Professional Documents
Culture Documents
Tender Document
For
SECTION –I
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:-
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.
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.
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
20. All computer generated documents should be duly attested/signed by the issuing
organization.
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.
INSTRUCTIONS TO BIDDERS
INTRODUCTION
1. DEFINITIONS:
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)
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.
4.1 The services required, bidding procedures and contract terms are prescribed
in the bid document. The bid document includes:
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.
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.
6.1 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.
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.
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.
10.1 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.
11.1 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 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.
12.4. 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.
(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.
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.
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
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.
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.
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.
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).
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.
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.
21.5 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.
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.
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:
24.1 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.
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.
27.1 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.
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.
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.
30.1 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.
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:
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.
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
5.1 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
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.
6.1 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
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
(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.
38. CMD BBNL, reserves the right to accept or reject any or all offers without assigning
any reason thereof.
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:
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,
PRIOR EXPERIENCE
Yours faithfully,
DECLARATION / UNDERTAKING
I _____________________son of /wife of
Shri_______________________ and Director / partner/Proprietor of
M/S________________________________
Do hereby solemnly affirm and declare as under:-
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.
Schedule of Requirement
Qualifications & Experience
Package-A
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.
B. Field Technician –
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”,.
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.
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.
ANNEXURE-A
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.
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.
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
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.
Signed in Capacity of
OR
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.
I.
II.
Alternate Representative
Signatures of bidder/ Officer authorized to sign the bid Documents on behalf of the bidder.
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.
Date: …………………………….
2 Mumbai 06/10/2017
3 Ahmedabad 04/10/2017
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.
(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.
(2) The Bidder(s)/Contractor(s) will not instigate third persons to commit offences
outlined above or be an accessory to such offences.
(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.
(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.
(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.
(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
Place……………………
Date ……………………
Witness 1: ………………………………
BBNL/MH/Technical Support Services/2017/01 56
(Name & Address)
Witness 2: ………………………………