rd floor administrative office telephone exchange opp. nagnath temple amreli … · 2016-11-30 ·...

AMR/EOI/2016-17 Outsourcing Deployment, Provision & Mtce of

Wireline Landline /Broadband connection in AMR

1 Seal & Signature of bidder

BHARAT SANCHAR NIGAM LIMITED

(A Government of India Enterprise)

3RD FLOOR , ADMINISTRATIVE OFFICE

TELEPHONE EXCHANGE , OPP. NAGNATH TEMPLE ,

AMRELI-365601

EOI No. AMR/PLG/EOI/2016-17 Dated: 01/12/2016

Sub: - Expression of Interest (EOI) for selection of firm(s)/partner(s) for outsourcing

Deployment, Provision & Maintenance of new Wireline Landline/ Broadband

connections in the New Developing/ upcoming areas/ TNF locations on revenue

sharing basis.

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

the following.

Section No. Item Page No.

1.Part A Detailed NIT 2-4

1. Part B Newspaper NIT 5

2. Tender Information 6

3 Part A Scope of work 7-11

4 Part A General Instructions to Bidders(GIB) 12-27

4 Part B Special Instructions to Bidders(SIB) 28

4 Part C E-tendering Instructions to Bidders (If applicable) 29-32

5 Part A General (Commercial) Conditions of Contract (GCC) 33-35

5 Part B Special (Commercial) Conditions of Contract (SCC) 36-41

6 Undertaking & declaration 42-43

7 Performa (s) 44-52

8 Bidder’s profile & Questionnaire. 53-54

9 Part A Bid Form 55

Check List for Bidders 56

9 Part B Price Schedule (for Each zone Separately) 57

If interested, kindly submit your bid offers online on or before date & time specified in Clause 6

of detailed NIT.

Assistant General Manager (PLG)

Amreli Telecom District.

Ph. 02792-228128 Fax No. 02792-222275

E-mail:[email protected]




SECTION – 1 Part A

Detailed NOTICE INVITING E-TENDER (DNIT)


(A Government of India Enterprise)

AMRELI TELECOM DISTRICT

3R D FLOOR , TELEPHONE EXCHANGE BUILDING, OPP. NAGNATH TEMPLE

AMRELI-365601

Sealed EOIs (Digitally) are invited by Telecom, District Manager Amreli Telecom District, Amreli for

Deployment, Provision & Maintenance of new Wireline Landline/ Broadband connections in the

New Developing/ upcoming areas/ TNF locations on revenue sharing basis in Amreli SSA for a

period of Seven years.

S.

No

Tender

No. Area of Work

Estimated

Revenue

Share for

Seven Years

(in Rs.)

Cost

of

Bid

Docum

ent

(non –

refu

ndable

) (i

n R

s.)

EMD

@2.5%

(in Rs.)

Last

date

& T

ime o

f Subm

issio

n

of Bid

Date

& T

ime o

f bid

openin

g

1 EOI No.

AMR/PL

G/EOI/

2016-17

Dated:

01/12/

2016

1) Amreli city

area.

2) Rajula city

area.

4116000/-

only (Forty

One lakhs

sixteen

thousand

only)

500/-

102900/-

(One Lakh

Two

thousand

Nine

hundred

only)

22/12/2016

12=00Hrs.

22/12/2016

16=00Hrs.

Pre-bid Meeting: Pre-Bid meeting is scheduled on 15.12.2016, at 11:30 Hrs in the Chamber of AGM (Plg) O/o TDM, Telephone Exchange Building, Amreli.

Bidder should submit Technical Bid (On-line) with required documents for eligibility. Bidder should submit the financial bid (on-line) Note 1: The quantity /no. / Sites stated above are estimated and BSNL reserves the right to vary

the quantity to the extent of -25 % to +25 % of specified quantity at the time of award of

the contract i.e. APO without any change in unit price or other terms & conditions.

Consequently the estimated cost of EOI may also vary subject to maximum limit of Rs.

1.47 Crores only during the seven years period.

Note 2: The estimated cost of the tender is taken as 35 % of expected revenue (net of all taxes

& levies) for connections * no. of years for which tender is floated (i.e. 7 years).

2. Purchase of Tender Document: Tender document can be obtained by downloading it

from the website “www.gujarat.bsnl.co.in” following “Link for E-tenders by BSNL” or

http://tender.bsnl.co.in. The official copy of tender document for participating in E-tender

http://www.gujarat.bsnl.co.in/

http://tender.bsnl.co.in/




shall be available for downloading from https://eprocurement.synise.com/bsnl1/gujarat,

from 01.12.2016, 17:00 Hrs.

2.1 The bidders downloading the tender document are required to submit the tender fee

amount through DD/ Banker’s cheque along with their tender bid failing which the tender

bid shall be left archived unopened/ rejected.

The DD/ banker’s cheque shall be drawn from any Nationalized/ Scheduled Bank in favour of AO (Cash) O/o. TDM, Amreli and payable at Amreli

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

2.2 Bidder is also required to sign the NDA (Non-Disclosure Agreement).

3.0 Availability of Tender Document: The tender document shall be available for

downloading from 01.12.2016 17:00 Hrs onwards up to 22.12.2016 11:55.

3.1 BSNL has decided to use process of e-tendering process for inviting this tender and thus

the physical copy of the tender would not be sold.

3.2 Deleted

Note 3: Deleted

4. Eligibility Criteria: -

4.1 The Bidder shall be a company registered in India under the companies Act 1956/

2013 or a partnership firm/proprietorship firm registered in India.

4.2 Experience: 35% of Estimated Tender cost

The certificate in support of having completed the minimum required work of Normal

trenching / HDD / combination of both or Similar work for the tender of underground

cable laying work of electricity Dept. / Sewage pipe laying work / Underground gas/

water etc. pipe laying work during last three financial years in BSNL / MTNL / Central /

State Govt. / PSUs / Private Operator / Any Reputed Private Ltd Company. Relevant

experience of current financial year may also be added if applicable.

Experience Certificate should be issued by an officer not below the rank of Divisional

Engineer / Chief Account Officer or equivalent in case of BSNL / MTNL / Central / State

Govt. / PSU and by authorized signatory in case of any Private operator / Reputed

Private firm.

4.3 Financial Turn over: 30% of Estimated Tender Cost

Average annual financial turnover during the last 3 years, i.e. 2013-14, 2014-15 &

2015-16, should be at least 30% of the estimated cost. The Turn Over certificate

should be signed by Charted Accountant.

4.4 The Firm should not be a Licensed Telecom Service Provider to provide Basic

Services/ Cellular Telephony Services/ Internet Services/ UASL/ NLD/ ILD Services

anywhere in India.

4.5 Valid PAN No.

4.6 The Bidder should also have Valid Sales & Service Tax Registration Certificate.

4.7 Document establishing that the bidder is having valid registration with EPF and ESI are

required.

4.8 The bidders shall submit necessary documentary proof showing that they meet the

eligibility criteria along with their tender bid. All documents submitted will also be self-

attested by the bidder.

5. Bid Security/EMD:

https://eprocurement.synise.com/bsnl1/gujarat




5.1 The bidder shall furnish the bid EMD (2.5 % of the total estimated cost for seven years) in

one of the following ways:-

(a) Demand Draft/ Banker’s cheque drawn in favour of AO (Cash) O/o TDM, BSNL,

Amreli and payable at Amreli.

(b) Bank Guarantee from a Nationalized/scheduled bank drawn in favour of AO (Cash)

O/O TDM, Amreli which should be valid for 180 days from the tender opening date.

5.2 The MSE units shall be exempted from submission of Bid Security deposit on production of

requisite proof in respect of valid certification from MSME for the tendered item.

6. Date & Time of Submission of Tender bids: As shown in above table

Note 4: In case the date of submission (opening) of bid is declared to be a holiday, the date of

submission (opening) of bid will get shifted automatically to next working day at the

same scheduled time. Any change in bid opening date due to any other unavoidable

reason will be intimated to all the bidders separately.

7. Opening of Tender Bids: As shown in above table.

8. Place of opening of Tender bids:

8.1 In case of tenders invited through e-tendering process, the tenders shall be opened

through ‘Public Online Tender Opening Event (POTOE)’. BSNL’s Tender Opening Officers as

well as authorized representatives of bidders can attend the Public Online Tender Opening

Event (TOE) from the comfort of their offices. Kindly refer clause 8 of Section-4 Part C of

Tender document for further instructions.

8.2 In addition & in case of tenders invited through manual bidding process, authorized

representatives of bidders (i.e. vendor organization) can attend the TOE at the office of

AGM (PLG) 3rd Floor, Telephone Exchange, AMRELI-365601; Where BSNL’s Tender

Opening Officers would be conducting Public Online Tender Opening Event (TOE).

9. Tender bids received after due time & date will not be accepted by the system or physically.

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

11. TDM AMRELI, BSNL Amreli reserves the right to accept or reject any or all tender bids

without assigning any reason. He is not bound to accept the lowest tender.

12. The official copy of tender document for e-bidding process of E-tender shall be available

for downloading from https://eprocurement.synise.com/bsnl1/gujarat, from 01.12.2016,

17:00 Hrs onwards. This will, however, be same as available on BSNL website.

12.1 The bidder shall furnish a declaration that no addition / deletion / corrections have been

made in the downloaded tender document being submitted and it is identical to the tender

document appearing on E-tender Portal https://eprocurement.synise.com/bsnl1/gujarat,

12.1 In case of any correction/ addition/ alteration/ omission in the tender document, the

tender bid shall be treated as non responsive and shall be rejected summarily.

Note 5: All documents submitted in the bid offer should be preferably in English. In case the

certificate viz. experience, registration etc. is issued in any other language other than

English, the bidder shall attach an English translation of the same duly attested by the

bidder & the translator to be true copy in addition to the relevant certificate.

Note 6: All computer generated documents should be duly signed/ attested by the bidder/

vendor organization.






SECTION – 1 (Part B)

NEWS PAPER N.I.T. (NNIT)


Office of the Telecom, District Manager, Amreli

AMRELI TELECOM DISTRICT

NOTICE INVITING EOI (AMR/PLG/EOI/2016-17)

Online EOIs are invited from the prospective bidders for outsourcing Deployment, Provision &

Maintenance of new Wireline Landline/ Broadband connections in the New Developing/ upcoming

areas/ TNF locations on revenue sharing basis in Amreli Telecom District. Last date of receipt of

EOI is 22/12/2016 up to 12.00.Hrs.

For further detailed information, kindly visit our website www.gujarat.bsnl.co.in and follow “Link

for E-tender” or http://tender.bsnl.co.in/

Assistant General Manager (PLG)

Amreli Telecom District.

PH.228128 FAX.222275

http://www.gujarat.bsnl.co.in/

http://tender.bsnl.co.in/




SECTION- 2

Tender Information

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

Note 1 :- The bidder shall submit Techno-commercial & Financial bid simultaneously.

Note 2 :- The bids will be evaluated techno-commercially first and thereafter financial

bids of techno-commercially compliant bidders only shall be opened.

2. Bid Validity Period / validity of Bid offer : 150 days from the date of tender opening

and can be extended

3. Bid Document:-

a) Techno-commercial part of the bid shall contain one set of the following

documents only:-

i) EMD.

ii) Cost of the tender documents i.e. tender fee.

iii) Certificate(s) showing fulfillment of the eligibility criteria(s) stated in Clause

4 of the DNIT

iv) Power of Attorney & authorization for executing the power of Attorney in

accordance with clause 14.3 of Section 4 Part A

v) Clause by clause compliance as per clause 11.2 of Section-4A

vi) Bidder’s Profile & Questionnaire duly filled & signed.

vii) Non-Relation Certificate duly filled & signed.

viii) Undertaking & declaration duly filled & signed

ix) Documents stated in clause 10 of Section-4 Part A.

x) Tender documents duly signed at the end of each section for having read it

& accepted it

xi) Tender/ Bid form- Section 9 Part A

xii) Electronic Form- Technical (in case of tenders invited through e-tendering

process)

Note : Deleted

b) Financial part of the bid shall contain one set of the complete price schedule as per

Section 9 part B and any supporting documents required.

Note:- Bid must be submitted by bidder through E-tendering mode only. Manual (OFFLINE)

submission of bids should not be considered In case of e-tendering, the following

documents are required to be submitted offline (i.e. offline submissions) to AGM (PLG),

Room no. 307 3rd Floor. Telephone Exchange Bldg.AMRELI-365601, on or before the date

& time of submission of bids in a sealed envelope.

The envelope shall bear the tender number, name of work and the phrase: “Do Not Open

Before (due date & time of opening of tender).

i) EMD – Bid security (original copy)

ii) DD/ Banker’s cheque of Tender fee

iii) Power of Attorney in accordance with clause 14.3 of section 4 Part A and

authorization for executing the power of Attorney.

iv) Latest and valid MSE Certificate from MSME for the tendered item (If applicable)

4. Deleted

5. Payment terms

As detailed in clause 5 of section-5 part B of the EOI document.

6. Deleted

7. Deleted




SECTION- 3 Part A

SCOPE OF WORK

1. Introduction

1.1 BSNL intends to select firm(s)/partner(s) for outsourcing Deployment, Provision &

Maintenance of new Wireline Landline/ Broadband connections on revenue sharing basis in

the uncovered, upcoming /potential areas, TNF locations / sites, where sufficient BSNL

telecom infrastructure is not available.

1.2 Selected Outsourced partner shall lay incremental cable and operation & maintenance of

such cable & fault repair service with CAPEX & OPEX shall be on part of bidder.

1.3 BSNL Landline / Broadband service shall be extended to uncovered areas by laying of

incremental copper cable/OFC media (as the case may be) by outsourced partner.

1.4 All services over cable network laid by outsourced partner under the contract shall be

offered by BSNL in the brand name of BSNL and accordingly BSNL shall raise the invoices

for services availed by customers. Outsourced partner shall not charge the Subscriber

directly for any service being delivered by BSNL over the outsourced partner cable network

under the contract.

1.5 The CAF will be owned by BSNL. The outsourced partner can acquire customer but it will be

in the name of BSNL only and CAF will be submitted to BSNL before activation of new

connection.

1.6 Outsourced partner shall comply with all other Govt. of India act and laws that are

applicable to the work contained in the EOI.

1.7 CDR / IT system access (view only) shall be given to outsourced partner for provisioning &

maintenance and fault restoration.

1.8 In case of new Landline and Broadband connection provisioning order for Broadband will be

issued after completion of work order of Landline.

2. Broad Role & responsibility :

2.1 Role & responsibility of BSNL:

i. The telephone exchange and other equipment (like battery, power plant, MDF,

DSLAM, CLIP telephone instrument, modem, splitter, transmission equipment

etc.) will be provided by BSNL. The services in the selected area will be provided

either from nearest telephone exchange or from new telephone exchange, to be

provided in that area at suitable location, subject to technical feasibility work

order will be issued accordingly.

ii. To operate & maintain BSNL owned telecom equipments / infrastructure / cable

etc.

iii. To provide Exchange equipment such as modem. Line media gate-way, DSLAM.

RLU / RSU etc.

iv. To provide the connectivity to its Telecom bandwidth & other network

infrastructure at BSNL cost.

v. To fix the tariffs applicable to customers for landline & broadband services in

consultation with outsourced partner.

vi. To do Billing/Invoicing for the services availed by the customers.




vii. No services from other Telecom Operator shall be extended to customer over the

infrastructure / cable laid by outsourced partner.

2.2 Role & responsibility of outsourced partner:

i. In case where Primary cable is available up to pillar, outsourced partner shall lay

distribution cable from pillar to customer premises.

ii. In case of new telephone exchange, outsourced partner shall lay primary cable from

exchange to pillar and distribution cable from pillar to customer premises. Equipment

of external plant like pillar, DPs, Poles, house wiring. LJU, etc for their portion of work

shall be provided and maintained by the outsourced partner. All these equipments

must be compatible with the telephone exchange system of BSNL.

iii. Customer acquisition, last mile cable laying / Ethernet / copper cabling / wiring.

Providing instruments / modems / CPE / splitter installation, thereafter operation &

maintenance of BSNL landline / Broadband service at the premises of BSNL customers.

iv. Operation & maintenance of cable network beyond new exchange or “pillar’' as

applicable that is provisioned by the outsourcing partner during the contract period.

v. Sale and Pro-actively marketing BSNL’s landline. Broadband service and BSNL

products.

vi. To carry out formalities for customer acquisition, assisting customers in filling

up of CAF (customer acquisition form), and subscription of BSNL services by residents

in a proactive manner. To carryout required co-ordination with BSNL commercial /

booking officers for completion of commercial formalities.

vii. To deploy trained personnel for resolving customer complaints / faults etc.

viii. To do the fault restoration of the telecom network installed & maintained by

outsourced partner.

ix. To do the back filling and dressing / re-installment of the trench created during

the laying of cable at outsourced partner’s cost.

x. Wherever necessary, obtaining permission for trenching / pipe laying work etc. from

Forest Department / NHAI / Railway crossing / PWD / Municipality / Local bodies or

any other such entity will be the responsibility of the outsourced partner. Any charges

towards permission such as reinstatement charges etc. if required to be deposited to

the concerned authority shall be borne by outsourced partner.

2.3 Inspection, Quality Control.

2.3.1 The Quality of Works

(i) The quality and availability of media and efficiency of the reliable media connectivity to

Customers depends up on quality of laying of Under Ground Cable. Further, the UG cable is

vulnerable to damages due to work of other agencies. Therefore cable used by outsourced

partner should be compatible to BSNL standards.

(ii) The quality of U.G. cable plant depends upon the quality of individual items of work involved

viz. Depth of Cables laid, care while laying, protection, joining to Cables and Terminations in

DP / Pillar/ Termination Box and at last but not the least on documentation of Cable

network. In order to ensure quality in Cable Construction work, each component of work

needs attention. The works shall be carried out in accordance with specifications laid down by

BSNL to achieve the requisite quality aim.

(iii) It is imperative that the Outsourced partner deploy manpower that is fully conversant with the

construction practices and shall be fully equipped to carry out the work in accordance with the

specifications. The outsourced partner are expected and bound to ensure quality in




construction works in accordance with specifications laid down. The outsourced partner shall

engage adequate and experienced supervisors to ensure that works are carried out as per

specifications and with due diligence and in a professional manner. The outsourced partner

shall satisfy them that the work conforms to the quality specifications.

(iv) In addition to supervision by construction officer of outsourced partner, up to 10% of works

shall be inspected by BSNL circle/SSA officials. The outsourced partner shall be bound, if

called upon to do so, to offer the works for inspection without any extra payment. If during

such Inspection, deviations from standard construction practice are found, outsourced partner

shall make good all deviations.

2.4 Documentation:

The documentation, consisting of Route Diagrams, depicting Joint Locations,

Termination details of Cables on MDF, Pillars and D.P.s, is of immense help at the time

of maintenance or undertaking any re-arrangement work in the external plant. The

details available in documentation prove to be of huge value in subsequent planning

and construction activities in the external plant. These documents are also useful in

coordinating excavating activities by other agencies thus saving our huge investment

from getting damaged and also avoiding disruption of services.

The documentation shall be prepared primary cable wise for one or more than one

primary cables with all its pillars shown and for all the its pillars the distribution cables

shown pillar wise, for the works ordered against a work order. The scope of work in

documentation shall include the following:

(i) Route Diagrams: Preparation of route diagram depicting alignment of cables on

roadsides on a geographical map of the pillar area/ exchange area. Though it is

desirable to prepare these diagrams on geographical maps to the scale but in

case geographical maps are not available, the maps should be constructed to a

reasonable accuracy by taking details from the local bodies of the area. On this

diagram, besides showing alignment of the cable, the topographical details of

the road, location of pillars and landmarks alongside should also be shown to

locate the cable (s) easily as and when required. These diagrams shall be

prepared on A3 sheets 80 GSM.

(ii) Joint offsets: The joints offsets will inter-alia show the locations of joints by

showing distances from three permanent points so that the joints can be

located easily as and when required. Besides showing the locations of joints, it

shall also show details of distribution of pairs in the joint in case of branch

joint. These joint offsets shall be prepared in A4 size sheets of 80 GSM.

(iii) Pillar Cards: The pillar cards shall show the termination details of primary as

well as distribution cables in the pillar. These cards shall be prepared in A4 size

sheets of 80 GSM.

(iv) MDF Termination Cards: The MDF termination cards shall provide details of

termination of cable depicting full details of MDF vertical, tag block numbers

and pair numbers of the cable terminated on the MDF and its correspondence

with termination in pillars. These cards shall be prepared in A4 size sheets of

80 GSM.

The route diagrams, joint offsets, pillar cards and MDF termination cards shall

be prepared by the contractor through an experienced draughts man or these

may be computerized. The utility of the documentation will be enhanced if the

existing cable is also shown on these diagrams being prepared for the new

work. The contractor shall be bound to implant the details on the documents if

supplied by Engineer-in-charge timely, without any extra cost. All the

diagrams/ cards/ joint offsets shall bear the signature of the contractor as a




proof of accuracy of the diagram.

All the above documents (I to IV) pertaining to a pillar area/ exchange system

(in case of small exchange system) shall be bound in A4 size. The cover sheet

shall be of 110 GSM and laminated

3. Confidentiality:

3.1 The Bidder shall take adequate and timely measures to ensure that information provided

through it as part of this contract/agreement shall be kept confidential, secured and

protected and shall not be divulged to any unauthorized person/ firm.

3.2 Bidders shall treat all documents / data / software or part of them, which BSNL may

provide or Bidder shall access, as strictly confidential and maintain secrecy for the same.

3.3 The Bidder shall maintain full confidentiality of the data supplied by BSNL. Under no

circumstances the Bidder shall divulge/reveal/share such data for the purpose other than

for meeting BSNL’s requirement. Any violation of this confidentiality clause may result in

suitable penalty and /or termination of the contract, forfeiture of SD/ encashment of PBG.

BSNL shall reserve the right to black-list the Bidder on all India bases. The decision of

BSNL shall be final in this regard and binding on Bidder.

3.4 Bidder shall not publish, disclose any information about, make available or otherwise

dispose of the document / data / software or any part or parts thereof to any third party,

directly or indirectly without prior written consent of BSNL.

3.5 Bidder shall restrict access to the documents/data/software only to those of their

employees to whom it will be felt necessary and relevant for the contact center operations

and shall draw the provision of this commitment to BSNL made by the Bidder, to the

personal attention of those of its employees to whom access to the

document/data/software will be granted.

3.6 BSNL may terminate the contract, in case confidentiality as above is not maintained by

the Bidder.




4. Details of Areas covered under EOI is given below

Sr. No.

EOI No.

Area of work Exchange Area

Pillar Area from pick up cable to be laid

Name of the Society

Total No. of Dwelling Units

Approx. Occupied Units

Minimum Anticipated

NTC

1

EO

I N

o.

AM

R/P

LG

/EO

I/2016-1

7 D

ate

d:

0

1/1

2/2

016

Jeshingpara Amreli 750Mtrs. Akshardham Socy.

26 26 16

2 Chakkargadh Road Amreli 300Mtrs. Amrutdhara Socy. 32 32 11

3 ---do--- Amreli 800Mtrs. Aksharpark 30 30 19

4 ---do--- Amreli 800Mtrs. Mancity 50 50 7

5 ---do--- Amreli 300Mtrs. Anandnagar Socy. 44 44 18

6 Lathi Road Amreli 750Mtrs. Gopalnagar 10 10 3

7 ---do--- Amreli 700Mtrs. Royal park 40 40 15

8 ---do--- Amreli 400Mtrs. B/H Hyundai Show Room

18 18 6

9 ---do--- Amreli 600Mtrs. K.K.Park socy. 46 46 14

10

EO

I N

o.

AM

R/P

LG

/EO

I/2016-1

7

Date

d:

01/1

2/2

016

Liliya Road Amreli 950Mtrs. Maniba park 32 32 15

11 Hanumanpara Amreli 700Mtrs. Narayannagar 20 20 15

12 ---do--- Amreli 500Mtrs. Ranujapark 25 25 7

13 Gokulnagar Rajula 500Mtrs. Gokulnagar 20 20 10

14 Shubhamnagar Rajula 600Mtrs. Shubhamnagar 18 18 10

15 Dharnath-3 Rajula 1200Mtrs. Dharnath-3 53 53 25

16 Nr. Bherai Road Rajula 600Mtrs. Nr. Bherai Road 20 20 12




SECTION-4 Part A

GENERAL INSTRUCTIONS TO BIDDERS (GIB)

1.0 DEFINITIONS

(a) "The Purchaser" means the Amreli Telecom District Bharat Sanchar Nigam Ltd.

(BSNL), Amreli

(b) "The Bidder" means the individual or firm who participates in this tender and

submits its bid.

(c) "The Supplier" or “The Vendor” means the individual or firm supplying the goods

under the contract.

(d) "The Goods" means all the equipment, machinery, and/or other materials which

the Supplier is required to supply to the Purchaser under the contract.

(e) "The Advance Purchase Order" or “Letter of Intent” means the intention of

Purchaser to place the Purchase Order on the bidder.

(f) "The Purchase Order" means the order placed by the Purchaser on the Supplier

signed by the Purchaser including all attachments and appendices thereto and all

documents incorporated by reference therein. The purchase order shall be deemed

as "Contract" appearing in the document.

(g) "The Contract Price" means the price payable to the Supplier under the purchase

order for the full and proper performance of its contractual obligations.

(h) "Validation" is 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 Telecommunication (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) “Successful Bidder(s)” means the bidder(s) to who work in this tender is

awarded.

2.0 ELIGIBILITY CONDITIONS:

2.1 Kindly refer to clause 4 of Section – 1 i.e. Detailed NIT.

3.0 COST OF BIDDING

3.1 The bidder shall bear all costs associated with the preparation and submission of the bid.

The Purchaser will, in no case, be responsible or liable for these costs, regardless of the

conduct or outcome of the bidding process.

4.0 DOCUMENTS REQUIRED

4.1 The goods required to be supplied; bidding procedures and contract terms and conditions

are prescribed in the Bid Documents. The contents of the Bid documents are specified in

the covering letter.

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

Bid Documents and clarifications/ amendments/ addenda, if any. Failure to furnish all

information required as per the Bid Documents or submission of the bids not substantially

responsive to the Bid Documents in every respect will be at the bidder's risk and may

result in rejection of the bid.

5.0 CLARIFICATION OF BID DOCUMENTS

5.1. A prospective bidder, requiring any clarification on the Bid Documents shall notify the

Purchaser in writing by FAX or by Email of the Purchaser as 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 on or before 15.12.2016. 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 shall amount to an amendment of the relevant

clauses of the bid documents.

5.3 Pre- Bid conference will be held with all prospective bidders on 15.12.2016 12:30 Hrs at,

Room no.307 Telephone Exchange, Amreli – 365601.

6.0 AMENDMENT OF BID DOCUMENTS

6.1 The Purchaser may, for any reason, whether at its own initiative or in response to a

clarification requested by a prospective bidder, may modify bid documents by

amendments prior to the date of submission of Bids with due notification to prospective

bidders.

6.2 The amendments shall be notified in writing by FAX or Email or by Addendum through e-

tendering portal ( for tenders invited through e-tendering process)to all prospective

bidders on the address intimated at the time of purchase of the bid document from the

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.

7.0 DOCUMENTS COMPRISING THE BID

The bid prepared by the bidder shall ensure availability of the following components:

(a) Documentary evidence establishing that the bidder is eligible to bid and is qualified to

perform the contract if its bid is accepted in accordance with the clause 2 & 10.

(b) Bid Security furnished in accordance with clause 12.

(c) A Clause by Clause compliance as per clause 11.2 (c)

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

8.0 BID FORM

8.1 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- 9.

9.0 (Deleted)

10.0 DOCUMENTS ESTABLISHINGBIDDER'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 whichever is required as per terms and conditions of Bid

Documents.

a) (Not applicable)

b) (Not applicable)

c) (Not applicable)

d) Additional documents to establish the eligibility and qualification of bidder as specified

in Section-I and Section-4 Part B.

e) Power of Attorney as per clause 14.3 (a) and (d) and authorization for executing the

power of Attorney as per clause 14.3 (b) or (c).

f) Documentary proof of applicable rate of ED/ CD/ Sales Tax/ VAT /Service Tax/EPF

Registration/ESI Registration.

g) (Not applicable)

h) Certificates from all Directors of the bidder stating that none of their near relatives




are working in BSNL in accordance with clause 34.

i) Certificate of incorporation or a partnership firm/proprietorship firm registered in

India

j) Article or Memorandum of Association or partnership deed or proprietorship deed as

the case may be.

k) List of all Directors including their name(s), Director Identification Number(s) (DIN)

and address (es) along with contact telephone numbers of office and residence.

l) (Not applicable)

m) (Not applicable)

10 .2 Documentary evidence for financial and technical capability

a) The bidder shall furnish audited Annual Report and /or a certificate from its bankers

to assess its solvency/financial capability.

b) The bidder shall furnish documentary evidence about technical and production

capability necessary to perform the contract.

10.3 (Not applicable)



10.6. (Not applicable)


11.0 DOCUMENTS ESTABLISHING GOODS’ CONFORMITY TO BID DOCUMENTS

11.1 Pursuant to clause 7, the bidder shall furnish, as part of its bid, documents establishing

the conformity of its bid to the Bid Documents of all goods and services which he

proposes to supply under the contract.

11.2 The documentary evidences of the "goods and services" conformity to the Bid Documents

may be, in the form of literature, drawings, data etc. and the bidder shall furnish:

(a) a detailed description of goods with essential technical and performance

characteristics;

(b) a list, giving full particulars including available sources and current prices of all

spare parts, special tools, etc., necessary for the proper and continuous

functioning of the goods for a period of three years following commencement of

use of the goods by the purchaser, and

(c) a clause-by-clause compliance on the purchaser's Technical Specifications and

Commercial Conditions demonstrating substantial responsiveness to the Technical

Specifications and Commercial Conditions. In case of deviations, a statement of

the deviations and exception to the provision of the Technical Specifications and

Commercial Conditions shall be given by the bidder. A bid without clause-by-clause

compliance of the Scope of Work, Technical Specifications, SOR (Section-3 Part A,

B & C), General (Commercial) Conditions & Special (Commercial) Conditions,

General Conditions of AMC (Section- 5 Part A, B & C) shall not be considered.

11.3 For the purpose of compliance to be furnished pursuant to the clause11.2(c) above, the

bidder shall note that the standards for the workmanship, material and equipment and

reference to the brand names or catalogue number, designated by the Purchaser in its

Technical specifications are intended to be descriptive only and not restrictive.

12.0 BID SECURITY / EMD

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

12.2 The MSE bidders are exempted from payment of bid security:




a) A proof regarding valid registration with body specified by Ministry of Micro, Small

& Medium Enterprise for the tendered items will have to be attached along with the

bid.

b) The enlistment certificate issued by MSME should be valid on the date of opening

of tender.

c) If a vender registered with body specified by Ministry of Micro, Small & Medium

Enterprise claiming concessional benefits is awarded work by BSNL and

subsequently fails to obey any of the contractual obligations, he will be debarred

from any further work/ contract by BSNL for one year from the date of issue of

such order.

12.3 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.

12.4. A bid not secured in accordance with Para 12.1 & 12.2 shall be rejected by the Purchaser

being non-responsive at the bid opening stage and archived unopened on e-tender portal

for e-tenders and returned to the bidder unopened(for manual bidding process)

12.5 The bid security of the unsuccessful bidder will be discharged/ returned as promptly as

possible and within 30 days of finalization of the tender or expiry of the period of the bid

validity period prescribed by the purchaser pursuant to clause 13.

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

advance purchase order satisfactorily in accordance with clause 27 and furnishing the

performance security.

12.7 The bid security may be forfeited:

a) If the bidder withdraws or amends its bid or impairs or derogates from the bid in

any respect during the period of bid validity specified by the bidder in the bid form

or extended subsequently; or

b) If the bidder does not accept the APO/ AWO and/ or does not submit PBG & sign the

contract/ agreement in accordance with clause 28.

13.0 PERIOD OF VALIDITY OF BIDS

13 .1 Bid shall remain valid for period specified in clause 2 of Tender Information. 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 its bid security. A bidder

accepting the request and granting extension will not be permitted to modify its bid.

14.0 FORMAT AND SIGNING OF BID

14.1. The bidder shall submit his bid, online (in case of e-tendering) & through sealed

envelopes physically (in case of tenders with manual bidding process), complying all

eligibility conditions, other terms and conditions of tender document to be read along with

the clarifications and amendments issued in this respect. All the documents must be

authenticated, using Digital Signature (in case of e-tendering) & by hand signatures (for

manual bidding process), by the authorized person. The letter of authorization shall be

indicated by written power-of-attorney accompanying the bid.

Note:-The Purchaser may ask the bidder(s) to supply, besides original bid, additional copy of

bids as required by him.

14.2. The bid shall contain no interlineations, erasures or overwriting except as

necessary to correct errors made by the bidder in which case such corrections shall be

signed by the person or persons signing the bid. All pages of the original bid, except for




un-amended printed literatures, shall be digitally signed by the person or persons signing

the bid.

14.3 Power of Attorney

(a) The power of Attorney should be submitted and executed on the non-judicial stamp

paper of appropriate value as prevailing in the concerned states(s) and the same be

attested by a Notary public or registered before Sub-registrar of the state(s)

concerned.

(b) The power of Attorney be executed by a person who has been authorized by the

Board of Directors of the bidder in this regard, on behalf of the Company/

institution/ Body corporate.

(c) In case of the bidder being a firm, the said Power of Attorney should be executed by

all the partner(s) in favour of the said Attorney.

(d) Attestation of the specimen signatures of authorized signatory by the Company’s/

firm’s bankers shall be furnished. Name, designation, Phone number, mobile

number, email address and postal address of the authorized signatory shall be

provided.

15.0 SEALING AND MARKING OF BIDS

The bid shall be submitted online using single stage bidding and Two Envelope Methodology.

15.1 The first envelope (Techno-commercial bid): This envelope shall contain documents of

bidders satisfying the eligibility / Technical & commercial conditions requirements. Second

envelope will be named as financial bid containing price Schedule as per section 9 Part B.

All documents submitted will also be self-attested by the bidder.

15.2 a) The envelopes for Tender Fee / EMD shall be addressed AGM (PLG), O/o. T.D.M.3rd Floor,

Telephone Exchange Bldg. Opp. Nagnath Temple, Amreli-365601.

b) The envelope for Tender Fee / EMD shall bear the name of the tender, the tender number

and the words 'DO NOT OPEN BEFORE' (due date & time).

c) The envelopes for Tender Fee / EMD shall indicate the name and complete postal address of

the bidder to enable the User to return the bid unopened in case it is declared to be

received 'late'.

d) The envelopes for Tender Fee / EMD shall should be deposited in the tender box provided

by tendering authority or sent by registered post or delivered in person on above

mentioned address (address is given above). The responsibility for ensuring that the

envelopes for Tender Fee / EMD shall are delivered in time would vest with the bidder.

e) The envelopes for Tender Fee / EMD shall delivered in person/ registered post on the day of

tender opening shall be delivered up to specified time & date as stated in NIT to A.G.M.

(PLG), O/o. T.D.M. Room no.307 Telephone Exchange Bldg. Opp. Nagnath Temple,

Amreli-06. The User shall not be responsible if the envelopes for Tender Fee / EMD shall

are delivered elsewhere.

f) Venue of Tender Opening:

Tender will be opened in Chamber of A.G.M. (PLG), O/o. T.D.M. Room no.307 Telephone

Exchange Bldg. Opp. Nagnath Temple, Amreli-06. At specified time & date as stated in NIT.

If due to administrative reason, the venue of Bid opening is changed, it will be displayed

prominently on the above address.

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

be rejected.

Are of work as defined in Clause 4.0 of Section 3 Part A. They should submit Technical Bid (On-line) with required documents for eligibility They should submit the financial bid (on-line)..




16. 0 SUBMISSION OF BIDS

16.1. Bids must be submitted by the bidders on or before the specified date & time indicated in

Clause 6 of Section-I i.e. DNIT.

16.2 The Purchaser may, at its discretion, extend this deadline for the submission of bids by

amending the Bid Documents in accordance with clause 6 in which case all rights and

obligations of the purchaser and bidders previously subject to the deadline will thereafter

be subjected to the extended deadline.

16.3 The bidder shall submit its bid offer against a set of bid documents purchased by him for

all the systems/ equipment as per requirement of the Bid Documents. He may include

alternate offer, if permissible as per the bid. However, not more than one independent

and complete offer shall be permitted from the bidder.

17.0 LATE BIDS

17.1 No bid shall be accepted either online by E-Tender Portal or physically in case of manual

bidding process after the specified deadline for submission of bids prescribed by the

purchaser.

18 MODIFICATION AND WITHDRAWAL OF BIDS

18 .1 The bidder may modify, revise or withdraw his bid after submission prior to deadline

prescribed for submission of bid.

18.2 The bidder’s modification, revision or withdrawal shall have to be online and digitally

authenticated (in case of e-tendering) & physically (in case of manual bidding process) as

per clause 15.

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

of bids.

19.0 OPENING OF BIDS BY PURCHASER

19.1 The purchaser shall open bids online (in case of e-Tenders) or physically (in case of

manual bidding process) in the presence of the authorized representatives of bidders

online (in case of e-Tenders) or physically present (in case of e-Tenders as well as manual

bidding process) who chose to attend, at time & date specified in Clause 7 of D NIT

(Section-1) on due date.

The bidder's representatives, who are present, shall sign in an attendance register.

Authority letter to this effect shall be submitted by the authorized representatives of

bidders before they are allowed to participate in bid opening (A Format is given in

enclosed in Section-7 C).

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

attend the bid opening.

19.3 Name of envelopes to be opened & information to be read out by Bid Opening Committee

(i) In Single stage bidding & single envelope system; techno-commercial bid & financial

Bid will be opened on the date of tender opening given in NIT.

(ii) In Single stage bidding & two envelopes system; the bids will be opened in 2 stages

i.e. the techno-commercial bid shall be opened on the date of tender opening given

in NIT. The financial bid will not be opened on the Date of opening of techno

commercial bids in this case.

Thereafter the CET will evaluate Techno-commercial bids & the report of CET will be

approved by competent authority.

The financial bids of those bidders who are approved to be techno-commercially

compliant by the competent authority, will be opened by TOC in front of techno

commercially eligible bidders/ authorized representatives by sending them a suitable

notice.




(iii) The following information should be read out at the time of Techno-commercial bid

opening:-

a) Name of the Bidder

b) Name of the item

c) EMD amount & validity and acceptability

d) Information in respect of eligibility of the bidder.

e) Details of bid modification/ withdrawal, if applicable.

(iv) The following information should be read out at the time of Financial bid opening:-

a) Name of the Bidder

b) Name of the item

c) Quantities/prices quoted in the bid

d) Discount, if offered

e) Taxes & levies

19.4 The date fixed for opening of bids, if subsequently declared as holiday by the BSNL, the

revised date of schedule will be notified. However, in absence of such notification, the bids

will be opened on next working day, time and venue remaining unaltered.

20.0 CLARIFICATION OF BIDS

20.1 To assist in the examination, evaluation and comparison of bids, the 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.

20.2 If any of the documents, required to be submitted along with the technical bid is found

wanting, the offer is liable to be rejected at that stage. However the purchaser at its

discretion may call for any clarification regarding the bid document within a

stipulated time period. In case of non compliance to such queries, the bid will be out

rightly rejected without entertaining further correspondence in this regard.

21.0 PRELIMINARY EVALUATION (Refer Clause 1 of Section-4 Part-B)

22.0 EVALUATION AND COMPARISON OF SUBSTANTIALLY RESPONSIVE BIDS

(Refer Clause 1 of Section-4 Part-B)

23.0 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 its bid or influence the purchaser in the purchaser's bid

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

bid.

24.0 PLACEMENT OF ORDER / AWARD OF WORK

24.1 After evaluation of financial proposals (bids), BSNL shall prepare a separate list of Bidders

arranged in increasing order of % revenue share demanded by bidders starting from the

lowest (i.e. L1, L2, L3 and so on), for the purpose of awarding work. The BSNL reserve

the right to counter offer revenue share against quoted revenue share by any

bidder.

24.2 L1 shall be considered for awarding of complete work.

25. Deleted

26. BSNL'S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS

BSNL reserves the right to accept or reject any bid, and to annul the bidding process and




reject all bids, at any time prior to award of contract without assigning any reason

whatsoever and without thereby incurring any liability to the affected bidder or bidders on

the grounds of BSNL’s action.

27. ISSUE OF ADVANCE PURCHASE ORDER (WORK ORDER)

27.1. The issue of Work Order shall constitute the intention of BSNL to enter into contract with

the bidder.

27.2 The bidder shall within 14 days of issue of the work order, give its acceptance along with

performance security in conformity with the Performa provided with the bid document at

Section-7B. The Bidder shall also sign an agreement (framed on the terms and conditions

of the EOI by BSNL to be made available to the bidder along with work order) within this

period after submission of the performance security

28. SIGNING OF CONTRACT

28.1 The issue of Purchase order 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.

29. ANNULMENT OF AWARD

Failure of the successful bidder to comply with the requirement of clause 27 & 28 shall

constitute sufficient ground for the annulment of the award and 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. Not Applicable

31. REJECTION OF BIDS

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

special attention of bidder is invited to the following clauses of the bid documents. Non-

compliance of any one of these shall result in outright rejection of the bid.

a) Clauses 12.1, 12.2 & 13.1 of Section- 4 Part A: The bids will be rejected at

opening stage if Bid security is not submitted as per Clauses 12.1 & 12.2 and bid

validity is less than the period prescribed in Clause 13.1 mentioned above.

b) Clause 2 & 10 of Section-4Part A: If the eligibility condition as per clause 2 of

Section 4 Part A is not met and/ or documents prescribed to establish the eligibility

as per Clause 10 of section 4 Part A are not enclosed, the bids will be rejected

without further evaluation.

c) Clause 11.2 (c) of Section-4 Part A: If clause-by-clause compliance as well as

deviation statements as prescribed are not given, the bid will be rejected at the

stage of primary evaluation.

d) While giving compliance to Section-5 Part A, General Commercial conditions,

Section-4 Part B, Special Instructions to Bidders, Section-5B Special (Commercial)

Conditions of Contract and Section-3 Technical Specifications ambiguous words like

"Noted", "Understood", “Noted & Understood" shall not be accepted as complied.

Mere "Complied" will also be not sufficient, reference to the enclosed documents

showing compliances must be given.

e) Section-9 Price Schedule: Prices are not filled in as prescribed in price schedule.

f) Section-4 Part A 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".




31.2 Before outright rejection of the Bid by Bid-opening team for non-compliance of any of the

provisions mentioned in clause 31.1(a), 31.1(b) of Section-4PartA, the bidder company is

given opportunity to explain their position, however if the person representing the

company is not satisfied with the decision of the Bid opening team, he/they can submit

the representation to the Bid opening team immediately but in no case after closing of the

tender process with full justification quoting specifically the violation of tender condition if

any.

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

opening even if it is liable for rejection and will preserve the bids in sealed cover as

submitted by taking the signatures of some of the desirous representatives of the

participating bidder/companies present on the occasion.

31.4 The in-charge of Bid opening team will mention the number of bids with the name of the

company found unsuitable for further processing on the date of tender opening and

number of representations received in Bid opening Minutes and if Bid opening team is

satisfied with the argument of the bidder/company mentioned in their representation and

feel that there is prima-facie fact for consideration, the in-charge of the bid opening team

will submit the case for review to Officer competent to approve the tender as early as

possible preferably on next working day and decision to this effect should be

communicated to the bidder company within a week positively. Bids found liable for

rejection and kept preserved on the date of tender opening will be returned to the bidders

after issue of P.O. against the instant tender.

31.5 If the reviewing officer finds it fit to open the bid of the petitioner, this should be done by

giving three (working) days’ notice to all the participating bidders to give opportunity to

participants desirous to be present on the occasion.

32. ACTION BY BSNL AGAINST BIDDER(S)/ VENDOR(S) IN CASE OF DEFAULT.

In case of default by Bidder(s)/ Vendor(s) such as

a) Bidder does not Start the activity in time;

b) Bidder does not perform satisfactory in the field in accordance with the

specifications;

c) Or any other default whose complete list is enclosed in Appendix-1.

Purchaser will take action as specified in Appendix-1 of this section.

33. Clause deleted.

34. NEAR-RELATIONSHIP CERTIFICATE

34.1. The bidder should give a certificate that none of his/ her near relative, as defined below,

is working in the units where he is going to apply for the tender. In case of proprietorship

firm certificate will be given by the proprietor. For partnership firm certificate will be

given by all the partners and in case of limited company by all the Directors of the

company excluding Government of India/ Financial institution nominees and independent

non-Official part time Directors appointed by Govt. of India or the Governor of the state

and full time Directors of PSUs both state and central. Due to any breach of these

conditions by the company or firm or any other person the tender will be cancelled and

Bid Security will be forfeited at any stage whenever it is noticed and BSNL will not pay

any damage to the company or firm or the concerned person.

34.2. The Company or firm or the person will also be debarred for further participation in the

concerned unit.

34.3 The near relatives for this purpose are defined as:-

(a) Members of a Hindu undivided family.




(b) They are husband and wife.

(c) The one is related to the other in the manner as father, mother, son(s) & Son's wife

(daughter in law), Daughter(s) and daughter's husband (son in law), brother(s)

and brother's wife, sister(s) and sister's husband (brother in law).

34.4. The format of the certificate is given in Section 6 (B).

35. VERIFICATION OF DOCUMENTS AND CERTIFICATES

The bidder will ensure that all the documents and certificates, including experience/

performance and self-certificates submitted by him are correct and genuine before

enclosing them in the bid. The onus of proving genuineness of the submitted documents

would rest with the bidder.

If any document/ paper/ certificate submitted by the participant bidder is found /

discovered to be false / fabricated / tempered / manipulated either during bid evaluation

or during award of contract or thereafter, then the Purchaser will take action as per

Clause-1 of Appendix-1 of this section.

Note for Tender opening Committee:

At the time of tender opening, the TOC will check/ verify that the documents conforming

to eligibility part are submitted by the participant bidder duly authenticated by the

authorized signatory to obviate any possibility of doubt and dispute and maintain veracity

of the documents / papers/ certificates.

The documents/ papers to be submitted in respective bid part have been explicitly stated

in clause- 7 of Section 4 Part A.

This opened bid part which is already signed by the authorized representative of the

bidder company during bid submission will be signed by the tender opening committee on

hard copy and preserve it along with the bids received online in case of e-tendering.

36. Security Clause as per latest guidelines and requirement

Mandatory Licensing requirements with regards to security related concerns issued by the

Government of India from time-to-time shall be strictly followed and appropriate clauses

shall be added in all bid documents. Necessary guidelines in this regard shall be issued

separately.




Appendix-1 to Section 4 Part A

S.

No.

Defaults of the bidder / vendor. Action to be taken

A B C

1(a) Submitting fake / forged

i) Rejection of tender bid of respective

Vendor.

ii) Banning of business for 3 years which

implies barring further dealing with the

vendor for procurement of Goods & Services

including participation in future tenders

invited by BSNL for 3 years from date of issue

of banning order.

iii) Termination/ Short Closure of PO/WO, if

issued. This implies non-acceptance of further

supplies / work & services except to make the

already received material work/ complete

work in hand.

a) Bank Instruments with the bid to

meet terms & condition of tender in

respect of tender fee and/ or EMD;

b) Certificate for claiming exemption in

respect of tender fee and/ or EMD;

and detection of default at any stage

from receipt of bids till award of APO/

issue of PO/WO.

Note 1:- However, in this case the performance guarantee if alright will not be

forfeited.

Note 2:- Payment for already received supplies/ completed work shall be made as per

terms & conditions of PO/ WO.

1(b) Submitting fake / forged documents

towards meeting eligibility criteria such

as experience capability, supply proof,

registration with Sales Tax, Income Tax

departments etc and as supporting

documents towards other terms &

conditions with the bid to meet terms &

condition of tender :

(i) If detection of default is prior to

award of APO

i) Rejection of Bid &

ii) Forfeiture of EMD.

(ii) If detection of default after issue of

APO but before receipt of PG/ SD

(DD,BG etc.)

i) Cancellation of APO,

ii) Rejection of Bid &

iii) Forfeiture of EMD.

(iii) If detection of default after receipt

of PG/ SD (DD, BG etc.).

i) Cancellation of APO


iii) Forfeiture of PG/ SD.

However on realization of PG/ SD amount,

EMD, if not already released shall be returned.

(iv) If detection of default after issue of

PO/ WO

i) Termination/ Short Closure of PO/WO and

Cancellation of APO


iii) Forfeiture of PG/ SD.

However on realization of PG/ SD amount,

EMD, if not released shall be returned.

Note 3:- However, settle bills for the material received in correct quantity and quality if

pending items do not affect working or use of supplied items.

Note 4:- No further supplies are to be accepted except that required to make the

already supplied items work.




S.

No.


2 If vendor or his representative uses

violent/ coercive means viz.

Physical / Verbal means to

threatens BSNL Executive /

employees and/ or obstruct him

from functioning in discharge of his

duties & responsibilities for the

following :

Banning of business for 3 years which implies

Barring further dealing with the vendor for

procurement of Goods & Services including

participation in future tenders invited by BSNL for 3

years from date of issue of banning order.

a) Obstructing functioning of

tender opening executives of BSNL

in receipt/ opening of tender bids

from prospective Bidders,

suppliers/ Contractors.

b) Obstructing/ Threatening other

prospective bidders i.e. suppliers/

Contractors from entering the

tender venue and/ or submitting

their tender bid freely.

3 Non-receipt of acceptance of APO/

AWO and SD/ PG by L-1 bidder

within time period specified in APO/

AWO.

Forfeiture of EMD.

4.1 Failure to supply and/ or

Commission the equipment and /or

execution of the work at all even in

extended delivery schedules, if

granted against PO/ WO.

i) Termination of PO/ WO.

ii) Under take purchase/ work at the risk & cost

of defaulting vendor.

iii) Recover the excess charges if incurred from the

PG/ SD and outstanding bills of the defaulting

Vendor.

4.2 Failure to supply and/ or

Commission the equipment and /or

execution of the Work in full even

in extended delivery schedules, if

granted against PO/ WO.

i) Short Closure of PO/ WO to the quantity already

received by and/ or commissioned in BSNL and/ or

in pipeline provided the same is usable and/or the

Vendor promises to make it usable.

ii) Under take purchase/ work for balance quantity

at the risk & cost of defaulting vendor.

iii) Recover the excess charges if incurred from the

PG/ SD and outstanding bills of the defaulting

Vendor.

5.1 The supplied equipment does not

perform satisfactory in the field in

accordance with the specifications

mentioned in the PO/ WO/Contract.

i) If the material is not at all acceptable, then

return the non-acceptable material (or its part) &

recover its cost, if paid, from the o/s bills/ PG/ SD.

OR

ii) If the material is inducted in network & it is not

possible to return it and/ or material is acceptable

with degraded performance, the purchaser may

determine the price for degraded equipment

(Financial penalty = Price – price determined for

degraded equipment) himself and/ or through a

committee.

Undertake recovery of financial penalty from

outstanding dues of vendor including PG/ SD.




S.

No.


A B C

5.2 Major quality problems (as

established by a joint team /

committee of User unit(s) and QA

Circle) / performance problems and

non-rectification of defects (based

on reports of field units and QA

circle).

i) If the material is not at all acceptable, then

return the non-acceptable material (or its part) &

recover its cost, if paid, from the o/s bills/ PG/ SD;

OR

ii) If the material is inducted in network & it is not

possible to return it and/ or material is acceptable

with degraded performance, the purchaser may

determine the price for degraded equipment

(Financial penalty = Price – price determined for

degraded equipment) himself and/ or through a

committee.


outstanding dues of vendor including PG/ SD;

and

iii) Withdrawal of TSEC/ IA issued by QA Circle.

6

Submission of claims to BSNL

against a contract

i) Recovery of over payment from the outstanding

dues of Vendor including EMD/ PG & SD etc. and by

invoking ‘Set off’ clause 21 of Section 5 Part A or

by any other legal tenable manner.

ii) Banning of Business for 3 years from date of

issue of banning order or till the date of recovery of

over payment in full, whichever is later.

(a) for amount already paid by

BSNL .

(b) for Quantity in excess of that

supplied by Vendor to BSNL.

c) for unit rate and/ or amount

higher than that approved by BSNL

for that purchase.

Note 5:- The claims may be submitted with or without collusion of BSNL Executive/

employees.

Note 6:- This penalty will be imposed irrespective of the fact that payment is disbursed

by BSNL or not.

7

Network Security/ Safety/ Privacy:-

If the vendor tampers with the

hardware, software/ firmware or

in any other way that

i) Termination of PO/ WO.

ii) Banning of business for 3 years which implies

barring further dealing with the vendor for




iii) Recovery of any loss incurred on this account

from the Vendor from its PG/ SD/ O/s bills etc.

a) Adversely affects the normal

working of BSNL equipment(s)

and/ or any other TSP through

BSNL.




S.

No.


7

contd

b) Disrupts/ Sabotages

functioning of the BSNL network

equipments such as exchanges,

BTS, BSC/ MSC, Control

equipment including IN etc.,

transmission equipments but

not limited to these elements

and/ or any other TSP through

BSNL.

( Continued from page 178)

iv) Legal action will be initiated by BSNL against

the Vendor if required.

c) Tampers with the billing related

data/ invoicing/ account of the

Customer/ User(s) of BSNL and/

or any other TSP(s).

d) hacks the account of BSNL

Customer for unauthorized use

i.e. to threaten others/ spread

improper news etc.

e) Undertakes any action that

affects/ endangers the security

of India.

8 If the vendor is declared bankrupt

or insolvent or its financial position

has become unsound and in case of

a limited company, if it is wound up

or it is liquidated.

i) Termination/ Short Closure of the PO/ WO.

ii) Settle bills for the quantity received in correct

quantity and quality if pending items do not affect

working or use of supplied items.

iii) No further supplies are to be accepted except

that required to make the already supplied items

work.

iv) In case of turnkey projects, If the material is

commissioned and is usable without any

degradation of performance, then settle bills for the

acceptable equipment/ material (or its part).

v) In case of turnkey projects, if the material is

inducted in network & it is not possible to return it

and/ or material is acceptable with degraded

performance, the purchaser may determine the

price for degraded equipment (Financial penalty =

Price – price determined for degraded equipment)

himself and/ or through a committee. (continues to

page 173)






S.

No.


A B C

9 In the event of the vendor, its

proprietor, Director(s), partner(s)

is / are convicted by a Court of Law

following prosecution for offences

involving moral turpitude in

relation to the business dealings.

i) Termination/ Short Closure of the PO/ WO.

ii) Settle bills for the material received in correct

quantity and quality if pending items do not affect

working or use of supplied items.

iii) No further supplies are to be accepted except

that required to make the already supplied items

work.

iv) In case of turnkey projects, If the material is

commissioned and is usable without any

degradation of performance, then settle bills for the

acceptable equipment/ material (or its part).

v) In case of turnkey projects, If the material is

inducted in network & it is not possible to return it

and/ or material is acceptable with degraded

performance, the purchaser may determine the

price for degraded equipment (Financial penalty =

Price – price determined for degraded equipment)

himself and/ or through a committee.



10

If the vendor does not return/

refuses to return BSNL’s dues:

i) Take action to appoint Arbitrator to adjudicate

the dispute.

a) in spite of order of Arbitrator. i) Termination of contract, if any.




participation in future tenders invited by BSNL from

date of issue of banning order or till the date by

which vendor clears the BSNL’s dues, whichever is

later.

(continues to next page)




S.

No.


A B C

10

con-

td.

iii) Take legal recourse i.e. filing recovery suite in

appropriate court.

b) In spite of Court Orders. i) Termination of contract, if any.




participation in future tenders invited by BSNL from

date of issue of banning order or till the date by

which vendor clears the BSNL’s dues, whichever is

later.

11 If the Central Bureau of

Investigation/ Independent

External Monitor (IEM) / Income

Tax/ Sales Tax/ Excise / Custom

Departments recommends such a

course

Take Action as per the directions of CBI or

concerned department.

12 The following cases may also be

considered for Banning of business:

i) Banning of business for 3 years which implies

Barring further dealing with the vendor for




(a) If there is strong justification

for believing that the proprietor,

manager, MD, Director, partner,

employee or representative of the

vendor/ supplier has been guilty of

malpractices such as bribery,

corruption, fraud, substitution of

tenders, interpolation,

misrepresentation with respect to

the contract in question.

(b) If the vendor/ supplier fails to

execute a contract or fails to

execute it satisfactorily beyond the

provisions of Para 4.1 & 4.2.

(c) If the vendor/ supplier fails to

submit required documents/

information, where required.

(d) Any other ground which in

the opinion of BSNL is just and

proper to order for banning of

business dealing with a vendor/

supplier.

Note 7: The above penalties will be imposed provided it does not clash with the provision of the

respective tender.

Note 8:-In case of clash between these guidelines & provision of invited tender, the provision in

the respective tender shall prevail over these guidelines.

Note 9: Banning of Business dealing order shall not have any effect on the existing/ ongoing

works/ AMC / CAMC which will continue along with settlement of Bills.




SECTION-4 Part B

SPECIAL INSTRUCTIONS TO BIDDERS

The Special Instructions to Bidders shall supplement the 'Instructions to Bidders' and in case of

any conflict with those in Section-4 Part A i.e. GENERAL INSTRUCTIONS TO BIDDERS (GIB), the

provisions herein shall prevail.

1. PRELIMINARY EVALUATION

1.1 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.

1.2 If there is a discrepancy between words and figures, the amount in words shall prevail. If

the supplier does not accept the correction of the errors, its bid shall be rejected.

1.3 Prior to the detailed evaluation pursuant to clause 2, 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.

1.4 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.

1.5 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

affect the relative ranking of any bidder.

2. EVALUATION AND COMPARISON OF SUBSTANTIALLY RESPONSIVE BIDS

2.1 The Purchaser shall evaluate in detail and compare the bids previously determined to be

substantially responsive pursuant to clause 1.

2.2 The financial proposals of only those Bidders, whose techno-commercial proposals have

been determined as substantively responsive, shall be opened.

2.3 Financial evaluation shall be done separately and independently for each zone.

2.4 The financial bid shall be evaluated as per revenue share % (up to two decimal points)

quoted by the Bidder to be paid by BSNL. After evaluation, BSNL shall prepare a list of

Bidders, arranged in increasing order of the quoted revenue share starting from the

lowest (i.e. L1, L2, L3 and so on) for the purpose of awarding work.

3. FINANCIAL PROPOSAL

The Firm shall submit the financial bid as per format in Section 9-Part B.

3.1 The Financial offer should be strictly in the format as at Section 9 (B) and any variation may

render the offer invalid.

3.2 Upper limit of the revenue share that the bidder can quote is 35% of realized revenue (net

of all taxes & levies).

3.3 The revenue share % should be limited to 2 decimal points only. Any figure after 2 decimal

points shall be ignored for all purpose.

3.4 In case of variation between rate mentioned in figures & words, the amount in words shall

prevail.




Section- 4 Part C

E-tendering Instructions to Bidders

General

These Special Instructions (for e-Tendering) supplement ‘Instruction to Bidders’, as enclosed in

Sec 4 Part A of the Tender Documents.

Submission of Bids only through online process is mandatory for this Tender.

For conducting electronic tendering, BSNL Amreli Telecom District is using the portal https://eprocurement.synise.com/bsnl1/gujarat of M/s Synise Technologies Ltd.

1. Tender Bidding Methodology:

Sealed Bid System –‘(number of) Stages –

Using Single/Two Envelopes’,

Followed by ‘e-Reverse Auction’ (if required by Business Unit / Planning cell) after opening of

the Financial bids. In case of two envelope system Financial & Techno-commercial bids shall

be submitted by the bidder at the same time.

2. Broad outline of activities from Bidders prospective:

1. Procure a Digital Signing Certificate (DSC)

2. Register on Electronic Tendering System® (ETS)

3. Create Users and assign roles on ETS

4. View Notice Inviting Tender (NIT) on ETS

5. Download Official Copy of Tender Document from ETS

6. Clarification to Tender Documents on ETS

Query to BSNL (Optional)

View response to queries posted by BSNL, as addenda.

7. Bid-Submission on ETS

8. Attend Public Online Tender Opening Event (TOE) on ETS Opening of Techno-commercial

Part

9. View Post-TOE Clarification posted by BSNL on ETS (Optional) Respond to BSNL’s Post-

TOE queries

10. Attend Public Online Tender Opening Event (TOE) on ETS Opening of Financial-Part

(Only for Technical Responsive Bidders)

11. Participate in e-Reverse Auction on ETS

For participating in this tender online, the following instructions need to be read

carefully. These instructions are supplemented with more detailed guidelines on the

relevant screens of the ETS.

3. Digital Certificates

For integrity of data and its authenticity/ non-repudiation of electronic records, and be

compliant with IT Act 2000, it is necessary for each user to have a Digital Certificate (DC).

also referred to as Digital Signature Certificate (DSC), of Class 2 or above, issued by a

Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer

http://www.cca.gov.in].

4. Registration

To use the Electronic Tender® portal https://eprocurement.synise.com/bsnl1/gujarat vendor needs

to register on the portal. Registration of each organization is to be done by one of its senior

persons who will be the main person coordinating for the e-tendering activities. In ETS

terminology, this person will be referred to as the Super User (SU) of that organization. For

further details, please visit the website/portal,

https://eprocurement.synise.com/bsnl1/gujarat and click on the ‘Supplier Organization’ link

under ‘Registration’ (on the Home Page), and follow further instructions as given on the site.

Pay Annual Registration Fee as applicable.


http://www.cca.gov.in/






Note: After successful submission of Registration details and Annual Registration Fee (as

applicable). Please contact Synise Technologies Ltd Helpdesk (as given below), to get

your registration accepted/activated.

M/s Synise Helpdesk Contact Details

Contact Person: Indrajeet, Ashok

Email: [email protected]

Telephone Nos: +91 020-30277517, 516, 522

Mobile nos.: 7774013248, 7774013247,

[Between 10:00 hrs. to 18:00 hrs. on working days Monday to

Saturday]

BSNL Contact - 1

BSNL's Contact Person Shri R.U.Gohil

Telephone/ Mobile 02792-228128

[between 10:30 hrs. to 17:00 hrs. on working days]

E-mail ID [email protected]

BSNL Contact - 2

BSNL's Contact Person Shri. S.H.Adesara

Telephone/ Mobile 02792-222328

[between 10:30 hrs. to 17:00 hrs. on working days]

E-mail ID [email protected]

5. Bid related Information for this Tender (Sealed Bid)

The entire bid-submission would be online on ETS.

Broad outline of submissions are as follows:

Submission of Bid Security/ Earnest Money Deposit (EMD)

Submission of digitally signed copy of Tender Documents/ Addendum/addenda

Two Envelopes

Techno-commercial -Part

Financial-Part

Each of the above electronic envelopes consists of Main bid and Electronic form (both

mandatory) and bid Annexure (Optional).

NOTE: Bidder must ensure that after following above the status of bid submission must

become- “Complete”

6. Offline Submissions:

The bidder is requested to submit the following documents offline to A.G.M. (PLG), O/o.

T.D.M. Room no.307 Telephone Exchange Bldg. Opp. Nagnath Temple, Amreli-365601 on

or before the date & time of submission of bids specified in covering letter of this tender

document, in a Sealed Envelope. The envelope shall bear (name of the work), the tender

EMD-Bid Security in Original.

1. DD/ Bankers cheque against payment of tender fee.

2. Power of attorney in accordance with clause 14.3 of Section-4 Part A.

3. Integrity Pact.( If applicable)

4. Latest and valid MSE Certificate from MSME for the tendered item (If applicable)

7. Special Note on Security of Bids

Security related functionality has been rigorously implemented in ETS in a multi-

dimensional manner. Starting with 'Acceptance of Registration by the Service Provider',

mailto:[email protected]




provision for security has been made at various stages in Electronic Tender’s software.

Security related aspects as regard Bid Submission are outlined below:

As part of the Electronic Encrypter™ functionality, the contents of both the ‘Electronic

Forms’ and the ‘Main-Bid’ are securely encrypted using a Pass-Phrase created by the

Bidder himself. Unlike a ‘password’, a Pass-Phrase can be a multi-word sentence with

spaces between words (e.g. I love this World). A Pass-Phrase is easier to remember, and

more difficult to break. It is recommended that a separate Pass-Phrase be created for

each Bid-Part. This method of bid-encryption does not have the security and data-

integrity related vulnerabilities which are inherent in e-tendering systems which use

Public-Key of the specified officer of a Buyer organization for bid-encryption. Bid-

encryption in ETS is such that the Bids cannot be decrypted before the Public Online

Tender Opening Event (TOE), even if there is connivance between the concerned tender-

opening officers of the Buyer organization and the personnel of e-tendering service

provider.

Typically, ‘Pass-Phrase’ of the Bid-Part to be opened during a particular Public Online

Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself,

when demanded by the concerned Tender Opening Officers who will open the bid. Else

Tender Opening Officer may authorize the bidder to open his bid himself.

There is an additional protection with SSL Encryption during transit from the client-end

computer of a Supplier organization to the e-tendering server/ portal.

8. Public Online Tender Opening Event (TOE)

ETS offers a unique facility for ‘Public Online Tender Opening Event (TOE)’. Tender

Opening Officers as well as authorized representatives of bidders can attend the Public

Online Tender Opening Event (TOE) from the comfort of their offices. For this purpose,

representatives of bidders (i.e. Supplier organization) dully authorized are requested to

carry a Laptop and Wireless Connectivity to Internet.

Every legal requirement for a transparent and secure ‘Public Online Tender Opening Event

(TOE)’ has been implemented on ETS. As soon as a Bid is decrypted with the

corresponding ‘Pass-Phrase’ as submitted online by the bidder himself (during the TOE

itself), salient points of the Bids are simultaneously made available for downloading by all

participating bidders. The work of taking notes during a manual ‘Tender Opening Event’ is

therefore replaced with this superior and convenient form of ‘Public Online Tender

Opening Event (TOE)’.

ETS has a unique facility of ‘Online Comparison Chart’ which is dynamically updated as

each online bid is opened. The format of the chart is based on inputs provided by the

Buyer for each Tender. The information in the Comparison Chart is based on the data

submitted by the Bidders in electronic forms. A detailed Technical and/ or Financial

Comparison Chart enhance Transparency. Detailed instructions are given on relevant

screens.

ETS has a unique facility of a detailed report titled ‘Minutes of Online Tender Opening

Event (TOE)’ covering all important activities of ‘Online Tender Opening Event (TOE)’. This

is available to all participating bidders for ‘Viewing/ Downloading’.

There are many more facilities and features on ETS. For a particular tender, the screens

viewed by a Supplier will depend upon the options selected by the concerned Buyer.




NOTE: In case of internet related problem at a bidder’s end, especially during ‘critical events’

such as – a short period before bid-submission deadline, during online public tender

opening event, during e-auction, it is the bidder’s responsibility to have backup internet

connections. In case there is a problem at the e-procurement/ e-auction service-

provider’s end (in the server, leased line, etc.) due to which all the bidders face a problem

during critical events, and this is brought to the notice of BSNL by the bidders in time,

then BSNL will promptly re-schedule the affected event(s).

9. Clause Deleted

10. Other Instructions

For further instructions, the vendor should visit the home-page of the portal

https://eprocurement.synise.com/bsnl1/gujarat, and go to the User-Guidance Center

The help information provided through ‘ETS User-Guidance Center’ is available in three

categories – Users intending to Register / First-Time Users, Logged-in users of Buyer

organizations, and Logged-in users of Supplier organizations. Various links are provided

under each of the three categories.

Note: It is strongly recommended that all authorized users of Supplier organizations should

thoroughly peruse the information provided under the relevant links, and take appropriate

action. This will prevent hiccups, and minimize teething problems during the use of ETS.

The following ‘FOUR KEY INSTRUCTIONS for BIDDERS’ must be assiduously adhered to:

1. Obtain individual Digital Signing Certificate (DSC or DC) well in advance of your first

tender submission deadline on ETS.

2. Register your organization on ETS well in advance of your first tender submission

deadline on ETS

3. Get your organization’s concerned executives trained on ETS well in advance of your

first tender submission deadline on ETS

4. Submit your bids well in advance of tender submission deadline on ETS as there could

be last minute problems due to internet timeout, breakdown, etc.

While the first three instructions mentioned above are especially relevant to first-time

users of ETS, the fourth instruction is relevant at all times.

11. Minimum Requirements at Bidders end

Computer System with good configuration (Min P IV, 1 GB RAM, Windows XP)

Broadband connectivity.

Microsoft Internet Explorer 6.0 or above

Digital Certificate(s) for users.

12. Vendors Training Program

One day training (10:00 to 17:00) would be provided. Training is optional. Vendors may please

send their request for training to AGM (PLG) O/o TDM, Amreli 365601 by Email. Vendors are

requested to carry a Laptop and Wireless Connectivity to Internet.

Tentative Dates Date of uploading of Tender document + 7 days

Venue Chamber of AGM (Plg), Room no. 307 3rd floor, Tele.

Exch. Bldg. O/o TDM Amreli 365601

Vendors Training Charges

(Per Participant) per training day

Rs. 5,000/-

(plus Service Tax as applicable)

Mode of Payment of Fees DD drawn in favour of M/s Synise Technologies Ltd.





SECTION-5 Part A

GENERAL (COMMERCIAL) CONDITIONS OF CONTRACT

1. APPLICATION

The general condition shall apply in contracts made by the purchaser for the procurement

of goods.

2. STANDARDS

The goods supplied under this contract shall conform to the standards prescribed in the

Technical Specifications mentioned in section -3.

3. PATENT RIGHTS

The supplier shall indemnify the purchaser against all third-party claims of infringement of

patent, trademark or industrial design rights arising from use of the goods or any part

thereof in Indian Telecom Network.

4. PERFORMANCE SECURITY (Refer clause- 4 of Section-5 Part-B)

5. DELETED

6. DELETED

7. DELETED

8. DELETED

9. DELETED

10. DELETED

11. Payment Terms (Refer clause- 5 of Section-5 Part-B)

12. Not Applicable.

13. CHANGES IN PURCHASE ORDERS

13.1 The purchaser may, at any time, by a written order given to a supplier, make changes

within the general scope of the contract in any one or more of the following:

(a) drawings, designs or specifications, where Goods to be supplied under the contract

are to be specifically manufactured for the Purchaser;

(b) the method of transportation or packing;

(c) the place of delivery; or

(d) the services to be provided by the supplier.

13.2 If any such change causes an increase or decrease in the cost of, or the time required for

the execution of the contract an equitable adjustment shall be made in the contract price

or delivery schedule, or both, and the contract shall accordingly be amended. Any

proposal by the supplier for adjustment under this clause must be made within thirty days

from the date of the receipt of the change in order.




14. Not Applicable.

15. DELETED

16. DELETED

17. FORCE MAJEURE

17.1 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

either party have any claim for damages against other in respect of such non-

performance or delay in performance, and deliveries under the contract shall be resumed

as soon as practicable after such an event come to an end or cease to exist, and the

decision of the Purchaser as to whether the deliveries have been so resumed or not shall

be final and conclusive. Further that if the performance in whole or part of any obligation

under this contract is prevented or delayed by reasons of any such event for a period

exceeding 60 days, either party may, at its option, terminate the contract.

17.2 Provided, also that if the contract is terminated under this clause, the Purchaser shall be

at liberty to take over from the Supplier at a price to be fixed by the purchaser, which

shall be final, all unused, undamaged and acceptable materials, bought out components

and stores in course of manufacture which may be in possession of the Supplier at the

time of such termination or such portion thereof as the purchaser may deem fit, except

such materials, bought out components and stores as the Supplier may with the

concurrence of the purchaser elect to retain.

18. ACTION BY PURCHASER AGAINST BIDDER(S)/ VENDOR(S) IN CASE OF DEFAULT.

18.1 In case of default by Bidder(s)/ Vendor(s) such as

(a) Failure to deliver and/ or commission any or all of the goods within the

time period(s) specified in the contract, or any extension thereof granted by the

purchaser pursuant to clause15 of this section;

(b) Failure to perform any other obligation(s) under the Contract; and

(c) Equipment does not perform satisfactory in the field in accordance with the

specifications;

(d) Or any other default whose complete list is enclosed in Appendix-1 of Section-4,

Part-A;

Purchaser will take action as specified in Appendix-1 of Section-4, Part-A.

19. Clause deleted.

20. ARBITRATION

20.1 Except as otherwise provided elsewhere in the contract, In the event of any question,

disputes, controversy, or difference arising out of or relating to this agreement or the

breach, termination or invalidity thereof between the parties, such party or parties shall

make a request to the other party or parties to amicably settle such differences or

disputes and parties shall thereupon make every effort to settle the same amicably within

a period of 60(sixty) days from the date of making of such request.




Where parties are unable to settle the disputes through conciliation, the same shall be

referred to the authority in CGMT, Gujarat Circle, Amreli for referral of such disputes to the

sole arbitrator (chosen from the names(s) provided by BSNL), to be mutually decided by

the parties, as per the provisions of the Arbitration and Conciliation Act, 1996, any

amendment thereof, and any notification issued or rules made there under from time to

time. 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. The 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 CGMT, Gujarat Circle BSNL Amreli 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.

20.2 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.

20.3 The venue of arbitration shall be office of CGMT, Gujarat Circle BSNL Amreli or such other

places as the arbitrator may be decided.

21. SET OFF

Any sum of money due and payable to the supplier (including security deposit refundable

to him) under this contract may be appropriated by the purchaser or the BSNL or any

other person(s) contracting through the BSNL and set off the same against any claim of

the Purchaser or BSNL or such other person or person(s) for payment of a sum of money

arising out of this contract or under any other contract made by the supplier with the

Purchaser or BSNL or such other person(s) contracting through the BSNL.

22. DELETED

23. DELETED

24. Not applicable

25. COURT JURISDICTION

25.1 Any dispute arising out of the tender/ bid document/ evaluation of bids/ issue of APO shall

be subject to the jurisdiction of the competent court at the place from where the NIT/

tender has been issued.

25.2 Where a contractor has not agreed to arbitration, the dispute/ claims arising out of the

Contract/ PO entered with him shall be subject to the jurisdiction of the competent Court

at the place from where Contract/ PO has been issued. Accordingly, a stipulation shall be

made in the contract as under.

“This Contract/ PO is subject to jurisdiction of Court at Amreli only”.

Note: - Mandatory Licensing requirements with regards to security related concerns

issued by the Government of India from time-to-time shall be strictly followed and

appropriate clauses shall be added in all bid documents. Necessary guidelines in this

regard shall be issued separately.




SECTION –5 Part B

SPECIAL (COMMERCIAL) CONDITIONS OF CONTRACT (SCC)

The Special (Commercial) Conditions of Contract (SCC)shall supplement General (Commercial)

Conditions of Contract (GCC)) as contained in Section 5 Part A and wherever there is a conflict,

the provisions herein shall prevail over those in Section 5 Part A i.e. General (Commercial)

Conditions of Contract (GCC)

1. Work Day & Working Hours:

1.1 Work day- All seven days of a week (including Sunday) would be considered as Work

day, all days of the year including National Holidays would be considered as work day.

1.2 Work Hours: The normal work hours of the field personnel of the Bidder shall be 10 AM

to 8 PM. However Help Desk work hour shall be from 8:00 AM to 10 PM.

2. SLA & Penalty:

2.1 Service Maintenance :

2.1.1 Landline /Broadband Faults are booked in BSNL IT system. A docket of

Fault is generated in the BSNL IT System mentioning the time of Booking

etc. All the faults booked in BSNL IT system shall be made over to Bidder.

2.1.2 Bidder shall contact the customer immediately. For this purpose Bidder

shall Provide Help Desk facility on 365 day basis (including on Sundays and

holidays) from 8 A.M. to 10 P.M. at his own premises. The response cum

rectification time shall be as per prevailing TRAI benchmark at that

time.

2.1.3 BSNL shall provide access to BSNL IT System and also extend telecom

facilities to Help Desk (if it is in BSNL licensed area) for in-bound/out bound

calling on cost basis. On net voice calls shall be free on such facility.

2.1.4 The Bidder shall take actions on the fault and within the prescribed time,

send the report to BSNL through BSNL IT System or an email address in

case BSNL IT system is not working, otherwise penalty shall be applied as

prescribed.

2.1.5 In those cases when the non-working of Landline / Broadband connection is

attributable to BSNL, the same shall be made over to BSNL by the bidder

with comments.

2.1.6 In case of visit by Bidder’s field personnel at BSNL subscriber premises, a

service report / slip shall be filled by the person and verified by the

customer. The counterfoil or original report shall be with the Bidder which

can be asked by BSNL if required during inspection of the bidder’s office.

This slip shall not be required for payment claim.

2.1.7 In order to arrive at fault clearance duration / % / MTTR (mean time to

repair) faults cleared within time as above, the time of closure of faults in

BSNL IT system is the reference. Bidder shall interact with the BSNL final

testing position and BSNL official shall clear the fault in BSNL IT system

after testing.

2.1.8 The Bidder shall not take money on behalf of BSNL from the customers on

any pretext. If any complaint is received, it shall be viewed seriously and

might result in termination of the contract if the veracity of the same is

established.

2.2 SLA shall be defined for provision & fault restoration as per TRAI parameters/ benchmarks

as amended from time to time. The presently applicable benchmarks are given as under.




(A) QoS PARAMETERS for LL Provisioning & maintenance as per TRAI

No Parameters Present Benchmarks

1 Service Provisioning / Activation Time

1.1 %age of connections provided within 07 days of

registration of demands

100%

2 Fault repair / Restoration time

2.2 %age of faults repaired by next working day >85%

2.3 %age of faults repaired within 5 working day 100%

(B) QoS PARAMETERS for Broadband Provisioning & BB maintenance as per TRAI

No Parameters Present Benchmarks

1 Service Provisioning / Activation Time

1.1 %age of connections provided within 7 days of issue

of O.B.

100%

2 Fault repair / Restoration time

2.2 %age of faults repaired by next working day >90%

2.3 %age of faults repaired within 3 working day 100%

Note: The list is only indicative and may change from time to time as directed by

Licensor/TRAI/Controlling Ministry.

2.3 Rollout target:

2.3.1. The minimum gross Land line base that the Bidder has to acquire on is as below.

Sr.

No.

Period Rollout Target

1 Upto 3 Months from the signing of agreement Initial Rollout period

2 Working connections at the end of Fourth

Month

10% of Anticipated Demand

3 Working connections at the end of Fifth

Month


4 Working connections at the end of Sixth

Month


5 Working connections at the end of Seventh

Month


6 Working connections at the end of One year Additional 20 % of Anticipated

Demand

7 Working connections at the end of Second

year

Additional 30% of Anticipated

Demand

8 Working connections at the end of Third year Additional 50% of Anticipated

Demand

2.3.2. Penalties as below shall be levied in case of failure to acquire predetermined number of

customers.

2.4 Penalty: In case of not meeting the SLA, penalty shall be applied as under and upper

limit of penalty should be 25% of outsourced partner’s monthly payment.




2.4.1 Penalties against Delay in Roll out: Penalties shall be levied outsourced partner for

non-achievement of Net physical target. The penalties shall be calculated by the nodal

officer on at the end of respective month as under.

Penalty of Rs. 20 per shortfall connection for the month shall be levied from outsourced

partner for Non-achievement of Net physical target i.e. working connections at the end of

month.

If the outsourced partner is not able to compete initial roll out and start giving connection

within six months of signing of Agreement or meet the above monthly / yearly target for

consecutive 3 years then BSNL reserves the right to terminate the contract and forfeit the

full performance Bank Guarantee.

2.4.2 Penalties against delays in provisioning

Target Parameter: Services to the customers shall be provisioned as per QOS parameter

mentioned above which may be changed as per the direction of DOT/ TRAI.

Penalty: Delay beyond 7 days for landline / broadband provisioning will invite penalty at

the rate of Rs. 20/- per line per day. For calculating delay time shall start from the day

after issue of O.B.

2.4.3 Penalties against service failures / delays in fault restoration:

The following penalties shall be levied on the outsourced partner for delay in failure/

disruption of the services offered and also delay in fault restoration. These penalties shall

be applicable only if the delay, failure / disruption is due to the fault within the Project

premises which is under O&M scope of outsourced partner. Outsourced partner shall not

be penalized if the failure is due to external plant, cable cut, etc. in BSNL portion. The

penalties shall be calculated by the designated BSNL office on a monthly basis.

(i) Penalties for Delay in Restoration for individual Line Faults

Sl. No. Parameter Penalty Amount

1 Faults Clearance:

Within 24 Hrs. after making over the fault to

outsourced partner by BSNL.

Delay beyond this will invite penalty of

Rs. 20 per line per day or fraction

thereof.

(ii) Penalty for delay in restoration of leased line fault

Sl. No. Parameter Penalty

Amount

Remark

1 Leased line Faults

Clearance:

With-in 6 Hrs. of made

over of fault to

outsourced partner by

BSNL.

Delay beyond

this will invite

penalty of Rs.

200 per line per

day.

Faults made over to outsourced

partner by BSNL after 16:00 Hrs.

would be treated as made-over on

next working day at 8:00 AM, for the

purpose of effecting penalties.

(Though outsourced partner shall

make every attempt to attend the

faults as soon as they come to the

knowledge of outsourced partner.)

2.4.4 Reasons beyond the control of outsourced partner such as customer premises closed etc.

shall be given due consideration while imposing penalties.




2.4.5 BSNL shall make reasonable efforts in maintaining the Network and service for full

availability. However, the malfunctioning, partial functioning, delay in fault restoration or

non-working of the BSNL owned systems or network elements, like BB Network,

Constraints related to International Bandwidth, BB NOC, NMS etc., shall not be claimed

for any compensation whatsoever from BSNL& also shall be duly factored in/taken care

while imposing penalty on bidder.

3.0 Commencement of work

3.1 After the signing of the contract, Bidder shall commence the activity in its scope and

make the area feasible within the roll out period and provide connections to customer

after making area feasible. Towards this, Bidder shall arrange

i. The bidder shall submit the details of all the field staff of the Bidder along with their photo

& identity certificates. It shall also be the responsibility of bidder to intimate the BSNL

office about any personnel joining / quitting his firm.

ii. The Bidder shall establish a help desk at his own premises.

iii. After making area feasible (at the start of contract and within allowed time period) vendor

has to maintain QOS as per TRAI para meter.

4.0 Additional Penalties:

Following penalties in addition to penalties for provisioning and maintenance as

mentioned in clause 2 shall also be applied:

4.1 Any penalty imposed by TRAI / DoT for not meeting the Quality of Service (QoS)

parameters (parameters related to provisioning and fault restoration) on

broadband/Landline service shall also be additionally deducted from net payable amount

to bidder.

4.2 BSNL reserves the right to black list a bidder for a suitable period in case he/she fails to

honor his/her bid without sufficient grounds.

5. Revenue share & Payment terms:

5.1 BSNL shall collect the revenue from subscribers through various payment channels of

BSNL.

5.2 Landline / broadband connections provided by outsourced partner shall be identified

separately and revenue from such numbers shall be applicable for revenue sharing.

5.3 BSNL shall not pay any revenue share out of security deposit and revenue generated out

of outright sale of modem & CLIP telephone instrument from the customers.

5.4 Revenue share payment shall be done by BSNL to outsourced partner on a monthly basis

on realized amount on the landline / Broadband connections provisioned and maintained

by outsourced partner.

5.5 All applicable taxes and various Government levies, License fee (if any) shall be deducted

first from the revenues realized on account of services availed over cable network laid by

the outsourced partner by the customers.

5.6 For leased line and other value added services (VAS, which are being offered by BSNL in

partnership with other VAS providers) extended over cable network laid by the outsourced

partner, 20% of its applicable share of revenue for Voice and BB services (net of all

statutory Taxes & levies like License Fee, Service Tax etc.) shall be provided to

outsourced partner in the corresponding Year. For example, suppose outsourced partner's

revenue share is 30%, then his revenue share for the leased line VAS will be 20% of 30%

i.e., 6%. In case outsourced partners revenue share is 25%, then his revenue share for

leased line VAS will be 20% of 25% i.e., 5%.

5.7 Rebates and compensation given by courts due to service deficiency, if any. to the

customers shall be deducted from the gross revenue before the Revenue Share of

outsourced partner is calculated.

5.8 Any discrepancy found in the revenue share settlement shall be mutually discussed and




resolved. Balance of payments arising due to any reason shall be adjusted in future. In

case of bill cancellation (due to wrong billing etc.) later, any excess revenue share paid IO

outsourced partner shall be adjusted accordingly on quarterly basis.

6.0 Duration of Agreement:

6.1 Duration of contract shall be 7 years from the date of award of work. After 7 years

also, the contract can be extended on year to year basis at the liberty of BSNL on

mutually negotiated terms and conditions including commercials.

6.2 BSNL reserves the right to terminate the agreement, at any time, due to change in

its own license conditions or upon directions from the DOT/ Government of India.

In such a situation, BSNL shall not be responsible for any damage or loss caused

or arisen out of aforesaid action.

6.3 BSNL and successful Bidder shall sign non-disclosure agreement, for the

confidentiality of BSNL’s network and customers and other related information.

7.0 PERFORMANCE SECURITY

7.1 Successful Bidders shall furnish a Performance Bank Guarantee (PBG) to the

purchaser for an amount equal to 5% of the total payable amount of seven years

for the work to be awarded with an initial validity period of minimum 3.5 years

within 14 days from the date of issue of Advance Purchase Order by the purchaser.

The PBG shall be extended for 4 years beyond 3.5 years well in time. The

performance security Bond shall be in the form of Bank Guarantee issued by a

scheduled Bank and in the form provided in section 7 (B) of this Bid Document.

7.2 Performance guarantee shall be initially valid for a minimum period of 3.5 years.

Extendable by 4 years beyond 3.5 years. For extension of contract beyond 7 years,

PBG shall have to be renewed accordingly.

7.3 The proceeds of Performance Bank guarantee shall be payable to BSNL as

compensation for any loss resulting from the Bidder’s failure to compete its

obligation under the contract. BSNL shall en-cash the PBG in the event of breach

or failure to perform/meet the obligations on the part of Bidder/Lead Bidder

without prejudice any rights/remedies available to BSNL.

7.4 The Bidder shall ensure that performance bank guarantee (PBG) is send to the

BSNL directly by the issuing bank under Registered Post (A.D). In exceptional

circumstances where the PBG is submitted by the Bidder to the BSNL, the Bidder

shall ensure that an unstamped duplicate copy of the PBG is sent immediately by

the bank direct to BSNL by Registered Post (A.D).

7.5 The performance security will be discharged by the Purchaser after completion of

his performance obligations under the contract.

8. Exit Clause:

8.1 In case either party decides to terminate the agreement during the concurrency of the

contract period, minimum 3 month notice shall be given and the complete

documents/records and inventory supplied by BSNL, will be handed over to BSNL by the

Bidder.

8.2 Contract shall have a lock-in period of three (3) years, starting from date of award of

work. In case bidder exits before 3 years, then it shall carry a penalty in the form of

surrender of all equipments, accessories including MDF, pillar, Runways, Pipes, support

structures, cables, wiring, Ethernet cable etc. and transfer of ownership to BSNL at zero

cost and also forfeiture of PBG. In case of exit after lock-in period of 3 years, PBG shall

not be forfeited but ownership of such assets of outsourced partner shall be transferred to

BSNL at zero cost. Thus asset once laid shall be in either of the case made over to BSNL.




8.3 In such case during the notice period all the terms & conditions will be enforceable and

approved rates shall be paid as per the agreement.

8.4 BSNL reserves the right to terminate the agreement, at any time, due to change in its

own license conditions or upon directions from the DOT/ Government of India. In such a

situation, BSNL shall not be responsible for any damage or loss caused or arisen out of

aforesaid action.

8.5 On termination or expiry of the Agreement, the BG shall be released to Bidder only after

ensuring clearance of dues, if any, which Bidder is liable to pay to BSNL. In case of failure

of Bidder to pay the amounts due to BSNL, the outstanding amounts shall be realized

through encashment of the Bank Guarantee without prejudice to any other action(s) for

recovery of the amounts due to BSNL

8.6 No penalty / damages / compensation shall be payable by either party before expiry of

agreement period, if exit is made under the following circumstances:

a. The order of any Government (Central/State) or any statutory body

b. In Force Majeure event

8.7 Notwithstanding any other rights and remedies provided elsewhere in the agreement,

upon termination of this agreement:

i. Neither Party shall represent the Other Party in any of its dealings.

ii. Neither Party shall intentionally nor otherwise commit any act(s) as shall make a

third party to believe that the other Party is still the former Party’s partner.

iii. Each party shall stop using the other Party’s name, trade mark, etc., in any audio

or visual form.

iv. Transfer of ownership of assets to BSNL at zero cost

9. Compliance of Labour Laws etc.

The Bidder shall comply with all statutory / legal liabilities towards all the personnel either

employed by itself or in the rolls of its sub-vendors, who have been deployed for execution

of various works against this project, which may arise due to various labour and other laws

as specified by central/state from time to time. Further the engagement and employment of

any personnel and payment of wages to them as per the existing provisions of various

labour laws and regulations is the sole responsibility of the bidder and any breach of such

laws or regulation shall be deemed to be breach of this Agreement.




SECTION-6

UNDERTAKING & DECLARATION

6(A) - For understanding the terms & condition of Tender & Spec. of work

a) Certified that:

1. I/ We ……………………………………. have read, understood and agree with all the terms

and conditions, specifications included in the tender documents & offer to execute

the work at the rates quoted by us in the tender form.

2. If I/ We fail to enter into the agreement & commence the work in time, the EMD/

SD deposited by us will stand forfeited to the BSNL.

b) The tenderer hereby covenants and declares that:

1. All the information, Documents, Photo copies of the Documents/ Certificates

enclosed along with the Tender offer are correct.

2. If anything is found false and/or incorrect and/or reveals any suppression of fact at

any time, BSNL reserves the right to debar our tender offer/ cancel the LOA/

Purchase/ work order if issued and forfeit the EMD/ SD/ Bill amount pending with

BSNL. In addition, BSNL may debar the contractor from participation in its future

tenders.

c) Declaration regarding firm has not blacklisted:

I,……………………………………………………….……S/o………………………………………

r/o…………………………………………………..…… hereby certify that we are not under any penal

action of Blacklisting and / or barred from participating in EOI by any BSNL unit or any

other Govt. / Semi Govt. / Autonomous body / PSU. In case at any stage, it is found that

the information given by me is false/ incorrect, BSNL shall have the absolute right to take

any action as deemed fit/without any prior intimation to me

d) Clause by Clause Compliance

It is to certify that the tender document is carefully read & understood and all the sections

and clauses are complied unconditionally & unequivocally. There is no deviation from the

terms & conditions of the tender.

Date:

Signature of Tenderer

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

Along with date & Seal




6 (B) – NEAR-RELATIONSHIP CERTIFICATE:

(Format of the Certificate to be given as per the clause 34.4 of Section-4 Part-A by the bidder in

respect of status of employment of his/ her near relation in BSNL)

The format of the certificate to be given is "I…………..s/o…….……r/o……………..hereby certify that

none of my relative(s) as defined in the tender document is/are employed in BSNL unit as per

details given in tender document. In case at any stage, it is found that the information given by

me is false/ incorrect, BSNL shall have the absolute right to take any action as deemed

fit/without any prior intimation to me."

Signature of the tenderer

With date and seal




SECTION- 7

PROFORMAS

7(A) For the BIDSECURITY/ EMD Guarantee

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

Sub: Bid Security/EMD guarantee.

Whereas M/s …………………………… R/o ……………… ………… ………………………………………

(Hereafter referred to as Bidder) has approached us for giving Bank Guarantee of

Rs. ……………………/- (hereafter known as the “B. G. Amount”) valid up to …../……/ 20….. (hereafter

known as the “Validity date”) in favour of AO (Cash) O/O TDM,, Amreli and payable at Amreli

(Hereafter referred to as BSNL) for participation in the tender of work

of …………………………………………….. vide tender no. ………………………………….

Now at the request of the Bidder, We ………………………………………

Bank …………………………Branch having ………………………………………… ………. .…………………………………….

(Address) and Regd. office address

as ……… ………...……………………………………………………………………… ……… ……… …………… (Hereinafter

called ‘the Bank”) agrees to give this guarantee as hereinafter contained:

2. We the Bank do hereby undertake to pay the amounts due and payable under this

guarantee without any demur, merely on a demand from the BSNL stating that the amount

claimed is due by way of loss or damage caused to or would be caused to or suffered by

the BSNL by reason of breach by the said bidder(s) of any of terms or conditions contained

in the said Agreement or by reason of the bidder (s) failure to perform the said Agreement.

Any such demand made on the bank shall be conclusive as regards the amount due and

payable by the Bank under this guarantee where the decision of the BSNL in these counts

shall be final and binding on the bank. However, our liability under this guarantee shall be

restricted to an amount not exceeding the “B. G. Amount”.

3. We undertake to pay to the BSNL any money so demanded notwithstanding any dispute or

disputes raised by the bidder(s) in any suit or proceeding before any court or tribunal

relating thereto our liability under this present being absolute and unequivocal. The

Payment so made by us under this bond shall be valid discharge of our liability for payment

there under and the bidder(s) shall have no claim against us for making such payment.

4. We the Bank further agree that the guarantee herein contained shall remain in full force

and effect during the period that would be taken for the performance of the said agreement

and that it shall continue to be enforceable till all the dues of the BSNL under or by virtue

of the said Agreement have been fully paid and its claims satisfied or discharged or till

BSNL Certifies that the terms and conditions of the said Agreement have been fully and

properly carried out by the said bidder(s) and accordingly discharge this guarantee. Unless

a demand or claim under this guarantee is made on us in writing or before the expiry of

Validity date from the date hereof, we shall be discharged from all liability under this

guarantee thereafter.

5. We the Bank further agree with the BSNL that the BSNL shall have the fullest liberty

without our consent and without affecting in any manner our obligations hereunder to vary

any of the terms and conditions of the said Agreement or to extend time of performance by

the said bidder(s) from time to time or to postpone for any time or from time to time any of

the powers exercisable by the BSNL against the said bidder(s) and to forbear or enforce

any of the terms and conditions relating to the said agreement and we shall not be relieved

from our liability by reason of any such variation, or extension being granted to the said




Bidder(s) or for any forbearance, act or omission on the part of the BSNL or any indulgence

by the BSNL to the said bidder(s) or by any such matter or thing whatsoever which under

the law relating to sureties would, but for this provision, have effect of so relieving us.

6. Notwithstanding anything herein contained ;

(a) The liability of the Bank under this guarantee is restricted to the “B. G. Amount” and

it will remain in force up to its Validity date specified above.

(b) The guarantee shall stand completely discharged and all rights of the BSNL under this

Guarantee shall be extinguished if no claim or demand is made on us in writing on or

before its validity date.

7. In case BSNL demands for any money under this bank guarantee, the same shall be paid

through banker’s Cheque in favour of “AO (Cash) O/O TDM,, Amreli and payable at Amreli 8. The Bank guarantees that the below mentioned officer who have signed it on behalf of the

Bank have authority to give this guarantee under its delegated power.

Place: ……………………………

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

Rubber stamp of the bank

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

Name of the Bank officer: ……………………………..

Designation: ……………………………………

Complete Postal address of Bank: ……………………

………………………………………………………………

Telephone Numbers ……………………………..

Fax numbers ………………………………




7(B) For the Performance Guarantee

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

Dated:……………..

Sub: Performance guarantee.

Whereas Telecom, District Manager Amreli Telecom District Amreli

R/o …………………………..………… ………………… (hereafter referred to as BSNL) has issued an APO

no. …………..………. Dated ……/……/20….. awarding the work

of …………… …… … ………………………………….. to M/s …………………..……………………………

R/o ………………………………………………………………… (Hereafter referred to as “Bidder”) and BSNL has

asked him to submit a performance guarantee in favour of AO (Cash) O/o TDM, Amreli of

Rs. …………..……/- (hereafter referred to as “P.G. Amount”) valid up to ……/……/20……… (hereafter

referred to as “Validity Date”)

Now at the request of the Bidder, We ………………………………………

Bank …………………………Branch having ……………………..…………………… ………. .…………………………………….

(Address) and Regd. office address

as ……… ………...……………………………………………………………………… ……… ……… …………… (Hereinafter

called ‘the Bank”) agreed to give this guarantee as hereinafter contained:

2. We, “the Bank” do hereby undertake and assure to the BSNL that if in the opinion of the

BSNL, the Bidder has in any way failed to observe or perform the terms and conditions of

the said agreement or has committed any breach of its obligations there-under, the Bank

shall on demand and without any objection or demur pay to the BSNL the said sum

limited to P.G. Amount or such lesser amount as BSNL may demand without requiring

BSNL to have recourse to any legal remedy that may be available to it to compel the

Bank to pay the same.

3. Any such demand from the BSNL shall be conclusive as regards the liability of Bidder to

pay to BSNL or as regards the amount payable by the Bank under this guarantee. The

Bank shall not be entitled to withhold payment on the ground that the Bidder had

disputed its liability to pay or has disputed the quantum of the amount or that any

arbitration proceeding or legal proceeding is pending between Bidder and BSNL regarding

the claim.

4. We, the Bank further agree that the guarantee shall come into force from the date of its

issue and shall remain in full force and effect up to its Validity date.

5. The Bank further agrees that the BSNL shall have the fullest liberty without the consent of

the Bank and without affecting in any way the obligations hereunder to vary any of the

terms and conditions of the said agreement or to extend the time for performance of the

said agreement from any of the powers exercisable by BSNL against the Bidder and to

forebear to enforce any of the terms and conditions relating to the said agreement and

the Bank shall not be relieved from its liability by reason of such failure or extension being

granted to Bidder or through any forbearance, act or omission on the part of BSNL or any

indulgence by BSNL to Bidder or any other matter or thing whatsoever which under the

law relating to sureties would but for this provision have the effect of relieving or

discharging the guarantor.

6. Notwithstanding anything herein contained ;

(a) The liability of the Bank under this guarantee is restricted to the P.G. Amount and

it will remain in force up to its Validity date.




(b) The guarantee shall stand completely discharged and all rights of the BSNL under

this Guarantee shall be extinguished if no claim or demand is made on us in

writing on or before its validity date.

7. In case BSNL demands for any money under this bank guarantee, the same shall be paid

through banker’s Cheque in favour of “AO (Cash) O/o TDM AMRELI” payable at Amreli.

8. The Bank guarantees that the below mentioned officer who have signed it on behalf of the

Bank have authority to give this guarantee under its delegated power.

Place:

Date: (Signature of the Bank Officer)

Rubber stamp of the bank

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

Name of the Bank officer: ……………………………..

Designation: ……………………………………

Complete Postal address of Bank: ……………………

………………………………………………………………

Telephone Numbers ……………………………..

Fax numbers ………………………………




7 (C) For Letter of Authorization for attending Bid Opening Event.

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

Subject: Authorization for attending Bid opening

I/ We Mr. /Ms. …………………………………….. have submitted our bid for the tender

no. ………………………….……… in respect of …………………… ………………………………………………………….. (Item

of work) which is due to open on …………………. (Date) in the Meeting Room,

O/o ………………………………………………………………………………….

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

whose signatures are attested below, to attend the bid opening for the tender mentioned above

on our behalf.

…………………………………….

Signature of the Representative

………………………………… Signature of Bidder/ Officer authorized to sign

Name of the Representative on behalf of the Bidder

…………………………………….

Signature of the alternative Representative

…………………………………………..

Name of the alternative Representative

Above Signatures Attested

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

2. Permission for entry to the hall where bids are opened may be refused in case

authorization as prescribed above is not received.




7 (D) FORMAT OF NON DISCLOSURE AGREEMENT (NDA)

This Agreement is made as of the ------------- 2016 between ----------------------(BSNL)a

Government of India Enterprise, having its office at---------------------------- which expression

shall unless repugnant to the subject or the context mean and included its successors, nominees

or assigns and M/s ------------------ --------------------------------------------------------------------

---------- a company incorporated under the Indian Companies Act, 1956/2013, and having its

registered office at ---------------------------------------------------------------------------------------

--- herein after called “----------------------” which expression shall unless repugnant to the

subject or the context mean and include its successors, nominees or assigns.

Whereas in order to pursue the mutual business purpose of this particular project as specified in

Exhibit A (the “Business Purpose”), BSNL and M/s------------------------------------------------

---------------------------------------------- recognize that there is a need to disclose to one

another certain information, as defined in para 1 below, of each party to be used only for the

Business Purpose and to protect such confidential information from unauthorized use and

disclosure.

In consideration of the other party’s disclosure of such information, each party agrees as follows:

1. This Agreement will apply to all confidential and proprietary information disclosed by one

party to the other party, including information listed in Exhibit A attached hereto and

other information which the disclosing party identifies in writing or otherwise as

confidential before or within thirty days after disclosure to the receiving party

(“Confidential Information”). Information consists of certain specifications, designs, plans,

drawings, software, prototypes and/or technical information, and all copies and

derivatives containing such Information, that may be disclosed to one another for and

during the Purpose, which a party considers proprietary or confidential (“Information”).

Information may be in any form or medium, tangible or intangible, and may be

communicated/disclosed in writing, orally, or through visual observation or by any other

means to one party (hereinafter referred to as the receiving party) by the other party

(hereinafter referred to as one disclosing party). Information shall be subject to this

Agreement, if it is in tangible form, only if clearly marked as proprietary or confidential as

the case may be, when disclosed to the receiving party or, if not in tangible form, its

proprietary nature must first be announced, and it must be reduced to writing and

furnished to the receiving party within thirty (30) days of the initial disclosure.

2. M/s ----------------------------------------------------------------------------------------- and

BSNL hereby agreed at during the Confidentiality Period:

a) The receiving party shall use Information only for the Purpose, shall hold Information in

confidence using the same degree of care as it normally exercises to protect its own

proprietary information, but not less than reasonable care, taking into account the

nature of the Information, and shall grant access to Information only to its employees

who have a need to know, but only to the extent necessary to carry out the business

purpose of this project as defined in exhibit A, shall cause its employees to comply

with the provisions of this Agreement applicable to the receiving party, shall

reproduce Information only to the extent essential to fulfilling the Purpose, and shall

prevent disclosure of Information to third parties. The receiving party may, however,

disclose the Information to its consultants and contractors with a need to know;

provided that by doing so, the receiving party agrees to bind those consultants and

contractors to terms at least as restrictive as those stated herein, advise them of their

obligations, and indemnify the disclosing party for any breach of those obligations.

b) Upon the disclosing party's request, the receiving party shall either return to the

disclosing party all Information or shall certify to the disclosing party that all media

containing Information have been destroyed. Provided, however, that an archival

copy of the Information may be retained in the files of the receiving party's counsel,

solely for the purpose of proving the contents of the Information.

3. The foregoing restrictions on each party's use or disclosure of Information shall not apply to

Information that the receiving party can demonstrate:




a) Was independently developed by or for the receiving party without reference to the

Information, or was received without restrictions; or

b) Has become generally available to the public without breach of confidentiality

obligations of the receiving party; or

c) Was in the receiving party's possession without restriction or was known by the

receiving party without restriction at the time of disclosure; or

d) is the subject of a subpoena or other legal or administrative demand for disclosure;

provided, however, that the receiving party has given the disclosing party prompt

notice of such demand for disclosure and the receiving party reasonably cooperates

with the disclosing party's efforts to secure an appropriate protective order; or

e) is disclosed with the prior consent of the disclosing party; or

f) was in its possession or known to it by being in its use or being recorded in its

files or computers or other recording media prior to receipt from the disclosing party

and was not previously acquired by the receiving party from the disclosing party

under an obligation of confidence; or

g) the receiving party obtains or has available from a source other than the

disclosing party without breach by the receiving party or such source of any

obligation of confidentiality or non-use towards the disclosing party.

4. Each party agrees not to remove any of the other party’s Confidential Information from the

premises of the disclosing party without the disclosing party’s prior written approval. Each

party agrees to exercise extreme care in protecting the confidentiality of any Confidential

Information which is removed, only with the disclosing party’s prior written approval, from

the disclosing party’s premises. Each party agrees to comply with any and all terms and

conditions the disclosing party may impose upon any such approved removal, such as

conditions that the removed Confidential Information and all copies must be returned by a

certain date, and that no copies are to be make off of the premises.

5. Upon the disclosing party’s request, the receiving party will promptly return to the disclosing

party all tangible items containing or consisting of the disclosing party’s Confidential

Information all copies thereof.

6. Each party recognizes and agrees that all of the disclosing party’s Confidential Information is

owned solely by the disclosing party (or its licensors) and that the unauthorized disclosure or

use of such Confidential Information would cause irreparable harm and significant injury, the

degree of which may be difficult to ascertain. Accordingly, each party agrees that the

disclosing party will have the right to obtain an immediate injunction enjoining any breach of

this Agreement, as well as the right to pursue any and all other rights and remedies available

at law or in equity for such a breach.

7. Access to Information hereunder shall not preclude an individual who has seen such

Information for the purposes of this Agreement from working on future projects for the

receiving party which relate to similar subject matters, provided that such individual does

not make reference to the Information and does not copy the substance of the Information

during the Confidentiality Period. Furthermore, nothing contained herein shall be construed

as imposing any restriction on the receiving party's disclosure or use of any general

learning, skills or know-how developed by the receiving party's personnel under this

Agreement, if such disclosure and use would be regarded by a person of ordinary skill in

the relevant area as not constituting a disclosure or use of the Information.

8. As between the parties, all Information shall remain the property of the disclosing party. By

disclosing Information or executing this Agreement, the disclosing party does not grant any

license, explicitly or implicitly, under any trademark, patent, copyright, mask work

protection right, trade secret or any other intellectual property right. THE DISCLOSING

PARTY DISCLAIMS ALL WARRANTIES REGARDING THE INFORMATION, INCLUDING ALL

WARRANTIES WITH RESPECT TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS

AND ALL WARRANTIES AS TO THE ACCURACY OR UTILITY OF SUCH INFORMATION.

Execution of this Agreement and the disclosure of Information pursuant to this Agreement

does not constitute or imply any commitment, promise, or inducement by either party to

make any purchase or sale, or to enter into any additional agreement of any kind.




9. Either party’s failure to enforce any provision, right or remedy under this agreement shall

not constitute a waiver of such provision, right or remedy.

10. This Agreement will be construed in, interpreted and applied in accordance with the laws of

India.

11. That in case of any dispute or differences, breach & violation relating to the terms of the

Agreement. The said matter or dispute, difference shall be referred to sole arbitration of

CGMT, Gujarat Circle BSNL Amreli of BSNL or any other person appointed by him. That the

award of the arbitrator shall be final and binding on both the parties. In the event of such

Arbitrator to whom the matter is originally referred to is being transferred or vacates his

office on resignation or otherwise or refuses to do work or neglecting his work or being

unable to act as Arbitrator for any reasons whatsoever, the CGMT, Gujarat Circle BSNL

Amreli shall appoint another person to act as Arbitrator in place of outgoing Arbitrator and

the person so appointed shall be entitled to proceed further with the reference from the

stage at which it was left by his predecessor. M/s -----------------------------------------------

----------------------------------------- will have no Objection in any such appointment, that

arbitrator so appointed is employee of BSNL. The said Arbitrator shall act under the

Provisions of the Arbitration and conciliation Act, 1996 or any statutory modifications or re-

enactment there of or any rules made thereof.

12. This Agreement and Exhibit A attached hereto constitutes the entire agreement of the parties

with respect to the parties' respective obligations in connection with Information disclosed

hereunder and supersedes all prior oral and written agreements and discussions with

respect thereto. The parties can amend or modify this Agreement only by a writing duly

executed by their respective authorized representatives. Neither party shall assign this

Agreement without first securing the other party's written consent.

13. This Agreement will remain in effect for five years from the date of the last disclosure of

Confidential Information, at which time it will terminate, unless extended by the disclosing party

in writing.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly

authorized officers or representatives.

M/s ___________________ BHARAT SANCHAR NIGAM IMITED

Signature:_____________ Signature:____________

Printed Name: _________ Printed Name:___________

Title:________________ Title:________________________




Exhibit A to NDA

1. Business Purpose: Outsourcing Deployment, Provision and Maintenance of Wire line

Landline & Broadband Connections. Payment shall be on Revenue Share basis.

2. Confidential Information of M/s………………………………………………………………..

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

3. Confidential information of Bharat Sanchar Nigam Limited (BSNL):

All information shared in oral or in written form by BSNL with M/s …………………………

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

Number of subscriptions, consumption pattern etc.

M/s -------------------------------------------------------

Signed




SECTION- 8

Bidder’s profile & Questionnaire.

Tenderer / Bidder’s Profile & Questionnaire

(To be filled in and submitted by the bidder)

A) Tenderer’s Profile

1. Name of the Individual/ Firm: ………………………………………………

2. Present Correspondence Address …………………………..………………

…………..…………………………………………………………………………

…………………………..…………………………………………………………

Telephone No. …………………………….. Mobile No. ………………………... FAX

No. …………………………………………………………………………

3. Address of place of Works/

Manufacture ……….…………….………………………………………………. ………………… ………………….……………

…………………………………………………………

Telephone No. ..……………………….. Mobile No. ……………………………

4. State the Type of Firm: Sole proprietor-ship/partnership firm / (Tick the

correct choice): Private limited company.

5. Name of the sole proprietor/ partners/ Director(s) of Pvt. Ltd Co.:

S. No. Name Father’s Name Designation

1.

2.

3.

4.

5.

6. Name of the person authorized to enter into and execute contract/ agreement and the

capacity in which he is authorized (in case of partnership/ private Ltd Company):

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

……………………………………………….

7. Permanent Account No. : ………………………………………………………

8. Details of the Bidder’s Bank for effecting e-payments:

(a) Beneficiary Bank Name:………………………………

(b) Beneficiary branch Name:…………………………….

(c) IFSC code of beneficiary Branch……………………..

(d) Beneficiary account No.:……………………………….

(e) Branch Serial No. (MICR No.):………………………...

9. Whether the firm has Office/ works (i.e. manufacture of the tendered item) in Delhi? If

so state its Address

………………………………………………………………………………………………………………………………………………

…………………………




B) Questionnaire

1. Do you think any other detail/ material is required to complete the work specified in

the specification? Yes/ No.

1.1 If Yes, Give details

………………………………………………………………………………………

………………………………………………………………………………………

2. Do you think any other item of work need be included in tender form to complete the

work specified in the specification? Yes/ No.

2.1 If Yes, Give details

………………………………………………………………………………………

………………………………………………………………………………………

3. Kindly indicate the maximum Quantity of tendered material which you are capable of

supplying within the scheduled delivery period.

Name of the tendered Item Qty that can be supplied by the firm within

scheduled delivery period.

4. Suggestion for improvement of the tender document.

……………………………………………………………………………………….

……………………………………………………………………………………….

…………………………………………………………………………………….

Place………………….

Signature of contractor ………………………

Date …………………. Name of Contractor ……………………………




SECTION-9 Part-A

BID FORM

To From,

ASSTT.GENERAL MANAGER (PLG), __________________________

AMRELI TELECOM DISTRICT, __________________________

3rd Floor, TELEPHONE exchange Bldg., _________________________

Opp. Nagnath Temple. __________________________

AMRELI.

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

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

1. Having examined the above mentioned tender enquiry document including amendment/

clarification/ addenda Nos. ...................... Dated …………….. ……………the receipt of which

is hereby duly acknowledged, we, the undersigned, offer to supply and

deliver .............................................. in conformity with the said drawings, conditions

of contract and specifications for the sum shown in the schedule of prices attached

herewith and made part of the financial Bid.

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

alteration and replacement.

3. We agree to abide by this Bid for a period of 150 days from the date fixed for Bid

opening or for subsequently extended period, if any, agreed to by us. This bid shall

remain binding upon us up to the aforesaid period.

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

5. If our Bid is accepted, we will provide you with a performance guarantee from a

Scheduled Bank for a sum @ 5% of the contract value for the due performance of the

contract.

6. If our Bid is accepted, we undertake to complete delivery of all the items and perform all

the services specified in the contract in accordance with the delivery schedule specified in

the Section-2 (Tender Information).

7. Until a formal 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.

Dated: ....... day of ................... 2016

Signature ………………………….

Witness Name ……………………………..

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

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

on

Address ...................................... behalf

of ..............................................




CHECK LIST FOR THE BIDDERS

Please ensure that all documents are fully authenticated by the Authorized Signatory with his signature with official seal. Offer is liable to be rejected, if enclosed documents are not authenticated. Documents forming part of the bid: -

Sr.No

Documents to compulsory submitted offline and Copy to be uploaded in E-tender portal

Submitted YES/NO

1 Tender Fee Rs. as per details given in Detailed NIT (Section 1 Part A) for zone or zones for which bidder has participated

2 Bid Security paid vide DD or Cash or Bank Guarantee as per details given in Detailed NIT (Section 1 Part A) for zone or zones for which bidder has participated

3 Power of Attorney as per clause 14.3 (a) and (d) and authorization for

executing the power of Attorney as per clause 14.3 (b) or (c).

4 Latest and valid MSE Certificate from MSME for the tendered item

(If applicable)

Sr.No

Documents to submitted online in E-tender portal Submitted YES/NO

1 Certificate of incorporation or Documentary Proof regarding company registered in India under the companies Act 1956/ 2013 or a partnership firm/proprietorship firm registered in India

2 Article or Memorandum of Association or partnership deed or proprietorship deed as the case may be

3 Certificates from all Directors of the bidder stating that none of their near relatives are working in BSNL in accordance with clause 34.

4 List of all Directors including their name(s), Director Identification Number(s) (DIN) and address (es) along with contact telephone numbers of office and residence.

5 Documentary proof of applicable rate of ED or CD or Sales Tax or VAT or Service Tax

6 Experience Certificate as per Eligibility Criteria

7 Financial turnover (to be submitted along with balance Sheet certified by CA) during the last 3 years i.e. 2012-13, 2013-14 and 2014-15

8 Declaration regarding Firm is not Licensed Telecom Service Provider to provide Basic Services/ Cellular Telephony Services/ Internet Services/ UASL/ NLD/ ILD Services anywhere in India.

9 Valid PAN No

10 Valid Sales Tax or Service Tax Registration Certificate

11 EPF Registration Certificate

12 ESI Registration Certificate

13 Clause by Clause Compliance

14 Bidder’s Profile & Questionnaire

15 Letter of Authorization to attend Bid opening event

16 Under taking and Declaration as per Section-6

17 All pages of the tender documents must be signed with stamp by authorized signatory before submission.

18 Copy of Bid Form in Section-9 Part A

19 Any other supporting documents asked for in bid document




SECTION-9 Part-B

Price Schedule (Financial Bid) for EOI-______/16-17

I/ We/ M/s…………………………………………………………………………quote following Revenue share to be paid

by BSNL towards Outsourcing Deployment, Provision and Maintenance of Wire line Landline &

Broadband Connections:

Amreli Telecom

District ,Amreli

Revenue share % to be paid by BSNL towards Outsourcing

Deployment, Provision and Maintenance of Wire line

Landline & Broadband Connections (upper limit of % quote

is 35%)

* In Figures In words

EOI NO: __________

I/We have taken Note of the following:

1. Maximum Revenue share to be quoted is 35%.

2. *The revenue share % shall be limited to 2 decimal points only. Any figure after 2 decimal

points shall be ignored for all purpose.

3. In case of variation between revenue share % mentioned in figures & words, the Revenue

share % mentioned in words shall prevail.

4. The revenue share offered to BSNL is net of all statutory Taxes & levies like License Fee, Service

Tax, etc. on the realized revenue.

5. For leased line and other value added services (VAS, which are being offered by BSNL in

partnership with other VAS providers) extended over cable network laid by the outsourced

partner, 20% of its applicable share of revenue for Voice and BB services (net of all

statutory Taxes & levies like License Fee, Service Tax etc.) shall be provided to outsourced

partner in the corresponding Year. For example, suppose outsourced partner's revenue

share is 30%, then his revenue share for the leased line VAS will be 20% of 30% i.e., 6%.

In case outsourced partners revenue share is 25%, then his revenue share for leased line

VAS will be 20% of 25% i.e., 5%.

(Signature of Authorized Signatory)

Name……………………