You are on page 1of 62

BHARAT BROADBAND NETWORKLIMITED

(A GOVERNMENTOF INDIA UNDERTAKING)

Tender No. BBNL/7183/Technical Support Services /2018/19


Date: 24/10/2018

Tender Document

For

“Providing Technical Support Services in BBNL PMUs” in


MP

Office of the State Head BBNL M.P.


30/9A, New Saket Nagar, BHOPAL - 462024

BBNL/7183/State Head MP/Technical Support Services/2018/19 Page 1 of 62


BHARAT BROADBAND NETWORK LIMITED
(A Govt. of India Undertaking)
Corporate Identification No.:- U64100DL2012GOI232070
R.O.:- Room No. 324, 3rd Floor, C-DOT Campus, MandiGaon 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/7183/Technical Support Services /2018/19


Dated 24/10/2018.

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. The Services to
be provided are as mentioned below:-

Sl. Category Name of Service Number of


No. Services
1 Package-A Providing Network Engineers 26
2 Package-B Providing Field Technicians 157

2. Accessibility of Tender Document:


The Tender document for participating in e-Tender shall be available for
downloading from 25/10/2018 at 17:00Hrs onwards till 24/11/2018 at
13:00hrs from https://www.tcil-india-electronictender.com. 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 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. Estimated cost of tender is 17.77 crores.
3. The cost of document is Rs.4720/-(inclusiveGST@18%).DD/Bankers Cheque
of an amount of Rs. 4720/-(Rupees Four thousand seven hundred and
twenty 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 State Head MP (30/9A New Saket
Nagar,BHOPAL-462024) in the separate envelop, failing which the tender bid
will be straight away rejected.
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.

BBNL/7183/State Head MP/Technical Support Services/2018/19 Page 2 of 62


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 T ender 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 t h e information
as prescribed in tender document. The “Financial Bid” must c o n t a i n the rate
for providing Services on monthly basis.
5. The bidders are requested to submit off-line document in sealed envelope
super-scribed “Tender for Providing Technical Support Services” and
addressed to the State Head M P ( 3 0 / 9 A , N e w S a k e t N a g a r
B H O P A L - 4 6 2 0 2 4 ) on or before 24/11/2018 by 13.30hrs.

6. The on line Technical bids will be opened online on the same day at
15:00hrs on 24/11/2018 at BHOPAL (3 0 / 9 A N e w S a k e t N a g a r
B H O P A L - 4 6 2 0 2 4 ) 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 alternate 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:


The Bidders shall furnish the EMD / Bid Security f o r R s . 3 5 . 6 / - L a k h s
(Rupees Thirty five lakhs sixty thousand only)
The EM D/ 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.

BBNL/7183/State Head MP/Technical Support Services/2018/19 Page 3 of 62


c) The EMD/Bid security shall be submitted before the schedule date and time
of submission of bids to the State Head MP(30/9A New Saket Nagar
Bhopal-262024) in the separate envelop, failing which the tender bid will
be rejected.

12. Last Date & Time of on line Submission of Tender Bid: Up-to 24/11/2018
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.

13. Online Opening of Tender Bids At 15:00Hrs. o n 2 4 /11/2018

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 representative so if bidder scan 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, MP(30/9A New Saket Nagar Bhopal-462024),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
addition/deletion corrections have been made in the downloaded tender document
being submitted and it is identical to the tender document appearing one- 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.

BBNL/7183/State Head MP/Technical Support Services/2018/19 Page 4 of 62


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 24/10/2018
Starting of Downloading Tender 25/10/2018 17.00hrs.
document
Document
Closure of Downloading of Tender 24/11/2018 13.00 hrs.
document
Vendor Training (optional) 01/11/2018 11.00hrs.
Pre Bid Meeting 05/11/2018 14.30 hrs

Last Date &Time of seeking 05/11/2018 17.00 hrs.


clarifications
Last Date & Time of Submission of bids 24/11/2018 13.30hrs.
on Line and offline documents
Opening of Technical Bids 24/11/2018 15.00 hrs.
Estimated Cost of Tender Rs.17.77 Cr.
EMD Rs.35.60 Lakhs

Office of State Head MP(30/9A New Saket Nagar


Bhopal-462024)
Phone No.07552427140
e-mailid-gmbbnlbhopal@gmail.com

BBNL/7183/State Head MP/Technical Support Services/2018/19 Page 5 of 62


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 there to 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 Agency/Service Provider who are
Proprietorship firms or registered under Indian Partnership Act,1932 or limited

BBNL/7183/State Head MP/Technical Support Services/2018/19 Page 6 of 62


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.2015-16, 2016-17 & 2017-18 should not be less than Rs.
5.33 /- crores(Rupees five crores thirty three lakhs only)

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


Accountant Certificate for the years 2015-16, 2016-17 & 2017-18.

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 Organization amounting to minimum Rs.1.77 crores (one crore seventy
seven lakhs Rupees) in any one year during last three financial years i.e.
2015-16, 2016-17 & 2017-18.

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 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 include:

Sl.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 Proforma For Bid Security Section VIII
9 Clause by Clause Compliance Section IX
10 Letter of Authorization for Attending Bid Opening Section X

BBNL/7183/State Head MP/Technical Support Services/2018/19 Page 7 of 62


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.

5.0 CLARIFICATION OF BID DOCUMENTS:

5.1 Prospective bidders requiring any clarification on the Bid Documents shall notify
the purchaser on line by using the ETS 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 ETS 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:

BBNL/7183/State Head MP/Technical Support Services/2018/19 Page 8 of 62


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. 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 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. 2015-
16, 2016-17 & 2017-18.
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.

BBNL/7183/State Head MP/Technical Support Services/2018/19 Page 9 of 62


(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.
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:


Pursuant to clause 7,the bidder shall furnish, as part of its bid, EMD/ bid security
for an amount of Rs. 35.60/-lakhs(Thirty five lakhs and sixty thousand rupees
only). 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 for feature of bid security pursuant to
para12.7.
12.3. The E MD / 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 of180 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 MD / 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 clause13.
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 27and furnishing the performance security.

12.7. The bid security may be forfeited:

BBNL/7183/State Head MP/Technical Support Services/2018/19 Page 10 of 62


(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
clause27.
(c) In both the above cases,i.e12.7(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.

BBNL/7183/State Head MP/Technical Support Services/2018/19 Page 11 of 62


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.

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 ETS 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 dead line for submission of bids
prescribed by the purchaser pursuant to clause16,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:

BBNL/7183/State Head MP/Technical Support Services/2018/19 Page 12 of 62


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).

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 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
whether 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.

BBNL/7183/State Head MP/Technical Support Services/2018/19 Page 13 of 62


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.

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 the Total of (1).Any Other Charges/taxes and( 2). Contractor Service Charge excluding
GST, i.e. Total of Columns 11 & 12 as filled in column 13.

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 2.06%(inclusive of cess and TDS) of
the Bill value, which is the TDS deducted by Government before making
payment for services , . Bill value includes payment to the deputed persons and
the service charge of the contractor/service provider excluding GST.

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.

BBNL/7183/State Head MP/Technical Support Services/2018/19 Page 14 of 62


F AWARD OF CONTRACT:

24.0 PLACEMENT OF WORK ORDER:

24.1 (a)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.
(b)The participating MSEs quoting price band of L1+ 15 percent under package B
shall also be allowed to supply a portion up to 20percent of the requirement by
bringing down there price to L1,price where L1 is non-MSEs. In case of more than
one such MSE,the supply shall be shared equally.
24.2 (i) BBNL will award /distribute the work under Package-A, 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.
(ii) 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 Package-B
(i)(a) 20% of the tendered quantity is earmarked for procurement from the
eligible Micro &small Enterprises (MSEs)
(b)The bidder with the lowest evaluated price will be considered for 70% of the
80% of the tendered quantity and L-2 will be considered for 30% of the 80% of the
tendered quantity.
(ii)(a) However, in case eligible Micro & Small Enterprises (MSEs) bidder (s) is not
available then this quantity would be deserved and procures from participating bidders
(b) The bidder with the lowest evaluated price will be considered for 70% of the total
tendered quantity and L-2 will be considered for 30% of the total tendered quantity.
(iii) 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.

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 service 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 vendors 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 with in 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.

BBNL/7183/State Head MP/Technical Support Services/2018/19 Page 15 of 62


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 AND 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

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 clause30.1of Section II, the bidder company is
given opportunity to explain their position, however if the person representing the

BBNL/7183/State Head MP/Technical Support Services/2018/19 Page 16 of 62


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 un suitable 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.

30.5. If there viewing 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. Incase 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."

BBNL/7183/State Head MP/Technical Support Services/2018/19 Page 17 of 62


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/tampered/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.

SECTION-III
GENERAL (COMMERCIAL) CONDITIONS OF CONTRACT

1. APPLICATION:

BBNL/7183/State Head MP/Technical Support Services/2018/19 Page 18 of 62


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 bya
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 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.

BBNL/7183/State Head MP/Technical Support Services/2018/19 Page 19 of 62


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:
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 through User
PMU, every month for the services rendered in the preceding calendar month
positively. Bills will be raised in the name and with GSTIN of State Head of BBNL
of User PMU.
7.1 For claiming 100% payments following documents are required to be produced
before paying authority:
(i) Invoice
(ii) Copy of Work Order.
(iii) Proof of service offered
(iv) Proof of EPF& 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 man date for receiving payment a g g r e g a t i n g t o
Rs.5lacs 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 and other statutory duties during the 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 during the contract period, the purchaser shall
revise the prices as per new duties/taxes for the services, to be provided

BBNL/7183/State Head MP/Technical Support Services/2018/19 Page 20 of 62


duringtheremainingdeliveryperiodaspertermsandconditionsofthepurchaseorder.
.
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 byBBNL.Beyond21 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.
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.

iii) The Service Provider consistently provides unsatisfactory services.

BBNL/7183/State Head MP/Technical Support Services/2018/19 Page 21 of 62


iv) 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.
v) 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 so le
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 or the time being
entrusted (whether in addition to his own duties or otherwise)with the functions of
the CMD, BBNL or by what ever designation such an officer may be called (here in
after 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
them after 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 al l 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
modification there off or 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:

BBNL/7183/State Head MP/Technical Support Services/2018/19 Page 22 of 62


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 COURTJURISDICTION
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 Bhopal (place) only”.

BBNL/7183/State Head MP/Technical Support Services/2018/19 Page 23 of 62


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.

BBNL/7183/State Head MP/Technical Support Services/2018/19 Page 24 of 62


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.

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 deployed staff 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
must be filled up by Bidder in Column 11 of the Financial Bid at
Annexure-A of Network Engineers and Annexure-B of Field
Technicians. If Bidder leave column 11 blank or enter zero or
irrelevant value than his/her financial bid will be rejected.

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.

BBNL/7183/State Head MP/Technical Support Services/2018/19 Page 25 of 62


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.

11. 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 7 thof 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.

BBNL/7183/State Head MP/Technical Support Services/2018/19 Page 26 of 62


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 7days.

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.
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.

BBNL/7183/State Head MP/Technical Support Services/2018/19 Page 27 of 62


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 In charge.

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.

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.
30. 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 pro-rata 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
unauthorized absence and would be dealt accordingly.

31. 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.

BBNL/7183/State Head MP/Technical Support Services/2018/19 Page 28 of 62


32. 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.

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

34. 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.

35. 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.

36. 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.

37. Service Provider will maintain an attendance register at work place in


respect of the personnel deployed by the Service Provider.

38. 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.

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

FORM-I
PROFORMA
To,
State Head (MP),
30/9A,NewSaket Nagar Bhopal
(Full Address)

Subject: -Providing Technical Support Services on Contract Basis.

BBNL/7183/State Head MP/Technical Support Services/2018/19 Page 29 of 62


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 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/7183/State Head MP/Technical Support Services/2018/19 Page 30 of 62


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/7183/State Head MP/Technical Support Services/2018/19 Page 31 of 62


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 ________________

BBNL/7183/State Head MP/Technical Support Services/2018/19 Page 32 of 62


Business Address: ________

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 Deptt. 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 Deptt. 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/7183/State Head MP/Technical Support Services/2018/19 Page 33 of 62


SECTION- V

Schedule of Requirement
Qualifications & Experience
Package-A

Network Engineer—26 nos. as per details below


Sl.No. State No. of Network Engineers
1 MADHYA PRADESH 26

(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.
 Liasoning 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 Bharat Net Phase-II related works.
 Ensuring use of various monitoring tools like Primavera, Mobile App by
various executing agencies /O&M agencies.

BBNL/7183/State Head MP/Technical Support Services/2018/19 Page 34 of 62


(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/7183/State Head MP/Technical Support Services/2018/19 Page 35 of 62


PACKAGE-B
FIELD TECHNICIAN : 157 NOS. as per details below
Sl.No. State No. of Field Technicians
1 MADHYA PRADESH 157

(i) Service to be rendered:

 Coordination & Liasoning 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. ,liasoning with outsourced agency for fault
rectification.
 Provisioning of bandwidth.
 Coordinating & support for termination fibre of TSPs/ISPs at OLT/ONT
Sites.
 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.

BBNL/7183/State Head MP/Technical Support Services/2018/19 Page 36 of 62


 Activities related to Sales and Marketing at Block Level.
 Support for Wi-Fi hotspot implementation in the GPs/Blocks (First Level
Support)
 Monitoring of Bharat Net 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.

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

BBNL/7183/State Head MP/Technical Support Services/2018/19 Page 37 of 62


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& ESI Act. Location details for
network Engineer will be given by concerned CGM/State Head.
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& ESI Act. Location
details for Field Technician will be given by concerned CGM/State Head
2. Annual increment:

BBNL/7183/State Head MP/Technical Support Services/2018/19 Page 38 of 62


At the rate of Rs. 500/- per year on satisfactory service, shall be admissible
during contract period.

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/7183/State Head MP/Technical Support Services/2018/19 Page 39 of 62


SECTION-VI

BID FORM
To
State Head BBNL Madhya Pradesh
30/9A,NewSaket Nagar

Ref:TenderNo. BBNL/7183/Technical Support Services /2018/19


Dated 24/10/ 2017.

1. Having examined the above mentioned tender enquiry document including


amendment/ clarification/addend a Nos......................dated……………..the receipt of
which is here by duly acknowledged, we, the undersigned, offer to supply and
deliver.............................................. inconformity with the said conditions of contract
and specifications for the sum shownin 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

BBNL/7183/State Head MP/Technical Support Services/2018/19 Page 40 of 62


documents available on the BBNL website / e-tendering portal. Any deviation will
result in the rejection of the bid.

Dated this.............................. day of ........................2018

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


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

BBNL/7183/State Head MP/Technical Support Services/2018/19 Page 41 of 62


ANNEXURE-A

SECTION – VII (PROFORMA FOR FINANCIAL BID)


TENDER FOR TECHNICAL SUPPORT SERVICES
Package A-Network Engineer
EPF/ESI/Service Charges etc. Total Unit Total Price
Lump Mobi Price (Qty.* Total

Consolidated Remuneration
Technical sum le & EPF at ESI(at Any Quoted SUM Goods & (4+5+6+8 Unit Price)
S.N Support Medic Data applicable rates) applic Other Service OF service +10+11+ Per Month
Year of contract

o Service al Allo able Charge COLU Tax on 12+14) (column


Charge#
MN 11
Quantity

Allowa wan rates s/taxes (4+5+6+ 3*15)


(Fixed & 12
nce ce as per (with 8+10+1
per per the full per 1+12)
ESI details)
per service

servic servi service


e ce Act) per
month)

Nos. Rs. Rs. Rs. % R % R Rs. Rs. RS Rs. Rs. Rs.


per per Per s. s.
Month Month Mont
h
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
st
1 Network 1 26 28000 1500 1000
Engineer year
2nd 26 29000 1500 1000
year
3rd 26 30000 1500 1000
year
Total of columns in Rs.

TOTAL OF COLUMN 13 (in words) Rs.

BBNL/7183/State Head MP/Technical Support Services/2018/19 42


# Service charge should not be less than 2.06% of total bill amount excluding Goods &Service Tax.

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 sum of Any other charges / Taxes (Col.11) &Service Charge(Col.12) as arrived in column 13 for three years is lowest shall
be declared Lowest (L-1) bidder.
5. Complete description of charges / Taxes projected under Col.11 :

(Signature of Authorized Person of Bidder)


Seal

BBNL/7183/State Head MP/Technical Support Services/2018/19 43


ANNEXURE-B

SECTION – VII (PROFORMA FOR FINANCIAL BID)


TENDER FOR TECHNICAL SUPPORT SERVICES
Package B-Field Technician
EPF/ESI/Service Charges etc. Total Total Price

Consolidated Remuneration
Lump Mobile EPF(if ESI(at Any Quoted TOTAL GST Unit (Qty.* Total
Technical sum & Data applicable, at applic Other Service OF Tax Price Unit Price)
Year of contract

S.N Support Medic Allowan applicable able Charge Charge COULMN on (4+5+6 Per Month
o Service al ce per rates) rates s/taxes 11 & 12 (4+5 +8+10+ (column
Quantity

Allow service as per (with (Fixed +6+8 11+12+ 3*15)


ance the full per +10+ 14)
per ESI details) person 11+1
per service

servic Act) per 2)


e month)

Nos. Rs. per Rs. Rs. Per % R % R Rs. Rs. RS. Rs. Rs. Rs.
Month per Month s. s.
Mont
h
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
st
1 Field 1 157 14000 1500 1000
Technician year
2nd 157 14500 1500 1000
year
3rd 157 15000 1500 1000
year
Total of column in
Rs.
TOTAL OF COLUMN 13 (in words) Rs.

BBNL/7183/State Head MP/Technical Support Services/2018/19 44


# Service charge should not be less than 2.06% of total bill amount excluding Goods &Service Tax.
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 SUM of Any other charges / Taxes (Col.11) &Service Charge(Col.12) as arrived in column-13 for three years is lowest
shall be declared Lowest (L-1) bidder.
5. Complete description of charges / Taxes projected under Col.11 :

(Signature of Authorized Person of Bidder)


Seal

BBNL/7183/State Head MP/Technical Support Services/2018/19 45


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/7183/State Head MP/Technical Support Services/2018/19 46


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/7183/State Head MP/Technical Support Services/2018/19 47


SECTION –X
LETTER OF AUTHORISATION FOR ATTENDING BID OPENING
(To be typed preferably on letterhead of the company)
To
State Head (MP)
(30/9A,NewSaketNagar,Bhopal)
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 Mob. 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/7183/State Head MP/Technical Support Services/2018/19 48


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/7183/State Head MP/Technical Support Services/2018/19 49


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/7183/State Head MP/Technical Support Services/2018/19 50


SECTION-XII

Special Instruction to Bidders for e-tendering

1. The Special Instructions (for e-Tendering)supplement “General Instructions


toBidders”,asgivenintheTenderDocument.SubmissionofonlineBidsismandato
ry for this Tender.
2. 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 https://www.tcil-india-
electronictender.com,through TCIL, a Central Government Public Sector
Enterprise. This portal is based on the “secure‟ and “User friendly ”software
from Electronic Tender and is referred as the Portal in this docu m en t . A
portal built u s i n g E l e c t r o n i c Tender’s software is also referred to as
Electronic Tender System(ETS).

3. Benefits to Suppliers are outlined on the Home-page of the portal.


4. Broad Outline of Activities from Bidder’s Perspective:
i. Procure a Digital Signature Certificate (DSC)
ii. Register on Electronic Tendering System®(ETS)portal
iii. Create Users and assign roles on the portal
Iv. V i e w Notice Inviting Tender (NIT) on the portal
V. For this tender–Assign Tender Search Code(TSC) to a MA
vi. D o w n l o a d Official Copy of Tender Documents from the portal
vii. Clarification to Tender Documents on the portal
–Query to BBNL(Optional)
–View response to queries posted by BBNL
viii. Bid-Submission on the portal
ix. A t t e n d Public Online Tender Opening Event
(TOE)on the portal –Opening of relevant Bid-art
x. Post-TOE Clarification on the portal(Optional)
–Respond to BBNL Post TOE Queries
xi. A t t e n d Public Online Tender Opening Event (TOE) on the portal
–Opening of relevant part (i.e. Financial-Part)
(Only for Technically Responsive Bidders).
5. For participating in this tender online, the following instructions are to be
read carefully. These instructions are supplemented with more detailed
guidelines on the relevant screens of the portal.

Digital Certificates: For integrity of data and authenticity/ Non-


Repudiation of electronic records, and to be compliant with IT Act 2000,it is
necessary for each user to have a Digital Certificate (DC) also referred to as Digital
Signature Certificate (DSC),of Class2 or above issued by a Certifying Authority

BBNL/7183/State Head MP/Technical Support Services/2018/19 51


(CA)licensed by Controller of Certifying Authorities (CCA) [refer
http://www.cca.gov.in].
7. Registration: To use the portal https://www.tcil-india-
electronictender.com, vendors need to register on the portal. Registration of
each organization is to be done by one of its senior persons who will be the
main person coordinating for the e- tendering activities. In ETS terminology,
this person will be referred to as the Super User(SU)of that organization. For
further details, please visit the website/ portal, and click on the “Supplier
Organization ”link under„ Registration” (on the Home Page),and follow further
instructions as given on the site .Pay Annual Registration Fee as applicable.
8. After successful submission of Registration details and Annual Registration
Fee, please contact TCIL/ ETS Helpdesk (as given below), to get your
registration accepted/ activated.
TCIL/ETS Helpdesk
Telephone/ Mobile Customer Support:+91-11-26241790.
Emergency Mobile Numbers:+91-9868393775,and
9868393792.

E-mail ID ets_support@tcil-india.com

9. To minimize teething problems during the use of the portal (including the
registration process),it is recommended that the user should peruse the
instructions given under ETS User-Guidance Center located on ETS Home
Page, including instructions for timely registration on the portal. The
i n s t r u c t i o n s r e l a t i n g t o Essential Computer Security Settings for Use of
ETS and Important Functionality Checks should be especially taken into
cognizance.
10. 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 such as creation of users, assigning
roles to them etc.
11. The entire bid-submission would be online on the portal (unless specified
For Offline Submissions).
a. Broad outline of submissions are as follows:
>Submission of Bid-Parts/Envelopes
Technical-Part
Financial-Part
>Submission o f i n f o r m a t i o n p e r t a i n i n g B i d S e c u r i t y /
E a r n e s t M o n e y / Deposit (EMD)
>Submission of digitally signed copy of Tender
Documents/Addendum
>Submission of General Terms and Conditions(with/ without
deviations)
>Submission of Special Terms and Conditions (with/ without
deviations)

b. TheTechnical-Part shall consist of Electronic Form-Technical,


Main Bid- Technical and B i d -Annexure. Scanned/ E l e c t r o n i c
copies of the various
Documents required to be submitted under the Eligibility Conditions
,offline submissions, instructions to bidders and documents required
to establish compliance to Technical Specifications and other terms
and conditions of the tender and un-priced detailed bill of material
for each SOR item shall be uploaded in Main Bid-Technical and Bid-
Annexure. In Main Bid-Technical, only one file (including zipped
BBNL/7183/State Head MP/Technical Support Services/2018/19 52
file) of up-to 10 MB can be uploaded. Additional Documents can be
uploaded as Bid-Annexure. Filling of the Electronic Form-Technical
and submission of documents in Main Bid- Technical are
mandatory.
c. The Financial-Part shall consist of Electronic Form-Financial and
Main Bid- Financial. Scanned copy of the duly-filled price schedule
(Section-VII) and priced detailed bill of material for each SOR item
shall be uploaded in Main B i d -Financial. In Main B i d -
Financial, o n l y o n e f i l e ( including zipped file) of up-to10MB can
be uploaded. Additional Documents in support of the taxes, duties
quoted etc. may also be uploaded in Main Bid- Financial. Filling of
the Electronic Form-Financial and submission of scanned copy of
price bid in Main Bid-Financial are mandatory.

12.Off-lineSubmissions:
A. The b i d d e r i s requested to submit t h e f ol l ow ing documents
offline t o State Head MP,Bharat Broadband Network Limited,
(30/9A,New Saket Nagar, Bhopal) before the last date and time of
bid submission in a Sealed Envelope otherwise the bid shall not be
opened.

i. Demand Draft/Bankers Cheque of Rs.4720/-(including GST)drawn


in Favor of BHARAT BROADBAND NETWORK LIMITED payable at
New Delhi and drawn on any scheduled bank against payment of
tender fee/cost of Tender Document

ii. Original copy of the EMD/Bid Security in the form of a Bank


Guarantee/Demand Draft/ Bankers cheque in accordance with the
details mentioned in detailed NIT(Section-I).
iii. Original copy of Power-of-Attorney.

B. The Pass-Phrase for the Technical-Part and the Pass-Phrase for


the Financial-Part of the bid sealed in separate envelopes before start
date& time of tender opening event (TOE).
13. The envelope shall bear Tender name and tender number and the words
“DO NOT OPEN BEFORE”(due date &time).

14. The Bidder should also upload the scanned copy of all above said original
documents required under above clause 12 in Technical-Part as Main
Bid- Technical or Bid-Annexure during Online Bid-Submission.

Special Note on Security and Transparency of Bids:

15. Security r e l a t e d functionality has b e e n rigorously implemented


in t h e portal in a multi-dimensional manner. Starting with 'Acceptance of
Registration by the Service Provider', provision for security has been made
at various stages in Electronic Tender's software. Specifically for Bid
Submission, some security related aspects are outlined below:
16. As a part of the Electronic Encrypted functionality, the contents of both the
„Electronic Forms ‟and the “ Main-Bid” are securely encrypted using a Pass-Phrase
created by the Bidder himself. Unlike a “password”, a P ass -Phrase can be a
multi-word sentence with spaces between words (e.g. “ I love this Word”).A
Pass-Phrase is easier to remember, and more difficult to break. It is
BBNL/7183/State Head MP/Technical Support Services/2018/19 53
recommended that a separate Pass- Phrase be created for each Bid-Part.
Bid-encryption in the portal is such that the Bids cannot be decrypted before
the Public Online Tender Opening Event(TOE),even if there is
connivance between the concerned tender-opening o f f i c e r s o f t h e
purchaser and the personnel of e-tendering service provider.
It is important that the bidder does not forget the Pass-Phrase
used for encrypting(i.e. equivalent of sealing)a bid. In case the
Pass-Phrase is forgotten during the process of Bid-Submission,
the previous submissions made for that Bid-Part will have to be
annulled, and fresh submissions is to be made with a new “Pass-
Phrase”. If a Pass-Phrase is forgotten after the “ Last Date and
Time of Receipt of Bids” of a particular tender has elapsed, then it
would not be possible to open(decrypt)the bid and such bids are
to be “Archived un-opened” during the Tender Opening Event
(TOE).This is important from Security perspective and ensures
that a bid can only be opened (decrypted)with the Pass-Phrase
provided by the bidder himself.

17. CAUTION: All bidders must fill Electronic Forms for each bid-part
sincerely and carefully and avoid any discrepancy between information
given in the Electronic Forms and the corresponding Main-Bid. For
transparency, the information submitted by a bidder in the Electronic
Forms is made available to other bidders during the Online Public TOE.
If it is found during the Online Public TOE that a bidder has not filled in
the complete information in the Electronic Forms, the TOE officer may
make available for downloading the corresponding Main-Bid of that
bidder at the risk of the bidder. If variation is noted between the
information contained in the Electronic Forms and the “Main-Bid” ,the
c o n t e n t s of the E l e c t r o n i c Forms shall prevail. Alternatively, the
purchaser reserves the right to consider the higher of the two pieces of
information(e.g. price)for the purpose of short-listing and the lower of
the two pieces of information (e.g. price) for the purpose of payment in
case that bidder is an awardee in that tender.

18. Typically, “Pass-Phrase” of the Bid-Part to be opened during a particular


Public Online Tender Opening Event(TOE)is furnished online by each
bidder during the TOE itself when demanded by the concerned Tender
Opening Officer.
19. The bidder shall make sure that the Pass-Phrase to decrypt the relevant Bid-
Part is submitted to BBNL in a sealed envelope before the start date and
time of the Tender Opening Event (TOE).
Additionally, the bidder shall make sure that the Pass-Phrase to decrypt the
relevant Bid-Part is submitted in to the “Time Locked Electronic Key
Box” after the corresponding deadline of Bid Submission.
The process of submission of this Pass-Phrase in the “Time Locked
Electronic Key Box ” is don e in a secure manner by first encrypting this
Pass-Phrase with the designated key provided by the Buyer organization.
20. There is an additional protection with SSL Encryption during transit from
the client-end computer of a Supplier organization to the e-tendering server/
portal.
BBNL/7183/State Head MP/Technical Support Services/2018/19 54
PublicOnlineTenderOpeningEvent(TOE):

21. 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
request ed to carry a Laptop with Wireless Internet Connectivity, if they
wish to come to BBNL office for the Public Online TOE.
22. Every legal requirement for a transparent and secure “Public Online Tender
Opening Event (TOE)”, i n c l u d i n g d i g i t a l counter-signing o f each
opened bid by the authorized TOE-officer(s)in the simultaneous on line
presence of the participating bidders ‟representatives, has been implemented
on the portal.
23. As soon as a Bid is decrypted with the corresponding “Pass-Phrase ”as
submitted online by the bidder himself (during the TOE itself),salient
points of the Bids (as identified by the purchaser)are simultaneously made
available for downloading by all participating bidders. The tedi um of taking
notes during a manual “ Tender Opening Event” is therefore replaced with
this convenient form of “Public Online Tender Opening Event(TOE) “.

24. The portal has a facility of “Online Comparison Chart ”which is dynamically
updated as each online bid is opened. The format of the chart is based on in
puts provided by the Buyer for each Bid-Part of a tender. The information in
the Comparison Chart is based on the data submitted by the Bidders. A
detailed Technical and/ or Financial Comparison Chart enhances
Transparency. Detailed instructions are given on relevant screens.

25. The portal also has a facility of a detailed report titled “Minutes of Online
Tender Opening Event( TOE)”covering a l l important activities of “ Online
Tender Opening Event (TOE)”. This is available to all participating
bidders for “ Viewing/ Downloading”.

26. There are many more facilities and features on the portal. For a particular
tender, the screens viewed by a Supplier will depend upon the options
selected by the purchaser.

27. For further instructions, the vendor should visit the home-page of the portal
https://www.tcil-india-electrionictender.com,and go to the User-Guidance
Center.
28. The help information provided through „ ETS User-Guidance Center is
available in three categories–Users intending to Register/First-Time Users,
Logged-in users of Buyer organizations ,and Logged-in users of Supplier
organizations. Various link share provided under each of the three
categories.
29. 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.

30. The following 'SIX KEY INSTRUCTIONS for BIDDERS 'must be assiduously
BBNL/7183/State Head MP/Technical Support Services/2018/19 55
adhered to:

i. Obtain individual Digital Signing Certificate (DSC or DC) well in advance


of your first tender submission deadline on the portal
ii. Register your organization on the portal well in advance of the important
deadlines for your first tender on the portal viz “Date and Time of Closure
of Procurement of Tender Documents” and “Last Date and Time of Receipt
of Bids”. 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, such as creation of users,
assigning roles to them, etc.
iii. Get your organization's concerned executives trained on the portal well
in advance of your first tender submission deadline on the portal.
iv. Submit your bids well in advance of tender submission deadline on the
portal (There could be last minute problems due to internet time out,
break down, etc.)

v. I t is the responsibility of each bidder to remember and securely store the


Pass- Phrase for each Bid-Part submitted by that bidder. In the event of a
bidder forgetting the Pass-Phrase before the expiry of dead line for Bid-
Submission, facility is provided to the bidder to„ Annual Previous
Submission ‟from the Bid- Submission Overview page and start afresh
with new Pass-Phrase(s).

vi. ETS will make your bid available for opening during the Online Public
Tender Opening Event (TOE) „ONLY IF‟ y o u r „ Status pertaining
O v e r a l l Bid- Submission‟ is “Complete”. For your record, you can
generate and save a copy of “Final Submission Receipt”. This receipt can be
generated from “ Bid-Submission Overview Page” o n l y if t h e “Status
pertaining o v e r a l l Bid-Submission” is “Complete”.
31. While the first three instructions mentioned above are especially
relevant to first- time users of the portal, the fourth, fifth and sixth
instructions are relevant at all times.
32. Minimum Requirement sat Bidder’s end:
• Computer System with good configuration(MinPIV,1
GBRAM, WindowsXPwithservicepack3)
• Broadband connectivity
• MicrosoftInternetExplorer6.0orabove
• Digital Certificate(s)
33. The bids shall be opened in two stages. During the first Tender Opening
Event (TOE), o n l y t h e 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).

BBNL/7183/State Head MP/Technical Support Services/2018/19 56


34. Vendors Training Program(Optional):

One day training (11:00 to 17:00) would be provided by TCIL. Training i s


optional. Vendors are requested to carry a Laptop and Wireless
InternetConnectivity.

Scheduled Date 02/11/2018

Venue Location will be intimated later


Vendors training Charges Rs.3,000/-
(Per Participant) (Plus GST as applicable)

The Vendor training charges shall be paid either in cash or through DD/Pay
Order to M/s TCIL before start of training session. The interested Bidders are
requested to send the request to attend this vendor training in advance by
31/10/2018 through email on-gmbbnlbhopal@gmail.com.

BBNL/7183/State Head MP/Technical Support Services/2018/19 57


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.

BBNL/7183/State Head MP/Technical Support Services/2018/19 58


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

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

(a) Thee Bidder(s)/Contractor(s) will not, directly or through any other person or firm, offer,
promise or give to any of the Principal’s employees involved in the tender process or the
execution of the contract or to any third person any material or immaterial benefit which
he/she is not legally entitled to, in order to obtain in exchange any advantage of any kind
whatsoever during the tender process or during the execution of the contract.

BBNL/7183/State Head MP/Technical Support Services/2018/19 59


(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
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.

BBNL/7183/State Head MP/Technical Support Services/2018/19 60


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.

(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
BBNL/7183/State Head MP/Technical Support Services/2018/19 61
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: ………………………………
(Name & Address)

Witness 2: ………………………………

(Name & Address)

BBNL/7183/State Head MP/Technical Support Services/2018/19 62

You might also like