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BHARAT BROADBAND NETWORK LIMITED

(A GOVERNMENT OF INDIA UNDERTAKING)

Tender No. BBNL/MH/Technical Support Services /2017/01


Date: 04/08/2017

Tender Document

For

“Providing Technical Support Services in BBNL


Maharashtra & Gujarat PMUs”

Office of the Chief General Manager (State Head)


Maharashtra

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BHARAT BROADBAND NETWORK LIMITED
(A Govt. of India Undertaking)
Corporate Identification No.:- U64100DL2012GOI232070
R.O.:- Room No. 324, 3rd Floor, C-DOT Campus, Mandi Gaon Road, Mehrauli,
New Delhi-30
Off: 011-26806100 Fax No. 26806122, Website: www.bbnl.nic.in

SECTION –I

NOTICE INVITING e-TENDER

Tender No. BBNL/MH/Technical Support Services /2017/01


Dated 04/08/2017.

On behalf of the Chairman and Managing Director, BBNL, New Delhi, online
sealed tenders, on rupee payment basis, are invited in two bid system for
engagement of agencies from Registered established Service Providers for
providing Technical Support Services as detailed below on contract basis subject
to variation depending upon the actual requirement of BBNL. The Agencies /
Service Providers should have sufficient experience of providing Technical support
services to various Government Departments, Public Sector Undertakings and
Autonomous Organizations of Govt. of India or Reputed Private organizations.
The Services to be provided are as mentioned below:-

Sl. Category Name of Service Number


No. of
Services
1 Package-A Providing Network Engineers 18
2 Package-B Providing Field Technicians 88
Estimated Cost is 10.67 Cr.

2. Accessibility of Tender Document:


The Tender document for participating in e-Tender shall be available for
downloading from 27/09/2017 at 17:00 hrs onwards till 27/10/2017 at
13:00 hrs from www.tenderwizard.com/BBNL . This link can also be visited
from the website of BBNL (http://www.bbnl.nic.in) by clicking Link- Tenders
on home page. The Tender document may also be downloaded for viewing
from link http://eprocure.gov.in by selecting Bharat Broadband Network
Limited under Public Sector Units. The tender document shall not be available
for downloading after its closing date and time.
3. The cost of document is Rs. 4200/- (inclusive GST). DD/Bankers Cheque of
an amount of Rs. 4200/-(Rupees Four thousand and two hundred only), (non
- refundable), in favour of Bharat Broadband Network Limited, drawn
on any scheduled bank and payable at New Delhi, shall be submitted
towards cost of the tender document before the schedule date and time of
submission of bids, to General Manager (Proj-I), 2nd floor, BSNL
Telephone Exchange building, Baner Road, Baner, Pune (MH) -
411045 in the separate envelope, failing which the tender bid will be straight
away rejected.

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3.1 Tender documents shall be issued to MSE bidders free of cost. Before issue of
such documents free, the bidders have to submit details of their registration
with the appropriate authority for the tendered item. Their eligibility as per the
terms and conditions of the tender in question would also be examined, and if
they meet the conditions stipulated, they may be issued the documents free.
Tender document can be purchased online and MSE bidders have to upload
details / certificate with the appropriate authority for the tendered item. Their
eligibility as per terms and conditions of the tender in question would be
examined and if they may not meet the conditions stipulated, they may be
rejected at the time of opening.

4. Sale of hard copy of Tender document:


a. BBNL has decided to use process of e-tendering for inviting this T e n d e r
and so the hard copy of the Tender document will not be available for sale
and only online submission of bids will be acceptable.

b. The tender should be submitted online under Two Bid System i.e. “Technical
Bid” and “Financial Bid”. Technical bid must contain the information as
prescribed in tender document. The “Financial Bid” must contain the rate for
providing Services on monthly basis.
5. The bidders are requested to submit only those off-line documents as specified
in Section-XII, in s ealed envelope super-scribed “Tender for Providing
Technical Support Services” and addressed to General Manager (Proj-I),
2nd floor, BSNL Telephone Exchange building, Baner Road, Baner,
Pune (MH) – 411045 on or before 27/10/2017 by 13:30 hrs. The bidders
are requested to upload all the documents required in tender and all the
documents should be sealed and signed or digitally signed before the closing of
the tender.

6. The online Technical bids will be opened online on the same day at 15:00 hrs
on 27/10/2017 at General Manager (Proj-I), 2nd floor, BSNL
Telephone Exchange building, Baner Road, Baner, Pune (MH) -
411045 in the presence of the prospective bidders, if they wish to be present.
Representative of bidders will have to produce authorization letter from their
firm before the committee to attend online Technical bid opening process.

7. The Technical bids shall be opened on the stipulated date & time and in
case the date falls on any holiday or in case of unforeseen contingencies, the
bids shall be opened on the next working day at the same time without any
further notice.

8. The financial bids of the successful bidders who have been found technically
qualified, will be opened at a later date and all successful bidders shall be
intimated separately before opening.

9. BBNL reserves the rights to cancel the tender without assigning any reason.

10. The bidder has to bid for 100 % quantity of the service tendered.

11. EMD/ Bid Security:

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The Bidders shall furnish the EMD /Bid Security for Rs. 21.35 lakhs only (Rs.
Twenty one lakh and thirty five thousand only).
The EMD / Bid Security shall b e furnished in one of the following ways-
a) The bidder shall furnish the EMD/Bid Security in the form of
Demand Draft/Banker’s cheque in favour of Bharat Broadband
Network Limited, New Delhi payable at New Delhi and drawn on any
scheduled bank.
Or,
b) Bank Guarantee in the format given in Section – VIII of the tender
document in favour of CMD BBNL, New Delhi from any scheduled bank,
and valid for 180 days from the date of opening of the tender.

c) The EMD/ Bid security shall be submitted before the schedule date and
time of submission of bids to the General Manager (Proj-I), 2nd floor,
BSNL Telephone Exchange building, Baner Road, Baner, Pune
(MH) - 411045 in the separate envelope, failing which the tender bid will
be rejected.

12. Last Date & Time of online Submission of Tender Bid: Up-to
27/10/2017 by 13:30 Hrs.
In case date of submission (and opening) is declared a holiday, the date
of submission of OFF-LINE documents and 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. All corrigendum / amendments / corrections, if any,
will be published on the website http://www.tenderwizard.com/BBNL.

13. Online Opening of Tender Bids: At 15:00 Hrs. on 27/10/2017

14. Place of Opening of Tender Bids:


BBNL has adopted e-tendering process which offers a unique facility for
“Public Online Tender Opening Event (TOE)”. BBNL`s Tender Opening
officers as well as authorized representatives of bidders can attend the Public
Online Tender Opening Event (TOE) from comfort of their offices.
However, authorized representatives of the bidder, if desires so, can attend the
TOE at BBNL Office at 2nd floor, BSNL Telephone Exchange building,
Baner Road, Baner, Pune (MH) - 411045, where BBNL’s Tender Opening
Officers would be conducting Public Online Tender Opening Event (TOE).

15. The bidder is required to submit the tender document online at the e-tender portal.
Tender bids received after due time and date will not be accepted.

16. Incomplete, ambiguous, conditional, digitally unsealed tender bids are liable to
be rejected.

17. CMD, BBNL reserves the right to accept or reject any or all tender bids without
assigning any reason. BBNL is not bound to accept the lowest bid offer

18. The bidder shall furnish a declaration under his digital signature that no

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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.

19. In case any correction/addition/alteration/omission in the tender document, the


tender bid shall be treated as non-responsive and shall be rejected summarily. All
documents submitted in the Bid should be preferably in English. In case the
documents are in other than Hindi & English language, translated copies in
English as true copy of such documents duly attested by authorized translator and
signed by the bidder be submitted in addition to the relevant certificates.

20. All computer generated documents should be duly attested/signed by the issuing
organization.

21. T ime schedule for various activities is as mentioned below:

Activity Date Time


Issue of NIT 27/09/2017
Starting of Downloading Tender 27/09/2017 17.00 hrs.
document
Document
Closure of Downloading of Tender 27/10/2017 13.00 hrs.
document
Vendor Training (optional) 04 & 06/10/2017 11.00 hrs.
Last Date & Time of seeking 07/10/2017 17 .00 hrs.
clarifications
Last Date & Time of Submission of 27/10/2017 13.30 hrs.
bids on Line and offline documents
Opening of Technical Bids 27/10/2017 15.00 hrs.

22. It is mandatory for all the applicants to have Class III Digital Signature Certificate
(in the name of person who will sign the bid documents) from any of the licensed
certifying agency.
23. To participate in the e-tendering submission, it is mandatory for applicants to get
registered their firm/company in e-tendering portal of BBNL http://www.
tenderwizard.com/BBNL to have user ID & password from M/s ITI Ltd., The
Annual registration charges for vendors/suppliers are Rs. 2500/- per annum
excluding taxes.
24. To participate in e-bid, bidders shall be charged e-tendering processing fee @0.05%
of estimated contract value with minimum cap Rs. 700/- only and maximum cap
Rs. 7000/- only excluding taxes.

General Manager (Proj-I)


2nd floor, BSNL Telephone Exchange building
Baner Road, Baner
Pune (MH) – 411045
Tel: 020-27292400
E-mail id- gmbbnlpune1@gmail.com

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SECTION –II

INSTRUCTIONS TO BIDDERS
INTRODUCTION
1. DEFINITIONS:

a) “The Purchaser” means the CMD, Bharat Broadband Network Limited


(BBNL), New Delhi.
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 and/ services under the contract.
d) “The Goods” means all the equipment, machinery, and/ or other
materials including services, which the supplier is required to supply to
the purchaser under the contract.
e) “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 there
in. The purchase order shall be deemed as Contract appearing in the
document.
f) “The contract price” means the price payable to the supplier under the
purchase order for the full and proper performance of its contractual
obligations.
g) The “APO” means the intention of purchaser to place the purchase order
on the bidder.

Words, term and expressions not specifically defined herein or in Tender


documents shall have the same meaning assigned to them in the Indian, Sale of
Services Act, 1930 or the Indian contract Act, 1872 or the General clause Act, 1897
as the case may be. Heads notes are for convenience purpose only and shall not
affect the interpretation or construction of any provision hereof/bid documents.

2. ELIGIBILITY OF BIDDERS:

2.1 This invitation for bidders is open to all the Agencies/Service Providers who are
Proprietorship firms or registered under Indian Partnership Act, 1932 or limited
Liability Partnership Act, 2008 or registered under Indian Companies Act,
1956/2013, whichever is applicable.

2.2 The average annual turnover of the Agency/Service Provider during last three
financial years i.e. 2013-14 , 2014-15 & 2015-16 OR 2014-15, 2015-16, 2016-17
should not be less than Rs. 3.20 crore (Rupees Three crore twenty lakhs only)

The bidder is to submit Audited balance sheet/Annual Report /Chartered


Accountant Certificate for the years 2013-14, 2014-15, 2015-16 OR 2014-15,
2015-16, 2016-17.

2.3 The Agency/Service Provider should have an experience of providing Technical


support services such as Programmers, Project Management Support, IT
Executives, or Network Engineers etc. in Central / State Govt.
Department/Organization/CPSUs/Govt. Autonomous Organization/Reputed
Private Organizations amounting to minimum Rs.1.07 crore (Rs. One crore seven
lakhs only) in any one financial year during last three financial years i.e. 2013-14,

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2014-15, 2015-16 OR 2014-15, 2015-16, 2016-17, on par with above clause 2.2, if
audited, balance sheet/chartered accountant’s certificate should be submitted.

2.4 The Agency /Service Provider must be registered with PF & ESI Authorities & self-
certified copies in this regard may be submitted with bid.

2.5 The Agency/Service Provider must be registered with GST Tax authority or other
Competent Authority for Manpower Recruitment /supply & self-certified copy in
this regard be submitted with bid.

2.6 The Agency/Service Provider should have PAN Number against their firm's name.

2.7 Service Provider will undertake that neither they have been blacklisted by any
organization PSUs/Govt. Departments etc. in past nor any criminal case is
registered against the Agency/Service Provider or its owner / partner / Directors
anywhere in India. Affidavit / declaration / undertaking to this effect shall be
attached.

3. COST OF BIDDING

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

4. THE BID DOCUMENT:

4.1 The services required, bidding procedures and contract terms are prescribed
in the bid document. The bid document includes:

S. No Document description Section


1 Notice Inviting Tender Section I
2 Instructions to Bidders Section II
3 General (Commercial ) conditions of Contract Section III
4 Special conditions of Contract Section IV
5 Schedule of Requirement Section V
6 Bid Form Section VI
7 Price Schedule Section VII
8 Performa For Bid Security Section VIII
9 Clause by Clause Compliance Section IX
10 Letter of Authorization for Attending Bid Opening Section X
11 Performance Security Form Section XI
12 Special Instructions to Bidders for e-Tendering Section XII
13 Schedule of Remuneration/Wages and Annexure-I
Allowances/Perks
14 Format for Blacklisting, debarred declaration Annexure-II
15 Format for Integrity Pact Section XIII

4.2 The Bidder is expected to examine all instructions, forms, terms and conditions in
the Bid Document. Failure to furnish all information required as per the bid
document or submission of bids not substantially responsive to the bid document
in every respect will be at the bidder’s risk and may result in rejection of the bid.

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5.0 CLARIFICATION OF BID DOCUMENTS:

5.1 Prospective bidders requiring any clarification on the Bid Documents shall notify
the purchaser online by using the tenderwizard Portal. The purchaser shall respond
in writing to any request for the clarification of the bid documents, which it receives
latest by but not later than 14 days prior to the date of opening of the tender. The
query (without identifying the source) and clarifications by the purchaser shall be
posted on tenderwizard Portal, BBNL website for information of all the prospective
bidders.

5.2 Any clarification issued by BBNL in response to query raised by prospective bidders
shall form an integral part of bid documents and it may amount to an amendment
of the relevant clauses of the bid documents.

5.3 The clarification, if any, can also be downloaded from the BBNL website & bidder is
expected to see the BBNL website for clarification before submitting the bid.

6. AMENDMENT TO BID DOCUMENTS

6.1 At any time, prior to the date of submission of bids, the purchaser may, for any
reason, whether at his own initiative or in response to a clarification requested by a
prospective bidder, modify the bid document by amendments.

6.2 The amendments will be notified in writing on e-tendering portal and sent to all
prospective bidders who have purchased the bid documents and these amendments
will be binding on them. Amendment if any, shall be available on BBNL
website and bidder is expected to see these before submitting his bid.

6.3 In order to give prospective bidders reasonable time in which to take the
amendments into account in preparing their bids, the purchaser may, at its
discretion, extend the deadline for the submission of bids suitably.

7. DOCUMENTS COMPRISING THE BID:

The bid prepared by the bidder shall comprise the following documents:
a) Documentary evidence establishing in accordance with clause 2 & 10 indicating that
the bidder is eligible to bid and is qualified to perform the contract if his bid is
accepted.
b) EMD/Bid Security furnished in accordance with clause 12.
c) A clause-by-clause compliance of the goods/services offered as per clause 11.2(b).
d) A bid form and price schedule completed in accordance with clauses 8 & 9.

8. BID FORM:
8.1 The bidder shall complete the Bid form and the appropriate price schedule in the
format furnished in the bid documents, indicating the services to be supplied, a brief
description of the goods/services, quantity and prices.

8.2 Printed terms and conditions enclosed with the Tender Document will be
considered as forming part of the bid. In case terms & conditions of the contract
applicable to this bid, as specified in the bid documents are not acceptable to
bidders, they should clearly specify the deviations.

8.3 BBNL shall not accept any deviations in respect of any commercial conditions as
laid down in the bid documents normally. However, the bidder shall give a
statement of deviations to the provisions of the technical specifications and
commercial conditions, if there are any deviations.

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9. BID PRICES

9.1 The supplier shall quote as per price schedule given in section VII as per Schedule of
Requirement.
9.2. A bid submitted with an adjustable price quotation will be treated as non- responsive
and rejected.

10 DOCUMENTS ESTABLISHING BIDDER’S ELIGIBILITY AND


QUALIFICATION:

10.1 The bidder shall furnish, as part of his bid documents establishing the bidder’s
eligibility, the following documents if applicable or whichever is required as per
terms and conditions of bid documents.

i) Certificate of incorporation.
ii) Memorandum and Articles of Association or Partnership deed or Proprietorship
deed /Affidavit as the case may be.
iii) EMD/ Bid Security details and mode of submission.
iv) Self-attested PF, ESI, GST, Labour Licence, Professional Tax Registration
certificates.
v) ISO Certificate (if available).
vi) Duly notarized Power of Attorney (on non-judicial stamp paper of worth Rs. 100/-)
in favour of authorized signatory in case of partnership firm (to be signed by all
partners) or board resolution in case of a limited company to sign the bid. The
signatures of authorized signatory must be attested.
vii) Declaration regarding any deviation / Clause-by-Clause compliance certificate is to
be submitted as per section IX.
viii) Documents as per Eligibility Criteria given in Clause No.2 of Section-II.
ix) Self-attested Copy of the Labour Licence issued by the Labour commissioner
for any contract awarded to bidder during last Three Financial years i.e. 2014-15,
2015-16 & 2016-17.
x) Declaration /Undertaking regarding non-blacklisting and debarring as per format in
Annexure-II.
xi) Self-attested copy of PAN No. against their firm’s name.
xii) Office Address with Contact details (phone no., e mail, Fax etc.).

10.2 (i) The bidder shall furnish annual report / audited balance sheet as evidence that
he has financial capability to perform the contract as per clause no. 2.2 of section-
II.
(ii) The bidder shall furnish documentary evidence about technical and production
capability necessary to perform the contract.
(iii) In case of MSME bidders, classification whether micro, small or medium
enterprise will be given with documentary evidence at the time of bidding.

11. DOCUMENTS ESTABLISHING SERVICES CONFORMITY TO BID


DOCUMENTS:

11.1 Pursuant to clause 7 above, the bidder shall furnish, as part of his bid, documents
establishing the conformity of his bid to the bid document of all services, which he
proposes to supply under the contract.
11.2 The documentary evidence of the services conformity to the bid document may be
in the form of literature, drawings, data and he shall furnish.

a) A detailed description of the Services, essential technical and performance


characteristics.

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b) A Clause-by-Clause compliance on the purchaser’s specifications (section-V),
special conditions (section-IV), Instructions to bidders (section-II) and commercial
conditions (section-III) demonstrating substantial responsiveness to the technical
specifications and commercial conditions should be submitted with the bid as per
Section IX.
In case of deviations, a statement of deviations and exceptions to the provision of
the technical specification and commercial condition shall be furnished by the
bidder(s) as per Section IX. A bid without Clause-by-Clause compliance shall not
be considered.

12. BID SECURITY:


12.1 Pursuant to clause 7, the bidder shall furnish, as part of its bid, EMD/ bid security
for an amount of Rs. 2 1 . 3 5 l a k h s ( R s . T w e n t y o n e l a k h t h i r t y f i v e
t h o u s a n d s o n l y ) . The bidders (MSME) who are registered with National Small
Scale Industries Corporation/Appropriate Authority are exempted from payment
of bid security.

(a) A proof regarding registration of MSE with Appropriate Authority for the tendered
items will have to be attached along with the bid.
.
12.2. 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.

12.3. The EMD / bid security shall be in the form of


(i) Bank Guarantee issued by a scheduled bank in favor of the purchaser, valid
for a period of 180 days from the date of tender opening
OR
(ii) Account Payee Demand Draft or Banker’s Cheque. However, no interest shall
be payable on this account.

E M D / bid security is for safeguarding the purchaser’s interest in all respects.

12.4. A bid not secured in accordance with para 12.1 & 12.3 shall be rejected by the
Purchaser being non-responsive at the bid opening stage.

12.5. The bid security of the unsuccessful bidder will be discharged/ returned as
promptly as possible as but not later than 30 days after the expiry of the period
of the bid validity prescribed by the purchaser pursuant to clause 13.

12.6. The successful bidder's bid security will be discharged upon the bidder's
acceptance of the 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) In the case of successful bidder, if the bidder fails:
(i) to sign the contract in accordance with clause 28 or
(ii) to furnish performance security within the specified time in accordance
with clause 27.

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(c) In both the above cases, i.e. 12.7 (a) & (b), the bidder will not be eligible to
participate in the tender for same item for one year from the date of issue of
Advanced Purchase Order (APO). The bidder will not approach the court against
the decision of BBNL in this regard.
13. PERIOD OF VALIDITY OF BIDS.

13.1 Bids shall remain valid for 150 days from the date of bid opening prescribed by the
purchaser, pursuant to clause 19.1. A bid valid for a shorter period shall be
rejected by the purchaser as 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 responses thereto
shall be made in writing. The bid security provided under clause 12 shall also be
suitably extended. A bidder may refuse the request without forfeiting its bid
security. A bidder accepting the request and granting extension will not
be permitted to modify its bid.

14. FORMATS AND SIGNING OF BID

The bid shall be typed or printed, numbered sequentially and digitally signed by
the bidder or a person or persons duly authorized to bind the bidder to the contract.
An index of various documents and page number where it is available, shall be
given. The letter of authorization shall be indicated by written power-of-attorney.

D. SUBMISSION OF BIDS

15. SEALING AND MARKING OF BIDS:


15.1 The bids should be sealed and marked in accordance with the instructions
mentioned in Section-XII of this document. Bids have to be submitted online
only. In addition, some documents have to be submitted off-line in
accordance with Section-XII.

a) The envelope for offline submission shall be addressed to the purchaser at the
address mentioned in the Section-XII of this document.
b) The envelope shall bear (the project name), the tender number and the words
'DO NOT OPEN BEFORE' (due date & time).
c) The envelope shall indicate the name and address of the bidders to enable the
documents to be returned unopened in case it is declared 'late' or rejected.
d) The responsibility for ensuring that the tenders are delivered in time would
vest with the bidder.
e) Offline documents delivered in person on the day of tender opening shall be
delivered up to 13.30 Hrs. to the purchaser at the venue (address is given in
NIT) of the tender opening. The purchaser shall not be responsible if the bids
are delivered elsewhere.
f) Venue date and time of tender opening shall be as mentioned in the Notice
Inviting Tender (NIT) i.e. Section-I. If due to administrative reasons, the venue
of Bid opening is changed, it will be displayed prominently on notice board and
also on BBNL website.

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

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15.3 Tender Opening: Tender will be opened online by the designated Bid Opening
Team of BBNL on the schedule date and time of opening of the bids.
The representatives of the bidders may attend the bid opening either online after
Logging on to the Portal or at BBNL premises

16. SUBMISION OF BIDS:

16.1 Bids must be received by the Purchaser online as per instructions in Section-XII
not later than the specified date and time indicated in the Detailed NIT (Section-
I). The bidder is required to submit the bid online at the e-tender portal. Tender
bids received after due time & date will not be accepted. Offline submission of
bids would not be accepted and only the documents mentioned in
Section XII shall be submitted offline.

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 deadline as extended.

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

17. LATE BIDS:


Any bid received by the purchaser after the deadline for submission of bids
prescribed by the purchaser pursuant to clause 16, shall be rejected.
E-tender system is date and time locked. The system will not accept any bid after
the scheduled date and time of submission of the bids.

18. MODIFICATION AND WITHDRAWAL OF BIDS:


18.1 The bidder may modify, revise or withdraw its bid after submission prior to the
deadline prescribed for submission of bid, provided that the written notice of the
modification/ revision or withdrawal is received by the purchaser prior to the
deadline prescribed for submission of bids.

18.2 The bidder's modification, revision or withdrawal shall be prepared, sealed,


marked and dispatched/ online submitted as required in the case of bid submission
in accordance with the provision of clause 15.

18.3 A withdrawal notice may also be sent by email but followed by a signed
confirmation copy by post not later than the deadline for submission of bids.

18.4 Subject to clause 20, no bid shall be modified subsequent to the deadline for
submission of bids.

E. BID OPENING AND EVALUATION:

19. OPENING OF BIDS BY PURCHASER:

19.1 The purchaser shall open bids online in the presence of bidders or their
authorized representatives who chose to attend, at the time specified in the Detailed
NIT (Section-I). The bidder's representatives, who are present, shall sign in an
attendance register. Authority letter to this effect shall be submitted by the bidders
before they are allowed to participate in bid opening (A Format is given in section
X).

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19.2. A maximum of two representatives of any bidder shall be authorized and permitted
to attend the bid opening.

19.3. The bidder's names, Bid prices, modifications, bid withdrawals and such other
details as the purchaser, at its discretion, may consider appropriate will be
announced at the time of opening.

19.4. The date fixed for opening of bids, if subsequently declared as holiday by BBNL, 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. CLARIFICATION OF BIDS:


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

21. EVALUATION OF BIDS

The Techno-Commercial bids will be evaluated in respect to their substantive


responsiveness or otherwise. Thereafter, BBNL shall open the financial bids of only
of those bidders whose techno- commercial bids are found to be qualifying in the
technical evaluation. The detailed evaluation of financial bids shall also be carried
out later and substantially responsive financial bids shall be considered, for further
evaluation.

Technical Evaluation:

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

21.2 Prior to the detailed evaluation pursuant to Clause 22, the Purchaser will determine
the substantial responsiveness of each bid to the Bid Document. For purposes of
these clauses, a substantially responsive bid is one which confirms to all the terms
and conditions of the Bid Documents without material deviations. The purchaser's
determination of bid's responsiveness shall be based on the contents of the bid
itself without recourse to extrinsic evidence.

21.3. A bid, determined as substantially non-responsive will be rejected by the purchaser


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

21.4 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.

21.5 The CET may decide to verify the information submitted by the Agencies by visiting
their offices or their client’s offices. The Agencies would organize such visits as per
the schedule given by the CET, failing which the CET may take their own decisions
with respect to the technical capabilities of the Agency. Expenses for the visits will
be borne by BBNL.

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Financial Evaluation

a. After approval of the CET report by the competent authority, the processing of the
second stage will commence with the opening of the Financial Bids of only the
technically qualified agencies. A properly constituted Financial Evaluation
Committee (FEC) would scrutinize the financial bids. The bids found lacking in
strict compliance to the financial bid format will be rejected straightaway.
b. Arithmetical errors shall be rectified on the following basis. If there is a discrepancy
between the unit price and total price that is obtained by multiplying the unit price
and quantity, the unit price shall prevail and the total price shall be corrected by the
purchaser. If there is a discrepancy between words and figures, the amount in words
shall prevail. If the supplier does not accept the correction of the errors as aforesaid,
its bid shall be rejected, in addition to the forfeiture of the said supplier’s EMD.
c. For financial evaluation, agencies must quote rates in the financial bid form
otherwise the bid will not be considered.

22. EVALUATON AND COMPARISON OF SUBSTANTIALLY RESPONSIVE


BIDS:
22.1 The purchaser shall evaluate in detail and compare the bids previously determined
to be substantially responsive pursuant to clause 21.
22.2 (a) Evaluation of Package-A and Package-B shall be done separately.
(b) The evaluation and comparison of responsive bids shall be done on the basis of
Total of (1) Any other charges / Taxes and (2) Contractor Service Charge (i.e.
Total of Columns 11 & 12) for three years excluding Service Tax / GST.
22.3 If a firm quotes “NIL” charges / consideration, the bid shall be treated as
unresponsive and will not be considered. Further , the bids of the firms quoting
“Contractors Service Charges” of less than 2% of the Bill value, which is the TDS
deducted by Government before making payment for services , will be rendered
disqualified. Bill value includes payment to the deputed persons and the service
charge of the contractor/service provider excluding Service Tax.

23. CONTACTING THE PURCHASER:

23.1 Subject to clause 20, no bidder shall try to influence the purchaser on any matter
relating to its bid, from the time of the bid opening till the time the contract is
awarded.
23.2 Any effort by a bidder to modify his bid or influence the purchaser in the purchaser’s
bid evaluation, bid comparison or contract award decisions shall result in the
rejection of the bid.

F AWARD OF CONTRACT:

24.0 PLACEMENT OF WORK ORDER:

24.1 The purchaser may consider placement of work order for supply of services on those
bidders whose offers have been found technically, commercially and financially
acceptable.
24.2 BBNL will award /distribute the work among two bidders in the ratio of 70:30. L-1
bidder will be given 70% of total tendered quantity and L-2 bidder will be counter
offered 30 % of total tendered quantity at L-1 quoted rates. In case of non-acceptance
of the counter offer by L-2 bidder, counter offers will be given to other bidders down
in the order. In case of non-acceptance of counter offer by any bidder, L-1 bidder is
bound to accept 100% quantity.
24.3 However BBNL reserves the right to change the distribution of work among bidders.

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25. PURCHASER’S RIGHT TO VARY QUANTITIES:
(a) BBNL will have the right to increase or decrease up to 25% of the quantity of goods
and services specified in the schedule of requirements without any change in the
unit price or other terms and conditions at the time of award of contract. Additional
quantities up to 50% of goods and services contained in the running tender/
contract can be ordered within a period of twelve months from the earliest date of
acceptance of APO (earliest one) at the same rate or a rate negotiated with the
existing venders considering the reasonability of rates based on prevailing market
conditions and the impact of reduction/ increase in duties and taxes etc.
(b) In exceptional situation where the requirement is of an emergent nature and it
is necessary to ensure continued supplies from the existing venders, the
purchaser reserves the right to place repeat order up to 100% of the quantities of
goods and services contained in the running tender/ contract within a period of
twelve months from the earliest date of acceptance of APO at the same rate or
a rate negotiated with the existing venders considering the reasonability of rates
based on prevailing market conditions and the impact of reduction / increase in
duties and taxes etc.

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


ALL BIDS:

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

27. ISSUE OF ADVANCE PURCHASE ORDER:

27.1 The issue of an advance purchase order shall constitute the intention of the
purchaser to enter into contract with the bidder.

27.2 The bidder shall within 14 days of issue of the Advance Purchase Order (APO) give
his unconditional and unequivocal acceptance along with performance security
in conformity with the Section-XI of the bid documents.

27.3 Purchase order / work order will be issued by User State’s PMU as per APO.

27.4 Performance Security

a. The successful bidders will be required to deposit an amount equal to


5% of the value of the contract within two weeks of issue of APO
conveying BBNL’s intention for accepting the bid, as performance
guarantee.
b. The performance guarantee shall be submitted either in the form of
Bank Guarantee on prescribed stamp paper in the Proforma as per
Section-XV or Bank Draft from a scheduled Bank in the name of BBNL,
New Delhi.
c. The performance guarantee shall remain with BBNL for a period of six
months from the date of expiry of contract and
d. If the bidders fails or neglects any of his obligations shall be released
thereafter provided there are no outstanding claims against the
contractor.

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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 28 & 27.2
shall constitute sufficient ground for the annulment of the award and the forfeiture
of the bid security/PBG or both 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. Rejection of Bids

30.1 While all the conditions specified in the bid documents are critical and are to be
complied, special attention of bidders is invited to the following clauses of the bid
documents. Non-compliance of any one of which shall result in rejection of bid.
i) Any bid/ offline document received late.
ii) Any bid, unless exempted specifically, not accompanied by required Earnest money
/ Bid security or received with shorter validity period / or insufficient amount of
EMD.
iii) Any conditional bid.
iv) Any bid in which rates have not been quoted in accordance with specified
Formats/details as specified in Tender Document.
v) Any effort by a bidder to influence the purchaser in the bids evaluation, bid’s
comparison or contract award decision may also result in rejection of the bid.
vi) Any bid having validity less than 150 days.

30.2 Before outright rejection of the Bid by Bid-opening team for non-compliance of
any of the provisions mentioned in clause 30.1 of Section II , the bidder company
is given opportunity to explain their position, however if the person representing
the company is not satisfied with the decision of the Bid opening team, he/ they
can submit the representation to the Bid opening team immediately but in no case
after closing of the tender process with full justification quoting specifically the
violation of tender condition if any.

30.3. Bid opening team will not return the bids submitted by the bidders on the date of
tender opening even if it is liable for rejection and will preserve the bids in sealed
cover as submitted by taking the signatures of some of the desirous
representatives of the participating bidder/ companies present on the occasion.

30.4. The in-charge of Bid opening team will mention the number of bids with the
name of the company found unsuitable for further processing on the date of
tender opening and number of representations received in Bid opening Minutes
and if Bid opening team is satisfied with the argument of the bidder/company
mentioned in their representation and feel that there is prima-facie fact for
consideration, the in-charge of the bid opening team will submit the case for
review to Concern Director in the Corporate Office 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.

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30.5. If the reviewing officer finds it fit to open the bid of the petitioner, this should be
done by giving three (working) days’ notice to all the participating bidders to give
opportunity to desirous participants to be present on the occasion.

31. Non-Relationship Certificate

31.1 The bidder should give a certificate that none of his/her near relative is working in the
units as defined below where he is going to apply for the tender. In case of
Proprietorship firm, certificate will be given by the proprietor. For partnership firm
certificate will be given by all the partners .In case of limited company, certificate
will be given by all the Directors of the company excluding Govt. of India/Financial
Institutions nominees and independent non-official part time directors appointed
by Govt. of India or the Governor of the state.
31.2 Due to any breach of 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 BBNL will not pay any damage to the company or firm or the concerned person.
The company or firm or the person will also be debarred for further participation in
the concerned unit.

31.3 The near relatives for this purpose are defined as:

a) Members of a Hindu undivided family.


b) They are husband and wife.
c) The one is related to the other in the manner as father, mother, son(s)& son’s
wife (Daughter in law), daughter(s) and daughter’s husband (son in law),
brother(s) and brother’s wife, sister(s) and sister’s husband (brother in law).

31.4 The format of the certificate 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 BBNL 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, BBNL shall
have the absolute right to take any action as deemed fit/without any prior
intimation to me."

32 VERIFICATION OF DOCUMENTS AND CERTIFICATES


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

32.2. As per requirement of the tender’s conditions, if any document/ paper/ certificate
submitted by the participant bidder is found to be false/ fabricated/ tempered/
manipulated at any stage during bid evaluation or award of contract, then the bid
security (EMBG) of the bidder would be forfeited and the bidder would be
disqualified from the tender. Action would also be taken for banning of business
dealing with the defaulting firm. In case contract has already been awarded to the
bidder, then PBG would be forfeited and the contract would be rescinded/
annulled and BBNL would be at liberty to procure the ordered goods and services
from any other source at the risk and cost of the defaulting bidder. Action may
also be taken for banning business dealing with the defaulting firm.

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SECTION-III
GENERAL (COMMERCIAL) CONDITIONS OF CONTRACT

1. APPLICATION:

The general conditions shall apply in all contracts, made by the purchaser for the
procurement of goods/services.

2. STANDARDS:

The goods or services supplied under this contract shall conform to the standards
mentioned in the technical specifications.

3. PATENT RIGHTS:
Deleted
4. PERFORMANCE SECURITY:

4.1 All suppliers (including MSEs who are registered with Appropriate Authority) shall
furnish performance security to the purchaser for an amount equal to 5% of the
value of purchase order within 14 days from the date of issue of Advance Purchase
Order by the Purchaser.
4.2. The proceeds of the performance security shall be payable to the Purchaser
as compensation for any loss resulting from the supplier's failure to complete its
obligations under the contract.

4.3. The performance security Bond shall be in the form of Bank Guarantee
issued by a scheduled Bank and in the form provided in 'Section XI' of this Bid
Document.
OR,
The performance security Bond shall be in form of Demand Draft issued by a
scheduled Bank in the name of BBNL, New Delhi.

4.4. The performance security Bond will be discharged by the Purchaser after completion
of the supplier's performance obligations including any warranty obligations under
the contract

5. INSPECTIONS AND TESTS:

5.1 The purchaser or his representative shall have the right to inspect and test the
services for their conformity to the specifications. In addition, the purchaser or its
representative shall have the right to screen the candidates before putting them at
job.

5.2 Notwithstanding the pre-services inspection prescribed in clause 5.1 above, the
candidates may also be inspected at work station and if any service / candidate is
not found satisfactory, the same shall be replaced free of cost to the purchaser as
laid down in clause 5.3 below.

5.3 If any Services or any part thereof, fails to fulfill the requirements of the contract, the
inspector shall give the contractor/supplier notice setting forth details of such
failure and the supplier, shall mend the defective Services, or alter the same to make
it comply with the requirements of the contract forth with. The supplier free of all
charges at site shall make these replacements. Should it fail to do so within the
stipulated time, the purchaser reserves the discretion to reject and replace at the

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cost of the supplier the whole or any portion of the services as the case may be, which
fails to fulfill the requirements of the contract. The cost of any such replacement
made by the purchaser shall be deducted from the amount payable to the supplier
including the EMD / Performance Security.

5.4 Nothing in clause 5 shall release the supplier from any obligations under this
contract.

5.5 Inspection and testing shall be as per provisions in the General Specifications.

6. DELIVERY OF SERVICES AND DOCUMENTS:

6.1 Delivery of the services and documents shall be made by the supplier in accordance
with the terms specified by the purchaser in its schedule of requirements and special
conditions of contracts. The delivery of the goods/Services shall be to the ultimate
consignee as given in the purchase order/Work Order.
6.2 The delivery of Services shall be completed within 21 days from the date of issue of
Purchase Order/Work Order.

7. PAYMENT TERMS:
7.1 Bills are to be submitted by the successful tenderer in duplicate enclosing stamped
pre-receipt on monthly basis in GST Format to the Paying Authority/authority
specified in the Work Order through the User PMU, every month for the services
rendered in the preceding calendar month positively. Bills will be raised in the name
and GSTIN of State Head of BBNL of User PMU.

7.2 For claiming 100% payments following documents are required to be produced
before paying authority:
(i) Invoice (GST Format)
(ii) Copy of Work Order.
(iii) Proof of service offered
(iv) Proof of EPF and ESI deposit for last bill.
(v) Challan/Voucher copy for having deposited GST TAX (Amounts) for
the last month / quarter.
(vi) Proof of payment against services rendered.

7.3 The bidder has to give the mandate for receiving payment costing aggregating to
Rs.5 lacs and above electronically and the charges, if any, levied by bank has
to be borne by the bidder/ contractor/supplier. The bidder company are required
to give the following information for this purpose:-
(a) Beneficiary Bank Name
(b) Beneficiary branch
(c) IFSC code of beneficiary branch
(d) Beneficiary account
(e) Branch Serial No. (MICR No.):

8. PRICES:
8.1 Prices charged by the supplier for services performed under the contract shall not be
higher than the prices quoted by the Supplier in its Bid except for variation caused by
change in taxes/ duties as specified in Clause-8.2 mentioned below.

8.2. For changes in taxes/ duties during the contract period, the unit price shall be
regulated as under:
(a) Prices will be fixed at the time of issue of work order as per taxes and statutory
duties applicable at that time
(b) In case of reduction of taxes / EPF / ESI and other statutory duties during the

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contract period, purchaser shall take the benefit of decrease in these
taxes/duties for the services delivered from the date of enactment of revised
duties/taxes.
(c) In case of increase in duties / taxes / EPF / ESI during the contract period, the
purchaser shall revise the prices as per new duties/taxes for the services, to be
provided during the remaining delivery period as per terms and conditions of the
purchase order.
9. CHANGES IN ORDERS
9.1 The purchaser may, at any time, by a written order given to the Supplier, make
changes within the general scope of the contract in any one or more of the following:
a) Specifications, where services to be furnished under the contract are to be
specifically provided for the purchaser;
b) The place of delivery; or
c) The services to be provided by the supplier.

If any such change causes an increase or decrease in the cost of, or the time required
for the execution of the contract, and 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 30-days from the date of the receipt of the change in order. Decision of
BBNL in this regard shall be final.

10 SUB-CONTRACTS:
The Supplier shall notify the Purchaser in writing of all subcontracts awarded
under this contract if not already specified in its bid. Such notification, in its original
bid or later shall not relieve the supplier from any liability or obligation under the
Contract.

11. Delays in the supplier’s performance/ liquidated damage/penalty:

The approved service provider will provide the services of hired Technical Support
staff within 21 days of placing the work order by BBNL. Beyond 21 days a penalty of
Rs.500/- per person per day will be levied for a period of 10 days and after that the
work order will be cancelled/revised and the services of Technical support staff shall
be obtained from alternate sources at the risk and cost of the defaulting bidder.
The work order cancellation charges will be applicable which will be recovered
from Performance Bank Guarantee.

12. Force Majeure:


Force majeure clause will mean and be limited to the following in the execution of
the contract/purchase orders placed by BBNL:
hostilities.
Riot or civil commotion.
arthquake, flood, tempest, lighting or other natural physical disaster.
Restriction imposed by the Government or other statutory bodies, Courts
/ Tribunal which is beyond the control of the Agencies, which prevent or
delay the execution of the order by the Agency.
13. Termination for default:
1. Default is said to have occurred:
i) If the agency fails to deliver any or all of the services within the time
period(s) Specified in the work order or any extension thereof granted by
BBNL.
ii) If the Agency fails to perform any other obligation(s) under the
contract/work order.

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iii) If the supplier, in either of the above circumstances, does not remedy its
failure within a period of 15 days (or such longer period as the purchaser
may authorize in writing) after receipt of the default notice from the
purchaser.

iv) The Service Provider consistently provides unsatisfactory services.


v) The Service Provider assigns the Services/Activities or any part thereof to
any other person for sub-letting the whole or a part of the
Services/Activities.
vi) The Service Provider is declared insolvent by any court of law.

2. The contract may be terminated by giving One Month notice.


3. During the notice period for termination of contract, the Service Provider
shall continue to provide the services / activities smoothly as before till the
expiry of notice period.
4. The contract shall be terminated when law in force for contract bars the service
provider.

14. Termination for insolvency:

The purchaser may, at any time, terminate the contract by giving written notice to
the supplier, without compensation to the supplier, if the supplier becomes
unwilling, bankrupt or otherwise insolvent, as declared by the competent court
provided that such, termination will not prejudice or affect any right of action or
remedy which has accrued or will accrue thereafter to the purchaser.

15. ARBITRATION:

15.1 In the event of any question, dispute or difference arising under this agreement
or in connection there-with (except as to the matters, the decision to which is
specifically provided under this agreement), the same shall be referred to the sole
arbitration of the CMD, BBNL or in case his designation is changed or his office is
abolished, then in such cases to the sole arbitration of the officer for the time being
entrusted (whet her in addition to his own duties or otherwise) with the functions
of the CMD, BBNL or by whatever designation such an officer may be called
(hereinafter referred to as the said officer), and if the CMD or the said officer is
unable or unwilling to act as such, then to the sole arbitration of some other person
appointed by the CMD or the said officer.
The agreement to appoint an arbitrator will be in accordance with the Arbitration
and Conciliation Act 1996. There will be no objection to any such appointment
on the ground that the arbitrator is a Government Servant or that he has to deal
with the matter to which the agreement relates or that in the course of his duties
as a Government Servant/ PSU employee 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 CMD, BBNL 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.

15.2. 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

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modification thereof for the time being in force shall be deemed to apply to the
arbitration proceeding under this clause.

15.3. The venue of the arbitration proceeding shall be the office of the CMD, BBNL, New
Delhi or such other places as the arbitrator may decide.

16. SET OFF:

Any sum of money due and payable to the supplier (including security deposit/ PBG
refundable to him) under this contract may be appropriated by the purchaser or the
BBNL or any other person(s)contracting through the BBNL and set off the same
against any claim of the purchaser or BBNL 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 BBNL or such other person(s)
contracting through the BBNL.

17 COURT JURISDICTION
17.1. 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

17.2. 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.

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

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SECTION-IV

Special conditions of contract


The Special conditions of contract shall supplement ‘Instructions to the
Bidders’ as contained in Section-II & “General (Commercial) Conditions of
the Contract” as contained in Section-III and wherever there is a conflict, the
provision herein shall prevail over those in Section-II and Section-III.

1. The BBNL, at present, wants to engage outsourcing agency which can provide and
manage the Services for BBNL as described in detail in section V. The requirement
of the BBNL is only indicative and may further increase or decrease during the
period of contract depending upon the exigency of work.

2. The agency shall ensure that the individual manpower deployed for Technical
Support Services in the BBNL conforms to the Schedule of Requirement, Education
qualifications and experience prescribed at section V of the Tender Document.

3. The manpower proposed to be deployed for providing the services shall be


screened/interviewed by BBNL. Only selected persons will be deployed by the
contractor/Service Provider.

4. The agency shall furnish the following documents in respect of the individual
manpower deployed by it in the BBNL before the commencement of work;
a. List of persons to be deployed for providing services in BBNL.
b. Personal data of the persons i.e. DOB/ Father's Name / Marital
Status/Permanent Address /Correspondence Address/ educational
/professional qualification, experience etc.
c. Bio-data of the persons along with the certificates in respect of
educational/professional qualifications and experience etc.
d. Attested copy of certificate showing the date of birth.
e. Certificate of verification of antecedents of persons by local police authority.
f. Detailed proof of identity like driving license, bank account details, proof of
residence and recent photograph of each personnel

5. The Agency shall ensure that the personnel deployed are medically fit. The agency
shall withdraw such employees who are not found medically suitable by the office
immediately on receipt of such a request by BBNL.

6. The personnel deputed to BBNL shall not be changed by the agency in any
circumstances unless there is a specific request from BBNL in writing.

7. The service provider shall not accept or demand for their own benefit in the name
of registration charges, recruitment fees etc. From the deployed personnel, any
trade commission, discount or any other or similar payment in connection with the
activities under the contract. Service provider shall make their best efforts & ensure
that their deployed personnel or agents or supervisors shall also not indulge in any
such activity.

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8. The agency shall be responsible for compliance of all statutory provisions i.e.
compliances relating to Provident Fund, Employees State Insurance, payment of
Bonus etc. under prevailing labour laws including Contract labour (Regulation and
Abolition Act) etc. in respect of the persons deployed by it in the BBNL.

The agency shall also provide a group insurance to all the personnel deployed
in BBNL for a minimum assured value of Rs.3 Lakhs, with any of the
approved Insurers under IRDAI, to safeguard them against any accident,
mishap, etc. at their own cost and document to this effect may be produced
along the salary Bill to indemnify BBNL being Principal Employer. Such
premium shall be included under Column 11 of the Financial Bid at
Annexure-A & B.

9. The agency shall also be liable for depositing all taxes, levies, Cess etc. on account of
service rendered by it to BBNL to concerned tax collection authorities from time to
time as per extant rules and regulations on the subject matter.
In case, the agency fails to comply with any statutory/ taxation liability under
appropriate law, and as a result there of, BBNL is put to any loss/ obligation,
monetary or otherwise, the BBNL will deduct the same from the monthly bills and
/or from the Performance Security Deposit of the agency, to the extent of the loss or
obligation in monetary terms.

10. The agency shall maintain all statutory registers mandatory under the different
prevailing Laws on the subject matter. The agency shall produce the same, on
demand, to the concerned authority of the BBNL or any other authority under Law.

11.
a) The Tax Deduction at Source (T.D.S.) shall be made as per the provisions of
Income Tax Act, as amended from time to time and a certificate to this effect
shall be provided to the Service Provider by the BBNL.

b) The Service Provider shall obtain all Registration(s) / Permission(s) / License


(s) etc. which are /may be required under any labour laws or other legislation(s)
for providing the services under this NIT/Agreement.
c) It shall be the Service Provider's responsibility to ensure compliance of all the
Central and State Govt. Rules / Local & Municipal Laws / Rules / Orders and
Regulations with regard to the provisions of the services under this NIT
Agreement.
d) The Service Provider will undertake to comply with the applicable provisions of
all welfare legislation and more particularly with the Contract Labour
(Regulation and Abolition) Act, 1970 and rules framed there under, as
applicable, for carrying out the purposes of this NIT/Agreement. The Service
Provider shall further observe and comply with all Govt. laws concerning
employment of persons employed by the Service provider and shall duly pay all
sums of money to such persons as may be required to be paid under such laws.
It is expressly understood that the Service Provider is fully responsible to
ascertain and understand the applicability of various Acts, and take necessary
action to comply with the requirements of laws.

BBNL/MH/Technical Support Services/2017/01 Page 24 of 57


The successful agency will be required to execute an agreement with BBNL within
the period specified in the award letter. In case the successful agency fails to enter
into the agreement with BBNL within the specified date mentioned in the Advance
Purchase Order (APO), the EMD deposited by such agency shall stand forfeited
without giving any further notice.

12. The agency shall make regular and full payment of wages and other payments as due
to its personnel’s deputed under service contract and furnish necessary proof to the
BBNL for release of payments. The payment to the personnel’s by the Agency would
be made on or before 7thof following month. In case 7th day being a holiday, wages
should be paid on the preceding working day of the month.

13. The Agency will ensure the remittance of the wages of each personnel deployed by
them in BBNL in his Bank Account through ECS/RTGS and a copy of the bank
statement will be furnished to this office every month along with the bills.

14. In case BBNL receives any complaints regarding non-payment of wages and other
dues payable to the personnel deployed in BBNL, the amount payable to the
employee will be recovered from the bills of Agency and paid to such personnel.

15. All services shall be performed by persons who are qualified and skilled in
performing such services.

16. The services to be provided require extensive travelling within the assigned area,
preferably on a two wheeler (Motor Cycle), in performance of day-to-day field duties.
For this purpose, the deployed personnel will be required to arrange two wheelers /
transport at their own expenses.

17. Agency should verify and submit if any Police records/criminal cases are pending
against the person deployed in BBNL. The Agency should also make adequate
enquiries about the character and antecedents of the personnel whom they are
recommending. The character and antecedents of each personnel will be got verified
through local police by the service provider before their deployment in BBNL. Proof
of identity like driving license, bank account details, previous work experience, proof
of residence and recent photograph and a certification to this effect be submitted to
this organization. The Service Provider shall withdraw such employees who are not
found suitable by this office for any reasons immediately on receipt of such a request
by BBNL and a replacement of same category have to be made immediately within
maximum period of 7 days.

18. The service provider has to provide the photo identity cards to the persons deployed
by them for carrying out the work. These cards are to be constantly displayed & in
case of loss of photo ID card a report is to be lodged with local police station in
addition to intimation to BBNL by the respective worker.

19. The service provider’s personnel working should be very polite, cordial, positive and
efficient while handling the assigned work and their actions shall promote goodwill
and enhance the image of this office. The service provider shall be responsible for
any act of indiscipline on the part of persons deployed by him.

BBNL/MH/Technical Support Services/2017/01 Page 25 of 57


20. The Service Provider will have to remove from the office any debarred person(s) or
who is found incompetent or for his/her/their misconduct and the service provider
shall forthwith replenish such requirements.

21. The service provider shall replace immediately any of its personnel, if they are
unacceptable to this office because of security risk, incompetence, conflict of interest
and breach of confidentiality or improper conduct upon receiving written notice
from this office i.e. BBNL.

22. The service provider’s personnel shall not divulge or disclose to any person any
details of office, operational process, technical know-how, security arrangements
and administrative / organizational matters as all are of confidential/secret nature
that can attract legal action.

23. The service provider’s person shall not claim any benefit/ compensation/
absorption/ regularization of services in this office under the provision of Industrial
Disputes Act, 1947 or Contract Labour (Regulation & Abolition) Act, 1970.
Undertaking from the person to this effect will be required to be submitted by the
service provider to this office as a pre-condition before deployment of the personnel.

24. The service provider shall ensure proper conduct of their person in office premises,
and enforce prohibition of consumption of alcoholic drinks, Paan, smoking, loitering
without work etc.

25. The service provider shall engage the necessary person as required by BBNL from
time to time. The said person engaged by the service provider shall be the liability
of the service provider and it shall be the duty of the service provider to pay their
wages every month in time. There is no Master & Servant relationship between the
workers of the service provider and the Purchaser (i.e. BBNL). Further the said
person(s) of the service provider shall not claim any benefit.

26. The remuneration per month and other perks/allowances to be paid to the
individual deployed to carry out the services will be paid in accordance with
Schedule given vide Annexure-I after due approvals from PMU Incharge.

27.
a) There will be 6-day working with Sunday as weekly off. In case, in exigency of
service ,the deputed personnel is required to be called on Sunday, suitable
compensatory off will be given in lieu of duty performed on Sunday.

b) Apart from weekly off and one day’s casual leave per month, three National
Holidays will be admissible to the deployed personnel.

28. The service provider will submit the bill in duplicate by month end of following
month for payment. The payment will be made on pro-rata basis whatever the
amount comes to after necessary deduction in terms of non-permissible absence of
the manpower.

BBNL/MH/Technical Support Services/2017/01 Page 26 of 57


29. (a) If for any reason the personnel deployed by the service provider proceeds on
absence, he/she should properly intimate the controlling officer and the concerned
administrative branch before proceeding on such absence. In case of medical
emergency, Service Provider/Personnel on the first day of such absence either
officially or telephonically intimate the controlling officer clearly indicating the
number of days he/she will be absent. The service provider shall provide a substitute
in case the absence exceed 3 days failing which shall invite a penalty of Rs.1000/-
per day from 4th day of absence in addition to deduction of remuneration on prorata
basis.

(b) Unauthorized absence will invite penalty @ Rs. 1000/- per day up to 7 days after
which the Service Provider will terminate the services of such person and provide
regular substitute of such person.

(c) Mobile & Data allowance being paid to the personnel deployed by the service
provider, the personnel shall answer the call / respond to messages at all times.
Failure to answer the call / respond to messages would tantamount to un-authorized
absence and would be dealt accordingly.

30. Payments of the personnel’s to the service provider would be done strictly on
certification by the officer with whom the person is attached in respect of satisfactory
services rendered and attendance and not as per the bill preferred by the service
provider.

31. The service provider shall be contactable at all times on telephone and he will
promptly reply message(s) sent by e-mail/Fax/Special Messenger/Phone from the
BBNL. The service provider shall acknowledge immediately on receipt on the same
day.

32. The agreement can be terminated by BBNL giving one month’s notice in advance.

33. That on the expiry of the agreement as mentioned above, the agency will withdraw
all its personnel and clear their accounts by paying them all their legal dues. In case
of any dispute on account of the termination of manpower by the agency, it shall be
the entire responsibility of the agency to pay and settle the same.

34. The Contract will be initially for a period of Three year extendable up to another one
year on the same terms and conditions. However, BBNL reserves the right to
terminate the contract after giving a notice of one month in advance without
assigning any reason.

35. The successful bidder shall be liable for and make good any damage caused to the
BBNL properties or premises or any part there of or to any fixture or fittings there
of or therein by any act of omission, fault or negligence on his part or on the part of
his employees or agents.

36. Service Provider will maintain an attendance register at work place in respect of the
personnel deployed by the Service Provider.

BBNL/MH/Technical Support Services/2017/01 Page 27 of 57


37. Service provider charges will remain fixed during each year of contract as per
financial bid. No additional service charge on reimbursement of travelling
allowance, night allowance, visit refreshment allowance etc. will be paid by BBNL to
Service provider.

38. CMD BBNL, reserves the right to accept or reject any or all offers without assigning
any reason thereof.

BBNL/MH/Technical Support Services/2017/01 Page 28 of 57


FORM-I
PROFORMA
To,
General Manager (Proj-I),
BBNL, Pune-411045.

Subject: - Providing Technical Support Services on Contract Basis.

Sir,
The undersigned having read and examined in detail the tender document in
respect of providing Technical Support Services on contract basis, do hereby express
our interest to provide such services.

Corresponding Details:

1 Name of the Company


2 Address of the Company
3 Name of the Contact person to whom all
references shall be made regarding this tender
4 Designation and address of the person to whom
all references shall be made regarding this
tender
5 PAN and GST Tax details
6 Telephone (with STD Code)
7 E-mail of the contact person
8 Fax. No. (with STD Code)

It is certified that the persons, who shall engage in providing Technical services are
competent enough and have necessary qualification and experience as specified, for
taking up this assignment.
Thanking you,
Yours faithfully,

(Signature of Authorized Person)


Place: __________ Name
_____________________

Date: ___________ Designation____________


Seal _____________
Business ______________
Address______________

BBNL/MH/Technical Support Services/2017/01 Page 29 of 57


FORM-II

PRIOR EXPERIENCE

(Using the format below, provide information in respect of the each


Department/Agency where services were provided by the bidder during
the last three years along with the satisfactory work done certificate.

1 Name of the Agency/Service Provider,


along with its address and details of
contact person to whom office support
service was provided
2 Type of service provided and their
numbers:
Programmers Project Management Support,
IT Executives, or Network Engineers etc.
(Other Please specify)

3 Work Order/Purchase Order details along


with period of contract
4 Cost/Charges per month

Yours faithfully,

(Signature of Authorized Person)

Place: __________ Name


__________________
Date: ___________ Designation
______________
Seal____________________
Business Address: __________

BBNL/MH/Technical Support Services/2017/01 Page 30 of 57


FORM-III

DECLARATION / UNDERTAKING

I/We, ______________________________Son / Daughter / Wife of Shri


______________ Proprietor / Director, authorized signatory of the Service
Provider / Firm, mentioned above, is competent to sign this declaration and execute
this tender document;
1. I/we have carefully read and understood all the terms and conditions of the tender and
undertake to abide to them;
2. The information / document furnished along with the above application are true and
authentic to the best of my knowledge and belief. I/we am/are well aware of the fact
that furnishing of any false information / fabricated document would lead to rejection
of my tender at any stage besides liabilities towards prosecution under appropriate law.
3. We are not involved in any major litigation that may have an impact or affect or
compromising on the delivery of service as required under this tender.
4. We are not debarred / black-listed by Central Government / State Government / any
Public Sector Undertaking in India.
5. I/we undertake that I/we shall obtain all Registration(s) / Permission(s) / License(s)
etc. which are/may be required under any Labour Law or other Legislation(s) for
providing the services under this NIT / Agreement.
6. It is my/our responsibility to ensure compliance of all the Central and State
Government rules and Regulations with regard to the provisions of the services under
this Agreement. I / We indemnify and shall always keep Department indemnified
against all losses, damages, claims, actions taken against Department by any authority
/ office in this regard.
7. I/we undertake to comply with the applicable provisions of all welfare legislation and
more particularly with the Contract Labour (Regulation and Abolition) Act, 1970, for
carrying out the purpose of this Agreement. I/ We shall further observe and comply
with all Government laws concerning employment of staff employed by me/us and
shall alone be responsible to make monthly wages/salaries and other statutory dues
like Employees Provident Fund, Employees State Insurance, Professional Tax,
Employees Deposit Link Insurance, Bonus Gratuity, Maternity etc. to my/our
employees, which in any case shall not be less than the Minimum Wages as fixed or
prescribed under the Wages Act, 1936, Minimum Wages Act, 1948 (Act XI of 1948),
Contract Labour (Regulation and Abolition) Act 1970 and rules of the Delhi framed
there under for the category of persons employed by me /us from time to time or by
the Central or State Government and / or any authority constituted by or under any
law shall duly pay all sums of money to such staff as may be required to be paid under
such laws. It is expressly understood that I/We am/are fully responsible to ascertain
and understand the applicability of various Acts, and take necessary action to comply
with the requirements of laws.
Yours faithfully

(Signature of Authorized Person(s))


Place: _________________ Name________________
Date: __________________ Designation____________
Seal ________________
Business Address: ________

BBNL/MH/Technical Support Services/2017/01 Page 31 of 57


ANNEXURE-II
Declaration regarding Blacklisted, Debarred

I _____________________son of /wife of
Shri_______________________ and Director / partner/Proprietor of
M/S________________________________
Do hereby solemnly affirm and declare as under:-

1. That I am the sole Proprietor /partner/Director/ of M/s -----------------------


-------------------------------------------------------------------------------------------------
------ which has never ever been debarred and / or black-listed by any Department
of Central Govt. /State Govt./PSU/Public bodies / Municipalities and not having
any ongoing litigation or court case pending or any other money suits. Also state
that the bid is not submitted in the name of this firm while being Director or partner
of such firm which is either debarred, black-listed or has entertained litigation or
having ongoing litigation or court cases or money suits pending regarding the
failure of contractual obligations.

Signature of Proprietor /Partner/Director

Note: If the firm has been debarred and / or blacklisted by any Department of
Central Govt./State Govt./PSU/Public bodies / Municipalities in past and now the
order has been revoked or period finished or court case is under process, then firm
should furnish details of such cases.

BBNL/MH/Technical Support Services/2017/01 Page 32 of 57


SECTION- V

Schedule of Requirement
Qualifications & Experience
Package-A

Network Engineer—18 nos. as per details below


S. No. State No. of Network Engineers
1 Maharashtra 12
2 Gujarat 6

(i) Service to be rendered:

 Providing assistance to GM (PMU) for execution of project.


 Monitoring / supervising of project execution by CPSUs
 Keeping records and control of Inventory.
 Liaisoning with different authorities for ROW cases.
 Handling of project monitoring tools viz Primavera, EPPM and Mobile
APPS etc.
 Ensuring the use of these tools by CPSUs.
 Coordinating various O&M related activities with CPSUs at District level.
 SLA monitoring & verification.
 Management of spares for faulty/theft/damage cases.
 Coordination & supervision for Service creation & Provisioning.
 Supervision of trouble tickets management.
 Population of NMS data for fibre tree.
 Marketing activities at PMU level.
 Any other job/duties assigned from time to time as per needs of BharatNet
Project and O &M.
 Coordinating the Field Technicians & Monitoring their performance.
 Coordinating different executing agencies /O &M agencies for various O &
M activities to ensure end to end SLA.
 Ensure Wi-Fi bidding , provisioning and last mile setup by different
authorities.(Second level /Coordination & Support)
 Inspection for quality of work by Executive Agencies, Private Engineering,
Procurement & Construction (EPCs), State Agencies etc.
 Monitoring and resolving problem of BharatNet Phase-II related works.
 Ensuring use of various monitoring tools like Primavera, Mobile App by
various executing agencies /O&M agencies.

BBNL/MH/Technical Support Services/2017/01 Page 33 of 57


(ii) Age Limit : 18 years to 35 years

(iii) Educational Qualification & Experience:


Any one of the following:
(i) Qualification:
B.E./B. Tech degree in Electronics & Communication/Computer
Science/Information Technology/Electrical & Electronics /M.C.A. or Equivalent
recognized by AICTE/ UGC/Ministry of HRD
Experience:
Minimum One year of relevant Post Qualification working experience in IT /
Telecommunication Systems /Optical Fibres.
OR,
(ii) Qualification:
Three years Diploma or Equivalent recognized by AICTE/ UGC/Ministry of
HRD
Experience:
Minimum 6 years of Post Qualification working experience in IT,
Telecommunication Systems, Optical Fibre etc.

BBNL/MH/Technical Support Services/2017/01 Page 34 of 57


PACKAGE-B
FIELD TECHNICIAN : 88 NOS. as per details below
S. No. State No. of Field Technicians
1 Maharashtra 50
2 Gujarat 38

(i) Service to be rendered:

 Coordination & Liaisoning for the project execution activities at Block level.
 Co-ordination with Executing Agency, Equipment Vendor & Local
authorities for accessibility to ONT site.
 Collection of block level information for further expansion of network
including GIS, Mobile App etc.
 Coordination for carrying out miscellaneous petty works (Infrastructure
related/power/sign writing & display etc.)
 Monitoring of OFC laying works in the blocks, coordination with Sarpanch/
village authority/ block development authority etc. for any issue,
coordination with agencies for RoW issues at block level.
 Assist and coordinate in A/T of OFC and GPON Equipment.
 The O&M of incremental OFC shall be done by BSNL as approved by DoT.
The infrastructure at OLT location shall be maintained by BSNL for which
BSNL shall be paid as agreed upon by the empowered committee. The second
level maintenance shall be done by the equipment vendor. The first level
maintenance is being proposed to be assigned to BSNL on tender discovered
rates. However, the monitoring, coordination, SLA, provisioning etc. are to
be ensured by BBNL.
 Various O&M Activities pertaining to the block like ensuring First Line
Maintenance of OLT/ONT, OFC, Solar Systems by various agencies.
 E2E Testing of Dark Fibers as & when required for O&M
 Ensuring Quality and Security of network at OLT level through assigned
outsourced agency.
 Verification of monthly fault rectification report (for down time calculation)
for the purpose of SLA payment & rebates.
 Distribution of pamphlets etc., liaisoning with outsourced agency for fault
rectification.
 Provisioning of bandwidth.
 Coordinating & support for termination fibre of TSPs/ISPs at OLT/ONT
Sites.

BBNL/MH/Technical Support Services/2017/01 Page 35 of 57


 Processing the cases and estimates for shifting of OFC due to road
widening/road construction /shifting of GPs etc. /Lossy Fibres &
coordinating the execution of same.
 Activities related to Sales and Marketing at Block Level.
 Support for Wi-Fi hotspot implementation in the GPs/Blocks (First Level
Support)
 Monitoring of BharatNet Phase-II related works.
 Any other task assigned as per requirement of project/ O &M.

(ii) Age Limit : 18 years to 30 years

(iii) Educational Qualification & Experience:


Qualification:
10th passed under 10+2 system
The candidate must have completed course in Electronics/ Mechanic/
Electrician/Information Communication Technology/ System
Maintenance /Instrument Mechanic trade from an ITI or similar institute
as recognized by NCVT/SCVT with minimum 60% marks and should have
passed the trade Certificate examination in the first attempt.
Experience:
The candidate should have experience of 1 year Apprenticeship.

BBNL/MH/Technical Support Services/2017/01 Page 36 of 57


ANNEXURE- I
SCHEDULE OF REMUNERATION/WAGES AND OTHER
ALLOWANCES/PERKS

Remuneration of the Technical Support Services to be provided in BBNL:


A: Network Engineer:
1. Consolidated Monthly Remuneration:
Rs. 28,000/- + EPF + ESI as per the prevalent guidelines stipulated by
Employees Provident Fund Organization and ESI Act.
2. Annual increment:
At the rate of Rs. 1000/- per year on satisfactory service shall be admissible
during contract period.
3. Transportation Allowance:
At the rate of Rs 2/- per Km. as per actual journey & maintenance visit
required subject to maximum Rs. 3000/- per month. The travel by other
modes of transportation for purpose of visit will also be included in this limit.
4. Lump Sum Medical Allowance : Rs. 1500/- per month
5. Mobile and data allowance for office use : Rs 1000/- per month
6. Visit Refreshment Allowance etc.:
At the rate Rs 50/- per day for certified field visits.
7. Night stay:
At the rate Rs. 250/- per night subject to production of bills as per approval
of PMU.
8. Group Insurance: All the personnel deployed in BBNL would be covered
under a Group Insurance Scheme of any of the Insurers approved by IRDAI,
for a minimum assured value of Rs.3 Lakhs, to safeguard them against any
accident, mishap, etc. Such premium shall be included under Column 11 of
the Financial Bid at Annexure-A.
9. No Perks or Allowances, other than above, would be admissible.

B. Field Technician –

1. Consolidated Monthly Remuneration:


Rs. 14,000/- + EPF + ESI as per the prevalent guidelines stipulated by
Employees Provident Fund Organization and ESI Act.
2. Annual increment:
At the rate of Rs. 500/- per year on satisfactory service shall be admissible
during contract period.

BBNL/MH/Technical Support Services/2017/01 Page 37 of 57


3. Transport Allowance:
At the rate of Rs 2/- per Km. as per actual journey & maintenance visit
required subject to maximum Rs. 3000/- per month. The travel by other
modes of transportation for purpose of visit will also be included in this limit.
4. Lump Sum Medical Allowance : Rs. 1500/- per month
5. Mobile and data allowance for office use : Rs 1000/- per month
6. Visit Refreshment Allowance etc.: At rate @ Rs 50/- per day for
certified field visits.
7. Night stay: At the Rs. 100/- per night subject to production of bills as per
approval of PMU
8. Group Insurance: All the personnel deployed in BBNL would be covered
under a Group Insurance Scheme of any of the Insurers approved by IRDAI,
for a minimum assured value of Rs.3 Lakhs, to safeguard them against any
accident, mishap, etc. Such premium shall be included under Column 11 of
the Financial Bid at Annexure-B.
9. No Perks or Allowances, other than above, would be admissible.

BBNL/MH/Technical Support Services/2017/01 Page 38 of 57


SECTION-VI
BID FORM
To

General Manager (Proj-I),


BBNL, Pune-411045

Ref: Tender No. BBNL/MH/Technical Support Services /2017/01


Dated 04/08/2017.

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 this Bid.

2. We undertake, if our Bid is accepted, 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 General Commercial Conditions, read with modification, if
any, in Section - IV – “Special Conditions of Contract”,.

3. If our Bid is accepted, we will provide you with a performance guarantee of a


Scheduled Bank for a sum @ 5% of the contract value for the due performance of the
contract.

4. We agree to abide by this Bid for a period of 150 days from the date fixed for Bid
opening or for subsequently extended period, if any, agreed to by us. This bid shall
remain binding upon us up to the aforesaid period and may be accepted at any time
before the expiration of that period.

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

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


alteration and replacement.

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

8. We understand that the Bid document so submitted is the true copy of BBNL tender
documents available on the BBNL e-tendering website
(www.tenderwizard.com/BBNL). Any deviation will result in the rejection of the bid.

Dated this .............................. day of ........................ 2017

Name and Signature ---------


-In the capacity of
Duly authorized to sign the bid for and on behalf of......................................

BBNL/MH/Technical Support Services/2017/01 Page 39 of 57


SECTION – VII
PRICE SCHEDULE
(PROFORMA FOR FINANCIAL BID) TENDER FOR TECHNICAL SUPPORT SERVICES
(Filled form Annexure A & B should not be uploaded in technical bid)

ANNEXURE-A

Package A-Network Engineer


EPF/ESI/Service Charges etc. Total Total Price
Lump Mobile EPF (if ESI (at Any Quoted GST @ Unit (Qty.* Total
Year of contract

Technical sum & Data applicab applicab Other Service 18% on Price Unit Price)
Remuneration per

S. Support Medical Allowa le, at le rates Charge Charge# (4+5+ (4+5+6 Per Month
Quantity

No Service Allowanc nce per applicab as per s/taxes 6+8+1 +8+10+ (column
Consolidated

e per service le rates) ESI Act) (with (Fixed per 0+11+ 11+12+1 3*14)
service full service 12) 3)
service

details) per
month)

Nos Rs. per Rs. per Rs. Per % Rs % Rs. Rs. Rs. Rs. Rs. Rs.
. Month Month Month .
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
1st year 18 28000 1500 1000
Network
1 2nd year 18 29000 1500 1000
Engineer
3rd year 18 30000 1500 1000
Total column 11, 12
Total of column- 11 & 12 (in figures) Rs.

Total of column- 11 & 12 (in words) Rs.


# Service charge should not be less than 2% of total bill amount (for each year) excluding GST.

BBNL/MH/Technical Support Services/2017/01 40


Note-
1. Travelling allowance, Night charges and visit refreshment allowance etc. shall be reimbursed by the Service provider based on the
approval by the PMU I/C to the deployed personnel which will be paid to the service provider on proof of payment
2. Amount may be written in words as well as in figures. In case of any discrepancy between figures and words, the amount written in words
will be taken as final for consideration.
3. No cutting or over writing shall be allowed. Any financial bid with overwriting or cutting will be disqualified.
4. The bidder whose Total of Any other charges / Taxes (Col.11) & Service Charge (Col.12) as arrived in sum of columns-11&12 for three years
is lowest shall be declared Lowest (L-1) bidder.
5. Complete description of charges / Taxes projected under Col.11 may be attached separately.
6. Columns 8, 10, 11 12 & 13 shall be in whole rupees, rounded off, as per the relevant act & rules.

(Signature of Authorized Person of Bidder)


Seal

BBNL/MH/Technical Support Services/2017/01 41


(Filled form should not to be uploaded in technical bid)
ANNEXURE-B

Package B-Field Technician


EPF/ESI/Service Charges etc. Total Total Price
Lump Mobile EPF (if ESI (at Any Quoted GST @ Unit (Qty.* Total

Remuneration per
Year of contract

Technical sum & Data applicab applicab Other Service 18% on Price Unit Price)
S. Support Quantity Medical Allowa le, at le rates Charge Charge# (4+5+6 (4+5+6 Per Month

Consolidated
No Service Allowanc nce per applicab as per s/taxes +8+10 +8+10+ (column
e per service le rates) ESI Act) (with full (Fixed per +11+12) 11+12 3*14)

service
service details) person +13)
per
month)
Nos Rs. per Rs. per Rs. Per % Rs % Rs. Rs. Rs. Rs. Rs. Rs.
. Month Month Month .
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
1st year 88 14000 1500 1000
Field
1 2nd year 88 14500 1500 1000
Technician
3rd year 88 15000 1500 1000
Total column 11, 12
Total of column- 11 & 12 (in figures) Rs.
Total of column- 11 & 12 (in words) Rs.
# Service charge should not be less than 2% of total bill amount (for each year) excluding GST.
Note-
1. Travelling allowance, Night charges and visit refreshment allowance etc. shall be reimbursed by the Service provider based on the
approval by the PMU I/C to the deployed personnel which will be paid to the service provider on proof of payment
2. Amount may be written in words as well as in figures. In case of any discrepancy between figures and words, the amount written in words
will be taken as final for consideration.
3. No cutting or over writing shall be allowed. Any financial bid with overwriting or cutting will be disqualified.

BBNL/MH/Technical Support Services/2017/01 42


4. The bidder whose Total of Any other charges / Taxes (Col.11) & Service Charge (Col.12) as arrived in sum of columns-11&12 for three years
is lowest shall be declared Lowest (L-1) bidder.
5. Complete description of charges / Taxes projected under Col.11 may be attached separately.
6. Columns 8, 10, 11 12 & 13 shall be in whole rupees, rounded off, as per the relevant act & rules.

(Signature of Authorized Person of Bidder)


Seal

BBNL/MH/Technical Support Services/2017/01 43


SECTION VIII

BID SECURITY FORM


Whereas.................................. (hereinafter called "the Bidder") has submitted
its bid dated............for the supply of ........................ vide Tender
No…………………… dated............ KNOW ALL MEN by these presents that WE
.......................of.................... having our registered office at
.................(hereinafter called "the Bank") are bound unto Bharat Broadband
Network Limited (hereinafter called "the Purchaser") in the sum of
Rs.................... for which payment will and truly to be made to the said
Purchaser, the Bank binds itself, its successors and assigns by these present.

The Conditions of the obligation are:

1. If the Bidder withdraws or amends its bid or impairs or derogates from


the bid in any respect during the period of bid validity specified by the
Bidder on the Bid form or extended subsequently; or

2. If the Bidder, having been notified of the acceptance of its bid by the
Purchaser during the period of bid validity
(a) fails or refuses to execute the Contract, if required; or

(b) Fails or refuses to furnish the Performance Security within


the specified time, in accordance with the instructions to
Bidders.

We undertake to pay to the Purchaser up to the above amount upon receipt of


its first written demand, without the purchaser having to substantiate its
demand, provided that in its demand, the purchaser will note that the amount
claimed by it is due to it owing to the occurrence of one or both of the two
conditions, specifying the occurred condition or conditions.

This guarantee will remain in force as specified in the Bid Document up to and
including THIRTY (30) days after the Period of bid validity and any demand in
respect thereof should reach the Bank not later than the specified date/dates.

Signature of the Bank Authority.


Name

Signed in Capacity of

Name & Signature of witness Full address of Branch

Address of witness Tel No. of Branch

Fax No. of Branch

BBNL/MH/Technical Support Services/2017/01 44


SECTION –IX

Compliance (Clause by Clause) Certificate


(Strike-off whatever is not applicable)

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.

(Sign. Of the bidder with seal)

OR

Declaration of Deviation (If any)

It is to certify that the tender document is carefully read & understood


and all the sections and clauses are complied unconditionally &
unequivocally except the following deviations from the terms &
conditions of the tender:
A)
B)
C)
D)

(Sign. Of the bidder with seal)

BBNL/MH/Technical Support Services/2017/01 45


SECTION –X
LETTER OF AUTHORISATION FOR ATTENDING BID OPENING
(To be typed preferably on letterhead of the company)
To
General Manager (Proj-I),
BBNL, Pune-411045

Subject: Authorization for attending bid opening on (date) in the


Tender of ________________________________________.
.

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).

Following persons are hereby authorized to attend the bid opening for the tender
mentioned above on behalf of ……………………………………………………(Bidder) in order of
preference given below.

Order of Preference Name & Contact Mobile No. Specimen Signatures

I.

II.

Alternate Representative

Signatures of bidder/ Officer authorized to sign the bid Documents on behalf of the bidder.

Note: 1 Maximum of two representatives will be permitted to attend bid opening. In


cases where it is restricted to one, first preference will be allowed. Alternate
representative will be permitted when regular representatives are not able to
attend.
2. Permission for entry to the hall where bids are opened, may be refused in
case authorization as prescribed above is not received.

BBNL/MH/Technical Support Services/2017/01 46


SECTION XI
PERFORMANCE SECURITY GUARANTEE BOND

In consideration of the CMD, Bharat Broadband Network Limited (hereinafter


called 'BBNL') having agreed to accept ___________________ (hereinafter
called 'the said contractor(s)') from the demand under the terms and conditions of
an agreement/Advance Purchase Order No ________________ dated
____________ made between _____________________ and
__________________ for the supply of _______________________
(hereinafter called "the said agreement "), of security deposit for the due
fulfillment by the said contractor (s) of the terms and conditions contained in the
said Agreement, on production of the bank guarantee for
_____________________________________we, (name of the bank)
_________________________ ( hereinafter refer to as "the bank") at the
request of ___________________________________ (contractor(s)) do
hereby undertake to pay to the BBNL an amount not exceeding
___________________ against any loss or damage caused to or suffered or
would be caused to or suffered by BBNL by reason of any breach by the said
Contractor(s) of any of the terms or conditions contained in the said Agreement.
2. We (name of the bank) ____________________ do hereby undertake to
pay the amounts due and payable under this guarantee without any demure, merely
on a demand from the BBNL by reason of breach by the said contractor(s)' of any
of the terms or conditions contained in the said Agreement or by reason of the
contractors(s)' failure to perform the said Agreement. Any such demand made on
the bank shall be conclusive as regards the amount due and payable by the Bank
under this guarantee where the decision of BBNL in these counts shall be final and
binding on the bank. However, our liability under this guarantee shall be restricted
to an amount not exceeding ___________________________________.
3. We undertake to pay to the BBNL any money so demanded notwithstanding
any dispute or disputes raised by the contractor(s)/supplier(s) in any suit or
proceeding pending before any court or tribunal relating thereto our liability under
this present being absolute and unequivocal. The payment so made by us under this
bond shall be valid discharge of our liability for payment there under and the
contractor(s)/supplier(s) shall have no claim against us for making such payment.
4. We( name of the bank)_________________________ further agree that
the guarantee herein contained shall remain in full force and effect during the
period that would be taken for the performance of the said agreement and that it
shall continue to be enforceable till all the dues of the BBNL under or by virtue of
the said Agreement have been fully paid and its claims satisfied or discharged or
till ________________________(office/ Department) BBNL certifies that the
terms and conditions of the said Agreement have been fully or properly carried out
by the said contractor(s) and accordingly discharges this guarantee. Unless a
demand or claim under this guarantee is made on us in writing on or before the
expiry of Three and Half Years (as specified in A. P.O) from the date hereof, we
shall be discharged from all liabilities under this guarantee thereafter.

BBNL/MH/Technical Support Services/2017/01 47


5. We (name of the bank)_________________________ further agree with
the BBNL that the BBNL shall have the fullest liberty without our consent and
without affecting in any manner our obligations hereunder to vary any of the terms
and conditions of the said Agreement or to extend time of performance by the said
contractor(s) from time to time or to postpone for any time or from time to time
any of the powers exercisable by the BBNL against the said Contractor(s) and to
forbear or enforce any of the terms and conditions relating to the said agreement
and we shall not be relieved from our liability by reason of any such variation, or
extension being granted to the said Contractor(s) or for any forbearance, act or
omission on the part of the BBNL or any indulgence by the BBNL to the said
Contractor(s) or by any such matter or thing whatsoever which under the law
relating to sureties would, but for this provision, have effect of so relieving us.

6. This guarantee will not be discharged due to the change in the constitution
of the Bank or the Contractor(s)/ supplier(s) or BBNL.

7. We (name of the bank) ____________________ lastly undertake not to


revoke this guarantee during its currency except with the previous consent of the
BBNL in writing.

(Signature of the Bank Officer)


Place: ……………………………

Date: …………………………….

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………………………………………………………………….

BBNL/MH/Technical Support Services/2017/01 48


SECTION-XII
Special Instruction to Bidders for e-tendering

The Special Instructions (for e-Tendering) supplement “General Instructions to Bidders”, as


given in the Tender Document. Submission of online Bids is mandatory for this Tender. The
entire bid-submission would be online on the portal (unless specified for Offline
Submissions).
For conducting electronic tendering, BBNL is using the portal
(https://www.tenderwizard.com/BBNL) of M/s ITI Ltd, a Government of India Undertaking.
1.0 Tender Bidding Methodology:
E-Tendering is a new methodology for conducting Public Procurement in a transparent
and secured manner. Now, the Government of India has made e- tendering mandatory.
Suppliers/ Vendors will be the biggest beneficiaries of this new system of procurement. For
conducting electronic tendering, BBNL has decided to use the portal
www.tenderwizard.com/BBNL (hereinafter called tenderwizard portal) through ITI, a Central
Government Public Sector Enterprise. This portal is based on the “secure‟ and “User friendly”
software and is referred as the Portal in this document.
2.0 Procedure outlines of activities from Bidders perspective:
(i) Procure a Digital Signing Certificate (DSC).
(ii) Register on tenderwizard portal.
(iii) View Notice Inviting Tender (NIT) and download official copy of Tender Documents
from tenderwizard portal.
(iv) Bid-Submission on tenderwizard portal.
(v) Attend Public Online Tender Opening Event (TOE) on tenderwizard portal
(vi) Opening of Financial-part (Only for Technical Responsive Bidders).
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 tenderwizard portal.
2.1 Digital Certificates:
It is mandatory for all the bidders to have class-III Digital Signature Certificate (in the name
of person who will sign the Bid) from any of the licensed Certifying Agency (Bidders can see
the list of licensed CA’s from the link www.cca.gov.in) to participate in e-tendering of BBNL.
2.2 Registration on tenderwizard portal:
All the Contractors intending to participate in the tenders floated online using Electronic
Tendering System (ETS) are required to get registered on the tenderwizard Portal (website)
http://www.tenderwizard.com/BBNL
After successful Registration on above mentioned portal contractor will get a User ID and
Password to access the website. The Vendor Registration Fees of Rs.2500/-(Excluding GST:
Exclusive of Taxes and valid for one year) is required to be paid on tenderwizard portal
by e-Payment Gateway.
Note: After successful submission of Registration details and Annual Registration Fee (as
applicable), please contact ITI Helpdesk (as given below), to get your registration
accepted/activated.
Contact Details for Online E-Tendering System (ETS)
BBNL/MH/Technical Support Services/2017/01 49
1. Help Desk Contact Details - Tel: 080‐49352000
2. Mr.Sanjay K.Chandak , M/s ITI Ltd, Ph:9665721619
(E-mail: sanjaykchandak99@gmail.com & twhelpdesk358@gmail.com.
3. Mr. Manoj Kumar Dubey M/s ITI Ltd, Ph: 7666563870 / 7980042472.
All the bidders are requested to get themselves registered well in advance and no extra time
will be considered for the delay in on-line Vendor Registration, if any. In case bidders wait till
the last moment for uploading tenders, and if any technical problem is encountered at that
time, the Bid closing time may elapse. Therefore submit your bids well in advance of tender
submission deadline on the portal (There could be last minute problems due to internet
timeout, breakdown, etc.). Please note that even after acceptance of your registration by the
Service Provider, to respond to a tender you will also require time to complete activities related
to your organization.
2.3 Viewing NIT and downloading of Tender:
The contractors/bidders can view the details like Tender Notice, Terms and Conditions and
any other information on portal http://www.tenderwizard.com/BBNL in “Tender
Free View”. The contractors/bidders can view the Online Scheduled dates of e-tendering
System (time schedule) hereinafter referred as “Key Dates” for the tenders floated using the
online electronic tendering system on above mentioned portal (website)
http://www.tenderwizard.com/BBNL. Bidder can download the tender document after
login to the above portal.
The bidders are strictly advised to follow dates and time as mentioned in Key Dates of a
particular tender. The date and time will be binding on all the bidders. The bidders are
required to complete the stage within the stipulated time as per the schedule (Key Dates) to
continue their participation in the tender. All online activities are time tracked and the system
enforces time locks that ensure that no activity or transaction can take place outside the start
and end dates and time of the stage as defined. The bidder should ensure that the status of a
particular stage should be shown as “Completed” before the expiry date and time of that
particular stage and they should possess a copy of receipt of completion of each stage to be
performed from their end which should match with the status with their offer on online portal.
It will be the sole responsibility of the bidder if the status of a particular stage is “Pending” till
the expiry date and time of that stage and he is not able to proceed further in the eTendering
process. The Key dates are subject to change in case of any amendment in schedule due to any
reason stated by BBNL.
2.4 Bid submission:
All bidders must note that this, being E-tender, bids received only through online (unless
specified for offline submission) on E- tendering portal www.tenderwizard.com/BBNL shall
be considered as an offer. Any bid submitted in paper form will not be received and
opened and shall be summarily rejected.
Procedure for bid submission:
a) Register your company in website www.tenderwizard.com/BBNL for obtaining a
Login ID and Password
b) Download tender document using the login ID, password and digital signature.
c) Attach supporting documents first in “Document Library”. Then attach them by
selecting in particular tender.
d) Submit the tender. You will receive a system generated “Acknowledgement Copy” of
tender submission.

BBNL/MH/Technical Support Services/2017/01 50


e) Bidder can change/revise their quoted rates any number of times before tender closing
date & time.
Bidder must submit the offer online before the closing date & time. The website will
automatically stop accepting the offer after online closing date and time.
2.4.1 Offline Submissions:
The bidder is requested to submit the following documents offline to General Manager
(Proj-I), 2nd floor, BSNL Telephone Exchange building, Baner Road, Baner, Pune
(MH) – 411045 on or before the date & time of submission of bids in the Sealed Envelope
otherwise bids will not be opened.
a) DD/ Bankers cheque against payment of tender fee in accordance with details
mentioned in the detailed NIT.
b) EMD-Bid Security in Original in accordance with details mentioned in the detailed
NIT.
c) Original copy of Power-of-attorney.
The envelopes shall bear (name of the work), the tender number and the words ‘DO NOT
OPEN BEFORE’ (due date & time).
2.5 Public Online Tender Opening Event (TOE):
The portal offers a unique facility for “Public Online Tender Opening Event (TOE). Tender
opening officers as well as authorized representatives of bidders can simultaneously attend the
Public Online Tender Opening Event (TOE) from the comfort of their offices. Alternatively,
one/ two duly authorized representative(s) of bidders (i.e. Supplier organization) are
requested to carry a Laptop with Wireless Internet Connectivity, if they wish to come to BBNL
office for the Public Online TOE.
2.6 Bid opening:
The bids shall be opened in two stages. During the first Tender Opening Event (TOE), only
the Technical-Part of the bids shall be opened. Subsequently, the Financial-Part of those bids
which are found to be techno-commercially responsive shall be opened during another Tender
Opening Event (TOE).
3.0 E-Reverse Auction (Optional): Not Applicable.
4.0 Minimum Requirements at Bidders end
Minimum Requirements at Bidder’s end:
• Computer System with good configuration (Min PIV, 1 GB RAM, Windows
XP with service pack 3)
• Broadband connectivity
• Microsoft Internet Explorer 6.0 or above
• Digital Certificate(s) class-3
The detailed requirements are available on home page www.tenderwizard.com/BBNL,
link name: “System Requirement”.
At the time of first login, bidder must do the settings as given in Verify PKI setting link.
5.0 Vendors Training Program (Optional):
One day training on using the portal (11:00 to 17:00 hrs) would be provided by M/s ITI.
Training is optional. Vendors are requested to carry a Laptop and Wireless Internet
Connectivity. The training schedule is as below-

BBNL/MH/Technical Support Services/2017/01 51


S.No Place/City Date of Training
1 Pune 06/10/2017

2 Mumbai 06/10/2017

3 Ahmedabad 04/10/2017

Interested bidders may please contact to GM (Proj-I/II), BBNL, Pune 020-27292400 or


Mr. Sanjay K. Chandak , M/s ITI Ltd, Mobile - 9665721619.

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 the portal.
For further instructions the vendor should visit the home page of the portal
www.tenderwizard.com/BBNL.

BBNL/MH/Technical Support Services/2017/01 52


SECTION XIII
FORMAT OF INTEGRITY PACT.
INTEGRITY PACT

Between
Bharat Broadband Network Limited (BBNL) hereinafter referred to as “The Principal”
and
………………………………..hereinafter referred to as “The Bidder/Contractor”

Preamble
The Principal intends to award, under laid down organizational procedures, contract/s for ---
-------------- --------------------------. The Principal values full compliance with all relevant laws
and regulations, and the principles of economic use of resources, and of fairness and
transparency in its relations with its Bidder/s and Contractor/s.
In order to achieve these goals, the Principal will appoint an Independent External Monitor
who will monitor the tender process and the execution of the contract for compliance with the
principles mentioned above.
Section 1 – Commitments of the Principal
(1) The Principal commits itself to take all measures necessary to prevent corruption and
to observe the following principles:-
(a) No employee of the Principal, personally or through family members, will in
connection with the tender for, or the execution of a contract, demand, take a
promise for or accept, for him/herself or third person, any material or
immaterial benefit which he/she is not legally entitled to.
(b) The Principal will, during the tender process treat all Bidder(s) with equity and
reason. The Principal will in particular, before and during the tender process,
provide to all Bidder(s) the same information and will not provide to any
Bidder(s) confidential/additional information through which the Bidder(s)
could obtain an advantage in relation to the tender process or the contract
execution.
(c) The Principal will exclude from the process all known prejudiced persons.

(2) If the Principal obtains information on the conduct of any of its employees which is a
criminal offence under the IPC / PC Act, or if there be a substantive suspicion in this
regard, the Principal will inform the Chief Vigilance Officer and in addition can initiate
disciplinary actions.

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

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

BBNL/MH/Technical Support Services/2017/01 53


(a) Thee Bidder(s)/Contractor(s) will not, directly or through any other person or
firm, offer, promise or give to any of the Principal’s employees involved in the
tender process or the execution of the contract or to any third person any
material or immaterial benefit which he/she is not legally entitled to, in order
to obtain in exchange any advantage of any kind whatsoever during the tender
process or during the execution of the contract.
(b) The Bidder(s)/Contractor(s) will not enter with other Bidder(s) into any
undisclosed agreement or understanding, whether formal or informal. This
applies in particular to prices, specifications, certifications, subsidiary
contracts, submission or non-submission of bids or any other actions to restrict
competitiveness or to introduce cartelization in the bidding process.
(c) The Bidder(s)/Contractor(s) will not commit any offence under the relevant
IPC / PC Act; further the Bidder(s)/Contractor(s) will not use improperly, for
purposes of competition or personal gain, or pass on to others, any information
or document provided by the Principal as part of the business relationship,
regarding plans, technical proposals and business details, including
information contained or transmitted electronically.
(d) The Bidder(s)/Contractor(s) of foreign origin shall disclose the name and
address of the Agents / representatives in India, if any. Similarly, the bidder(s)
/ contractor(s) of Indian Nationality shall furnish the name and address of
foreign principals, if any.
(e) The Bidder(s)/Contractor(s) will, when presenting his bid, disclose any and all
payments he has made, is committed to or intends to make to agents, brokers
or any other intermediaries in connection with the award of the contract.

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

Section 3 – Disqualification from tender process and exclusion from future


contracts

If the Bidder(s)/Contractor(s), before contract award or during execution has committed a


transgression through a violation of Section 2, above or in any other form such as to put his
reliability or credibility in question, the Principal is entitled to disqualify the
Bidder(s)/Contractor(s) from the tender process or take action as per the defined procedure.
Section 4 – Compensation for Damages
(1) If the Principal has disqualified the Bidder(s) from the tender process prior to the
award according to Section 3, the Principal is entitled to demand and recover the
damages equivalent to Earnest Money Deposit / Bid Security.

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

Section 5 – Previous transgression


(1) The Bidder declares that no previous transgression occurred in the last three years
with any other Company in any country conforming to the Anti-corruption approach

BBNL/MH/Technical Support Services/2017/01 54


or with any other Public Sector Enterprise in India that could justify his exclusion from
the tender process.

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

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


(1) The principal will enter into agreements with identical conditions as this one with all
Bidders/Contractors.
(2) The Bidder(s)/Contractor(s) undertake(s) to demand from all subcontractors a
commitment in conformity with this Integrity Pact.
(3) The Principal will disqualify from the tender process all bidders who do not sign this
Pact or violate its provisions.

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


Subcontractor(s)
If the Principal obtains knowledge of conduct of a Bidder, Contractor or Subcontractor, or of
an employee or a representative or an associate of a Bidder, Contractor or Subcontractor,
which constitutes corruption, or if the Principal has substantive suspicion in this regard, the
Principal will inform the same to the Chief Vigilance Officer.
Section 8 – External Independent Monitor/Monitors
(1) Principal appoints competent and credible Independent External Monitor for this Pact.
The task of the Monitor is to review independently and objectively, whether and to
what extent the parties comply with the obligations under this agreement.

(2) The Monitor is not subject to instructions by the representatives of the parties and
performs his functions neutrally and independently. He reports to the Chairman and
Managing Director (CMD) BBNL.

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

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

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

BBNL/MH/Technical Support Services/2017/01 55


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

(7) If the Monitor has reported to the CMD BBNL, a substantiated suspicion of an offence
under relevant IPC / PC Act, and CMD BBNL has not, within reasonable time, taken
visible action to proceed against such offence or reported it to the Chief Vigilance
Officer, the Monitor may also transmit this information directly to the Central
Vigilance Commissioner, Government of India.
(8) The word ‘Monitor’ would include both singular and plural.
Section 9 – Pact Duration
This Pact begins when both parties have legally signed it. It expires for the Contractor 10
months after the last payment under the contract, and for all other Bidders 6 months after the
contract has been awarded.
If any claim is made/ lodged during this time, the same shall be binding and continue to be
valid despite the lapse of this pact as specified above, unless it is discharged/determined by
CMD, BBNL.
Section 10 – Other provisions
(1) This agreement is subject to Indian Law. Place of performance and jurisdiction is the
Registered Office of the Principal, i.e. New Delhi.

(2) Changes and supplements as well as termination notices need to be made in writing.
Side agreements have not been made.

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

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

-------------------------------- ----------------------------------

For and on behalf of the Principal For and on behalf of the Bidder/Contractor

(Office Seal) (Office Seal)

Place……………………
Date ……………………

Witness 1: ………………………………
BBNL/MH/Technical Support Services/2017/01 56
(Name & Address)

Witness 2: ………………………………

(Name & Address)

BBNL/MH/Technical Support Services/2017/01 57

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