uttar pradesh west telecom...

BID DOCUMENTS T.E.No. UPW/MM/E-TENDERING/2013-14

Uttar Pradesh West Telecom Circle

BHARAT SANCHAR NIGAM LIMITED (A Govt. of India Enterprise)

DOCUME

BID DOCUMENTS

No. Item GR/Specification

1 Tender for appointment of an Agency for providing e-procurement /support (e-tendering and e-Reverse Auction) on behalf of BSNL UP WEST TELECOM CIRCLE, MEERUT-250 004

Relevant CVC guidelines and STQC guidelines approved and notified by DIT for quality requirement of e-Procurement system

Tender Enquiry No. : - UPW/MM/E-Tendering/2013-14 Date of Issue : - 07.06.2013 Date of Submission : - 29.06.2013 up to 14:30 hrs Date of Opening : - 29.06.2013 AT 15:00 hrs. Bid validity : - 150 days

Material Management Cell O/o CGMT UP West Telecom Circle

4th Floor, Shastri Nagar Telephone Exchange Building Tejgarhi Chowk, Meerut-250 004

Phone No - 0121- 2642565 Fax No - 0121- 2668900 E-mail : [email protected]

Visit us at : www.upw.bsnl.co.in

T.E.No. UPW/MM/E-TENDERING/2013-14 Dated: 07.06.2013

All clauses are complied

Signature of the bidder with seal

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TABLE OF CONTENTS

SECTION TITLE PAGES

I Notice inviting tender 3-4

Mandate Form 5

Undertaking 6

Check list to Bidder 7-9

II Scope of work/Schedule of requirement 10-14

CVC Guide Lines 15-16

III Special conditions of the contract 17-20

IV Instructions to bidders 21-34

V General(Comm) conditions of the contract 35-38

VI Bid Form 39-41

VII A Bid security form 42

VII B Proforma for GPA 43

VIII Performance security bond form 44

IX Letter of authorization for attending bid opening 45

X Blacklisting 46

XI Integrity pact 47-50

Appendix- A 51

Appendix- B 52

XII Price Schedule 53-54




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SECTION - I

NOTICE INVITING TENDER BHARAT SANCHAR NIGAM LIMITED ( A Government of India Enterprises )

OFFICE OF THE CHIEF GENERAL MANAGER, UP WEST TELECOM CIRCLE

Meerut - 250 004 Sealed limited tenders are invited from registered and established eligible bidders. Bid will be opened in two parts i.e Technical & financial on different dates.

Tender Enquiry Ref.No. Price of bid document

Sale of Bid document

Date and Time of

Bid Security Receipt of

bid till

Opening of Technical

bid

Opening of Financial bid

UPW/MM/E-Tendering/2013-14/

Dtd 07.06.2013

Rs.568/-

(Non refundable)

07.06.13 to 28.06.13

29.06.13 upto 14.30

hrs.

29.06.13 at

15.00 hrs.

To be notified later, to

technically eligible bidders participating in

the bid.

As detailed below.

Sl No.

Item

Qty (No. of Events)

Bid Security (In Rs.)

Max. no of bidders on

whom orders are likely to be

placed

GR/Specification

1

Tender for appointment of an Agency for providing e-procurement /support (e-tendering and e-Reverse

Auction) on behalf of BSNL UP WEST TELECOM

CIRCLE, MEERUT-250 004

40 10000/- 1(One)

Relevant CVC

guidelines and STQC guidelines

approved and notified by

DIT for quality requirement

of e-Procurement

system

1 Tender documents can be obtained from Asstt. General Manager (MM), Material Management Cell O/o CGMT UP West Telecom Circle, 4th Floor, Shastri Nagar Telephone Exchange Building,Tejgarhi Chowk, Meerut-250 004 from 1100 Hrs. to 1500 Hrs. on any working day during the period mentioned above, on production of Demand Draft / Crossed Banker Cheque of Rs.568/- in favour of Accounts Officer (Cash), O/o the CGMT UP West Telecom Circle, BSNL, Meerut.

2. The complete set of Bid Documents is available on the website of UP West Telecom Circle (www.upw.bsnl.co.in / www.tenders.gov.in ) and the downloaded copy shall be considered valid for participation in the tender process. However, such bidders shall have to pay the requisite




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amount of price for bid documents by Demand draft/ Crossed Banker cheque drawn in favour of Accounts Officer (Cash), O/o the CGMT UP West Telecom Circle, BSNL, Meerut from any Nationalised/scheduled bank before submission of the bid documents in token of purchase of the tender documents. 3. All pages of the tender documents must be signed with stamp by authorized signatory

before submission.

4. Before submission of the bid, the bidders may go through the checklist and ensure the packing of the bid as prescribed in the bid document. (Instructions to bidders (Page 21-34)).

Asstt. General Manager (MM)




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MANDATE FORM

(Authorization letter for payment of supplier’s contractors bills through E-payment Scheme).

PRO-FORMA

1. Name of the Company/Firm

2. Address :

3. Particulars of Bank Account :

• Name of the Bank • Branch Name • Type of Account SB Account/Current/Account • Ledger No./Folio No • Name of the Account Holder • Account Number as appearing On the Cheque Book/Pass Book

• Branch Code • Address • Telephone No of the Branch • Whether SEFT system available Yes/No • Whether RTGS enabled branch Yes/No • If RTGS enabled, give IFSC Code • 9-digit code number of the bank and Branch As appearing on the MICR Cheque issued by The Bank

Date of Effect:

Abbreviation/Acronym used above is as under:

1. SEFT-Special Electronic Funds Transfer

2. RTGS – Real Time Gross settlement

3. MICR – Magnetic Ink Character Recognition.




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Undertaking I/We, hereby, express my willingness to receive payment of the bills through Electronic Fund Transfer Scheme. I/We do authorize Accounts Officer (Cash) O/o CGMT BSNL, UP West Circle, Meerut to arrange to credit the payment of my bills through Electronic Payment System to my account numbers as given above. I am ready to bear any charges levied by any Bank in this regard. I/We, hereby, undertake that till a change is requested by me/us the payment shall continue to be made in the aforementioned account. I/We, do hereby, declare that the particulars given above are correct and complete to the best of my/our Knowledge. If the transaction is delayed or not effected at all for incomplete information. I would not hold BSNL responsible. Any dispute, if arises will be subject to Meerut jurisdiction. Date: Name and Signature of the Authorized Signatory with Seal. Encl: Please attach a self-attested photocopy of Cheque Or a cancelled cheque. ---------------------------------------------------------------------------------------------------- (Verification to be done by the Bank of Vendor) Certified that the particulars furnished above are correct as per our records. Name and Signature of the Authorized Officer (from the bank) Bank Seal Date :




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CHECK LIST FOR BIDDERS

1. The bidder should have valid ISO 27001:2005 Certification and ISO 9001:2008 certification (latest currently valid copy of both must be enclosed).

2. The Bidder should have its e-procurement system audited by STQC for compliance

of relevant guidelines for quality requirement of e-Procurement system notified by DIT. Such audit should have been conducted after 01.01.2012/2013. Copy of the audited report from STQC or equivalent should be submitted.

3. The bidder should ensure that all documents are fully authenticated by the authorised

signatory under his signature with his official seal.

4. The following documents form part of the Bid.

i. Duly filled Bid Form (Section-VI,).

ii. Duly filled Price Schedule (Section-XII) in duplicate.

iii. All the pages of the tender document duly signed on each page by the authorised signatory as compliance statement.

iv. Statement of deviations of the terms and conditions of the tender document, if any.

v. Power of Attorney in favour of the signatory signing the bid documents as per terms and conditions prescribed in clause 14.4, Section-IV, Instructions to bidders. It is not required in case of proprietary firm if the proprietor himself signs the documents.

vi. Copy of Memorandum of Association or Partnership Deed if it is not a proprietary firm duly signed by authorized signatory.

vii. Copy of current and valid clearance from Central and State Sales Tax Authorities or copy of the latest return filed.

viii. Copy of valid Registration with the National Small Industries Corporation (NSIC) for of the offered item. The factory address mentioned in the NSIC registration . If the Registration with NSIC is older than 3 (three) years, a document confirming about its validity is required. The monetary limit should be more than the amount of bid security amount indicated in the tender documents.

ix. Bank guarantee towards bid security on non-judicial stamp paper of appropriate value and valid for 180 days from the date of opening of the bids.

x. The Bidder should have experience in conducting e-procurement for a minimum period of last two years, necessary documents such as copy of e-procurement agreement / work order / letter from customer should be enclosed. Certificates of their successful execution should be enclosed.

xi. Certificate regarding near relative as per Performa given in clause: 34, Section-IV, Instructions to bidders

xii. Any other supporting document asked for.




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TABULATED CHECKLIST PROFORMA FOR THE BIDDERS

Sl. Document Clause No. of the bid document

Submitted (Pl tick mark)

Not submitted (Pl tick mark)

1 Tender Fee Section-I 2 Bid Security/ NSIC Certificate Section IV,Clause-12 3 Should have annual turn over of 5

Crore & above during each of the last three years ( 09-10,10-11, 11-12) also be considered if audit result is available.

Section-III Clause-2 (a)

4 Certificate regarding non working of bidder’s near relative

Section-IV,Clause-33

5 Power of Attorney in favour of person signing BID

Section-IV, Clause-14.4

6 Certificate of incorporation Section-IV, Clause-10.1 ( i )

7 Articles/Memorandum of Associations or Partnership Deed or Proprietorship deed

Section-IV,Clause-10.1 ( ii )

8 Registration certificate from state Director of Industries or from Secretariat of Industrial Approval (SIA), Min of Ind., GOI

Section-IV,Clause-10.1(iii)

9 Bidder should have Net worth of at least 25 Crore as on 31/3/11 or 31/3/12 (Attested copy of annual audited annual report should be enclosed)

Section-III Clause-2 (b)

10 valid ISO 27001:2005 Certification and ISO 9001:2008 certification

Section-III Clause-2 (e) Section-IV Clause-10 (VII)

11 Bidder should be in E-Commerce business for more than two years (attested copy of documents should be enclosed)

Section-III Clause-2 (c)

12 Attested Copy of the audited report from STQC or equivalent should be submitted.

Section-III Clause-2 (h) Section-IV Clause-10 (VIII)

13 Proof of Past experience in conducting E –procurements for minimum period of two years of BSNL/PSU/Central/State Gov Departments.(Necessary docu. Such as attested copy of 1 E-Procurement agreement 2 Work Order 3 Letter from Customers. Should be enclosed.

Section-III Clause-2 (d)

14 Undertaking duly signed by front bidder and its partner

Section-IV, Clause-12.7(d)

15 Clause by Clause compliance on the purchasers’ technical

Section-III,Clause-12 Section IV Clause-7 (C)




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specification and commercial condition

16 No deviation certificate Section-III,Clause-12 17 Attested Copy of service Tax

Registration Section IV Clause-7 (f)

18 Bidder should have its own IT infrastructure (hardware and software) with latest IT technology which should not be more than two years old (Proof for the same may be enclosed).

Section-III Clause-2 (g)

19 Proof of ownership of servers (Own dedicated servers , Data Centers & disaster recovery server for conducting E procurements.) In the form of PO copy & vender Sign Off copy to be submied.

Section-III Clause-2 (f)

20 Bidder shall indemnify & confirm that the firm is fully comply with DIT Guidelines dated 31/08/2011 as well as CVC Guidelines as per circular 29/9 of 2009 dated 17/09/9 & 18/4 of 2010 dated 26/04/2010 & other relevant guidelines.

Section-III Clause-2 (i)

21 Bidder should confirm that they have installed tamper proof medium in their hard ware for capturing audit trial of all activities .Such confirmation should be supported by documentary evidence .BSNL UP West Circle reserve the right to reject such documentary evidence if it is not found to be satisfactory.

Section-III Clause-2 (j)

22 Certificates by the firm that the Firm has not been Blacklisted in the past in the format.

Section-X




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SECTION - II SCOPE OF WORK/SCHEDULE OF REQUIREMENTS

TENDER NO. UPW/MM/E-TENDERING/2013-14 Dated: 07.06.2013

1.0 Brief description of Scope of Work/ Schedule Of Requirement

Sl No.

Item

Qty

(No. of events)

GR/Specification

1 Tender for appointment of an Agency for providing e-procurement /support (e-tendering and e-Reverse Auction) on behalf of BSNL UP WEST TELECOM CIRCLE, MEERUT-250 001

40 Relevant CVC guidelines and STQC guidelines approved and notified by DIT for quality requirement of e-Procurement system

1.1 The quantity stated above are estimated and BSNL reserves the right to vary the quantity to the extent of -50 % to +50 % of specified quantity at the time of award of the contract without any change in unit price or other terms & conditions. However actual quantity may vary depending upon the requirement and the bidder shall not claim for order of full quantity.

2. Scope of Work :

The selected Service Providers are expected to execute various activities on the e-tendering subject, including but not limited to the following:

2.1 To provide the e-procurement platform /solution / support to BSNL, UP West Telecom Circle for conducing of e-Tendering at its various establishments.

2.2 To provide Technical Support and Training for execution of various activities to be conducted by the officers of BSNL, UP West Telecom Circle as well as Supplier/Bidder organization which broadly includes the following.

a) Provide training to the BSNL officers. b) Assigning login accounts and passwords to various bidders participating in e-

tenders and to the selected officers of BSNL. c) Various e-tendering activities like creation of NIT & issuance of

Amendment/Corrigendum etc., downloading bidding documents by the bidders, Bid preparation and submission by the Bidders etc.

d) Assist BSNL officers in using the portal for receiving, uploading, compiling clarifications from the bidders and uploading replies.

e) Arrange training and assistance to the bidder on various aspects of e-tendering including registration at the cost of the bidders participating in the e-tendering .

f) Assist BSNL officers in Public online techno-commercial/financial bids opening and evaluation.

g) Automatic generation of comparison charts showing techno-commercial compliance data and financial data submitted by various bidders.

h) Assist in floating post bid queries during techno-commercial evaluation. i) Automatic generation of comparison charts including techno-commercial

compliance data of various bidders based on electronic forms uploaded by the bidders etc. after TOE of techno-commercial part and financial data after TOE of Financial part.

j) Accessing the bids and other details including comparison charts any time after TOE.




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k) Generation of detailed activity log, audit trail reports and other related records as and when required.

l) Configuration of optimum-e-Reverse Auction as per requirement of BSNL, UP West Telecom Circle, Meerut.

m) Conduct of online e-Reverse Auction events.

2.3 To provide Helpdesk support to BSNL, UP West Telecom Circle, Meerut and its bidders through telephone, available 8 hours (10:00 AM to 6:00 PM) x 6 days (all the days of the week except Sunday and gazette holiday)

3. Contract Period : Minimum one year from the date of signing of contract, however

can be further extended on mutually agreed basis. 4. Schedule Of Requirement

1) The Bidders should take into consideration the following and quote accordingly.

The Service Provider need not advertise the e-procurement in the press and all such publicity will be done by BSNL UP West Telecom Circle, Meerut at its expense.

2) The Bidder in respect of e-Procurement should quote per Tender/Event basis in the quotation form enclosed. The cost of service quoted, should be written both in words in figures clearly and correction, if any, should be attested. The Bidders should note that the cost of service to be quoted should be on per Tender/Event basis. Any Tender not in accordance with the above requirement may not be considered. The Bidder may also quote any other cost and specify the same.

3) The Service Provider shall provide assistance that may be required for conducting the e-Procurement. Service Provider shall make its system ready for use so that the first Event/Tender can be conducted within 10 Days from the date of award of contract.

4) In the event of the breach of any of the provisions of contract by the contractor, BSNL UP West Telecom Circle, Meerut shall have the right to terminated the contract summarily.

5) In the event of BSNL UP West Telecom Circle, Meerut terminating the Contract for breach by the Contractor of any of the provisions thereof the Contractor shall be liable for any loss suffered by BSNL UP West Telecom Circle, Meerut up to the time of the termination of the Contract and for any further loss which BSNL UP West Telecom Circle, Meerut may suffer during the remainder of the period originally covered by the contract.

6) It is agreed that should the amount of statutory levies payable on any service under this contract be increased or decreased during the period of this contract such increase or decrease shall be on BSNL UP West Telecom Circle, Meerut’s account and the Contract rate amended accordingly for all services made by the Contractor under this contract on which revised tax has actually been paid.

7) Any notice to the Contractor shall deemed to be sufficiently served, if given or left in writing at his usual or latest known place of abode or business.

8) The contract period will be initially for one year. Extension of the contract for further period after expiry of the contract period, if necessary, will be at discretion of BSNL UP West Telecom Circle, Meerut.

9) The Contactor’s subsidiary company, Firm / partners are not entitled to participate in the Tenders floated for e-procurement through the Contractor. In the event of any deviation, the contract is liable for termination and the SD forfeited.

Tender creation :-

• Tender should be created in the e-procurement module. Tender should be sent to probable vendors through e-mail and tender should be displayed in the web site.




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• Module should support defining the base attributes of the tender such as open / limited tenders, governing norms, applicable vendors etc. System should have features by which contents of previously completed tender can be used on to a new tender to reduce tender preparation.

. BSNL UP West Telecom Circle, Meerut should be able to use different types of bid

like single / to part bid, their sequence etc on the system with the laid down process and requirement of a tender. Necessary templates shall be provided. There shall be provision for making payment of EMD applicable and exemption of EMD/Tender cost for MSE/NSIC bidders.

• There shall be provision for creating preparing and adding different types of conditions

either as a text or an attached file.

• On release, the tender details shall be viewed publicly.

• The tender can be revised in terms of extension of dates, selection of bid openers or any change in scope or terms.

• Proposed systems should have in built checks to ensure any change in the released

tender is only through defined process and would not be made to an event or clause whose scheduled time for bidding / opening etc. is over.

• The proposed system/platform should be able to be customized as per the requirement of the tenders of BSNL.

• The system provides facility for alters in the form of email to be sent to the vendors.

In case of any extension of dates and addition of vendors the same alters need to be sent.

Down loading of tender :-

• Vendors should be able to download the tender for bid preparation.

• Vendors need to bid only online. Any payment associated with the tender would be through electronic / traditional modes. Necessary templates should be provided for vendors to participate in the bid for supply / works/ project contracts.

Bid preparation and submission :-

• The system should guide the vendors to ensure that all mandatory information is provided by vendors before the bid is submitted.

• The system should allow the vendors to modify/ withdraw the bid before the scheduled Tender opening event.

• The system should allow the vendors to save the quotation in draft mode for

submission later with facility for modification.

• Further, multiple bid submission before due date would be allowed with the last bid being the one to be considered by system automatically.

• The system modes have provision to allow the vendors to mentioned deviation if any

from their site. The system should allow the vendors to upload / attach appropriate documents. The vendors should be able to select and attach the required documents with specific tenders. System should generate the time stamped receipt with a unique bid no. to the vendors for their record.




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Bid opening :-

• Only Authorized Officer of BSNL UP West Telecom Circle, Meerut should be able to log in the system and access to open the bid for the tender at a specified date and time only. System should allow one or more officers to be associated as an opener and in such a case all multiple openers long in would be mandatory for each bid opening.

Technical bid opening :-

• On closure of submission of bids, the process of technical bid opening would start on the date and time as specified in the tender document. Vendors should also be able to access the technical bid opening from their place and their attendance should be electronically recorded.

Techno Commercial evaluation statement :-

• Opened technical bids are compared and scrutinized and system should generate bid comparative statement in a spread sheet formats and stipulated templates as well as customized formats. This facility should work as a decision support tool for officials for evaluating and short listing of qualifying bidders. The qualifying list of vendors is automatically generated by the system.

Price bid opening :-

• The same procedure of opening of techno-commercial bid should be followed. Price bid evaluation :-

• Comparative statement should be generated from the system from bid data. The system should allow computation of ranking / price based on pre-determination loading factors.

Placement of order :-

• Purchase order should be placed favoring the lowest offer through system. Necessary templates shall be provided for supply/ works/ project contracts.

e-Reverse Auction :-

• Creation of tender document shall be same as stated above. Bids shall be invited on-line from eligible venders through a process of reverse auction. The reverse auction process shall be open for a pre-defined period with in-built feature of auto-extension of closing time depending on bidding pattern. During the process, bidders shall progressively lower their bids and names of bidders shall remain hidden from fellow bidders, officials of BSNL UP West Telecom Circle, Meerut and the service provider.

Data storage :-

• All data shall be retained for a period of 10 years.

Training :-

• It is necessary to impart training for Officers and employees of BSNL UP West Telecom Circle about e-procurement.




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• Initially, it may be required to train the vendors who are regularly participating in BSNL UP West Telecom Circle tenders about the e-procurement.

• Digital Signature Certificate (DSC) / e-Token The successful bidder shall arrange for providing DSC / e-Token from Certifying Agencies authorized by Govt. of India under Information Technology Act, 2000 to the users of BSNL UP West Telecom Circle and also to the bidders, if required for carrying out the e-tendering activities.




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CVC GUIDELINES

CHECK POINTS TO ACHIEVE SECURITY CONSIDERATIONS IN E-PROCUREMENT SOLUTIONS

Sl.No.

SECURITY CONSIDERATIONS YES NO

1. Whether the application is secure from making any temporary distortion in the electronic posting of tender notice, just to mislead certain vendors ?

2. If yes at 2 above, then whether any automatic systems alert is provided in the form of daily exception report in the application in this regard?

3. Whether application ensures that the tender documents issued to / downloaded by bidders are complete in shape as per the approved tender documents including its entire corrigendum?

4. Is there any check available in the application to detect & alert about the missing pages to the bidder, if any?

5. Whether application ensures that all the corrigendum issued by the Competent Authority are being fully communicated in proper fashion to all bidders including those who had already purchased / downloaded the bid documents well ahead of the due date & before uploading the corrigendum ?

6. Whether system is safe from sending discriminatory communication to different bidders about the same e-tendering process ?

7. Whether e-procurement solution has also been customized to process all type of tenders viz. Limited / Open / Global Tenders ?

8. Whether online Public Tender opening events feature are available in the application ?

9. Whether facilities for evaluation / loading of bids, strictly in terms of criteria laid down in bid documents are available in the application ?

10. Whether sufficient safeguards have been provided in the application to deal with failed attempt blocking ?

11. Whether application is safe from submission of fake bids ?

12. Whether encryptions of bids are done at clients end ?

13 Whether safety against tempering and stealing information of submitted bid, during storage before its opening is ensure ?

14. Whether application is safe from siphoning off and decrypting the clandestine copy of a bid encrypted with Public key of tender opening Officer ?

15. Whether application is safe from mutilation / sabotage or otherwise rendering the encrypted bid in the e-tender box during storage to make it unreadable / invalid in any form before opening of the bids ?

16 Whether introduction of special characters / executable files etc. by




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users are restricted in the application ?

17. Whether validity check of DSC is being done at server end?

18. Whether system supports the feature that even though if a published tender is being deleted from the application, system does not allow permanent deletion of the published tender from the Data base ?

19.

Whether sufficient security features are provided in the application for authentication procedure of the system administrator like ID, password, digital signature, biometric etc.?

20. Whether audit trails are being captured in the application on media not prone to tampering, such as optical write once ?

21. Whether log shipping feature is available, where a separate dedicated server receives the logs from the application over a web service in real time ?

22.

Whether integrity and non-tampering is ensured in maintaining the server clock synchronization & time stamping ?

23. Whether application generates any exception report/ system alters etc. to indicate the resetting of the clock. In case the application for time stamping is killed at the server level and time is manipulated ?

24. Whether application ensures that the quotes from various bidders with their name are not being displayed to any one including to the Organization during carrying out of the e-reverse auctioning process ?

25. Whether application is fit for usage complying with the requirements of tender processing viz. Authenticity of bidder, non-repudiation and secrecy of information till the actual opening of tenders ?

26. Whether any comprehensive third party audit (as per statutory requirement and also as per the requirements of e-tender processing (compliance to IT Act 2000) was got conducted before first putting it to public use ?

27. Whether application complies with the commission’s guidelines dated 19.09.2009 on Security considerations for e-procurement systems ?




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SECTION – III

SPECIAL CONDITIONS OF CONTRACT 1] Special conditions of contract shall supplement the “instructions to the Bidders’ as contained

in Section IV “General (Commercial) Conditions of the Contract” as contained in Section V, and whenever there is a conflict, the provisions herein shall prevail over those in Section IV & Section V.

2] Eligibility Conditions:

a] The Bidder should have an annual turnover of Rs. 5 Crores and above during each of the last three years 09-10 & 10-11, 11-12. Attested Copies of audited Annual Reports should be enclosed.

b] The Bidder should have a Net worth of at least Rs. 25 Crores as on 31.03.2011 or 31.03.2012 (Attested copy of audited Annual Report for 2010-11/2011-12 should be enclosed).

c] The Bidder should be in e-commerce business for more than two years be a added qualification (documents in support of them should be enclosed).

d] The Bidder should have experience in conducting e-procurement for a minimum period of two years for BSNL/PSUs/Central/State Government Departments, necessary documents such as copy of e-procurement agreement / work order / letter from customer should be enclosed.

e] The Bidder should have valid ISO 27001:2005 Certification and ISO 9001:2008 certification (latest currently valid copy of both must be enclosed).

f] The Bidder should have its own dedicated server, Data Center and disaster recovery server for conducting e-procurement. The BSNL UP West Telecom Circle, Meerut has the right to inspect and verify for the compliance of the same. Proof of ownership of servers in the form of Purchase Order copy and Vendor Sign Off copy to be submitted.

g] To Bidder should have its own IT infrastructure (hardware and software) with latest IT technology which should not be more than two years old (Proof for the same may be enclosed).

h] The Bidder should have its e-procurement system audited by STQC for compliance of relevant guidelines for quality of the system. Such audit should have been conducted after . 01.01.2012/2013. Attested Copy of the audited report from STQC or equivalent should be submitted.

i] Bidder shall indemnify & confirm that the firm and its application software being provided is fully comply with the security, transparency and functionality Guidelines on e-Procurement issued DIT Guidelines dated 31/08/2011 as well as CVC Guidelines as per circular 29/9 of 2009 dated 17/09/9 & 18/4 of 2010 dated 26/04/2010 & other relevant guidelines.

j] The Bidder shall confirm that they have installed tamper proof medium in their hardware application for capturing audit trail of all activities. Such confirmation should be supported by documentary evidence. BSNL UP West Telecom Circle, Meerut reserves the right to reject such documentary evidence if it is not found to be satisfactory.

[Note : Copies of documents submitted by the Bidders it should be attested by the authorized signatory power of attorney & indemnity bond should be non judicial stamp papers of proper value prevails in the state and authorized by the public notary 3] The following documents should be submitted along with the bid in the ‘Envelope A’:




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I) The bank guarantee for bid security or NSIC registration in respect of SSI units as prescribed under Clause 12, Section – V of the Bid Document. &Tender fee in the form of DD/Banker Cheque as per Section I of Bid Documents.

4 (i) The Bids should be submitted in a manner as mentioned in Tender Clause No. 15.1 of Section-IV.

The Bank guarantee for bid security or NSIC certificate for claiming exemption from submission of bank guarantee against bid security, and the eligibility documents as per the NIT as prescribed in clauses 12.1 & 12.3, Section IV of the bid document must be submitted in the second sealed cover. The bank guarantee so submitted shall be as per format given in Section VII on prescribed judicial paper with stamps of proper value and should contain full address of the issuing branch of the bank with its Telephone and FAX numbers. This cover should be super scribed as BID SECURITY FOR TENDER NO. - UPW/MM/E-TENDERING/2013-14 Dtd 07.06.2013

(ii) In case where the documents of bid security and certificates are not submitted in the

manner prescribed in clause 3(i) above, cover containing the commercial, technical and financial offers SHALL NOT BE OPENED AND THE BID SHALL BE REJECTED AND RETURNED TO THE BIDDER UNOPENED.

5. a. The small scale Industries registered with National Small Scale Industries Corporation (NSIC) for the tendered item under single point registration scheme and desirous of claiming concessions available to such units inclusive of bid security should submit their latest NSIC certificates and documents in respect of their monetary limit and financial capability duly certified by NSIC.

b. If a vendor registered with NSIC under single point registration scheme claiming concessional benefits is awarded work by BSNL and subsequently fails to obey any of the contractual obligation, he will be debarred from any further work/contract by BSNL for one year from the date of issue of such order.

6. Purchaser reserves the right to disqualify such bidders who have a record of not meeting

contractual obligations against earlier contracts entered into with the purchaser.

7. Purchaser reserves the right to blacklist a bidder for a suitable period in case he fails to honour his bid without sufficient ground.

8 The Purchaser reserves the right to offer counter offer price(s) against the price(s) quoted

by any bidder. 9 The clarifications to be sought by the bidders from the purchaser shall be furnished in the

following format. Sl No | Clause no/Sec No/GR No | Item description | Clarification sought

The clarifications sought by the bidder prior to the tender and the replies to be

submitted against the clarification sought by BSNL after the tender opening should be submitted in soft copy apart from the hard copy submitted to the AGM / DGM of MM cell in BSNL in circle office. The clarifications should be sought for commercial conditions and technical conditions separately in the above format. The clarifications sought without any mention of the clauses of the tender document/GR may not be considered.




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10 Any clarification issued by BSNL in response to query raised by prospective bidders shall form an integral part of Bid Documents and it may amount to an amendment of relevant clauses of the Bid Documents.

11 Minimum quantity to be quoted in the bid by the bidder is for 100%. 12 The bidder must comply to all tender and GRs conditions. Clause by Clause compliance for

the tender document shall be submitted by the bidder along with the No deviation certificate. The copy of the clarifications/ corrigendum shall also be submitted by the bidder duly signed on every page along with compliance against each clause. Separate annexure shall be enclosed wherever the bidder’s responses are required against the above.

13 The Bid shall be liable to be rejected without seeking any clarifications from the bidder, if any

of the above clauses are not complied by the bidder.

14. If a group of bidders quote same rate, it will be taken that the bidder have formed a cartel with other bidders.

15 The bidder shall be responsible for all kinds of losses I.e. loss due to theft, damage, shortage etc.

Application for Extension of the Time and Sanction of Extension of Time (EOT):

16 There may be some hindrances, other than covered under force majeure, while execution of work and in such cases the contractor shall apply in writing in the prescribed from (part-A) to the SSA head/Unit Head for extension of time (EOT), on account of which he desires such extension within three days of occurrence of hindrance. The SSA head is empowered to grant extension of time for completion of work on certain condition. He shall exercise such powers, if the following conditions are satisfied.

17 The application contains the ground (s), which hindered the contractor in execution of work.

18. The SSA Head/Unit Head may also grant extension of time for completion of work in cases

where reasons for delay are ascribable to the contractor, but such extension of time shall be with penalty charges as per clause dealing with penalty for delays in execution of works.

19. If the SSA Head/Unit Head is of the opinion that the grounds shown by the contractors are

not reasonable and sufficient and declines to grant the extension of time, the contractor cannot challenge the soundness of the opinion by reference to arbitration. The decision of the competent authority on period of extension of time or refusal for extension of time shall be final and binding on the contractor.

20 INDEMNITIES : 20.1 The contractor shall at all times hold the BSNL harmless and indemnify from against all action,

suits, proceedings, works, cost, damages, charges claims and demands of every nature and descriptions, brought or procured against the BSNL , its officers and employees and forthwith upon demand and without protect or demur to pay to the BSNL any and all losses and damages and cost (inclusive between attorney and client) and all costs incurred in endorsing this or any other indemnity or security which the BSNL 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 on other legal proceeding , charges and expense and liabilities resulting from or incidental or in connection, with injury, damages of the contractor or damage to property resulting from or arising out of or in any way connected with or incidental to the operations caused by the contract document. In addition the contractor shall reimburse the BSNL or pay to the BSNL forthwith on demand without protect or demur all cost, charges and expenses and losses and damages otherwise incurred by it in consequences of any claim, damages and actions which




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may be brought against the BSNL arising out of or incidental to or in connection with the operation covered by the contractor.

20.2 The contractor shall at his own cost at the BSNL request defend any suit or other proceeding asserting a claim covered by this indemnity, but shall not settle, compound or compromise any suit or other finding without first consulting the BSNL.

20.3 All materials supplied to the contractor by the BSNL shall remain the absolute property of BSNL and shall not be removed from site of the work except for use in the work and shall be at all times open to inspection by the Representative of SSA. In –case the materials like cable and accessories are taken delivery of by the contractor and stored at the site office/ store of the contractor such site office/ store will also be treated “as site” for this purpose, Any such materials remaining unused at the time of the abandonment, completion or determination of the contract shall be returned to the BSNL at a place informed to him by the BSNL, failing which the cost of the unused materials shall be deducted form the contractor’s material security or any of his pending bills or from any other security.

20.4The contractor shall submit a proper account every month of all the materials supplied to him by the BSNL and those consumed for items of work. Any discrepancy of difference between the materials issued to the contractor and those consumed in the work as per the BSNL calculation (which shall be final) will be charged to the contractor or deducted from his bills at 1.5 times of prevailing standard price including freight, handing charges, storage charges etc.

20.5 The contractor shall ensure that only the required materials are issued to him. Upon completion of work, the contractor shall return to the BSNL at the later designated store in good condition, free of charges, any unused materials that were supplied by the BSNL.




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SECTION –IV

INSTRUCTION TO BIDDRES A. INTRODUCTION 1. DEFINITIONS: (a) “The Purchaser” means the CGMT UP West Telecom Circle, Bharat Sanchar Nigam Ltd. (BSNL), Meerut (b) “The Bidder” means the individual or firm who participates in this tender and submits its bid. (c) “The Contractor” means the individual or firm supplying the goods under the contract. (d) “The Goods” means all the equipment, machinery, and/or other materials which the

Contractor is required to supply to the Purchaser under the contract. (e) “The Letter of Intent” means the intention of Purchaser to enter into the contract with

bidder. (f) “The Work Order” means the order placed by the Purchaser on the Contractor signed by the

Purchaser including all attachments and appendices thereto and all documents incorporated by reference therein.

(g) “The Contract Price” means the price payable to the Contractor under the contract for the full and proper performance of its contractual obligations.

(h) “Validation” is a process of testing the equipment as per the Generic Requirements in the

specifications for use in BSNL network. Validation is carried out in simulated field environment and includes stability, reliability and environmental tests.

(i) “Telecom Service Provider” means any Telecom operator in India, who is licensed by the Department of Telecommunications ( DOT ), Government of India to provide telecom services to the general public or to the other DOT licensed 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.

(j) BSNL authority: The BSNL authority means the Bharat snatcher Nigam limited, which invites the tenders on behalf of the All references of:

Chief General Manager Principal General Manager General Manager Deputy General Manager / Area Manager / Director / Telecom Dist. Manager/Director (Projects) Divisional Engineer /Divisional Engineer (Projects) Sub Divisional Engineer Junior Telecom Officer Chief Accounts Officer Accounts Officer Assistant Accounts Officer Junior Accounts Officer

(Including other officers in the BSNL, whatever designations assigned to them from time to time, who may be the in-change of direction supervision, testing, acceptance and maintenance including their successor(s) in the office appearing in various clauses shall be taken to mean the BSNL.)




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(k) The SSA Head: means the Head of SSA (e.g. GMTD/TDM) (Name of SSA) and his Successors.

(l) Unit Head: means the Head of Units of BSNL UP West Circle viz. Civil wing, Electrical Wing, Consumer Mobility wing etc.

(m) Contract : The term contract means, the documents forming the tender and acceptance thereof and the formal agreement executed between the competent authority on behalf of the BSNL and the contractor, together with the documents referred to therein including the conditions, the specifications, design, drawings and instructions issued from time to time, by the engineer in-charge and all these documents taken together shall be deemed to form one contract and shall be complementary to one another in the contract, the following expressions shall, unless the context otherwise requires, have the meaning, hereby respectively assigned to them. The expression works or work shall unless there be something either in the subject or context repugnant to such construction, be construed and taken to mean the works by or by virtue of the contract contracted to be executed whether temporary or permanent, and whether original, altered, substituted or additional.

(n) Contractor : The contractor shall mean the individual , firm or company enlisted with BSNL in accordance with procedure for enlistment of contractor, whether incorporated or not , undertaking the works and shall include the legal personal representative of such individual or the persons composing such firm or company, the successors of such firm or company and the permitted assignees of such individual, firm or company.

(o) Normal time or stipulated time : Normal time or Stipulated time means time specified in the P.O to complete the work.

(p) Extension of Time: Extension of Time means the time granted by the BSNL to complete the work beyond the normal time or stipulated time.

2. Eligibility Conditions: Eligible bidders are those who meet the eligibility condition given in SECTION –III (Clause 2) (1) Participating bidders may please note that either the Indian agent on behalf of the

Principal/OEM or Principal/OEM itself can bid but both cannot bid simultaneously for the same item/product in the same tender.

(2) If an agent submits bid on behalf of the Principal/OEM, the same agent shall not submit a bid on behalf of another Principal/OEM in the same tender for the same item/product.

3 COST OF BIDDING The bidder shall bear all costs associated with the preparation and submission of the bid. The Purchaser will, in no case, be responsible or liable for these costs, regardless of the conduct or outcome of the biding process.

4 B. THE BID DOCUMENTS 4.1 The goods required to be supplied, bidding procedures and contract terms and conditions

are prescribed in the Bid Documents. The Bid documents include :

(a) Notice Inviting Tender (b) Instructions to Bidders

(c) General(Commercial) Conditions of Contract

(d) Special conditions of Contract, if any




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(e) Schedule of Requirements

(f) Technical Specifications

(g) Bid Form and Price Schedules

(h) Bid Security Form

(i) Performance Security Bond Form

(j) Letter of authorization to attend bid opening.

4.2 The Bidder is expected to examine all instructions, forms, terms and specifications in the

Bid Documents. Failure to furnish all information required as per the Bid Documents or submission of 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

Purchaser in writing or by FAX at the Purchaser’s mailing address indicated in the invitation of Bid. The Purchaser shall respond in writing to any request for the clarification of the Bid Documents, which it receives not later than 14 days prior to the date of opening of the Tenders. Copies of the query (without identifying the source) and clarifications by the Purchaser 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 it may amount to an amendment of relevant clauses of the bid documents.

6 AMENDMENT OF BID DOCUMENTS 6.1 At any time, prior to the date of submission of Bids, the Purchaser may, for any reason,

whether at its own initiative or in response to a clarification requested by a prospective bidder, modify bid documents by amendments.

6.2 The amendments shall be notified in writing OR on BSNL website or by FAX to all

prospective bidders on the address intimated at the time of purchase of the bid document from the purchaser 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 purchaser may, at its discretion, extend the deadline for the submission of bids suitably.

C. PREPARATION OF BIDS 7. DOCUMENTS COMPRISING THE BID The bid prepared by the bidder shall comprise the following components:

(a) Documentary evidence established in accordance with the clause 2 & 10 of Section –IV that the bidder is eligible to bid and is qualified to perform the

contract if his bid is accepted. (b) Bid Security furnished in accordance with clause 12.of Section -IV

(c) A Clause by Clause compliance and No deviation statement as per clause 12 of Sec–III and clause 11 Sec-IV




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(d) A Bid form and price schedule completed in accordance with clause 8 & 9.of Section -IV

(e) Price schedule , completed in accordance with Clause 9 (Section IV).

(f) Copy of Valid Service Tax registration

8. BID FORM

The bidder shall complete the bid form and appropriate Price Schedule furnished in the Bid Documents, indicating the goods to be supplied, brief description of the goods, quantity and prices as per section VII.

9. BID PRICES 9.1 The bidder shall give the total composite price inclusive of all Levies & Taxes as applicable. The

basic unit price and all other components of the price need to be individually indicated up to two decimal points only against the services it proposes to render under the contract as per the price schedule given in Section XII. Prices of incidental services should also be quoted. The offer shall be firm in Indian Rupees. No Foreign exchange will be made available by the purchaser.

9.2 Prices indicated in the Price Schedule shall be entered in the following manner:

(a) The Basic Unit price of the services, Service Tax & Others and any other Levies/Charges already paid or payable by the bidder shall be quoted separately item wise. (b) The supplier shall quote as per price schedule given in Section XII

9.3 A bid submitted with an adjustable price quotation will be treated as non-responsive and rejected. 9.4 The prices quoted by the bidder shall be in sufficient detail to enable the Purchaser to arrive at

the price of equipment/ system offered. 9.5 "DISCOUNT if any, offered by the bidders shall not be considered unless specifically indicated in

the price schedule. Bidders desiring to offer discount shall therefore modify their offers suitably while quoting and shall quote clearly net price taking all such factors like Discount, free supply, etc. into account".

9.6 The price approved by BSNL for procurement will be inclusive of levies and taxes, packing,

forwarding, freight and insurance as mentioned in clause 9.1 subject to other terms and condition as stipulated in clause 22.2 and clause 4 of Sec-V of Bid-document. Unloading charges at the consignee end shall be borne by the supplier and no separate charges shall be paid for transportation to individual sites for installation.

10. 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 documents or which ever is required as per terms and conditions of Bid Documents.

(i) Certificate of incorporation. (ii) Article or Memorandum of Association or partnership deed or Proprietorship deed as the case may be.

(iii) Registration certificate from State Director of Industries or from Secretariat for Industrial Approval (SIA), Ministry of Industries, Government of India.

(iv) Approval from Reserve Bank of India /SIA in case of foreign collaboration. (v) Latest and valid NSIC Certificate duly certified by NSIC if applicable. (vi) Documentary evidence of E-Commerce business for more than two years




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(vii) Documentary evidence of have experience in conducting e-procurement for a minimum period of two years for BSNL/PSUs/Central/State Government Departments

(viii) Documentary evidence of valid ISO 27001:2005 Certification and ISO 9001:2008 certification

(ix) Documentary evidence of Copy of the audited report from STQC (x) Proof of ownership of servers in the form of Purchase Order copy and Vendor Sign Off

copy (refer Clause 2(f) of Section-III) (xi) Proof of ownership of IT Infrastructure not more than 2 years old (refer Clause 2(g) of

Section-III) (xii) Indemnification & confirmation that the the application software being provided is fully

comply with the security, transparency and functionality Guidelines on e-Procurement issued DIT Guidelines dated 31/08/2011 as well as CVC Guidelines as per circular 29/9 of 2009 dated 17/09/9 & 18/4 of 2010 dated 26/04/2010 & other relevant guidelines.

(xiii) Documentary evidence of Net worth of at least 25 Crore as on 31/3/11 or 31/3/12 (xiv) Documentary evidence of annual turnover of 5 Crore & above during each of the last

three years ( 09-10,10-11, 11-12) (xv) Undertaking duly singed by front bidder and its technology/consortium partner stating

that both of them shall be liable for due performance of the contract jointly and severally [Clause 12.7(d)]

(xvi) No Near Relation Certificate (Sec-IV Clause-33) (xvii) Certificate that the firm has not been blacklisted (Sec-X) (xviii) G.P.A. as per proforma at Section XI (Ref. Clause 14.4, Section-IV of Bid Documents) Note: If any one of the above documents, required to be submitted along with the technical bid, is found wanting, the offer is liable to be rejected at that stage. However, the purchaser at it’s discretion may call for any clarification regarding the document. The purchaser at it’s discretion may also ask for the submission of any additional/missing document(s) within a stipulated time period. In such case(s), the bidder shall have to comply the purchaser’s requirement within the specified time. In case of non-compliance to such queries, the bid will be out rightly rejected without entertaining further correspondence in this regard.

10.2 (i) The bidder shall furnish Annual Report and /or a certificate from its bankers as

evidence that he has financial capability to perform the contract.

(ii) The bidder shall furnish documentary evidence about technical and production capability necessary to perform the contract.

10.3 In order to enable the Purchaser to assess the provenness of the system offered, the bidder

shall provide documentary evidence regarding the system being offered by him.

10.4 Documents for establishing as a Etendering service provider----- a. Documentary evidence in respect of IT Act 2000 compliance . b. Copy of Govt approved 3rd party auditors report viz.STQC & certificate of Information Technology. c. ISO 27001 Certificate. d. IP Records. 11. DOCUMENTS ESTABLISHING SERVICES CONFORMITY TO BID DOCUMENTS

The documentary evidence to establish that the bidder has successfully implemented at least one web based E-procurement system for either Central or State Govt Deptt. Or PSU in India which is fully compliant with DIT guidelines dated 31/8/2011 as well as CVC guidelines with latest circular dated 12/1/2012 and through which tenders should have been initiated/processed after the period 31/8/2011.(Dt of DIT guidelines) on any of the portals shall be given by the bidder. A bid without clause-by-clause compliance of the Technical Specifications, Commercial Conditions and Special Conditions shall not be considered.




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12. BID SECURITY 12.1 (i) Pursuant to clause 7, the bidder shall furnish, as part of his bid, a bid security for an

amount of Rs.10000/- (Rupees Ten Thousand Only). The bidders (small scale units) who are registered with National Small Scale Industries Corporation UNDER SINGLE POINT REGISTRATION SCHEME are exempted from payment of bid security up to the amount equal to their monetary limit. OR Rs. Fifty lakhs whichever is lower:

• A proof regarding current registration with NSIC for the tendered items will have to be attached along with the bid.

• The enlistment certificate issued by NSIC will not be permanent and should be renewed within two years of its presentation.

• The unit claiming concession of NSIC is required to submit its monthly turnover in support of its claim for meeting the delivery schedule.

(ii) If a vender registered with NSIC under single point registration scheme claiming concessional benefits is awarded work by BSNL and subsequently fails to obey any of the contractual obligation, he will be debarred from any further work/ contract by BSNL for one year from the date of issue of such order. The bid security is required to protect the purchaser against the risk of bidder’s conduct, which would warrant the forfeiture of bid security pursuant to para 12.7.

12.2 The bid security is required to protect the purchaser against the risk of bidder’s conduct,

which would warrant the forfeit of bid security pursuant to para 12.7. 12.3 The bid security shall be in the form of a bank Guarantee issued by a scheduled bank in

favour of the purchaser, valid for a period of 180 days from the date of tender opening. 12.4 A bid not secured in accordance with para 12.1 & 12.3 shall be rejected by the Purchaser

being non-responsive at the bid opening stage and returned to the bidder unopened. 12.5 The bid security of the unsuccessful bidder will be discharged/returned as promptly as

possible but not later than 30 days after the expiry of the period of the bid validity prescribed by the purchaser pursuant to clause 13.

12.6 The successful bidder’s bid security will be discharged upon the bidder’s acceptance of the

Letter of Intent satisfactorily in accordance with clause 27 and furnishing the performance security.

12.7 The bid security may be forfeited :

(a) If the bidder withdraws his bid during the period of bid validity specified by the bidder in the Bid form or

(b) In the case of successful bidder , if the bidder fails :

(i) to sign the contract in accordance with clause 28 or (ii) to furnish performance security in accordance with clause 27.

(c) In both the above cases, i.e 12.7 (a) & (b), the bidder will not be eligible to participate in the tender for same item for one year from the date of issue of LOI. The bidder will not approach the court against the decision of BSNL in this regard.

(d) The front bidder shall submit an irrevocable undertaking in non-judicial stamp paper of

appropriate value duly signed by it and its technology/ consortium partner stating that both of them i.e. the front bidder and its technology/ consortium partner shall be liable for due performance of the contract jointly and severally, failing which both of them shall be liable to be barred from participating in future tenders/EOIs/ RFPs of BSNL for a period of two years.




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13. PERIOD OF VALIDITY OF BIDS 13.1 Bid shall remain valid for 150 days from the date of opening of bids prescribed by the

purchaser pursuant to clause 19.1. A bid valid for a shorter period shall be rejected by the purchaser being non-responsive.

13.2 In exceptional circumstances, the purchaser may request the consent of the bidder for an

extension to the period of bid validity. The request and the response thereto shall be made in writing. The bid security provided under clause 12 shall also be suitably extended. The bidder may refuse the request without forfeiting his bid security. A bidder accepting the request and granting extension will not be permitted to modify his bid.

14. FORMAT AND SIGNING OF BID 14.1 The bidder shall prepare one complete set of original bid and make 1 duplicate copy of the

same clearly marking one as ‘Original Bid’ and remaining as “Duplicate Copy” In the event of any discrepancy between the copies, the original shall govern.

14.2 The original and duplicate copy of Bid shall be typed or printed and all the pages numbered

consecutively and shall be signed by the bidder or a person or persons duly authorized to bind the bidder to the contract. The letter of authorization shall be indicated by written power-of-attorney accompanying the bid. All pages of the original bid, except for un-amended printed literatures, shall be signed by theperson or persons signing the bid. The bids submitted shall be sealed properly.

14.3 The bid shall contain no interlineations, erasures or overwriting except as necessary to correct errors made by the bidder in which case such corrections shall be signed by the person or persons signing the bid.

14.4 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 such authorized signatory of the bid 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.

D. SUBMISSION OF BIDS 15. SEALING AND MARKING OF BIDS: 15.1

a) The Bidders are specifically required to submit their offers in two parts, each in different sealed envelopes duly marked as. i. “Envelope-A: (i) Bid Security (ii) DD issued by a Nationalized /Scheduled Bank Payable at Meerut for Cost of Bid Document” (in case the tender document is downloaded from our website) (iii) Technical Bid”(In duplicate) ii. “Envelope-B: Financial/ Price Bid”. Both the above envelopes (A&B) should be submitted in a large cover.

b) Both the above covers are to be sealed properly under the PERSONAL SEAL of the bidder. Both the covers (A&B) shall be kept in one outer cover, which will also be sealed and marked with personal seal.

c) If the envelopes are not sealed and marked as required above, the bid is subjected for rejection in tender opening stage itself.




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d) Envelope-A should contain (i) Bid Security as per clause-12, (ii) DD towards the Cost of Bid Document (if the tender document is downloaded from website) & (iii)Techno-Commercial bid along with the related document establishing bidders eligibility as per clause-10.

e) Envelope-B should contain the Financial/ Price Bid i.e. the rates duly quoted by the bidder in the prescribed format (Section-XII “Price Schedule”).

15.2 (a) The envelopes shall be addressed to the purchaser at the following address:

AGM ( MM) , Material Management Cell O/o CGMT UP West Telecom Circle 4th Floor, Shastri Nagar Telephone Exchange Building Tejgarhi Chowk, Meerut-250 004 (b) The envelope shall bear (the project name), the tender number and the words ‘DO NOT

OPEN BEFORE’ (due date & time).

(c) The inner and outer envelopes shall indicate the name and address of the bidders to enable the bid to be return unopened in case it is declared ‘late’ or rejected.

(d) Tender may be sent by registered post or delivered in person on above mentioned address (address is given in Clause 15.2 (a) above). The responsibility for ensuring that the tenders are delivered in time would vest with the bidder.

(e) Bids delivered in person on the day of tender opening shall be delivered upto due date & time to AGM (MM) O/o CGMT UP (West) Telecom Circle, UP (West) Meerut {at the venue (address is given in clause 15.2 (f) below) of the tender opening}. The purchaser shall not be responsible if the bids are delivered elsewhere.

(f) Venue of Tender Opening: Tender will be opened in the Chamber of AGM (MM), Room NO.403, 4th Floor, Shastri Nagar Telephone Exchange Building Tejgarhi Chowk, Meerut at 15.00 Hrs. on 29/06/2013. If due to administrative reason, the venue of Bid opening is changed, it will be displayed prominently on NOTICE BOARD at O/o CGMT UP West Telecom Circle, MEERUT.

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

15.4 In no case more than one bid should be put inside a cover. In such case all the bids shall be treated as cancelled.

15.5 The complete set of Bid Documents is available on the website of UP West Telecom Circle ( www.upw.bsnl.co.in/www. tender.gov.in) and the downloaded copy shall be considered valid for participation in the tender process. However, such bidders shall have to pay the requisite amount of price for bid documents by draft/cheque before submission of the bid documents in token of purchase of the tender documents. All pages of the tender documents before submitting must be signed with stamp by authorised signatory before submission.

15.6 The tender fee and Bid security are not submitted in a prescribed manner and value then the bid will be summarily rejected.

16. SUBMISSION OF BIDS

16.1 Bids must be received by the Purchaser at the address specified under para 15.2 above, not later than the scheduled time of submission as indicated in the NIT.




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16.2 The Purchaser may at its discretion, extend this deadline for the submission of bids by amending the Bid Document in accordance with Clause 6.3 Section IV, in which case all rights and obligations of the Purchaser and Bidder previously subject to the deadline will thereafter be subjected to the deadline as extended.

16.3 The bidder shall submit his 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. LATE BIDS

Any bid received by the purchaser after the deadline for submission of bids prescribed by the purchaser pursuant to clause 16, shall be rejected and returned unopened to the bidder.

18. MODIFICATION AND WITHDRAWAL OF BIDS 18.1 The bidder may modify or withdraw his bid after submission provided that the written notice of

the modification or withdrawal is received by the purchaser prior to the deadline prescribed for submission of bids.

18.2 The bidder’s modification or withdrawal notice shall be prepared, sealed, marked and

dispatched as required in the case of bid submission in accordance with the provision of clause15. A withdrawal notice may also be sent by FAX but followed by a signed confirmation copy by post not later than the deadline for submission of bids.

18.3 Subject to clause 20, no bid shall be modified subsequent to the deadline for submission

of bids. E. BID OPENING AND EVALUATION 19. OPENING OF BIDS BY PURCHASER 19.1 The purchaser shall open bids in the presence of bidders or their authorized representatives

who chose to attend, on due date. The bidder’s representatives, who are present, shall sign in an attendance register. Authority letter to this effect shall be submitted by the bidders before they are allowed to participate in bid opening (A Format is given in section IX ).

19.2 A maximum of two representatives of any bidder shall be authorized and permitted to attend

the bid opening. 19.3 The bidder’s names, Bid prices, modifications, bid withdrawals and such other details as the

purchaser, at its discretion, may consider appropriate will be announced at the time of opening.

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.

19.5 The bids will be opened in two stages. The envelope marked 'Financial bid" will be opened only for qualified bidders in "Technical bid". The "Financial bid" will be opened at a later date. The day of opening of financial bid will be informed to successful "Technical bidders", where they or their representative could be present at the time of financial bid opening.

20. CLARIFICATION OF BIDS




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

21. PRELIMINARY EVALUATION 21.1 Purchaser shall evaluate the bids to determine whether they are complete, whether any

computational errors have been made, whether required sureties have been furnished, whether the documents have been properly signed and whether the bids are generally in order.

21.2 Arithmetical errors shall be rectified on the following basis. If there is a discrepancy between

the unit price and total price that is obtained by multiplying the unit price and quantity, the unit price shall prevail and the total price shall be corrected by the purchaser. If there is a discrepancy between words and figures, the amount in words shall prevail. If the contractor does not accept the correction of the errors, his bid shall be rejected.

21.3 Prior to the detailed evaluation pursuant to clause 22, the Purchaser will determine the

substantial responsiveness of each bid to the Bid Document. For purposes of these clauses, a substantially responsive bid is one which confirms to all the terms and conditions of the Bid Documents without material deviations. The purchaser’s determination of bid’s responsiveness shall be based on the contents of the bid itself without recourse to extrinsic evidence.

21.4 A bid, determined as substantially non-responsive will be rejected by the purchaser and shall

not subsequent to the bid opening be made responsive by the bidder by correction of the non-conformity.

21.5 The Purchaser may waive any minor infirmity or non-conformity or irregularity in a bid which

doesn’t constitute a material deviation, provided such waiver doesn’t prejudice or effect the relative ranking of any bidder.

22. EVALUATION AND COMPARISON OF SUBSTANTIALLY RESPONSIVE BIDS 22.1 The Purchaser shall evaluate in detail and compare the bids previously determined to be

substantially responsive pursuant to clause 21. 22.2 The evaluation and comparison of responsive bids shall be done on the basis of Net cost to

BSNL on the prices of the services rendered inclusive of taxes (but excluding CENVAT-able Duties & Taxes) of the price schedule in the Section-XII of the Bid-document after arithmetical correction in the manner laid down in clause 21.2 above. As stipulated in clause 9.1, any kind of taxes will be paid extra, as per actual wherever applicable on production of proof of payment/relevant invoices/documents.

(a) “Duties & Taxes for which the firm has to furnish Cenvatable Challans/ Invoices will be

indicated separately in the Work Order/Advance Work Order. (b) Vendors should furnish the correct tariff Head in the price Schedule. If the credit for the

Duties and Taxes under CENVAT Credit Rules, 2004 is found to be not admissible at any stage subsequently owing to wrong furnishing of Tariff Head, then the vendors will be liable to refund such non-admissible amount, if already paid, along with penalty if charged by the concerned authority.

(c) In case the Duties & Taxes which are non CENVAT-able as per the quotes indicated in the

price schedule by the vendors and subsequently at any stage it is found that Credit for such Duties & Taxes is admissible as per CENVAT Credit Rules, 2004, then the vendors will be




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liable to refund the amount equivalent to such Duties & Taxes if already paid to them. However, the purchaser may allow the supplier to submit necessary documents in this regard which may enable the purchaser to avail the CENVAT credit provided such credit is still available for the amount so paid as per CENVAT Credit Rules 2004.

(d) The purchaser reserves the right to ask the bidders to submit documentary proof confirming

the correct Tariff Head from the service tax authority where the Tariff Head furnished against the particular tendered item by different bidders differs from each other or the same is found apparently not furnished in accordance with service tax Tariff notifications.

(e) “If the supplier fails to furnish necessary supporting documents i.e. tax invoices etc. in

respect of the Duties/taxes which are Cenvatable, the amount pertaining to such Duties/ Taxes will be deducted from the payment due to the firm.”

23. CONTACTING THE PURCHASER 23.1 Subject to Clause 20, no bidder shall try to influence the Purchaser on any matter relating to

its bid, from the time of the bid opening till the time the contract is awarded. 23.2 Any effort by a bidder to modify his bid or influence the purchaser in the purchaser’s

bid evaluation, bid comparison or contract award decision shall result in the rejection of the bid.

F AWARD OF CONTRACT 24. PLACEMENT OF ORDER

The Purchaser shall consider placement of orders for commercial supplies only on those eligible bidders whose offers have been found technically, commercially and financially acceptable and whose goods have been type approved/validated by the purchaser. The Purchaser reserves the right to counter offer price(s) against price(s) quoted by any bidder.

25. PURCHASER’S RIGHT TO VARY QUANTITIES

BSNL will have the right to increase or decrease up to 50% of the quantity of goods and services specified in the schedule of requirements without any change in the unit price or other terms and conditions at the time of award of contract or upto 100% of the additional quantities of goods and services contained in the running tender/contract can be ordered within a period of twelve months from the earliest date of acceptance of LOI at the same rate or a rate negotiated (downwardly) with the existing venders considering the reasonability of rates based on prevailing market conditions and the impact of reduction in duties and taxes etc. and supplies to be obtained within delivery period scheduled a fresh.

26. PURCHASER’S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS

The Purchaser reserves the right to accept or reject any bid, and to annul the bidding process and reject all bids, at any time prior to award of contract without assigning any reason whatsoever and without thereby incurring any liability to the affected bidder or bidders on the grounds of purchaser’s action.

27. ISSUE OF LETTER OF INTENT 27.1 The issue of Letter of Intent shall constitute the intention of the Purchaser to enter into

contract with the bidder.




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27.2 The bidder shall within 10 days of issue of the Letter of Intent, give his acceptance along with performance security in conformity with section IX provided with the bid document.

28. SIGNING OF CONTRACT 28.1 The signing of contract shall constitute the award of contract on the bidder. 28.2 Upon the successful bidder furnishing performance security pursuant to clause 27, the

Purchaser shall discharge the bid security in pursuant to clause 12. 28.3 After signing of contract with successful bidder, SSA units of UP West Telecom Circle will be

authorized to issue the work orders as & when required. 29. ANNULMENT OF AWARD

Failure of the successful bidder to comply with the requirement of clause 28 shall constitute sufficient ground for the annulment of the award and the forfeiture of the bid security in which event the Purchaser may make the award to any other bidder at the discretion of the purchaser or call for new bids.

30. While all the conditions specified in the Bid documents are critical and are to be complied,

special attention of bidder is invited to the following clauses of the bid documents. Non-compliance of any one of which shall result in out right rejection of the bid.

(i) Clause 15(iv) of Section V: The bids will be recorded/returned unopened if covers are

not properly sealed with ‘PERSONAL SEAL’ of the bidder. (ii) Clauses 12.1, 12.3 & 13.1 of Section IV : The bids will be rejected at opening stage if

Bid security is not submitted as per Clauses 12.1 & 12.3 and bid validity is less than the period prescribed in Clause 13.1 mentioned above.

(iii) Clause 2 of Section III & Clause 10 of Section IV : If the eligibility condition as per

clause 2 of Section III is not met and/or documents prescribed to establish the eligibility as per Clause 10 of section V are not enclosed, the bids will be rejected without further evaluation.

(iv) Clause 7(c) of Section IV : If clause-by-clause compliance and deviation statements as

prescribed are not given, the bid will be rejected at the stage of primary evaluation. In case of no deviations, a statement to that effect must be given.

(v) Section V Commercial conditions, Section III Special Conditions of Contract :

Compliance if given using ambiguous words like “Noted”, “Understood”, “Noted & Understood” shall not be accepted as complied. Mere “Complied” will also be not sufficient, reference to the enclosed documents showing compliances must be given.

(vi) Section XII Price Schedule : Prices are not filled in as prescribed in price schedule. (vii) Section IV clause 9.5 on discount which is reproduced below:

“Discount, if any, offered by the bidder shall not be considered unless specifically indicated in the price schedule. Bidders desiring to offer discount shall therefore modify their offer suitably while quoting and shall quote clearly net price taking all such factors like Discount, free supply etc. into account”.

(viii) Before outright rejection of the Bid by Bid-opening team for non-compliance of any of the provisions mentioned in clause 31(i), 31(ii) of Section V and clause 4 of Section III though, the bidder company is given opportunity to explain their position, however if the




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person representing the company is not satisfied with the decision of the Bid opening team, he/they can submit the representation to the Bid opening team immediately but in no case after closing of the tender process with full justification quoting specifically the violation of tender condition if any.

Bid opening team will not return the bids submitted by the bidders on the date of tender

opening even if it is liable for rejection and will preserve the bids in sealed cover as submitted by taking the signatures of some of the desirous representatives of the participating bidder/companies present on the occasion. The in-charge of Bid opening team will mention the number of bids with the name of the company found unsuitable for further processing on the date of tender opening and number of representations received in Bid opening Minutes and if Bid opening team is satisfied with the argument of the bidder/company mentioned in their representation and feel that there is prima-facie fact for consideration, the in-charge of the bid opening team will submit the case for review to competent authority CGM in circles as early as possible preferably on next working day and decision to this effect should be communicated to the bidder company within a week positively. Bids found liable for rejection and kept preserved on the date of tender opening will be returned to the bidders after issue of P.O. against the instant tender. If the reviewing officer finds it fit to open the bid of the petitioner, this should be done by giving three (working) days notice to all the participating bidders to give opportunity to desirous participants to be present on the occasion.

31. Purchaser reserves the right to disqualify the contractor for a suitable period who habitually failed to supply the equipment in time. Further, the contractors whose equipment does not perform satisfactory in the field in accordance with the specifications may also be disqualified for a suitable period as decided by the purchaser.

32. Purchaser reserves the right to blacklist a bidder for a suitable period in case he fails to

honour his bid without sufficient grounds. 33. The bidder should give a certificate that none of his/her near relative is working in the units

as defined below where he is going to apply for the tender. In case of proprietorship firm certificate will be given by the proprietor. For partnership firm certificate will be given by all the partners and in case of limited company by all the Directors of the company excluding Government of India/Financial institution nominees and independent non-Official part time Directors appointed by Govt. of India or the Governor of the state and full time Directors of PSUs both state and central. Due to any breach of these conditions by the company or firm or any other person the tender will be cancelled and Bid Security will be forfeited at any stage whenever it is noticed and BSNL will not pay any damage to the company or firm or the concerned person. The company or firm or the person will also be debarred for further participation in the concerned unit. The near relatives for this purpose are defined as:- (a) Members of a Hindu undivided family. (b) They are husband and wife. (c) The one is related to the other in the manner as father, mother, son(s) & Son’s wife

(daughter in law), Daughter(s) and daughter’s husband (son in law), brother(s) and brother’s wife, sister(s) and sister’s husband (brother in law).

The format of the certificate 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




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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.”

34 The bidder will verify the genuineness and correctness of all documents and certificates, including experience/performance certificates, issued either by the bidder or any other firm/associate before submitting them in the bid. The onus of proving genuineness of the submitted documents would rest with the bidder.

As per requirement of the tender’s conditions, if any document/paper/certificate submitted by the participant bidder is found to be false/fabricated/tempered/ manipulated at any stage during bid evaluation or award of contract, then the bid security (EMBG)of the bidder would be forfeited and the bidder would be disqualified from the tender. Action would also be taken for banning of business dealing with the defaulting firm. In case contract has already awarded to the bidder, then PBG would be forfeited and the contract would be rescind/annulled and BSNL would be at liberty to procure the ordered goods and services from any other source at the risk and cost of the defaulting bidder. Action would also be taken for banning business dealing with the defaulting firm. To obviate any possibility of doubt and dispute and maintain veracity of the documents/papers/certificates, the documents conforming to eligibility part will be submitted by the participant bidder in a separate cover (Envelope-A) fully stamped and signed by the authorized signatory along with EMBG (bid security) of requisite amount and will be opened at the time of tender opening. The documents/papers to be submitted in a separate cover is explicitly mentioned in clause-2 (i) of Section-III of Vol. I. These papers will be signed by the in charge of the tender opening team and the authorized representative of the bidder company and will be kept preserved along with the original bid and in case of any dispute this paper will be treated as authentic one.




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SECTION – V GENERAL (COMMERCIAL) CONDITIONS OF CONTRACT

1. APPLICATION 1.1 The General Conditions shall apply in contracts by BSNL for all types of Job/ Farm out works. 1.2 The Contractor will be entirely responsible for the execution of the contract in all respects in

accordance with the terms and conditions as per specified in the acceptance of tender and the schedule annexed there to.

1.3 The Contractor shall notify BSNL in writing of all subcontracts awarded under this contract if

not already specified in his bid. Such notification, in his original bid or later shall not relive the contractor from any liability or obligation under the Contract.

2. PEFORMANCE SECURITY 2.1 All contractors shall furnish performance security to BSNL for an amount equal to 5% of the

quoted value of work within 14 days form the date of issue of L.O.I. by BSNL. The performance security shall be in the form of Demand Draft/ Bank Guarantee issued by a Scheduled Bank in the prescribed format.

2.2 The proceeds of the performance security shall be payable to BSNL as compensation for any

loss resulting from the contractor’s failure to complete its obligations under the contract. 2.3 The performance security will be discharged without interest by BSNL after completion of the

supplier’s performance obligations including any warranty obligations under the contract. 3. PAYMENT TERMS 3.1 Payment shall be made based on work per event basis.

3.2 No mobilization advance / any other advance will be given. 3.3 The work order issuing authority will be the paying authority. 3.4 The payment shall be released after the successful completion of event.

4. PRICES 4.1 Prices charged by the supplier for services performed under the contract shall not be higher

than the prices quoted by the Supplier in its Bid except for variation caused by change in taxes/ duties as specified in Clause-4.2 mentioned below.

4.2 For changes in taxes/ duties during the scheduled delivery period, the unit price shall be

regulated as under: (a) Prices will be fixed at the time of issue of work order as per taxes and statutory duties

applicable at that time (b) In case of reduction of taxes and other statutory duties during the scheduled delivery

period, purchaser shall take the benefit of decrease in these taxes/ duties for the supplies made from the date of enactment of revised duties/taxes.

(c) In case of increase in duties/taxes during the scheduled delivery period, the purchaser shall revise the prices as per new duties/ taxes for the supplies, to be made during the remaining delivery period as per terms and conditions of the purchase order.

5. CHANGES IN WORK ORDERS

BSNL UP West Telecom Circle will have the right to increase or decrease the number of events during the agreement period.




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6. DELAYS IN THE CONTRACTOR’S PERFORMANCE

6.1 Completion of the work and performance of the service obligation shall be carried out be the Contractor in accordance with the time schedule specified by BSNL in its work order. In case the work is not completed in the stipulated period, as indicated in the Work Order, BSNL reserves the right either to short close / cancel this work order. The cancellation / short closing of the order shall be at the risk and responsibility of the contractor and BSNL reserves the right to get the balance-incompleted work done at the risk and cost of the defaulting contractor.

6.2 Delay by the contractor in the performance of its service obligations shall render him liable to any or all of the following sanctions: forfeiture of its performance security / security deposit, or termination of the contract for default or any other action as may be deemed necessary.

6.3 If at any time during the performance of the contract, the contractor encounters condition impending timely completion of work and performance of service, the Contractor shall promptly notify to BSNL in writing the fact of the delay, its likely duration and its cause(s). As soon as practicable after receipt of the contactor’s notice, BSNL shall evaluate the situation and may at its discretion extend the period for performance of the contract.

7. PENALTY:

Penalty shall be levied on the Service Provider if he fails to provide e- procurement services in timely manner. Should the Service Provider fails to execute the work order thereof within the period prescribed and agreed, the purchaser, without prejudice to other remedies available to the purchaser shall be entitled to levy penalty. Penalty will be calculated @5% of the contract value per one days delay subject to maximum of 25% of the contract value. Quantum of penalty assessed and levied by the purchaser and decision of the purchaser thereon shall be final and binding on the supplier, further the same shall not be challenged by the supplier either before Arbitration tribunal or before the court. The same shall stand specifically excluded from the purview of the arbitration clause, as such shall not be referable to arbitration.

8. FORCE MAJEURE

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 is prevented or delayed by reasons of any war or hostility, acts of the public enemy, civil commotion, sabotage, fires, floods, explosions, epidemics, quarantine restrictions, strikes, lockouts or act of God (hereinafter referred to as events) provided notice of happenings of any such eventuality is given by either party to the other within 21 days from the date of occurrence thereof, neither party shall by reason of such event be entitled to terminate this contract nor shall performance or delay in performance, and work under the contract shall resumed as soon as practicable after such an event come to an end or cease to exist, and the decision of BSNL as to whether the work have been so resumed or not shall be final and conclusive. Further that if the performance in whole or part of any obligation.

9. TERMINATION FOR DEFAULT 9.1 BSNL may, without prejudice to any other remedy for breach of contract, by written notice of

default, sent to the supplier, terminate this work order in whole or in part.

a] if the Contractor fails to complete the work within the time period(s) specified in the work order, or any extension thereof granted by BSNL.




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b] if the contractor fails to perform any other obligation(s) under the work order; and c] if the contractor, in either of the above circumstances, does not remedy his failure

within a period of 15 days (or such longer period as BSNL may authorize in writing) after receipt of the default notice from the purchaser.

9.2 In the event BSNL terminates the work order in whole or in part pursuant to para 8.1 , BSNL

may get the work done, upon such terms and in such manner, as it deems appropriate, works similar to those unperformed and the contractor shall be liable to BSNL for any excess cost for such similar work. However the contractor shall continue the performance of the work order to the extent not terminated.

10. TERMINATION FOR INSOLVENCY

BSNL may at any time terminate the work order by giving written notice to the Contractor, without compensation. 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 purchase.

11. ARBITRATION 11.1 In the event of any question, dispute or difference arising under this agreement or in

connection there-with (except as to the matters, the decision to which is specifically provided under this agreement), the same shall be referred to the sole arbitration of the Chief General Manger, BSNL UP West Telecom Circle, Meerut or in case his designation is changed or his office is abolished, then in such cases to the sole arbitration of the officer for the time being entrusted (whether in addition to his own duties or otherwise) with the functions of the Chief General Manager, BSNL UP West Telecom Circle, Meerut or by whatever designation such an officer may be called (hereinafter referred to s the said officer), and if the Chief General Manager, BSNL UP West Telecom Circle, Meerut or the said officer is unable or unwilling to act as such, then to the sole arbitration of some other person appointed by the CGM or the said Officer. The agreement to appoint an arbitrator will be in accordance with the Arbitration and Conciliation Act 1996. There will be no objection to any such appointment on the ground that the arbitrator is a Government Servant or that he has to deal with the matter to which the agreement relates or that in the course of his duties as a Government Servant he has expressed his views on all or any of the matters in dispute. Then award of the arbitrator shall be final and binding on both the parties to the agreement. In the event of such an arbitrator to whom the matter is originally referred, being transferred or vacating his office or being unable to act for any reason whatsoever, the CGM or the said officer shall appoint another person to act as an arbitrator in accordance with terms of the agreement and the person so appointed shall be entitled to proceed from the stage at which it was left out by his predecessors.

11.2 The arbitrator may from time to time with the consent of both the parties enlarge the time

frame for making and publishing the award. Subject to the aforesaid, Arbitration and Conciliation Act, 1996 and the rules made there under, any modification thereof for the time being in force shall be deemed to apply to the arbitration proceeding under this clause.

11.3 The venue of the arbitration proceeding shall be the office of the Chief General Manager,

BSNL UP West Telecom Circle, Meerut or such other places as the arbitrator may decide. 12. SET OFF

Any sum of money due and payable to the contractor (including security deposit refundable to him) under this work order may be appropriated by BSNL or any other person(s) contracting through the BSNL and set off the same against any claim of BSNL or such other person or person(s) for payment of a sum of money arising out of this work or under any other work




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order made by the contractor with BSNL or such other person(s) contracting through the BSNL.

13 FALL CLAUSE

The prices once fixed will remain valid during the scheduled work completion period except for the provisions in clause 4 of Section V. Further, if at any time during the contract. (a) It comes to the notice of BSNL regarding reduction of price for the same or similar type of

job and / or

(b) The prices received in a new tender for the same similar type of job are less than the

prices chargeable under the contract. BSNL, for the purpose of delivery period extension, 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 service to the vendor. In case the contractor does not accept the new price to be made applicable during the extended work completion period and the date of its effect, BSNL shall have the right to terminate the contract supplies. This termination of the contract shall be at the risk and responsibility of the contractor and BSNL reserves the right to get the balance incompleted work done at the risk and cost of the defaulting contractor besides considering the forfeiture of his performance security.

14 COURT JURISDICTION

Any dispute arising out of the tender shall be subject to the jurisdiction of the competent court at the place from where tender has been issued.

The General Conditions shall apply for selection of service provider for e-procurement on behalf of BSNL UP West Telecom Circle, Meerut.

‘This Contract/PO is subject to jurisdiction of Court at Meerut only”




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SECTION VI PART-I

BID FORM Tender No. UPW/MM/E-TENDERING/2013-14Dt: 07.06.2013 To ------------------------------ ------------------------------ ------------------------------ Dear Sir, 1. Having examined the conditions of contract and specifications including addenda

Nos......................the receipt of which is hereby duly acknowledged, we, 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 this Bid.

2. We undertake, if our Bid is accepted , to commence deliveries within ( ) months

and to complete delivery of all the items specified in the contract within ( ) months calculated from the date of issue of your Letter of Intent.3. If our Bid is accepted, we will obtain the performance guarantees of a Scheduled Bank for a sum @ 5% of the contract value for the due performance of the contract.

3 If our Bid is accepted, we will obtain the performance guarantees of a Scheduled Bank for a sum @ 5% of the contract sum for the due performance of the contract.

4. We agree to abide by this Bid for a period of 150 days from the date fixed for Bid opening and it shall remain binding upon us and may be accepted at any time before the expiration of that period.

5. Until a formal Purchase 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.

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

alteration and replacement. 7. We understand that you are not bound to accept the lowest or any bid, you may receive. 8. We understand that the Bid document so submitted is the true copy of BSNL tender

documents available on the BSNL website www.bsnl.co.in. Any deviation will result in the rejection of the bid.

Dated this .............................. day of ........................ 2013 Name and Signature ------------------------ In the capacity of ---------------------- Duly authorised to sign the bid for and on behalf of .............................................. witness ......................................... Address ...................................... Signature




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THE BID FORM

(PART II) 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 Service Provider ……….…………….………………………………………………. ………………… ………………….……………………………………………… ……………………… 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.

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 …………………………………………………………………………………… …………………………………………………………………………………… 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.




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4. Suggestion for improvement of the tender document. ………………………………………………………………………………………. ………………………………………………………………………………………. ……………………………………………………………………………………. Place…………………. Signature of contractor ……………………… Date …………………. Name of Contractor ……………………………


SECTION VII A

BID SECURITY FORM Whereas .................................. (hereinafter called “the Bidder”) has submitted its bid dated............for appointment of an Agency for providing e-procurement /support (e-tendering and e-Reverse Auction) on behalf of BSNL UP WEST TELECOM CIRCLE, MEERUT vide Tender No. UPW/MM/E-TENDERING/2013-14dt:07.06.2013 KNOW ALL MEN by these presents that WE ....................... OF .................... having our

registered office at .................(hereinafter called “the Bank”) are bound unto Bharat

Sanchar Nigam Limited (hereinafter called “the Purchaser”) in the sum of Rs10000/- for

which payment will and truly to be made of the said Purchaser, the Bank binds itself, its

successors and assigns by these present.

THE CONDITIONS of the obligation are : 1. If the Bidder withdraws his bid during the period of bid validity specified by the Bidder on the Bid form or 2. If the Bidder, having been notified of the acceptance of his bid by the Purchaser during the period of bid validity (a) fails or refuses to execute the Contract, if required; or (b) fails or refuses to furnish the Performance Security, in accordance with the instructions to Bidders. We undertake to pay to the Purchaser up to the above amount upon receipt of its first written

demand, without the purchaser having to substantiate its demand, provided that in its demand, the

purchaser will note that the amount claimed by it is due to it owning to the occurrence of one or

both of the two conditions, specifying the occurred condition or conditions.

This guarantee will remain in force as specified in clauses 12 and 28.2 of section IV of the Bid

Document upto and including THIRTY (30) days after the Period of bid validity and any demand in

respect thereof should reach the Bank not later than the specified date/dates.

Signature of the Bank Authority. Name Signed in Capacity of

Name & Signature of witness Full address of Branch

Address of witness Tel No. of Branch Fax No. of Branch


SECTION-VII B

PROFORMA OF POWER OF ATTORNEY (Refer Clause 14.4 of Section-IV) Non-Judicial Stamp

POWER OF ATTORNEY

Be it known all to whom it concerns that: -

1. Shri ________________________ s/o ______________ residing at ______________



I, the Proprietor/We all the Partners/Directors of M/s _____________________________ (Address)

_____________________________________________________________________________ hereby

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 CGMT, UP (W) Circle,

Shastri nagar Exge. Building, Garh Road Meerut, U.P. in connection with their Tender Enquiry No.

______________________________________________ dated _____________ for the supply

of___________________________________________ 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) _______________________________________________________________________________

A T T E S T E D

Notary Public

(Signature with Official Seal )

OR R E G I S T E R E D

Before

( SUB – REGISTRAR ) …………………………….. (of concerned State)

Signature with Official Seal


SECTION VIII PERFORMANCE SECURITY GUARANTEE BOND

In consideration of the CGM, BSNL (hereinafter called ‘BSNL’) having agreed to exempt ___________________ (hereinafter called ‘the said contractor(s)’) from the demand under the terms and conditions of an agreement/Letter of Intent No ________________ dated ____________ made between _____________________ and __________________ for the supply of _______________________ (hereinafter called “the said agreement ”), of security deposit for the due fulfillment by the said contractor (s) of the terms and conditions contained in the said Agreement, on production of the bank guarantee for _____________________________________we, (name of the bank) _________________________ ( hereinafter refer to as “the bank”) at the request of ___________________________________ (contractor(s)) do hereby undertake to pay to the BSNL an amount not exceeding ___________________ against any loss or damage caused to or suffered or would be caused to or suffered by BSNL by reason of any breach by the said Contractor(s) of any of the terms or conditions contained in the said Agreement. 2. We (name of the bank) ____________________ do hereby undertake to pay the amounts due and payable under this guarantee without any demure, merely on a demand from the BSNL by reason of breach by the said contractor(s)’ of any of the terms or conditions contained in the said Agreement or by reason of the contractors(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 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 ___________________________________. 3. We under take to pay to the BSNL any money so demanded notwithstanding any dispute or disputes raised by the contractor(s)/contractor(s) in any suit or proceeding pending 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 contractor(s)/contractor(s) shall have no claim against us for making such payment. 4. We( name of 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 ________________________(office/Department) BSNL certifies that the terms and conditions of the said Agreement have been fully or properly carried out by the said contractor(s) and accordingly discharges this guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before the expiry of TWO/TWO AND HALF/THREE YEARS (as specified in LOI) from the date hereof, we shall be discharged from all liabilities under this guarantee thereafter. 5. We (name of 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 contractor(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 Contractor(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 Contractor(s) or for any forbearance, act or omission on the part of the BSNL or any indulgence by the BSNL to the said Contractor(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. This guarantee will not be discharged due to the change in the constitution of the Bank or the Contractor(s)/contractor(s). 7. We (name of the bank) ____________________ lastly undertake not to revoke this guarantee during its currency except with the previous consent of the BSNL in writing. Dated the ________________ day of _______

for __________________________________ (indicate the name of bank)


SECTION IX

LETTER OF AUTHORISATION FOR ATTENDING BID OPENING

( To reach ------------------------------ before date of bid opening )

To ------------------------------ ------------------------------ ------------------------------ ------------------------------ Subject : Authorization for attending bid opening on ________________________________(date) in the Tender of _________________________________________________________. Following persons are hereby authorised to attend the bid opening for the tender mentioned above on behalf of ______________________________________________ (Bidder) in order of preference given below. Order of Preference Name Specimen Signatures I. II. Alternate Representative Signatures of bidder Or Officer authorized to sign the bid Documents on behalf of the bidder. Note : 1. Maximum of two representatives will be permitted to attend bid opening. In cases where it is restricted to one, first preference will be allowed. Alternate representative will be permitted when regular representatives are not able to attend.

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


Section -X

(Format of Certificate regarding Black Listing)

It is certified that our firm have/have not been black listed by Govt. authorities/PSUs on account of any reason. However, if we fail to supply /fulfill the tender conditions, BSNL is free to take action/black list our firm.

,Signature of authorized signatory

Name of the firm with seal.


SECTION XI

INTEGRITY PACT

Between

Bharat Sanchar Nigam Limited (BSNL) hereinafter referred to as “The Principal”

and

………………………………..hereinafter referred to as “The Bidder/Contractor”

Preamble

The Principal intends to award, under laid down organizational procedures, contract/s for -------------------------------------------. The Principal values full compliance with all relevant laws and regulations, and the principles of economic use of resources, and of fairness and transparency in its relations with its Bidder/s and Contractor/s.

In order to achieve these goals, the Principal will appoint an Independent External Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above.

Section 1 – Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles:-

(a) No employee of the Principal, personally or through family members, will in connection with the tender for, or the execution of a contract, demand, take a promise for or accept, for him/herself or third person, any material or immaterial benefit which he/she is not legally entitled to.

(b) The Principal will, during the tender process treat all Bidder(s) with equity and reason. The Principal will in particular, before and during the tender process, provide to all Bidder(s) the same information and will not provide to any Bidder(s) confidential/additional information through which the Bidder(s) could obtain an advantage in relation to the tender process or the contract execution.

(c) The Principal will exclude from the process all known prejudiced persons.

(2) If the Principal obtains information on the conduct of any of its employees which is a criminal offence under the relevant Anti-Corruption Laws of India, or if there be a substantive suspicion in this regard, the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions.

Section 2 – Commitments of the Bidder(s)/Contractor(s)

(1) The Bidder(s)/Contractor(s) commits itself to take all measures necessary to prevent corruption. He commits himself to observe the following principles during his participation in the tender process and during the contract execution.

(a) Thee Bidder(s)/Contractor(s) will not, directly or through any other person or firm, offer, promise or give to any of the Principal’s employees involved in the tender process or


the execution of the contract or to any third person any material or immaterial benefit which he/she is not legally entitled to, in order to obtain in exchange any advantage of any kind whatsoever during the tender process or during the execution of the contract.

(b) The Bidder(s)/Contractor(s) will not enter with other Bidder(s) into any undisclosed agreement or understanding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process.

(c) The Bidder(s)/Contractor(s) will not commit any offence under the relevant Anti-corruption Laws of India; further the Bidder(s)/Contractor(s) will not use improperly, for purposes of competition or personal gain, or pass on to others, any information or document provided by the Principal as part of the business relationship, regarding plans, technical proposals and business details, including information contained or transmitted electronically.

(d) The Bidder(s)/Contractor(s) will, when presenting his bid, disclose any and all payments he has made, is committed to or intends to make to agents, brokers or any other intermediaries in connection with the award of the contract.

(2) The Bidder(s)/Contractor(s) will not instigate third persons to commit offences outlined above or be an accessory to such offences.

Section 3 – Disqualification from tender process and exclusion from future contracts

If the Bidder(s)/Contractor(s), before contract award or during execution has committed a transgression through a violation of Section 2, above or in any other form such as to put his reliability or credibility in question, the Principal is entitled to disqualify the Bidder(s)/Contractor(s) from the tender process or take action as per the defined procedure.

Section 4 – Compensation for Damages

(i) If the Principal has disqualified the Bidder(s) from the tender process prior to the award according to Section 3, the Principal is entitled to demand and recover the damages equivalent to Earnest Money Deposit / Bid Security.

(ii) If the Principal has terminated the contract according to Section 3, or if the Principal is entitled to terminate the contract according to section 3, the Principal shall be entitled to demand and recover from the Contractor the amount equivalent to Security Deposit / Performance Bank Guarantee in addition to any other penalties/ recoveries as per terms and conditions of the tender.

Section 5 – Previous transgression

(i) The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the Anti-corruption approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process.

(ii) If the Bidder makes incorrect statement on this subject, he can be disqualified from the tender process or action can be taken as per the defined procedure.

Section 6 – Equal treatment of all Bidders/Contractors/Subcontractors


(i) The principal will enter into agreements with identical conditions as this one with all Bidders/Contractors.

(ii) The Bidder(s)/Contractor(s) undertake(s) to demand from all subcontractors a commitment in conformity with this Integrity Pact.

(iii) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions.

Section 7 – Criminal charges against violating Bidder(s)/Contractor(s)/Subcontractor(s)

If the Principal obtains knowledge of conduct of a Bidder, Contractor or Subcontractor, or of an employee or a representative or an associate of a Bidder, Contractor or Subcontractor, which constitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal will inform the Corporate Vigilance Office.

Section 8 – External Independent Monitor/Monitors

1. Principal appoints competent and credible Independent External Monitor for this Pact. The task of the Monitor is to review independently and objectively, whether and to what extent the parties comply with the obligations under this agreement.

2. The Monitor is not subject to instructions by the representatives of the parties and performs his functions neutrally and independently. He reports to the CGM of the BSNL.

3. The Bidder(s)/Contractor(s) accepts that the Monitor has the right to access without restriction to all Project documentation of the Principal including that provided by the Contractor. The Contractor will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his project documentation. The same is applicable to Subcontractors. The Monitor is under contractual obligation to treat the information and documents of the Bidder(s)/Contractor(s)/Subcontractor(s) with confidentiality.

4. The Principal will provide to the Monitor sufficient information about all meetings among the parties related to the Project provided such meetings could have an impact on the contractual relations between the Principal and the Contractor. The parties offer to the Monitor the option to participate in such meetings.

5. As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will so inform the Management of the Principal and request the Management to discontinue or take corrective action, or to take other relevant action. The monitor can in this regard submit non-binding recommendations. Beyond this, the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action.

6. The Monitor will submit a written report to the Chairperson of the Board of the Principal within 8 to 10 weeks from the date of reference or intimation to him by the ‘Principal’ and, should the occasion arise, submit proposals for correcting problematic situations.

7. If the Monitor has reported to the CMD of the BSNL, a substantiated suspicion of an offence under relevant Anti-Corruption Laws of India, and the BSNL has not, within reasonable time, taken visible action to proceed against such offence or reported it to the Corporate Vigilance Office, the Monitor may also transmit this information directly to the Central Vigilance Commissioner, Government of India.

8. The word ‘Monitor’ would include both singular and plural.


Section 9 – Pact Duration

This Pact begins when both parties have legally signed it. It expires for the Contractor 12 months after the last payment under the contract, and for all other Bidders 6 months after the contract has been awarded.

If any claim is made/ lodged during this time, the same shall be binding and continue to be valid despite the lapse of this pact as specified above, unless it is discharged/determined by CMD, BSNL.

Section 10 – Other provisions

1. This agreement is subject to Indian Law. Place of performance and jurisdiction is the Registered Office of the Principal, i.e. New Delhi. The arbitration clause provided in the tender document / contract shall not be applicable for any issue /dispute arising under Integrity Pact.

2. Changes and supplements as well as termination notices need to be made in writing.

3. If the Contractor is a partnership or a consortium, this agreement must be, signed by all partners or consortium members.

4. Should one or several provisions of this agreement turn out to be invalid, the remainder of this agreement remains valid. In this case, the parties will strive to come to an agreement to their original intensions.

-------------------------------- ---------------------------------- For the Principal For the Bidder/Contractor Place…………………… Witness 1 : ………………………………

Date …………………… Witness 2 : ………………………………


Appendix-A Model Amendment Letter Intimating Conditions for Extension of Delivery Period

Registered Acknowledgement Due Address of the purchaser -------------------------------- -------------------------------- -------------------------------- To M/s ……………………………….. ……………………………………… Sub : This office contract no………….. dated …………. placed on you for supply of ……………… Ref : Your letter no……………………………… dated ………………. You have failed to deliver the goods/ entire quantity of the goods/ execution/ installation/ commissioning of the entire project within the contract delivery period/ delivery period as agreed schedule or last extended up to ______________. In your above referred letter, 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, Penalty shall be levied in accordance with agreed clause 7 Section V of terms and conditions of the

tender/ PO. 2. That, notwithstanding any stipulation in the contract for increase in price on any ground, no such

increase, whatsoever, which takes place after zzz shall be admissible on such of the said goods as are delivered after the said date as per clause 11 Section III.

3. That, the prices during this extended delivery period shall be provisional and shall be governed as per

agreed clauses and of Section and shall be finalized in accordance with the current PO price or the current PO 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 , Section of the contract with validity

upto _______. 5. An undertaking as required vide clause 13, Section V.

Please intimate your unconditional acceptance of this letter alongwith 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/ LOI/ PO and all other terms & conditions of the contract remain unaltered. Yours faithfully, (………………………) for and on behalf of……….. zzz Original delivery date or the last extended/ re-fixed delivery period (as the case may be) NB : The entries which are not applicable for the case under consideration are to be deleted.


Appendix-B

Model Amendment Letter for Extension of Delivery Period Registered Acknowledgement Due

Address of the purchaser -------------------------------- -------------------------------- 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) Penalty shall be levied in accordance with agreed clause 7 Section-V of terms and conditions of the tender/ PO. (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 rendered after the said date as per clause 4 Section- 5 Part A. (c) The prices during this extended delivery period shall be governed as per clauses 4 and 13 of Section-V and shall be finalized in accordance with current PO price or the current PO 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/ APO/ PO 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.


SE C T I O N : XII ( ORIGINAL) PRICE SCHEDULE FOR E-PROCURMENT SERVICES

S.No.

Description of work Approx no. of events per year

Amount per Event(Rs.)

Any other charges (Rs.)

Taxes if any applicable extra (Rs.)

Total amount (Rs.)

Total Price X tendered quantity

Duties &Taxes Cenvatable

Price excluding duties & Taxes Cenvatable (Col 8- 9)

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) 1. e-Tendering Charges :

Per Tender/events charges to conduct e-procurement with one instance of e-reverse auction for a single item of auction

40

2. Charges for Training of Officers of BSNL UP West Telecom Circle

Per occasion

3 Customization & Platform usage fee for customization & platform usage for each e-tender/e-reverse auction

Per occasion

Charges for additional activities by BSNL UP West Telecom Circle (OPTIONAL) 4. e-Reverse Action Charges:

Charges for each instance of e-Reverse Auction event.

5. Training Charges for Supplier & Bidders of BSNL UP West Telecom Circle

TOTAL PACKAGE VLUE (Total Sum of Col.10 for item listed under Sl No (1 +2+3) ________(Rupees_____________ONLY)

N.B. : (1) Bidders may please note that determination of L1 bidder shall be done Package Value basis. (2) Event shall mean e-tender and e-Reverse Auction. I/We have carefully noted the General Rules and Directions, Special Conditions and Agreement Conditions of this Tender and I/We agree to comply with the same in all respects.

Signature of the Authorised Signatory (with full name)


SE C T I O N : XII ( DUPLICATE) PRICE SCHEDULE FOR E-PROCURMENT SERVICES

S.No.

Description of work Approx no. of events per year

Amount per Event (Rs.)

Any other charges (Rs.)

Taxes if any applicable extra (Rs.)

Total amount (Rs.)

Total Price X tendered quantity

Duties &Taxes Cenvatable

Price excluding duties & Taxes Cenvatable (Col 8- 9)

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) 1. e-Tendering Charges :

Per Tender/events charges to conduct e-procurement with one instance of e-reverse auction for a single item of auction

40

2. Charges for Training of Officers of BSNL UP West Telecom Circle

Per occasion

3 Customization & Platform usage fee for customization & platform usage for each e-tender/e-reverse auction

Per occasion

Charges for additional activities by BSNL UP West Telecom Circle (OPTIONAL) 4. e-Reverse Action Charges:

Charges for each instance of e-Reverse Auction event.

5. Training Charges for Supplier & Bidders of BSNL UP West Telecom Circle

TOTAL PACKAGE VLUE (Total Sum of Col.10 for item listed under Sl No (1 +2+3) ________(Rupees_____________ONLY)

N.B. : (1) Bidders may please note that determination of L1 bidder shall be done Package Value basis. (2) Event shall mean e-tender and e-Reverse Auction. I/We have carefully noted the General Rules and Directions, Special Conditions and Agreement Conditions of this Tender and I/We agree to comply with the same in all respects.

Signature of the Authorised Signatory (with full name)