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Tendernotice 1

This document is an Expression of Interest (EOI) issued by Telecommunications Consultants India Ltd. (TCIL) on April 13, 2022 for the rate contract to select back-end partners for supplying, installing, and maintaining solar hi-mast, solar trees, solar street lights, etc. across various states in India. It outlines the important dates for bid submission, eligibility criteria for bidders, scope of work, and technical specifications. Bidders meeting the financial qualifications, experience requirements, and other criteria stated in the EOI are invited to submit online bids by the last date of April 26, 2022.

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0% found this document useful (0 votes)

79 views48 pages

Tendernotice 1

Uploaded by

Keshav Soni

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Available Formats

Download as PDF, TXT or read online on Scribd

You are on page 1/ 48

EOI NO: TCIL/DT/63/1/1/2022/N/2384 Date: 13/04/2022

EOI
for
Rate Contract (RC) for selection of back end partner(s) for
supply, installation, maintenance of Solar Hi mast, Solar
Tree, solar street lights etc. in the various states across
India.

EOI No: TCIL/DT/63/1/1/2022/N/2384

Date of Issue: 13/04/2022

Issued By:
[Tender Group]
Fax: +91 (11) 26242266
Tel: +91 (11) 26202544
https://www.tcil.net.in/

Telecommunications Consultants India Ltd.

(A Govt. of India Enterprise)
TCIL Bhawan, Greater Kailash-I
New Delhi – 110048 (India)
Telephone no.:011-26202544, Fax:011-26241865,
website: https://www.tcil.net.in/
Email: tcil@tcil.net.in
CIN No.:U74999DL1978GOI008911

Page 1 of 48
EOI NO: TCIL/DT/63/1/1/2022/N/2384 Date: 13/04/2022

CONTENTS
1. SECTION-1: EXPRESSION OF INTEREST (EOI) ........................................................ 3
2. SECTION-2: GENERAL TERMS & CONDITIONS OF THE CONTRACT ............... 10
3. SECTION-3: SPECIAL CONDITIONS OF CONTRACT ............................................. 18
4. SECTION- 4: SCOPE OF WORK & TECHNICAL SPECIFICATIONS ..................... 22
5. SECTION-5: PROJECT EXPERIENCE ......................................................................... 23
6. SECTION-6: PRICE BID SCHEDULE ............................................................................ 24
7. SECTION-7: MANUFACTURER'S AUTHORISATION FORM .................................. 27
8. SECTION-8: BID SECURITY DECLARATION FORMAT .......................................... 28
9. SECTION-9: INTEGRITY PACT ...................................................................................... 29
10. SECTION-10: AUTHORIZATION LETTER ................................................................... 30
11. SECTION-11: CALCULATION OF LOCAL CONTENT: ............................................. 32
12. SECTION-12: NO-CONVICTION CERTIFICATE ......................................................... 33
13. SECTION-13: BID SUBMISSION FORM ....................................................................... 34
14. SECTION-14: MAKE IN INDIA UNDERTAING ............................................................ 37
15. SECTION-16: EOI CHECKLIST ...................................................................................... 41
16. SECTION-17: DELETED .................................................................................................. 43
17. SECTION-18: PERFORMANCE BANK GUARANTEE (PBG FORMAT) ................ 44
18. SECTION-19: MEMORANDUM OF UNDERSTANDING ............................................ 45

Page 2 of 48
EOI NO: TCIL/DT/63/1/1/2022/N/2384 Date: 13/04/2022

SECTION-1: EXPRESSION OF INTEREST (EOI)

EOIs are invited from all eligible bidders for Pre-Tender Tie-up with TCIL for “Rate Contract (RC)
for selection of back end partner (s) for supply, installation, maintenance of Solar Hi mast, Solar
Tree, solar street lights etc. in the various states across India”.

Telecommunications Consultants India Ltd. (TCIL) is a Govt. of India Enterprise, under Department
of Telecommunications, Ministry of Communications. It was set up in 1978 to share Indian
experience and expertise with developing countries and to assist bulk users of telecom services in
setting up dedicated telecom networks.

TCIL has been undertaking various projects in all fields of telecommunications and information
technology and also continuously deploying new technologies in the field of Telecom Software,
Switching and Transmission Systems, Cellular Services, Rural Telecommunications, Optical Fiber
based Backbone Transmission Systems etc. TCIL has diversified its operation and has been
executing projects in the field of Civil Infrastructure, Architecture and Power, Rural Roads and Civil
Construction. TCIL has been executing projects in latest technologies like FTTH, VOIP, IPTV etc.

TCIL intends to select back end partner(s) on Rate Contract basis for supply, installation,
maintenance of Solar Hi mast, Solar Tree, solar street lights etc. in the various states across India.
This EOI is floated for selection of back end partner ready to work in the above project for TCIL on
exclusive basis.

Submission of Online Bids is mandatory for this EOI. Prospective bidders need to submit their bids
with the most competitive Techno-commercial offer for the aforesaid work. EOI document is
available on TCIL website (https://www.tcil-india.com/nit.php) & GePNIC portal
(www.etenders.gov.in).The important dates are as given below:-

1.1 IMPORTANT DATES

S. No Contents Date & Time

1 Date of Posting of EOI: 13/04/2022
2 Start Date of downloading/viewing EOI: 13/04/2022 05:00 PM
3 Last date & time for seeking clarification, if any: 19/04/2022 01:00 PM
4 Start date & time for Online submission of Bids: 13/04/2022 05:00 PM
5 Last date & time for Online submission of Bids: 26/04/2022 03:00 PM
6 Online Opening of Technical Bid (Part-I): 27/04/2022 03:30 PM
7 Online Opening of Financial Bid (Part-II): To be notified later

Bids shall be submitted on GePNIC Portal (http://etenders.gov.in). Bidders are advised to

visit GePNIC portal (http://etenders.gov.in) and/or TCIL website regularly for
updates/amendments, if any. Bidders can contact NIC for Telephonic Help Support on Toll
Free Help Desk Number- 1800 3070 2232 for requisite queries regarding registration,
training, demonstration, minimum system requirements etc. of Government e-Procurement
System of NIC (GePNIC).

Page 3 of 48
EOI NO: TCIL/DT/63/1/1/2022/N/2384 Date: 13/04/2022

1.2 ELIGIBILITY CRITERIA

a) As per GOI Order No. P-45021/2/2017- PP(BE-II), dated 16-09-2020 for Make in India
only [Class I local supplier if local capacity exists]/[Class-I local supplier & Class-II local
supplier if local capacity doesn‟t exist and value of work is less than 200 crores] are eligible
to bid for this EOI.

(Mandatory Undertaking for Purchase Preference to MAKE In INDIA to be submitted along

with this EOI. The bidder needs to submit calculation of local content as per format attached
in Section-11.The detailed clause is mentioned at Clause 2.3 in Section-2 of this EOI and
the documents required for verification of local content needs to be submitted as per this
Clause.)

b) The bidder should be an Indian Registered Company under Companies Act 1956 or 2013/
Proprietorship /Partnership Firm. Copy of Certificate of Incorporation/ Registration/
Partnership Deed or any other relevant document, as applicable, should be submitted
along with a copy of address proof.

c) The bidder shall fulfill the following financial criteria:-

i. Average Annual Financial Turnover during the last 3 years, ending 31st March of the
previous financial year should be at least 1.5 Crore (1 Crore for MSE and
Startup) excluding GST.

ii. Net worth should be positive as on 31st March of last Financial Year.

iii. The bidder should be in profit before tax (PBT) in two out of last three financial years.

d) Experience of having successfully completed similar works/supplies during the last 7

years from the date of bid submission should be either of the following:-

i. One similar work costing not less than 2 Crores (1.75 Crores for MSE and
Startup) excluding taxes.
Or
ii. Two similar works each costing not less than 1.5 Crores (1.25 Crore for MSE and
Startup) excluding taxes.

„Similar work‟ implies “Supply, Installation, Testing, Maintenance of Solar Hi mast, Solar
Tree, solar street lights, solar roof top etc. One Similar Work means a Single
Work/Purchase Order of value as given in this clause above.

The bidder should submit supporting document i.e. work order and completion certificate
from client.

e) The bidder should have a valid PAN and GST Registration (copy of PAN card and GST
Registration certificate should be submitted in the bid). Copy of PAN card and GST
Registration certificate should be submitted in the bid. In case GST registration is not
available, the bidder shall give undertaking that it will get registered before start of work, if
work is awarded to them

f) Manufacturers Authorization Certificate (MAF)

Page 4 of 48
EOI NO: TCIL/DT/63/1/1/2022/N/2384 Date: 13/04/2022

The bidder should submit Manufacturers Authorization Certificate (MAF) from Original
Equipment Manufacturers (OEMs) specific to the bid for items mentioned in this EOI.
In case of unavailability of MAF at the time of EOI response, bidder should submit an
undertaking stating that the same shall be submitted before opening of Financial bid.

g) The bidder should not be insolvent, in receivership, bankrupt or being wound up, not have
had their business activities suspended and not be the subject of legal proceedings for any
of the foregoing. An undertaking by the bidder should be submitted.

h) The Bidder should not be blacklisted/debarred/banned/restricted by any Union Govt./State

Govt. /PSU as on date of submission of the Bid. “No-Conviction Certificate” duly signed by
authorized signatory signing the bid, should be submitted in the prescribed format.

i) The bidder shall submit an undertaking on their letter-head stating that:

“In reference to the Government of India, Ministry of Finance, Department of Expenditure,

Office Memorandum No. F.No. 6/18/2019-PPD, Dated 23-07-2020. I hereby submit that:
“We have read the Clause regarding restrictions on procurement from a bidder of a country
which shares a land border with India; We certify that we (in case of Consortium all the
Consortium Partners) are not from such a country or their beneficial owner is not from such
a country or we will not sub-contract any work to a contractor from such countries, if from
such a country, have been registered with the Competent Authority.
We hereby certify that we (in case of Consortium all the Consortium Partners) fulfill all
requirements in this regard and are eligible to be considered. [Where applicable, evidence
of valid registration by the Competent Authority shall be attached.]”.

j) The bidder needs to submit un-priced BOQ along with their technical bid.

k) The bidder needs to submit an Undertaking stating that: Vendors, whose Purchase
Order(s) for any Project of TCIL was/were cancelled on risk & cost basis for non-
performance or non-submission of performance guarantee in last 5 years, are not
eligible to participate in this tender.

l) Proof of PF registration to be submitted by the bidder.

m) The bidder should have Local Office where work is to be executed. Else, he should give an
undertaking that he will open Local office after Award of Work.

n) LABOUR LAWS (wherever applicable):

The Bidder should comply with all applicable Indian Labour laws, Payment of Minimum
Wages Act, Workman‟s Compensation Act, EPF/ESI provisions and any such statutory
provisions. In case the bidder is found to be not complying to any of the relevant statutory
requirement, action as deemed fit may be initiated by TCIL at its sole discretion.

o) Clause deleted.

1.3 The bidder should give an undertaking on the company‟s letter head that all the
documents/certificates/information submitted by them against this EOI are genuine.

In case any of the documents/certificates/information submitted by the bidder is found to be

false or forged, TCIL shall immediately reject the bid of such bidder(s) or cancel/terminate the
contract and forfeit bid security / Performance Security submitted by the bidder and debar
them from participation in future EOIs/tenders of TCIL for a period upto 5 years.

Page 5 of 48
EOI NO: TCIL/DT/63/1/1/2022/N/2384 Date: 13/04/2022

1.4 A statement showing Clause-by-Clause compliance to all Terms & Conditions of all the
Sections of this EOI duly signed and stamped on the Letter Head of their Organization. The
bidder shall submit No-Deviation Certificate along with above.

Bidder shall submit technical data sheet by highlighting each complied specification.
Wherever technical specifications and operational/functional requirements not mentioned
in datasheet, OEM compliance shall be submitted.

1.5 BID SECURITY (EARNEST MONEY DEPOSIT)

The bidders shall sign a Bid Security Declaration (as per format given in EOI) accepting that
if they withdraw or modify their bids during the period of validity etc., they will be suspended
for the time specified in the EOI document.
In exceptional cases where client doesn‟t exempt EMD/Bid Security in line with guidelines by
Govt., then the bidder shall also be asked to submit EMD/Bid Security(on back to back terms
with Client).

Note:- Bids received without Bid Security Declaration form shall be summarily rejected.

1.6 TENDER FEES

Nil

EOI responses received without Bid Security Declaration shall be summarily rejected.

a) NOTE 1 - To avail benefits for eligibility criteria, all Micro and Small Enterprises shall
submit Udyog Aadhar Memorandum / NSIC certificate/ Udyam Certificate etc. for
item/services (mentioned in this EOI) along with a certificate from their Statutory Auditors
certifying the amount of investment in plant and machinery by Micro and Small Enterprise
in accordance with provisions of MSMED Act 2006 to be read with notifications No SO
2119(E) dated 26.06.2020.

Non-submission of requisite proof and certificate from statutory auditors shall be treated
as non-MSE bid.

b) NOTE-2
i. Traders/ resellers / distributors/authorized agents will not be considered for availing
benefits under MSME Act 2006 and PPP Policy 2012 as per MSE guidelines issued
by MoMSME.

ii. To avail benefit of relaxation in Eligibility Criteria, Payments Terms, Micro and Small
Suppliers (MSEs) who are manufacturer of Goods / Items and provider of Services,
need to ensure that ALL delivered Goods / items and Services of the EOI are listed
in their MSME / NSIC certificate. Partial Listing of Goods / Services in their
certificate shall render MSEs ineligible for benefits.

1.7 EVALUATION

a) TCIL shall evaluate bids in respect to substantive responsiveness of the bid or otherwise.
TCIL shall carry out detailed evaluation of the substantially responsive bids only.
b) A bid determined as substantially non-responsive technically/financially shall be rejected,
even after opening the price bid.

Page 6 of 48
EOI NO: TCIL/DT/63/1/1/2022/N/2384 Date: 13/04/2022

c) TCIL may waive any minor infirmity or non-conformity or irregularity in the bid which does
not constitute a material deviation.
d) The price bid of the technically qualified bidders will be opened and evaluated. A
list of the lowest rate of each and every item mentioned in the BoQ among the
quoted prices shall be prepared. Those bidders who agree to match the lowest
discovered rates of each and every item mentioned in the BOQ shall be selected for
signing of Rate Contract with TCIL.

1.8 WORK EXECUTION METHOD:

The lowest rates shall be discovered and the backend partners shall be empanelled with
TCIL on Rate Contract basis for the mentioned works. The selected back end partners are
expected to explore the business leads in various government organizations/departments
to work with TCIL for the items mentioned in the Scope of Work. If an empanelled partner
brings the business lead and the work gets awarded to TCIL on nomination basis, in such
case the same work will be awarded to that back end partner on the basis of rate contract.

1.9 VALIDITY PERIOD OF BID

Bid shall remain valid for 120 days after the date of bid opening. The bid valid for a shorter
period shall be rejected as non-responsive.
In exceptional circumstances, TCIL may request the bidder for an extension to the period of
bid validity if same is extended by end client and accordingly, the bid security shall also be
suitably extended by the bidder.

1.10 IP PROGRAMME:

As a part of implementation of Integrity Pact Programme (IPP) in TCIL, all tenders with the
estimate value equal to or exceeding the threshold value will be covered under the Integrity
Pact Programme (IPP) and the vendors are required to sign the IP document and submit the
same to TCIL before or along with the bids. Latest IP document is available at TCIL website
(www.tcil.net.in) Link- https://www.tcil.net.in/integrity_pact.php Even in case of tenders with
the estimated value less than the threshold value, the vendors would be required to sign the
IP document if the total value of the Purchase Orders (POs) exceeds the threshold value in
respect of:
 Multiple/repeat POs on the single vendors against a tender.
 POs placed on multiple vendors against a tender.
Only those vendors who have signed the IP document can send their grievances, if any, to
the Independent External Monitors (IEMs) through the nodal officer, i.e. Chief Vigilance
Officer (CVO). TCIL in the prescribed proforma.

NAME OF IEMS WITH THEIR CONTACT DETAILS:

1) ShriPrabhash Singh, Independent External Monitor Email ID : srgmhrbpl@gmail.com
2) Shri S.K. Sarkar, Independent External Monitor E mail ID :sksarkar1979@gmail.com

NAME & CONTACT DETAILS OF NODAL OFFICER (IP) IN TCIL:

Mr. V. K. Sinha, Chief Vigilance Officer E-mail ID: vk.sinha@tcil.net.in

If the Order, with total value equal to or more than the threshold value, is split to more than
one vendor and even if the value of PO placed on any/each vendor(s) is less than the
threshold value, IP document having been signed by the vendors at bid stage itself, the Pact
shall continue to be applicable.

Page 7 of 48
EOI NO: TCIL/DT/63/1/1/2022/N/2384 Date: 13/04/2022

In respect of tenders for Pre-bid tie up/Expression of Interest (EOI) : In case of TCIL getting
the Order from the client, before placement of Purchase Order/Work Order on technically &
commercially qualified vendor, the selected vendor is required to sign the IP document.

IP document shall be in plain white sheet and to be signed by the vendor and TCIL with two
witnesses from each party. The name, designation, company etc. of the persons signing the
IP document and the project/tender name shall be clearly mentioned. All pages of the IP
document shall be initialed by both parties along with company seal.

Tender received without signed & stamped copy of the Integrity Pact document will be liable
to be rejected, and the bidder himself will be responsible for that.

1.11 INTEGRITY PACT [applicable for value of project above 5 Cr]

a) This EOI is covered under Integrity Pact Programme of TCIL and bidders are required to
sign the Integrity Pact Document and submit same to TCIL before or along with the bids.
b) Integrity Pact Agreement duly signed and stamped by Authorized Signatory & Witnesses
has to be submitted in physical form at the time of bid submission. In case of consortium
bid, the lead partner shall sign as authorized signatory and the consortium partner as
witness.
c) EOI received without signed copy of the Integrity Pact document will be liable to be
rejected.

d) In case of Joint Venture, all partners of the joint venture should sign the Integrity Pact. In
case of sub-contracting, the Principal Contractor shall take the responsibility of the
adoption of IP by sub-contractor. It is to be ensured that all sub-contractors also sign the
IP.

e) Mediation Clause
In the event of any dispute between management and the contractor relating to those
contracts where integrity pact is applicable, in case, both the parties are agreeable, the
dispute may be settled through mediation before the panel of IEMs in a time bound
manner. If required, the organizations may adopt any mediation rules for this purpose.
In case the dispute remains unresolved even after mediation by panel of IEMs, the
organization may take further action as per terms and conditions of the contract.

1.12 DELETED

1.13 AUTHORIZATION LETTER/ BOARD RESOLUTION :

The bidders need to submit board resolution along with authorization Letter in Online mode
authorizing the signatory to act on behalf of the bidder. The Authorized person should be
either authorized by Board or an employee authorized by one of the following person who
has the Board Resolution to delegate authorization to other:

1. Managing director
2. The Chief Executive Officer
3. The manager;
4. The Company Secretary
5. The Whole-time director
6. The Chief Financial Officer

The bidder should ensure that the Digital Signature used for uploading the
tender document in e tender portal should be of the authorized signatory.

Page 8 of 48
EOI NO: TCIL/DT/63/1/1/2022/N/2384 Date: 13/04/2022

1.14 MOU/AGREEMENT

Selected bidder will have to sign MoU with TCIL (as per format enclosed) before TCIL
submits bid to the end client. The rate contract shall be valid for initially 3 years which may be
extendable for another two years based on the mutual consent.

1.15 SUBMISSION OF FORGED DOCUMENTS

Bidders should note that TCIL may verify authenticity of all the
documents/certificate/information submitted by them against the EOI. In case at any stage of
this process, if it is established that bidder has submitted forged
documents/certificates/information towards fulfillment of any of the EOI/contract conditions,
TCIL shall immediately reject the bid of such bidder(s) or cancel/terminate the contract and
forfeit bid security / Performance Security submitted by the bidder and debar them from
participation in future tenders of TCIL for a period upto 5 years.

1.16 CLARIFICATION FROM BIDDERS

The queries may be asked from bidders for submitting shortfall to be submitted within
specified date and time. Also, every document submitted against following queries should be
signed by the person authorized as per Authorization letter / Board Resolution submitted by
bidder against tender, without which the documents will not be accepted as valid.

1.17 REGISTRATION OF MSE VENDORS

All MSE bidders should be registered on TReDS platform (www.rxil.cin) and MSME-
SAMADHAAN portal. Participating MSE bidders shall submit an undertaking regarding the
same.

1.18 The bidder must ensure that their bid is complete in all respects and conforms to EOI terms
and conditions, EOI specifications etc. including client specifications, failing which the bids
are liable to be rejected without seeking any clarifications on any exception/deviation taken
by the bidder in their bid.

1.19 TCIL reserves the right to accept or reject any or all the EOIs without assigning any reason.

1.20 CONTACT INFORMATION

Tender Group Division:

1. General Manger (TG)

Ph. no. 011-26202506
Email: ch.ramakrishna@tcil.net.in

2. Sarchna,
Manager (TG)
Ph. No. 011-26202544
Email: sarchna@tcil.net.in

END OF SECTION-1

Page 9 of 48
EOI NO: TCIL/DT/63/1/1/2022/N/2384 Date: 13/04/2022

SECTION-2: GENERAL TERMS & CONDITIONS OF THE CONTRACT

2.1 FINANCING OF TRADE RECEIVABLES OF MSE’S THROUGH TRADE RECEIVABLES

DISCOUNTING SYSTEM (TREDS) PLATFORM

a) Based on the initiatives of government of India to help MSME vendors get immediate
access to liquid fund based on TCIL‟s credit rating by discounting MSE‟s trade receivables
through an auction mechanism where multiple financers can participate and bid, TCIL
registered itself on TReDS platform with M/s RXIL.
b) Micro and Small Enterprise (MSE) bidders / vendors can avail this benefit by registering
themselves with M/s RXIL providing e-discounting/electronic factoring services on its
TReDS platform and following the procedures defined therein.
c) All costs relating to availing the facility of discounting on TReDS platform including but not
limited to Registration charges, Transaction charges for financing, Discounting Charges,
Interest on financing, or any other charges known by any name shall be borne by MSE
Bidders / Vendor.
d) MSE Bidders / Vendor hereby agrees to indemnify, hold harmless and keep TCIL and its
affiliates, Directors, officers, representatives, agents and employees indemnified, from any
and all damages, losses, claims and liabilities (including legal costs) which may arise from
Sellers submission, posting or display, participation, in any manner, on the RXIL‟s TReDS
Platform or from the use of Services or from the TCIL‟s breach of any of the terms and
conditions of the Usage Terms or of this Agreement and any Applicable Law on a full
indemnity basis.
e) TCIL shall not be liable for any special, indirect, punitive, incidental or consequential
damages or any damages whatsoever (including but not limited to damages for loss of
profits or savings, business interruption, loss of information), whether in contract, tort,
equity or otherwise or any other damages resulting from using facilities on RXIL‟s TReDS
platform.

2.2 PRICE PREFERENCE TO MICRO AND SMALL ENTERPRISES

(Price Preference to MSEs shall be extended as per GOI guidelines applicable from
time to time).

a) If items mentioned in EOI are non-splittable/non-dividable

The purchase/work order shall be given to L1 bidder (whether L1 is MSE or non-MSE)
b) If items mentioned in EOI are splittable/dividable and MSE is neither L1 nor within L1+15%
The purchase/work order shall be given to L1 bidder.
c) If the items mentioned in EOI are splittable/dividable and MSE is not L1 but within
L1+15%
25% of total procurement shall be made from MSE, subject to their matching of L1 price.
In case of more than such eligible MSEs who are within L1+15% range, procurement will
be shared equally among such MSEs with a minimum 5% procurement from SC/ST
MSEs, subject to their matching of L1 price. In event of failure of SC/ST MSEs to
participate in EOI process or meet EOI requirements and L1 price or none of these SC/ST
MSEs are in L1+15%, then this 5% sub-target shall be met from other MSEs. Minimum 3%
reservation within above mentioned 25% reservation shall be applicable for women-owned
MSEs.

2.3 PURCHASE PREFERENCE: MAKE IN INDIA (Purchase Preference to Make IN India

shall be given as per GOI guidelines applicable from time to time.)

a) Minimum local content: (100%)

b) Margin of purchase preference: 20%
c) If sufficient Local Capacity exists then, only Class-I local suppliers are eligible to bid.

Page 10 of 48
EOI NO: TCIL/DT/63/1/1/2022/N/2384 Date: 13/04/2022

d) Procedure (if sufficient local capacity doesn‟t exist, Class-I and Class-II Local Suppliers
are eligible to bid) through following procedure. No Purchase Preference for Class-II Local
Supplier56:-
i. Items mentioned in EOI are non-splittable/non-dividable

 The purchase/work order shall be given to L1 bidder, if L1 is a Class-I local

supplier.
 If L1 is not a Class-I local supplier, the lowest bidder among the Class-I local
suppliers shall be invited to match the L1 price (subject to its price coming in
the margin of purchase preference) and purchase/work order shall be awarded
to such Class-I local supplier subject to matching the L1 price.
 If lowest Class-I local supplier fails to match the L1 price, the Class-I local
supplier with the next higher bid within the margin of purchase preference shall
be invited to match the price and so on and purchase/work order shall be
awarded accordingly.
 In case none of the Class-I local suppliers within the margin of purchase
preference matches the L1 price, the purchase/work order shall be awarded to
the L1 bidder.
ii. Items mentioned in EOI are splittable/dividable.

 The purchase/work order shall be given to L1 bidder, if L1 is a Class-I local

supplier.
 If L1 is not a Class-I local supplier, 50% of the order quantity shall be awarded
to L1 bidder. Thereafter, the lowest bidder among the Class-I local suppliers
shall be invited to match the L1 price (subject to its price coming in the margin
of purchase preference) for the remaining 50% quantity and purchase/work
order shall be awarded to such Class-I local supplier subject to matching the L1
price.
 If lowest eligible Class-I local supplier fails to match the L1 price or accepts
less than offered quantity, the next higher Class-I local supplier within the
margin of purchase preference shall be invited to match the L1 price and so on
and purchase/work order shall be awarded accordingly.
 In case some of the quantity is still left uncovered on local suppliers within the
margin of purchase preference, then purchase/work order for such balance
quantity shall be awarded to the L1 bidder.
e) Verification of local content:
i. In cases of procurement for a value less than Rs. 10 crores, the local
supplier(Class-I and Class-II), at the time of bidding, shall submit a self-certification
that the item offered meets the minimum local content and shall give details of the
location(s) at which the local value addition is made.
ii. In cases of procurement for a value in excess of Rs. 10 crores, the local
supplier(Class-I & Class-II) shall be required to provide a certificate from statutory
auditor or cost auditor of company (in case of companies) or from practicing cost
accountant or chartered accountant (in respect of suppliers other than companies)
giving percentage of local content in addition to self-certification at point(i)

2.4 RESTRICTIONS ON PROCUREMENT FROM A BIDDER OF A COUNTRY WHICH SHARES

A LAND BORDER WITH INDIA

Bidders shall submit the following certificate for sourcing products and services in tender

"We have read the clause regarding restrictions on procurement from a bidder of a country
which shares a land border with India. We certify that bidder M/s __ (name of the bidder)
is not from such a country or if from such a country, has been registered with the Competent
Authority. We hereby certify that bidder M/s. (Name of bidder) fulfills all the

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requirement in this regard and is eligible to be considered against this EOI. The bidder will not
source those products & services whose beneficial owner is from such countries "

[wherever applicable the bidder must submit evidence of valid registration by Competent
Authority]

GUIDELINES FOR ELIGIBILITY OF A 'BIDDER FROM A COUNTRY WHICH SHARES A

LAND BORDER WITH INDIA':
As per Order dated 23.07.2020, issued by Department of Expenditure, Ministry of Finance,
Govt, of India in this regard, the following guidelines have been issued by DoE for tenders:-
1. Any bidder from a country which shares a land border with India will be eligible to bid in this
tender only if the bidder is registered with the Competent Authority.
Competent Authority for the purpose of registration shall be the Registration Committee
constituted by the Department for Promotion of Industry and Internal Trade (DPIIT), as
mentioned under Annex I of the Order (Public Procurement No.1) dated 23.07.2020.

2. "Bidder'' (including the term 'tenderer', 'consultant' or 'service provider' in certain contexts)
means any person or firm or company, including any member of a consortium or joint
venture (that is an association of several persons, or firms or companies), every artificial
juridical person not falling in any of the descriptions of bidders stated hereinbefore,
including any agency, branch or office controlled by such person, participating in a
procurement process.

3. "Bidder from a country which-shares a land border with India" for the purpose of this Order
means;-
i. An entity incorporated, established or registered in such a country; or
ii. A subsidiary of an entity incorporated, established or registered in such a country; or
iii. An entity substantially controlled through entities incorporated, established or
registered in such a country; or
iv. An entity whose beneficial owner is situated in such a country; or
v. An Indian (or other) agent of such an entity; or
vi. A natural person who is a citizen of such a country; or
vii. A consortium or joint venture where any member of the consortium or joint venture
falls under any of the above.
4. The beneficial owner for the purpose of (3) above will be as under:-

i. In case of a company or Limited Liability Partnership, the beneficial owner is the

natural person(s), who, whether acting alone or together, or through one or more
juridical person (s), has a controlling ownership interest or who exercises control
through other means. Explanation-
a) "Controlling ownership interest" means ownership of or entitlement to, more
than twenty-five per cent, of shares or capital or profits of the company;
b) "Control" shall include the right to appoint majority of the directors or to control
the management or policy decisions including by virtue of their shareholding or
management rights or shareholders agreements or voting agreements;
ii. In case of a partnership firm, the beneficial owner is the natural personts) who,
whether acting alone or together, or through one or more juridical person, has
ownership of entitlement to more than fifteen percent of capital or profits of the
partnership;

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iii. In case of an unincorporated association or body of individuals, the beneficial owner

is the natural person(s), who, whether acting alone or together, or through one or
more juridical person, has ownership of or entitlement to more than fifteen percent of
the property or capital or profits of such association or body of individuals;
iv. Where no natural person is identified under (i) or (ii) or (iii) above, the beneficial
owner is the relevant natural person who holds the position of senior managing
official;
v. In case of a trust, the identification of beneficial owner(s) shall include identification of
the author of the trust, the trustee, the beneficiaries with fifteen percent or more
interest in the trust and any other natural person exercising ultimate effective control
over the trust through a chain of control or ownership.
vi. An Agent is a person employed to do any act for another, or to represent another in
dealings with third person.

2.5 RISK PURCHASE

a) In case, the sub-contractor/ Supplier is not performing its obligations under the contract,
the notice shall be sent as per law to the sub-contractor informing that in case of non-
performance by a particular date/period, the contract shall be terminated and the
work/project will be executed (through a third party) at the risk and cost of the said sub-
contractor/ supplier as per the terms of the contract.
b) On completion of the specified period/date, the notice of termination shall be issued
clearly specifying that the remaining work shall be executed (through a third party) at the
risk and cost of the sub-contractor/supplier. Along with this notice of termination, intimation
shall be sent to the said sub-contractor/supplier for joint preparation of inventory of the
works performed/ supplies already undertaken by him. If the sub-contractor/supplier fails
to turn up on an appointed date for joint preparation of inventory, in that situation he shall
be proceeded ex parte and the inventory shall be prepared by TCIL/Employer and the
same be sent to the sub-contractor/supplier.
c) Further at the time of award of work to another sub-contractor/ Supplier, if the work is
awarded at an additional cost than the original sub-contractor/ Supplier, another notice
may be issued to the original sub-contractor/ Supplier specifying that the work has been
awarded to another agency at the additional cost of such and such amount, and he is
liable to pay that amount to TCIL.
d) Demand notices may be sent to the original sub-contractor/ Supplier from time to time.

2.6 GENERAL LIEN / SET-OFF

a) Whenever under this contract, any sum of money is recoverable from and payable by the
supplier, the purchaser shall be entitled to recover such sum by appropriating in part or in
whole the security deposit of the supplier, if a security is taken from the supplier. In the
event of the security being insufficient or if no security has been taken from the supplier,
the balance or the total sum recoverable, as the case may be, shall be deducted from any
sum due to the supplier or which at any time thereafter may become due to the supplier
under this or any other contract with the purchaser. Should this sum be not sufficient to
cover the full amount recoverable, the supplier, shall pay to the purchaser on demand the
remaining balance due.

b) Any some of money (including refundable security deposit) due and payable to the
supplier, under this contract or any other contract entered between the parties herein
whether continuing or completed may be appropriated by TCIL and set off against any
claim of TCIL of any nature whatsoever, arising under this contract or any other contract
entered into between the parties, herein whether continuing or completed.

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2.7 REPEAT/ADD-ON ORDER

a) In exceptional situation where the requirement is of an emergent nature, the purchaser

reserves the right to place repeat order up to 50% of the value of goods and services
contained in the running tender/contract within a period of twelve months from the date of
commissioning/ commercialization of the project (date of acceptance of APO of the items
procured in case where no installation, commissioning is involved) at the same rate or a
rate negotiated (downwardly) with the existing venders considering the reasonability of
rates based on prevailing market conditions and the impact of reduction in duties and
taxes etc.

b) Further if required, an additional order for 50% of the value of the goods & services
limited to 100% of the value of goods and services contained in the running
tender/contract may be placed within a period of twelve months from the date of
commissioning/ commercialization of the project (date of acceptance of APO of the items
procured in case where no installation, commissioning is involved) on the existing
vendors at the same rate or a rate negotiated (downwardly) considering the reasonability
of rates based on prevailing market conditions and the impact of reduction in duties and
taxes etc.(with due approval of the Board).

Add-On order upto 50% quantity shall be placed with approval of concerned Director and
Add-On order for more than 50% quantity shall be placed with approval of CMD TCIL.

2.8 PURCHASERS RIGHT TO VARY QUANTITIES

TCIL will have the right to increase or decrease up to 25% of the value of goods and services
specified in the schedule of requirements without any change in the unit price or other terms
and conditions at the time of award of contract.

2.9 FORCE MAJEURE

The supplier shall be exempted from the responsibility for any non-performance arising from
a case of force majeure or act of God, hereinafter called force majeure (a) war and (b)
earthquake. If such circumstances should arise, the supplier shall inform the purchaser within
72 hours in writing of the existence of the fact before suspending work without penalty on
either side from the period of such suspension not exceeding 3 months. Likewise, it must
proceed to inform the end of such fact. As soon as the facts constituting a force majeure
cease in their effects, the supplier shall restart or continue the fulfillment of its obligations
agreed upon. Should suspension of work as explained above exceed three months, the
contract shall be violable at the option of either party without penalty on either side.

2.10 ARBITRATION

All disputes or differences whatsoever arising among the parties under and/or in connection
with and/or in respect of this tender shall be referred to and decided by a sole arbitrator, who
shall be nominated by the CMD, TCIL. The arbitration shall be conducted in accordance with
Arbitration and Conciliation Act of 1996 as amended from time to time and the venue of the
arbitration shall be in New Delhi.

For Public Sector Undertaking / Government Departments: “In the event of any dispute or
difference relating to the interpretation and application of the provisions of this contract, such
dispute or difference shall be taken up by either party for resolution through AMRCD as
mentioned in DPE OM No. 4(1)/2013-DPE (GM)/FTS-1835 dated 22.05.2018.
Any party aggrieved with the decision of the committee at the Ist level (tier) may prefer an
appeal before the Cabinet Secretary at the Second level (tier) within 15 days from the date of
receipt of decision of the committee at First level, through its Administrative Ministry/ Deptt in

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terms of para 4, 5 and 7 of above DPE OM dated 22.05.2018, whose decision will be final
and binding on all concerned.”

2.11 FALL CLAUSE

a) The prices once fixed will remain valid during currency of rate contract. Further, if at any
time during the contract
 It comes to the notice of purchaser regarding reduction of price by the
supplier/vendor for the same or similar equipment/ service;
And/or
 The prices received in a new tender for the same or similar equipment/service are
less than the prices chargeable under the contract.

The purchaser, for the purpose of rate contract, if any, will determine and intimate the new
price, taking into account various related aspects such as quantity, geographical location
etc., and the date of its effect for the balance quantity/ service to the vendor. In case the
vendor does not accept the new price to be made applicable during the extended delivery
period and the date of its effect, the purchaser shall have the right to terminate the contract
without accepting any further supplies. This termination of the contract shall be at the risk
and responsibility of the supplier/vendor/contractor and the purchaser reserves the right to
purchase the balance unsupplied quantity/ service at the risk and cost of the defaulting
vendor besides considering the forfeiture of his performance security.

b) The vendor during any time of the currency of the rate contract, shall have to provide an
undertaking as “We have not reduced the sale price, and/ or offered to sell the same or
similar equipment/ service to any person/organization including Department of
central/state Government or any central/state PSU at a price lower than the price
chargeable under the contract for scheduled delivery period.”

In case clarification is required by TCIL, the vendor supplier shall produce related
documents such as PO/Agreement etc.

2.12 OFFLINE DOCUMENTS

The Bidder should submit all the bid documents (except Bank Guarantee) online as
indicated in the Tender /EOI schedule. The Tender Fees is to be submitted by NEFT mode
and UTR No. is to be provided by bidder in their online bid. Only Bank Guarantee if
required in tender/EOI schedule shall be taken in offline mode.(Address to be given where
it is to be submitted)

Documents submitted in online mode should be uploaded using DSC of person authorized
as per Authorization letter /Board Resolution for signing bid documents.

2.13 BANNING OF NON-PERFORMING VENDOR

In case any of the vendor‟s work/PO/agreement is cancelled/terminated by TCIL after

award, due to non-performance, the vendor may be banned/blacklisted upto 5 years or
action as deemed fit may be taken by TCIL

2.14 AMENDMENT TO BID DOCUMENTS

a) At any time, prior to the date of submission of bids, TCIL may for any reason, whether
at its own initiative or in response to a clarification requested by a prospective bidder,

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modify the bid documents by amendments, which shall be available on TCIL Website
and the e-tendering portal.

b) In order to give required time to the prospective bidders, in which to take the
amendments into action in preparing their bid, TCIL may at its discretion extend the
deadline for submission of bid suitably.

2.15 BID PRICE

a) The prices quoted by the bidder shall remain firm during the entire period of the
contract and shall not be subject to variation (unless asked by TCIL). Clauses such as
“at actual”, “extra‟, “to be given later” etc. shall also be treated as non-responsive &
are liable for rejection.

2.16 MODIFICATION AND WITHDRAWAL OF BIDS

a) Bid withdrawal/modification shall not be allowed after end date and time of bid
submission.

b) Withdrawal of a bid between the deadline for submission of bids and the expiration of
the period of bid validity specified in the tender or as extended, may result in the
forfeiture of the bid security. Such defaulting vendor is liable to be debarred from
participating in future bids for a period of upto 5 years.

2.17 CLARIFICATION OF BIDS

During evaluation of bids, TCIL may at its discretion ask the Bidder for clarifications/
confirmations/ deficient documents of its bid. The request for clarification and the
response shall be in writing and no change in the price of substance of the bid shall be
sought or permitted.

2.18 TERMINATION FOR DEFAULT

a) TCIL may, without prejudice to any other remedy for breach of contract, by written
notice of default, sent to the supplier, terminate this contract in whole or in part.
- if the supplier fails to deliver any or all the services/goods within the time period
specified in the contract, or any extension thereof granted by TCIL.
- if the supplier fails to perform any other obligation(s) under the contract;
- if the supplier, in either of the above circumstances, does not remedy his failure
within a period of 15 days (or such longer period as TCIL may authorize in
writing) after receipt of the default notice from TCIL.
- Failure of the successful bidder to comply with the requirement of submission of
performance security shall constitute sufficient ground for cancellation of the
award of work and forfeiture of the bid security.
b) In the event TCIL terminates the contract in whole or in part pursuant to above
clause, TCIL may procure, upon such terms and in such manner as it deems
appropriate, goods/services similar to those undelivered and the supplier shall be
liable to TCIL for any excess cost for such similar goods/services. However, the
supplier shall continue the performance of the contract to the extent not terminated.

2.19 TERMINATION FOR INSOLVENCY :

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TCIL may at any time terminate the contract by giving written notice to the supplier,
without compensation to the supplier, if the supplier 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 TCIL.

2.20 At any time, in case it comes to the knowledge of TCIL any of wrong information related
with eligibility of the bidder or non-compliance to any terms and conditions of tender,
then TCIL reserves the right to cancel or reject the bid of such bidder, cancel the tender
or take any other action as deemed fit in accordance with tender terms and conditions.

END OF SECTION-2

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SECTION-3: SPECIAL CONDITIONS OF CONTRACT

Note: In case clauses/ sub-clauses have any difference mentioned in this EOI at different places,
the conditions mentioned in this section shall prevail.

3.1 PAYMENT TERMS

Payment terms will be on back to back basis. TCIL shall release the payment to the vendor
only after receiving the payment from the client.

The payment shall be released to contractor only if and when received by TCIL from the
client and subject to submission of complete documents and invoices etc. by it.

The contractor will not demand or make any claim under any law with respect to the pending
payment till the time corresponding payment is received by TCIL from the Client. TCIL shall
not be responsible in any manner whatsoever for any delay in releasing the payments or
withholding of payments by the Client.

The date of delivery of goods and/or rendering of services by the contractor shall be the
date of realization of payment from the client once the goods and/or services are accepted
by the client.

If in the instant contract, contractor is acting only as trader/reseller/distributor/authorized

agents and/or is engaged in a WORKS contract, no benefits under MSME Act 2006 and
PPP Policy 2012 as per MSE Guidelines issued by Ministry of MSME would be applicable to
it.

3.2 PERFORMANCE SECURITY

a) The bidder will submit undertaking to submit back-to-back PBG (Performance Security)
as submitted by TCIL to end Client if the contract is awarded to TCIL by end Client.

b) PBG to be submitted in the prescribed format from a SFMS enabled Scheduled

Commercial Bank through SFMS Platform as per details below:

Name of Beneficiary and Name Telecommunications Consultants India

its Details Limited
Address TCIL Bhawan, Greater Kailash-1, New
Delhi-110048
Name of Beneficiary Name ICICI Bank Limited
Bank and its Details Address 9-A PHELPS Building, Connaught Place,
New Delhi- 110001
IFS Code ICIC0000007

c) The proceed of performance security shall be payable to TCIL in case of breach of any
of the terms and conditions of the contract/PO/tender by the vendor.
Recovery/adjustment due to LD or any other loss to TCIL shall be in addition to point f).

d) The performance security will be discharged by TCIL after completion of supplier‟s

obligations, including any warranty obligations, under the contract.

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e) PBG should be valid till as per client‟s tender requirement. PBG shall be valid till the
contractual obligations. The PBG shall be refunded once the PBG of TCIL is returned by
the client.
f)
g) Failure of the successful bidder to submit the Performance Security or bidders‟ failure to
complete its obligations under the contract shall constitute sufficient ground for the
annulment of the award / cancellation of the award of work and forfeiture of the bid
security/performance security.

h) Additionally, TCIL reserves the right to debar such defaulting bidder from participating in
future bids for a period up to 5 years.

3.3 PRICE BASIS

a) Prices shall be quoted in Indian rupees, and shall be inclusive of GST. The GST/
taxes will be shown separately. TDS deduction shall be made as per the
prevailing Govt. Laws / notification.
b) It is mandatory for successful bidder to register in the state of work after award of
work.