from
outstanding dues of vendor including PG / SD.
If the vendor does not return/ refuses to i) Take action to appoint Arbitrator to adjudicate the
10
return BSNL’s dues: dispute.

Read, understood and complied

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MAINTENANCE SERVICES FOR EXTERNAL PLANT SERVICES

Sl No Defaults of the bidder / vendor Action to be taken

A B C
a) in spite of order of Arbitrator. i) Termination of contract, if any.
ii) Banning of business for 3 years which implies
barring further dealing with the vendor for
procurement of Goods & Services including
participation in future tenders invited by BSNL
from date of issue of banning order or till the
date by which vendor clears the BSNL’s dues,
whichever is later.
10
Contd iii) Take legal recourse i.e. filing recovery suite in
appropriate court.
b) in spite of Court Orders. i) Termination of contract, if any.
ii) Banning of business for 3 years which implies
barring further dealing with the vendor for
procurement of Goods & Services including
participation in future tenders invited by BSNL from
date of issue of banning order or till the date by which
vendor clears the BSNL’s dues, whichever is later.
If the Central Bureau of Investigation / Take Action as per the directions of CBI or
Independent External Monitor (IEM) / concerned department.
11
Income Tax / GST / Excise / Custom
Departments recommends such a course
The following cases may also be considered i) Banning of business for 3 years which implies
for Banning of business: Barring further dealing with the vendor for
(a) If there is strong justification for believing that procurement of Goods & Services including
the proprietor, manager, MD, Director, partner, participation in future tenders invited by BSNL for
employee or representative of the vendor / 3 years from date of issue of banning order
supplier has been guilty of malpractices such as
bribery, corruption, fraud, substitution of tenders,
interpolation, misrepresentation with respect to
the contract in question.
(b) If the vendor / supplier fails to execute a
contract or fails to execute it satisfactorily
beyond the provisions of Para 4.1 & 4.2.
12
(c) If the vendor / supplier fails to submit required
documents / information, where required.
(d) Any other ground which in the opinion of
BSNL is just and proper to order for banning of
business dealing with a vendor / supplier.
Note 7: The above penalties will be imposed provided it does not clash with the provision of the
respective tender.
Note 8:-In case of clash between these guidelines & provision of invited tender, the provision in
the respective tender shall prevail over these guidelines.
Note 9: Banning of Business dealing order shall not have any effect on the existing / ongoing
works / AMC / CAMC which will continue along with settlement of Bills.

Read, understood and complied

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Signature of the Bidder