BHARAT SANCHAR NIGAM LIMITED(A Government of India Enterprise)

MM Cell, 2ndh Floor, Bharat Sanchar Bhawan, HC Mathur Lane, Janpath, New Delhi- 110001

From, To,AGM (MMY) .................................................2ndFloor, MM Cell, .................................................Bharat Sanchar Bhawan, HCM Lane, .................................................Janpath, New Delhi – 110001. .................................................

File No: CA/MMT/11-21/2016(NOFN) Dated: 05/07/2016

Sub: - Tender document for Turnkey Project for Supply, Installation, Integration, Commissioning and Maintenance of GPON Equipment, EMS and Solar Power Equipment with VRLA Batteries, through E-procurement.

Tender Enquiry No.: CA/Ent.-NOFN/GPON/T-552/2016 issued on 24-June-2016

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

Section No. Item Page No.1. Detailed NIT 12. Tender Information 53 Part A Scope of work 73 Part B Technical Specifications/ Requirements 103 Part C Schedule of Requirements(SOR) 214 Part A General Instructions to Bidders(GIB) 234 Part B Special Instructions to Bidders(SIB) 414 Part C E-tendering Instructions to Bidders (If applicable) 465 Part A General (Commercial) Conditions of Contract (GCC) 525 Part B Special (Commercial) Conditions of Contract (SCC) 645 Part C Annual Maintenance Contract Agreement 816 Undertaking & declaration 907 Proforma(s) 948 Bidder’s profile & Questionnaire. 1079 Bid Form & Price Schedule 109

Appendix to Section 4 Part A 117If interested, kindly submit your bid offers online on or before date & time specified in Clause 6 of detailed NIT.

-Sd/-AGM (MMY)

Tel.: 011-2371 7844, FAX: 2371 0198 Email ID- balajivenkatesh@bsnl.co.in

--------------------------------------------------------------------------------------------------------------------------Regd. & Corporate Office : Bharat Sanchar Bhawan, H.C.Mathur Lane, Janpath,New Delhi-110 001. Corporate Identity Number (CIN) : U74899DL2000GOI107739. Website : www.bsnl.co.in

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Section-1

DETAILED NOTICE INVITING E-TENDER (DNIT)

On behalf of CMD, Bharat Broadband Nigam Limited (BBNL), Bharat Sanchar Nigam Limited invites online digitally sealed open tenders from the eligible bidders for undertaking following items/works, on rupee payment basis:-

S.No. Name of the Item/work Estimated Quantity (with Unit)

Bid Security / Earnest Money Deposit amount for the tender

1 Turnkey Project for Supply, Installation, Integration, Commissioning and Maintenance of GPON Equipment, EMS and Solar Power Equipment with VRLA Batteries.

1700 OLT Sites to connect 42,500 ONTs at Gram Panchayats

Rs 2 Crore

Note 1 : The quantities stated above are estimated and BSNL reserves the right to vary the quantity to the extent of -25% to +25% of specified quantity at the time of award of the contract i.e. APO without any change in unit price or other terms & conditions.

2. Purchase of Tender Document:

Purchase of Tender Document: Tender document can be obtained by downloading it from the website “www.bsnl.co.in”. For e-bidding process, tender document shall have to be downloaded from e-tender portal following the Link- “E-Tenders” (https://www.tcil-india-electronictender.com).

2.1 The bidders downloading the tender document are required to submit the tender fee of Rs.10,000/- through DD/ Banker’s cheque along with their tender bid failing which the tender bid shall be left archived unopened/ rejected.

The DD/ banker’s cheque shall be drawn from any Nationalized/ Scheduled Bank in favour of “AO(Cash), BSNL, C.O. New Delhi” and payable at “New Delhi”.

3. Availability of Tender Document: The tender document shall be available for downloading from 05/07/2016 onwards up to 28/07/ 2016.

3.1 BSNL has decided to use process of e-tendering for inviting this tender and thus the physical copy of the tender would not be sold.

3.2 Sale of Tender document: Not applicable.

4 Eligibility Criteria for Bidders:4.1 The bidder Company shall be registered & incorporated in India under the

Companies Act, 1956 and should have been in existence as Company for at least last three (3) financial years i.e., 2012-13, 2013-14 and 2014-15.

4.2 The bidder Company shall have annual average turnover of Rs.100 Crores during the last three (3) financial years i.e., 2012-13, 2013-14 and 2014-15 i.e. a minimum sum total turnover of Rs. 300 Crores in these three F.Ys. In case of Indian subsidiary, the turnover of the Parent Company or Parent/Holding Company of the Parent Company shall also be taken into consideration for determining the fulfilment of this condition. Bidder Company shall submit their Annual Report & Audited Balance sheet along with Bid in this regard.

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4.3 The bidder or its Parent Company should either be an Original Equipment Manufacturer (OEM) of GPON equipment or Transfer of Technology (TOT) partner of OEM of GPON equipment.

4.4 The bidder or its parent company should have executed at least one Commercial order issued by DOT/ BSNL/ MTNL/ State Government/ PSUs, OR, Telecom Service Providers in India or abroad for any type of equipment out of GPON OLTs / GEPON OLTs / MPLS Nodes / STM-16 / STM-64 / DWDM / DSLAM Terminals during the last three (3) financial years i.e 2013-14, 2014-15, 2015-16 (till the date of submission of bids). The bidders shall submit certificate(s) from the end user(s) for the satisfactory completion of work and performance of the equipment supplied by them as required under this clause. Certificates in this respect should contain contact details of person signing the certificate (including name, designation, telephone number, fax numbers and e-mail id of the signatory).

4.5 In case the bidder is not meeting the eligibility as per paras 4.2, 4.3 and 4.4 above, then bid can be submitted through a consortium agreement/ teaming agreement with the OEM firm meeting eligibility criteria clause 4.2, 4.3 and 4.4 above. However, in such case bidder shall be having a minimum turnover of INR 100 Crores each year during the last three years i.e. 2012-13, 2013-14 and 2014-15 and shall have an experience in supply, installation and commissioning of Networking/Telecom related projects of a cumulative total of minimum of INR 100 Crore during last three financial years (i.e. 2012-13, 2013-14 and 2014-15).

4.6 The bidder company should have Valid PAN No.

4.7 The bidder company should have Valid Sales/ Service Tax Registration Certificate no. or exemption certificate no.

4.8 The bidders shall submit necessary documentary proof showing that they meet the eligibility criteria along with their tender bid. All documents submitted will also be self-attested by the bidder.

4.9 In case of bids, where for the fulfillment of turnover & experience eligibility requirements, turnover and experience of parent company is being submitted then the bidder shall submit a declaration-cum-undertaking from authorized signatory of Parent company stating that they (The Parent Company) shall support and take responsibility to enable its subsidiary company (the bidder) to perform the contractual obligation.

4.10 The OEM/ToT Partner of GPON equipment can participate in the tender through consortium/teaming agreement with not more than one company on their behalf. In case of more than one bid of the same OEM/ToT Partner of GPON equipment, direct or through consortium by teaming, all such bids would be rejected.

5 Bid Security/EMD:

5.1 The bidder shall furnish the bid EMD, if applicable, in one of the following ways:-

(a) Demand Draft/ Banker’s cheque drawn in favour of ‘AO (Cash), BSNL, C.O. New. Delhi’ and payable at ‘New Delhi’.

(b) Bank Guarantee from a scheduled bank drawn in favour of ‘DGM (MMT), Bharat Sanchar Nigam Limited, Corporate Office, New Delhi’ which should be valid for 180 days from the tender opening date.

6. Date & Time of Submission of Tender bids: on or before 1130 Hrs. of 28.07.2016.

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Note 2: In case the date of submission (opening) of bid is declared to be a holiday, the date of submission (opening) of bid will get shifted automatically to next working day at the same scheduled time. Any change in bid opening date due to any other unavoidable reason will be intimated to all the bidders separately.

7. Opening of Tender Bids: After 00:30 Hours of this tender closing time on and on same date (28thJuly, 2016).

8. Place of opening of Tender bids:8.1 The tenders shall be opened through ‘Public Online Tender Opening Event

(POTOE)’. BSNL’s Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices. Kindly refer clause 8 of Section-4 Part C of Tender document for further instructions.

8.2 However, if required, authorized representatives of bidders (i.e. vendor organization) can attend the TOE at the “Meeting Room, 2nd Floor, Bharat Sanchar Bhawan, Janpath, New Delhi”, where BSNL’s Tender Opening Officers would be conducting Public Online Tender Opening Event (TOE).

9. Tender bids received after due time & date will not be accepted.

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

11. “CMD, BSNL” reserves the right to accept or reject any or all tender bids without assigning any reason. He is not bound to accept the lowest tender.

12. The bidder shall furnish a declaration in his tender bid that no addition / deletion / corrections have been made in the downloaded tender document being submitted and it is identical to the tender document appearing on the website.

12.1 In case of any correction/addition/alteration/omission in the tender document, the tender bid shall be treated as non responsive and shall be rejected summarily.

13. Integrity Pact Program is implemented for this tender for which signing of Integrity Pact is mandatory for the purchaser and bidder. Format of Integrity Pact is provided in the tender document at 7(F) in Section 7 Proforma(s). To oversee the implementation of Integrity Pact Program, IEMs are likely to be appointed in BSNL. The appointment of IEMs will be notified separately.

Note 3: All documents submitted in the bid offer shall be preferably in English language. In case the certificate viz experience, registration etc. is issued in any other language other than English, the bidder shall attach an English translation of the same duly attested by the bidder & the translator to be true copy in addition to the relevant certificate.

Note 4: All computer generated documents should be duly signed/ attested by the bidder/ vendor organization.

14. The queries in respect of the bid document, if any, can be sent to following officers at their Email IDs and address of this office, latest by 13/07/2016.

BSNL Contact-1Name & Desgn. Mr. P BalajiVenkatesh, AGM(MMY)Telephone/ FAX 011-2371 7844 / 2371 0198

[between 9:30 hrs to 18:00 hrs on working days] E-mail ID balajivenkatesh@bsnl.co.in

BSNL Contact-2Page 3 of 127

Name &Desgn. Mr. Manoj Jain ,Dy. Mgr.(MMX) Telephone/ FAX 011-2303 7172 / 2371 0198

[between 9:30 hrs to 18:00 hrs on working days] E-mail ID manoj_jain@bsnl.co.in

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SECTION- 2

Tender Information

1. Type of tender: (a) Number of bid submission stages for tender: Single stage bidding(b) No. of envelopes for submission of bids: Two Nos. (Note-1)(c) Stages of Opening: Two (Note-2)(d) E-Reverse Auction: No (Without E-Reverse auction)

Note 1: The bidder shall submit Techno-commercial & Financial bid simultaneously.Note 2: The bids will be evaluated techno-commercially first and thereafter financial bids

of techno-commercially compliant bidders only shall be opened. There will be no e-reverse auction.

2. Bid Validity Period / Validity of bid Offer: 150 days from the tender opening date. 3. The tender offer shall contain two electronic envelopes system, the first envelope will

be named as Techno-commercial envelop and will contain documents of bidders satisfying the eligibility/Technical & commercial conditions and 2nd envelop will be named as financial envelope containing financial quote. These envelopes shall contain one set of the following documents:-

a) Techno-commercial envelope shall contain :- (i) Copy of EMD (ii) Cost of the tender documents i.e. tender fee. as per Clause 2.1 of DNIT(iii) Certificate(s) showing fulfillment of the eligibility criteria(s) stated in Clause 4 of

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

accordance with clause 14.3 of Section 4 Part A(v) Integrity Pact as per Clause 13 of DNIT(vi) Clause by clause compliance as per clause 11.2 of Section-4 Part A(vii) Bidder’s Profile & Questionnaire duly filled & signed(viii) Non-Relation Certificate duly filled & signed(ix) Undertaking & declaration duly filled & signed(x) Documents stated in clause 10 of Section-4 Part A.(xi) Tender/ Bid form- Section 9 Part A(xii) Electronic Form- Technical (E-tendering).(xiii) Detailed unpriced BOM

b) Financial envelope shall contain: (i) Electronic Form- Financial along with Price Schedule (Section 9 Part–B) with all

relevant bid annexure

Note 3: The following documents are required to be submitted offline (i.e. offline submissions) to DM (MMT), BSNL, C.O. 2nd Floor, Bharat Sanchar Bhawan, Janpath, New Delhi-110001 on or before the date & time of submission of bids in a sealed envelope. The envelope shall bear the tender number, name of work and the phrase: “Do Not Open Before (due date & time of opening of tender).(i) EMD – Bid security (original copy)(ii) DD/ Banker’s cheque of Tender fee (iii) Power of Attorney in accordance with clause 14.3 of section 4 Part A and

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authorization for executing the power of Attorney.(iv) Integrity Pact (v) Technical & Financial Pass Phrases may be submitted separately in two

sealed envelopes.

4. Payment terms: Payment terms have been defined at Clause 11 Section 5 Part A and Clause 20 Section 5 Part B

5. Delivery Schedule: This has been provided at Clause 19 of Section-5 Part-B.

6. Consignee: The equipment will be supplied to each ultimate consignee which will be intimated at the time of PO.

7. Award of Work: The supply is to be distributed amongst four successful lowest quoting bidders i.e. L1, L2, L3 and L4.

8. Minimum quantity to be quoted: 100% of the tendered quantity.

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SECTION-3 Part A

SCOPE OF WORK1. Introduction

(i) The tender is a Turnkey Project for Supply, Installation, Integration, Commissioning and Maintenance of GPON Equipment, EMS and Solar Power Equipment with VRLA Batteries, with Two years Warranty and 5 years AMC.

(ii) Primary objective of this tender for setting up the GPON based Internet Connectivity network under NOFN project are:

a. The solution shall provide standardized prioritization of five different classes of traffic in terms of treatment of packets with regard to latency, jitter, delivery and committed throughput in order to effectively handle the diverse requirement of real time traffic, near real time traffic, and best effort traffic.

b. The solution shall also provide effective delivery of real time applications like multicast video services, video-on-demand, Video Conferencing, VoIP, multicast VLAN feature etc through guaranteed end-to-end quality of service from OLT to customer premises.

(iii) This section describes the various network components required for the GPON based Fibre connectivity network for NOFN capable of providing reliable bandwidth covering all possible destinations planned to be covered. The network is envisaged to provide the QoS features associated with GPON technology and should also be able to support such features as may be required in future for implementation of new technologies.

2. Broad Network Architecture

(i) The network will be regionally managed from Element Management System (EMS), (location of which would be decided by BSNL/BBNL) and will be centrally managed from the BBNL’s existing Network Management System (not part of this tender). The Element Management System (EMS) application procured in this tender shall be integrated with BBNL’s Central Network Management System on standard northbound interface viz SNMPxxx/ XML/ JAVA / CORBA. FTP shall be used for bulk file transfer. The location of the Main and DR NMS shall be in Delhi and Bangalore respectively.

(ii) The Provisioning of GPON services shall be done both through central NMS system and through regional respective EMS system. This needs to be enabled by the bidder for ensuring end-to-end provisioning in GPON solution.

(iii) All the equipment forming a part of this project shall support IPv6. The equipment shall be IPv6 ready (Dual Stack). The equipment with IPv6 certification Logo is desirable. All the applications to be provided shall also be IPv6 supported application. All the hardware supplied shall be IPv6 compliant and no additional hardware/ cards shall be required to be procured by BSNL. However, the same shall be backwardly integrated with IPv4. Initially, the network will be implemented on IPv4. All equipment forming a part of this project shall be migrated to IPv6 without any cost anytime within the warranty and AMC period.

(iv) The GPON equipment may be used in point to point, point to multipoint

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topology. The software offered should be able to support any or all the above configurations as per requirement during operation.

3. The scope of work under this tender is detailed below:

(a) Supply of GPON equipment along with EMS and associated equipment / Materials/Cables etc.

(b) Installation and commissioning GPON equipment and associated equipment by the supplier and also Acceptance Testing. The details are as under:

(i) The GPON equipment will be installed as per the plan finalized by BSNL/BBNL. The OLTs will be installed mostly at Block HQ and the ONTs will be installed at Gram Panchayats (GPs).

(ii) OLTs will be installed at suitable locations and mostly in the BSNL's telephone exchanges where space and power infrastructure is available.

(iii) ONTs and associated equipment such as solar power equipment, etc. will be normally installed in the Gram Panchayat buildings. Alternatively it may be installed in any government building like school/hospital or any other suitable location, in case it cannot be installed in Panchayat building.

(iv) Acceptance Testing of all equipment will be carried out as per prescribed guidelines.

(v) The network elements through EMS will be integrated with the NMS of BBNL.

(vi) The network will be declared commissioned Block-wise consisting of one or more OLT in that Block and its designated GPs.

(vii) Further details are provided at clause 4 Section 5 Part B.

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(c) Maintenance: Comprehensive Annual Maintenance Contract (AMC) for five years after two years of warranty and including routine maintenance/First line maintenance which includes diagnosis & rectification of faults in EMS, OLTs, ONTs, Solar power system etc. for 7 years. The skilled manpower, testing instruments and equipment & material required for proper maintenance and meeting the SLA obligation shall be the sole responsibility of the successful bidder/supplier.

(i) There will be two components of Maintenance – (a) Annual Maintenance Contract (b) First Line Maintenance.

(ii) Bidder will keep minimum 5% spares at SSA level and 5% spares at its central location at zonal level to replace faulty equipment to meet the SLA conditions.

(iii) Further details are provided at Section 5 Part B, clause 12

(c.1) First Line Maintenance shall include:

(i) Bidder will depute at least one skilled person in each Block to maintain the network as part of First Line Maintenance.

(ii) The faults in OLT and equipment at OLT location is expected to be rectified within maximum 3 hours of its occurrence. Visibility of faults may be either manually or through EMS/NMS.

(iii) The faults in the ONT and associated equipment at ONT location shall be rectified within 6 hours of occurrence of the fault. Visibility of the faults may be either manually or through EMS/NMS.

(iv) 90% of the faults/complaints shall be attended by the selected bidder within 12 hours at OLT location and within 24 hours at ONT location.

(v) 100% of the faults/complaints shall be attended by the selected bidder within 3 days i.e.72 hours

(vi) Penalties: As per Clause 20 Section 5 Part C

(vii) Further details are provided at Section 5 Part B, clause 13

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SECTION-3 Part-B

Detailed Technical Specifications/Requirements

1.0 The technical specification applicable for GPON equipment under the scope of this tender is as per the TEC GR No. GR/PON-01/02 APRIL 2008 with all amendments. In the GR for the purpose of this tender, Indian Telecom Network is to be replaced by BSNL Telecom Network.

2.0 The constituents of GPON network shall be as per TEC GR No. GR/PON-01/02 APRIL 2008 with all amendments along with the following modifications as per the requirement of BSNL. In case of any conflict in interpretation of this GR, specifications of this tender supersedes GR

3.0 The upstream & downstream shall be 1.244Gbps and 2.448Gbps respectively per OLT GPON Port with link/optical budget.

4.0 There shall be various options provided to BSNL e.g. 1:2, 1:4, 1:8, 1:16, 1:32, 1:64, 2:2, 2:4, 2:8, 2:16, 2:32 and 2:64 splitters. BSNL may use a combination of these split options.

5.0 The RF delivery shall not be required.

6.0 OLT specifications: Hardware capability:

6.1 OLT Chassis

6.1.1 OLT Chassis & allied Accessory including 19” standard rack/ ETSI 21” rack, 24 U size with 1+1 power module etc. and the installation materials equipped with the line cards in N+1 redundancy mode (where N = no. of line cards). Type/Model of OLT Chassis supplied shall be same across all OLT sites. Type/Model of GPON Line Cards supplied for one OLT chassis shall be same.

6.1.2 The OLT chassis shall have a capacity of 32 PON ports or above.

6.2 Line Termination Requirement

6.2.1 Capacity of each line card shall be either of

(i) Four (4) PON Ports

(ii) Eight (8) PON Ports

(iii) Sixteen (16) PON Ports

6.2.2 The above specifications are minimum requirement. The vendors can supply higher versions at their choice

6.3 NETWORK TERMINATION CARD

6.3.1 Two Network termination cards should be provided per OLT in redundancy/ load sharing configuration.

6.3.2 Each Network termination card equipped with (i) Two (2) GigE optical uplink interfaces and (ii) Two (2) FE/GE (10/100/1000 Base T ) Electrical interfaces

6.3.3 GE Optical Interfaces shall have SFP optics with either of the following requirement:

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(i) 1310 nm SMF (10Km)

(ii) 1550 nm SMF (40Km)

The exact requirement shall be indicated at the time of installation, however for evaluation purpose (i) & (ii) will have weightage of 50% each.

6.3.4 Network termination card equipped with two (2) 10 GigE uplink shall be optional and may be used in future. However, this item shall be taken in tender evaluation.

6.3.5 10 GigE interfaces shall be XFP optics with the following requirement.

(i) 10G base LW 1310nm interfaces.

(ii) 10G base ZW 1550nm

6.4 The adapters to be provided for terminating in adapters/ connectors on OLT side shall be SC-PC. The connectors/ adapters at ONT side shall be SC-APC.

7.0 Types of ONT

7.1 Types of ONT:

7.1.1 Type-A ONT: ONT shall have following subscriber interfaces:

a. One Uplink PON Port

b. Four (4) Ethernet ports with 10/100/1000 Base-T interface

c. IEEE 802.11n Wi-Fi Interface with in-built implementation.

d. 1 USB 2.0 ports (or better) for interfacing with SPV power systems for online monitoring purposes and other similar management functions

e. 2 POTs ports

f. At each ONT site, Enclosure for hosting One ONT along with CCU & VRLA battery, One Splitter and One FTB, shall be provided. Anti-rodent Plastic Housing is also permitted. Supplied Enclosure should meet QM-333 B2 category specification.

g. At each ONT site, one DCDB shall be provided to connect minimum 5 devices.

7.1.2 Type-B ONT: The Type-B ONT shall be optional. Type -B (Business ONT) - ONT shall have following subscriber interfaces:

a. One Uplink PON Port

b. Four (4) Ethernet ports with 10/100/1000 Base-T interface

c. IEEE 802.11n Wi-Fi Interface with in-built implementation.

d. 2 POTs ports

7.2 Distant customer in GP may be connected to ONT device at GP over fiber. This can be achieved by deploying one Ethernet to Optical Converter (10/100/1000 Base-T interface to SFP) for each of such customer. Ordering of this equipment shall be optional.

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7.3 Business customer at GP may connect to ONT device at GP over fiber. This can be achieved by deploying one Ethernet to Optical Converter (10/100/1000 Base-T interface to SFP) for each of such customers

7.4 Ethernet to Optical Converter shall have following specification.

7.4.1 General Specification

(i) Shall convert Electrical Ethernet (10/100/1000 Base-T interface) to Optical Ethernet (1000 Base-FX SFP interface)

(ii) One 10/100/1000 BASE-T electrical Ethernet port

(iii) One 1000Base-FX Optical SFP Ethernet ports

(iv) Shall cover fiber connectivity up to 02 km distance from ONT site through use of appropriate SFP module

(v) SFP port shall support 1310/1550nm wavelength for Single Mode Fiber operation

(vi) Shall accept -12 V DC +/- 1.5 V power supply. It shall be compatible with the SPV power supply systems to be procured.

(vii) Shall be robust to operate in temperature range from -40C to 55C

(viii) Transparent pass through of VLAN tagged and untagged user traffic

(ix) LED indications for Link, Activity & Speed

(x) Compliance FCC Class A, EN55022, EN55024

8.0 Ethernet user interfaces at UNI of ONT and SNI of OLT Specifications:

8.1 The following Ethernet interface options for SNI of OLT shall be supported:

8.1.1 1000 Base LX (10 μ single mode) 1310 nm interfaces.

8.1.2 1000 Base ZX (10 μ single mode) 1550 nm interfaces

8.1.3 10G base LW 1310 nm interfaces.

8.1.4 10G base ZW 1550 nm interfaces

Requirement of these interfaces are site specific, quantity of which is to be ascertained by bidder based on site survey.

8.2 The Ethernet interface options for UNI of ONT shall be supported as under.

8.2.1 10 / 100 / 1000 BaseT Electrical Interfaces

8.3 The specifications for these interfaces shall comply with TEC GR No.: GR/EMC-01/01.JUN.2006 on Ethernet Media Converter or latest amendments, if any.

9.0 The OLT shall provide In-band connection to the EMS through GigE and out-band management connection to the EMS through minimum one 100 BaseT Ethernet port.

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10.0 The Control card should have provision for minimum one management ports (100 BaseT Ethernet) for connecting to EMS or for connecting LCT (Laptops).

11.0 Supply of EMS software over CDs by the vender is mandatory. (Two Sets per EMS Site).

12.0 In case of any conflict in interpretation, the following order of precedence will be followed:

(i) Special conditions of tender document.

(ii) TEC GR’s

(iii) ITU-T References

(iv) IETF References

(v) IEEE References

13.0 The bidder has to submit a statement of deviation with respect to TEC GR document. In case there is no deviation NIL statement should be submitted.

14.0 EMS Servers specification: The EMS supplied in this tender shall have a capability to manage a minimum of 5,000 OLTs and 1,00,000 ONTs. The hardware supplied for the EMS system should be sufficient to handle this load. EMS Application shall be based on UNIX/LINUX OS.

Minimum Specification for EMS Servers and Storage

Sl. No. Description

1 Server

1.1 Server with Processor-16Core, 3GHz

1.2 RAM – 16GB DDR5

1.3 HDD-600GB, 10000 rpm (2 nos)

1.4 With redundant Power Supply arrangement

2 Storage

2.1 Minimum Storage – 1TB usable or more in RAID5 configuration as per retention requirement

(The Storage capacity shall be sufficient enough to store all the logs/fault history of the network under its domain of 90 days period for at least three months.

3The Server shall support Ethernet ports as 1G/10Gbps. The operating system shall be Unix/Linux based. Both Application and Database servers shall have UNIX/Linux based operating system.

4. The servers shall be supplied with all accessories and required software like database system, Operating system, application etc.

5. Rack mountable with standard 42U size rack.

6. Performance: EMS response on North bound interface should be better than 5 sec and for southbound interface the response time

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should be between 5-8 sec.

15.0 NETWORK PRINTER:

1 Print Speed Min. 24 p.p.m. or higher2 Fonts Monochrome3 Memory 16 MB (minimum)4 Duty Cycle, Pages / month 150,0005 Paper Trays 46 Media Type Shall support legal, letter, A4 Size7 Media Size Customization 3 x 5 inch to 8.5 x 14 inches8 Resolution 1200 x 1200 dpi9. Ports USB & EthernetNote:

The printer shall be compatible with MS Windows 7/ 8 or higher version, Windows NT 4x or higher, MS DOS, UNIX & UNIX derivative like SOLARIS, HP – UX etc.

16.0 Workstation/ Remote terminal: CPU Intel Duo Core Processor - 2.8 GHz or above, 300GB SATA HDD with 2GB DDR RAM, 17” TFT flat screen display for Remote Terminal and 21” TFT for NOC workstation, 1 MB cache, Ethernet interface (10/100/1000 Mbps) with industry standard Operating system like Windows8 or higher version, Linux, Optical mouse, Multimedia Keyboard, Four USB ports, 52 x CD RW/10X-DVD ( Combo Drive) , Antivirus Software with 3 years validity or better.

17.0 Laptops: CPU Intel 4th generation core i5 or equivalent or better - 2.7 GHz or above, 3 MB L3 Cache, 4 GB DDR3 RAM, 15" TFT display, 500 GB (or higher) Hard Disc Drive, Integrated LAN & Wi-Fi, Com port, Integrated Audio with in-built speaker & Mike, Three USB port, and one VGA & one HDMI, Integrated Bluetooth 4.0, Touch pad, Windows 8 or higher, More than 4 Hrs of Battery Life, AC Adaptor and Carry Bag, Mcafee/Quickheal/Norton Antivirus Software with 3 years support or better.

18.0 The specifications in respect of the items 16, 17 & 18, as given above are the minimum configuration. The vendors can supply higher configuration.

19.0 Hybrid Solar Photovoltaic (SPV) Power Supply System

19.1 The technical specifications of the hybrid SPV power supply shall be as per the TEC GR No. No.GR/SPV-02/03 JUN 2008. In case of any conflict in interpretation of this GR, specifications of this tender supersedes GR.

19.2 The SPV Power Supply system shall be supplied as complete package by the vendor along with the ONT. SPV system shall provide power supply to ONT system, Ethernet to Optical Converters.

19.3 SPV power supply system shall consist of following subsystems:

VRLA Maintenance Free battery (for 12Hrs Back-up) : 12V, 17AH

Solar Panel: 12V / 60W

SMPS: 12V / 7A

Charge Controller: 120W

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19.4 Solar Panel

19.4.1 Solar Panel shall be put on roof top structure or, on Mast. The specification of roof top structure / Mast shall be site specific which shall be decided along with BSNL.

19.4.2 AR Coated tempered toughened Glasses should be used with Solar Panel.

19.4.3 Solar Module must be with positive tolerance of Power.

19.4.4 Only Silicon Sealant shall be used while manufacturing the solar modules.(Sealing tapes are not allowed).

19.4.5 Micro Crack in solar cells must be checked as part of process to manufacture modules

19.4.6 Power cable length from Solar Panel to CCU shall be minimum 20meter in length however it shall not lead to drop in charging voltage.

19.4.7 Shall use screw-less anodized aluminum frame to provide structural strength.

19.4.8 Module shall be tested as per IEC-61215(2005); IEC-61730 part 1&2, IEC-61701 Salt Mist test.

19.4.9 Manufacturing facility shall be certified to ISO 9001:2008, ISO14001:2004, BS OHSAS 18001:2007 and EN ISO 50001:2011.

19.5 Maintenance Free VRLA Battery

19.5.1 The batteries to be supplied with the SPV power systems shall be VRLA type from TEC/ TSEC approved vendors and the specifications shall be conforming to TEC GR NO. GR/TX/BAT-001/04 JUNE 2011 (with latest amendments). In case of any conflict in interpretation of this GR, specifications of this tender supersedes GR

19.5.2 Battery would be 12V mono-block type. Battery should not be allowed to discharge beyond 80%. Auto cut-off should happen.

19.5.3 Battery would support charging at rate up to 0.2C or higher where C is battery’s AH rating..

19.5.4 Product Compliance to IEC 60896-21/22:2004 standards

19.5.5 Manufacturing facility shall be certified to ISO 9001:2008, ISO14001:2004, BS OHSAS 18001:2007.

19.6 Charging Control Unit (CCU)

19.6.1 The CCU should have provision that the battery should be charged both from the solar power as well as the grid supply. Solar will be Primary Source and Grid Supply will be Secondary Source.

19.6.2 The CCU supplied with the SPV shall have provision for 1 USB 2.0 ports (or better) compatible with USB 2.0 port of ONT for remote control and monitoring the health of the SPV system based on various parameters like battery levels, charging current, rate of discharge, depth of discharge, available capacity and other such values. These parameters shall be recordable and available at EMS (and NMS) for monitoring. The EMS

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software shall be accordingly provisioned to monitor these parameters also.

19.6.3 Manufacturing facility shall be certified to ISO 9001:2008, ISO14001:2004, BS OHSAS 18001:2007.

19.7 The vendor shall assist and undertake every action as required for availing subsidy under the JLNNSM of the MNRE, Govt. of India. The approved bidder shall process the case for approval and disbursement of subsidy as per the provisions of the JLNNSM, if applicable. (Bidder’s payment shall not be linked to BSNL getting subsidy).

19.8 The bidder should have proper legal agreement with the supplier to guarantee quality, timely supply, performance, warranty and AMC during the full life-cycle of the contract.

20.0 Maintenance of battery sets provided with the SPV systems: As part of preventive maintenance, the bidder shall carry out the following activities:

20.1 The charge-discharge cycle testing of the batteries at an interval of every six months.

20.2 Take suitable corrective action for repair/ replacement in cases of any deficiency in the performance parameters.

20.3 The batteries shall be replaced after every two years during the warranty and AMC period.

20.4 The half-yearly payment for the AMC shall be linked to the replacement as above and production of necessary documents for the same certified by the concerned field officer.

21.0 Earthing at ONT sites: The bidder shall provide suitable earthing arrangement as specified in TEC GR No. GR/SPV-03/02 JUN 2005, clause 2.5, at all the ONT locations. The bidder shall measure the earth resistance value once every year during warranty and AMC period. The bidder shall provide the schedule of the same. Earthing requirement is for SPV system only.

22.0 The specifications of the Splitters shall be as per TEC GR No. TEC/GR/TX/OPT-001/01/ APRIL-12 with latest amendments. The Splitter shall be wall mountable (Type-1) type. The patch panel shall be supplied with SC-APC connectors.

Other Technical Requirements23.0 OLT Specification

23.1 Functional and technical requirement of OLT shall be as per clause 3.0 of TEC GR no. GR/PON-01/02 APRIL 2008 and latest amendments. In case of any conflict in interpretation of this GR, specifications of this tender supercedes GR.

23.2 The synchronization plan shall be finalized by BSNL and shared with the successful bidder for implementation.

23.3 All bidders shall complete inter-operability test with present supplier M/s UTL for OLT & ONT within 15 days from the date of Tender Bid Opening by the purchaser. The OLT quoted should be made inter-operable with ONT devices supplied by M/s UTL. Similarly ONT quoted should be made inter-operable with OLT devices supplied by M/s UTL. All bidders shall provide quoted OLT (with 8 ports) & two ONTs at BSNL QA Lab for IOT testing with M/s UTL

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equipment.

23.4 The OLT quoted should be made inter-operable with ONT devices quoted by all other successful bidders. Similarly ONT quoted should be made inter-operable with OLT devices quoted by all other successful bidders in this tender. Inter-operability between successful bidders shall be done within 3 months of issue of purchase order. BSNL will facilitate IOT test through BSNL QA. All successful bidders shall provide quoted OLT (with 8 ports) & two ONTs at BSNL QA Lab for IOT testing with other successful bidders.

23.5 OLT should have 4096 number of VLAN so as to run 5 services for a subscriber and these are to be mapped to core network through the 10GbE/ 1GbE interface of the OLT. All the VLANs for a particular service must converge at OLT so as to place the traffic on the respective service VRF. The network shall be capable of on-line measurement and monitoring of the network parameters such as latency, packet loss, jitter and availability per VLAN basis so as to provide Service Level Agreements with customers.

23.6 The backplane of the OLT shall be non-blocking in nature and support universal line slots.

23.7 Reliability Requirement

i. Up-Link Interface card and power supplies in the OLT should be in 1+1 hot standby mode. All the cards in OLT rack should be in hot swappable mode.

ii. Control Cards shall work in Active-Active or Active-Hot Standby fashion.

iii. Fan Modules shall be in provided in N+N configuration.

iv. Backplane shall have redundant architecture for connectivity between LT & NT ports.

23.8 Line Termination Requirement

i. OLT Chassis should support various line cards having 4/ 8/ 16 or more PON ports

ii. The line interface slots in the devices shall be universal.

23.9 Network Termination Requirement

i. OLT must support network side cards with 1G ports or 10G ports

ii. The uplink interface must support link aggregation (IEEE 802.3ad) with Load sharing and Active/standby configurations

23.10 Interfaces Requirement

i. All interface Cards (Line Side and Network Side) shall be supplied along with the necessary cabling with termination at the wire wrap points/ termination points. The cost of the cabling and associated wire wrapping points etc. shall be included in the interface card

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cost.

ii. All GE/ 10GE optical interfaces of OLTs shall support 850 nm optical wavelength on multimode fiber and 1310 nm/ 1550 nm optical wavelength on single mode fiber for northbound connectivity towards network side. Attenuator wherever required shall be used only after taking due consent from BSNL and the purpose of the same shall be clearly stated.

iii. Bidder shall submit information for the physical distance reach and optical link budget of each type of interface.

iv. Each of the SFP/SFP+ uplink interfaces on the network board must support transceiver monitoring, including;

a.    Transceiver temperature;b.    Transceiver voltage;c.    Laser bias current;d.    Transmit power;e.    Receive power.

23.11 Power Supply Requirement: (i) All the OLTs shall have at least two power feeds. If the power supply is provided

through a centralized power-supply unit at chassis level, a hot swappable and redundant power supply shall be provided at chassis level, to ensure smooth working of the equipments during failures. For chassis providing distributed on-board power supply, it shall be as per TEC GR No. GR/PON-01/02 APRIL 2008 clause 6.1(d) Page 31 “Powering Requirements of OLT”. The power supply requirements shall be as follows :

a. The OLTs shall operate from an exchange battery at a nominal -48V DC (Negative 48 V DC) over the range -40 V DC to -57 V DC under normal circumstances.

b. The power feeds to the redundant power supply units shall be through independent and separate input (two different input source of power). In that case, Bidder shall tap the power separately. In case there is only one power plant available at the site, the bidder shall tap only one power from power plant till DCDB and then extend two supplies from DCDM to OLT.

c. All hardware components shall be provided with -48 V DC support. The capacity of the equipment offered should take into account the initial surge current. Necessary power equipment provided for the above shall be a single consolidated system with redundancy and automatic fail over.

23.12 Bidders shall have to provide suitable optical attenuators with each GPON OLT interface, for incorporating additional loss in the short links. BOM should include all these items clearly.

24.0 ONT Specification

24.1 Functional and technical requirement of ONT shall be as per TEC GR no. GR/PON-01/02 APRIL 2008 and latest amendments. In case of any conflict in interpretation of this GR, specifications of this tender supersedes GR.

(i) 10/100/1000 Base-T interface for Ethernet UNI Ports (RJ45 interface).

(ii) Shall be robust to operate in temperature range from -40C to 55C.

(iii) The primary power source for the ONTs shall be -12 V DC +/- 1.5 V. The

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ONT shall be compatible with the SPV power supply systems supplied for this purpose.

25.0 EMS requirements:

25.1 The vendor who is selected to supply the equipment, will provide, without any additional cost, the software upgrades, patches for a period of Seven years from the date of completion of supplies for their equipment. They will also provide/ make necessary changes without any additional cost, in hardware/ software to ensure compliance to ITU-T or any other better interface between the EMS and the Network elements. Further, the North bound interface along with suitable network interface and software in the EMS should be supplied, so as to have a common/ centralized network management system of different vendors.

25.2 The Bidder will also provide/ make necessary changes without any additional cost, in hardware/ software to ensure compliance to Q3 interface of ITU-T or SNMPv2C/ SNMPv3 or any other better interface as the South Bound Interface between the EMS and the Network elements. Further, TMF-814/ CORBA shall be supplied as the North bound interface along with suitable network interface and software in the EMS, so as to have a common/ centralized network management system of different vendors.

Bidder has to have open interface architecture so that if required it can be integrated in future and vendor shall render full support at that stage to facilitate such integration.

The protocol used to communicate between ONT and SPV should be based on Q3 interface of ITU-T or SNMPv2/v3 or any other prevalent non-proprietary interface. All alarms available at CCU shall be extended to EMS.

25.3 The EMS shall support full management capability over the Northbound Interface including Inventory, Fault Performance, Provisioning, Protection, Accounting, Security, Configuration management features which enable end to end management and monitoring of network from the NMS.

25.4 The supplier shall provide basic provisioning system software to enable provisioning of circuits/ bandwidth at any OLT from the EMS itself. The provisioning software shall be customized as per the BSNL requirements. The provisioning system provided with the EMS shall be used till such time as the centralized provisioning system at the NMS is operational or in case when the connectivity between NMS and EMS is not available.

25.5 The supplier shall integrate EMS supplied with this tender with the proposed NMS of BSNL (irrespective of its brand/ make) and also provide time bound support for its integration. Bidder has to have open interface architecture and shall render full support to facilitate such integration.

25.6 The EMS requirement of BSNL shall be as per the Appendix I (Part I and Part II) of the TEC GR No: GR/PON-01/02 APRIL 2008 with amendments, if any. In case of any conflict in interpretation of this GR, specifications of this tender supercedes GR.

The EMS shall be deployed at BBNL/BSNL Main Data Center and at DR Data Center, located at geographically different locations as decided by BBNL/BSNL.

At Main & DR Data Center, EMS should be deployed in (N+N) high availability configuration. EMS shall be supplied required licenses for data replication to DR site. Internet/Intranet Connectivity between Primary EMS, DR EMS and NMS would be provided by BBNL.

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Remote Access to EMS shall be provided to authenticated users over internet through either EMS Clients or over SSL based web technology. Sufficient number of licenses shall be provided for at least 100 concurrent Users for Configuration, Provisioning & monitoring purpose. EMS would be deployed under existing Firewall and UPS system. In case any load balancer required, the same shall be provided by Bidder in (1+1) redundant configuration at Main and DR site.

Each EMS shall be accompanied with minimum one line printer and 6 workstations (2 at main, 2 at DR and 2 at NOC). Bidder has to provide required LAN Cables, Earthing Cables, Power Cables.

25.7 The SNMP MIBs and CORBA IDLs shall be verified by BSNL during validation of the NMS. The bidder is required to provide the same and co-operate with the supplier of BSNL NMS to be installed during the warranty and AMC agreement period of 5 years.

25.8 Certified and licensed copies of the Original Operating Software CD and the application software CD required for the EMS servers with one back up copy CD each shall be supplied. All software quoted as part of solution shall be licensed for unlimited period.

25.9 The equipment shall have optical power monitoring facility. It shall be possible to measure the optical transmit and receive powers from the LCT and EMS on any optical interface of the equipment.

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SECTION 3 Part C

SCHEDULE OF REQUIREMENTS (SOR)S. No. ITEM QUANTITY

EQUIPMENTS

1.OLT Chassis & allied Accessory including 19” standard rack/ETSI rack, 24 U size with 1+1 power module etc. and the installation materials equipped with the line cards in N+1 redundancy mode.

1,700 OLT Sites

1.1 GPON Ports (Without redundant line cards)(Consignee wise distribution of Ports will be decided by BSNL) 13,600 Ports

1.2 Redundant Line Cards 1,700 nos.

1.3 Additional OLT GPON Line Cards 170 nos.

1.4

Control/ switch/ Uplink card each :

3,400 cardsWith 2 no. Optical GE (1000 Base LX) interface ports

With 2 no. FE/GE (10/100/1000 Base T ) Electrical interface Ports

1.5 Control/ switch/ Uplink card each with two (2) 10 GE uplink ports 170 nos.

1.6 DCDB along with Power cable and earthing cables at each OLT site. 1,700 nos.

2 Element Management System (EMS) 2 (At Main and DR Site)

3 LCT for EMS server 246 nos.

4 Home/Business ONT :

4.1 Type-A (including Enclosure) as per description at section 3 part-B clause no. 7.1.1 42,500 nos.

4.2* Type-B as per description at section 3 part-B clause no. 7.1.2 ( Optional) 7,500 nos.

4.3* Ethernet to Optical Converter (for distance up to 02 km)  section 3 part-B clause no. clause no. 7.3,7.4 etc, (Optional) 42,500 nos.

5Solar Photovoltaic Power Supply including Solar Power Panel, VRLA batteries, Charge Controller Unit (along with the suitable stand) and installation material

42,500 nos.

5.1 VRLA Battery 12V, 17 AH 85 nos.

5.2 Solar Power Panel (60 W) 85 nos.

5.3 CCU (120W) 85 nos.

6 Misc. Accessories (Attenuator pads- set with 5 db,4db,3 db, 2db, 1db) 850 nos.

7 Splitters 1:4 42,500 nos.

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SERVICES

1 Installation, testing & Commissioning:

1.1 No. of the OLT locations 1,700

1.2 ONTs including SPV power supply and other accessories (per ONT) at ONT Locations 42,500

1.3 EMS (1+1) and integration with NMS 2 (at Main and DR Site)

2

Integration charges - For integrating OLTs with ONTs and the core network/ MPLS network for network connectivity and for in-band/ out-band management purpose including redeployment, if required (per OLT, irrespective of no. of occasions)

1,700

3 Facility management at EMS site for 7 (seven) year as per description at Section 5 part-B clause No 14. 1

4 Training:

4.1 Expert level Training with training material (per man week) 42

4.2 Overview training for senior officers with training material (per man week) 21

4.3 Operator level with training material (Per man week) 85

5 Annual Maintenance Contract (AMC) for 5 years after completion of Warranty period 1

6* First Line maintenance of BBNL Equipment at OLT and parented ONTs/ GPs Locations for 7 years* (Note-1)As per description at section -3 part-A clause No.3. C.1

1,000

Note: 1. * These items are optional for the purpose of ordering. Purchaser may decide on these

items individually whether to be ordered or not to be ordered. However, bidder is required to quote these item as it shall be included in the technical evaluation and financial evaluation for determining the ranking.

2. Bidder shall furnish the detailed Bill of Material (BOM) of each SOR item mentioned above in Unpriced BOM. The detailed Bill of Material should clearly mention all the components including quantities, constituting the SOR item.

3. The priced Bill of Material should be submitted in the envelope containing the price bid and UN priced Bill of Material should be submitted in the envelope containing the techno-commercial part. There should not be any difference in the items and quantities in the priced and UN priced BOMs.

4. Any additional item if required, should be made part of one of the items mentioned in above schedule of requirement (Section-V) and should be quoted in the detailed Bill of material of that SOR item. Supply of UPS, Space and Air Conditioning for OLT is not in bidder’s scope.

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SECTION-4 Part A

GENERAL INSTRUCTIONS TO BIDDERS1. DEFINITIONS

(a) "The Purchaser" means the BSNL/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/ or 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 Advance Purchase Order" or “Letter of Intent” means the intention of Purchaser to place the Purchase Order on the bidder.

(f) "The Purchase Order" means the order placed by the Purchaser on the Supplier signed by the Purchaser including all attachments and appendices thereto and all documents incorporated by reference therein. The purchase order shall be deemed as "Contract" appearing in the document.

(g) "The Contract Price" means the price payable to the Supplier under the purchase order for the full and proper performance of its contractual obligations.

(h) "Validation" is a process of testing the equipment for assessing its conformity to Technical Specifications and the Generic Requirements by BSNL. Validation is carried out by deploying the equipment in the field environment and includes stability, reliability and environmental tests.

(i) "Telecom Service Provider" means any Telecom operator in India, who is licensed by the Department of Telecommunications (DOT), Government of India to provide telecom services to the general public or to the other DOT licensed Telecom operators. "Telecom Service Provider" also refers to any Telecom operator in other countries providing telecom services to general public of that country or to other telecom operators of the same country.

(j) “Successful Bidder(s)” means the bidder(s) to whom work in this tender is awarded.

(k) “Original Equipment Manufacturer” or “OEM” for the purpose of this tender means a company who is manufacturing the equipment or getting it manufactured through contract manufacturer, based on either its own design/ know-how or design/ know-how of any other company/ organization, but not trader.

Additional Definitions related to Domestically Manufactured Electronic Products:

(l) “Department of Electronics and Information Technology”: Department of Electronics and Information Technology (Deity) means the Department of Electronics and Information Technology, formerly called Department of Information Technology (DIT), Ministry of Communications and Information Technology, Government of India.

(m)“Department of Telecommunications”: Department of Telecommunications (DOT) means the Department of Telecommunications Ministry of Communications and Information Technology, Government of India.

(n) “Government”: Government for the purpose of the Policy means Government of India.

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(o) “Government agencies”: Government agencies are Constitutional bodies, Government PSUs, Societies, Trusts and Statutory bodies set up by the Government.

(p) “Policy”: The policy notified by Deity vide Reference No. 8(78) 2010-IPHW dated 10.2.2012.

(q) “Notification”: Notification is an order issued under the Policy and Guidelines issued there under which specifies the preference to be provided to DMEP.

(r) “Bill of Material”: Bill of Material (BOM) for the purposes of the Policy will be sum of costs of all inputs which go into the product (Including duties and taxes levied on procurement of inputs except those for which credit/ set-off can be taken) including parts, sub-parts, components, assemblies, manufacturing costs including cost of design and development/ assembling testing/ sourcing/ power finance logistics insurance done in-house, and/or by external Electronic Manufacturing Service provider royalties and licensee fee for IPR and/ or in-house R&D costs incurred/ amortized to create IPR resident in India, embedded and other software integral to the device. Packing material, brochures and user manuals which are integral to the device shall also be considered as part of BOM. The “profit after tax” and warranty cost of the manufacturer is not part of the BOM. Similarly Sales and Marketing expenses including distribution charges, dealer commission, Branding and promotion are also not part of the BOM.

(s) “Ex-factory price” is the price declared by the manufacturer of the electronic product. All duties and taxes levied on the electronic product shall not be part of ex-factory price.

(t) “Bill of Material sourced from domestic manufacturers”: BOM sourced from domestic manufacturers would be the sum of the costs of all inputs which go into the product (including duties and taxes levied on procurement of inputs except those for which credit / set-off can be taken) and which have not been imported. An imported material or service including royalty, IPR/technical fees, which is sold by a domestic trader or intermediary shall not be considered as a domestically sourced BOM.

(u) “Domestically Manufactured Electronic Products (DMEP)”: Domestically Manufactured Electronic Products are those electronic products which are manufactured by entities that are registered and established in India, including in Special Economic Zones (SEZs) and engaged in manufacture of such electronic products in India and would include OEM and their Contract Manufacturers, but not traders. In addition, such products shall meet the criteria of domestic value-addition as laid down in the Policy, for being classified as DMEP.

(v) “Domestic Manufacturer”: Domestic Manufacturer is a manufacturer of domestically manufactured electronic products (DMEP)

(w) “Generic Products”: Generic Products in the context of this Policy are common electronic products which are extensively used across all sectors of economy and notified as such by DeitY or DOT.

(x) Inputs to an electronic product include parts, sub-parts, components, assemblies, manufacturing costs including cost of design and development/ assembling/ testing sourcing/ power/ finance/ logistics/ insurance done in-house and/ or by external Electronic Manufacturing Service provider, royalties and licensee fee for IPR, and/ or in-house R&D costs incurred/ amortized to create IPR embedded and other software integral to the specific product.

(y) “Profit after Tax” would mean the net profit earned by the company after deducting all expenses like interest depreciation and income tax.

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2. ELIGIBLE CONDITIONS: Kindly refer to clause 4 of Section – 1 i.e. detailed NIT.3. COST OF BIDDING

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

4. DOCUMENTS REQUIRED4.1 The goods required to be supplied, bidding procedures and contract terms and

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

4.2 The Bidder is expected to examine all instructions, forms, terms and specifications in the Bid Documents and clarifications/ amendments/ addenda, if any. Failure to furnish all information required as per the Bid Documents or submission of the bids not substantially responsive to the Bid Documents in every respect will be at the bidder's risk and may result in rejection of the bid.

5. CLARIFICATION OF BID DOCUMENTS5.1 A prospective bidder, requiring any clarification on the Bid Documents shall notify

the Purchaser in writing i.e. by Email as well as by FAX to the Purchaser as indicated in the DNIT i.e. Section-1. The Purchaser shall respond in writing to any request for the clarification of the Bid Documents, which it receives upto 13/07/2016. Copies of the query (without identifying the source) and clarifications by the Purchaser shall be sent to all prospective bidders and shall also be uploaded on ETS portal, as addendum, for all the prospective bidders who have downloaded the official copy of tender documents from ETS portal.

6. AMENDMENT OF BID DOCUMENTS6.1 The Purchaser may, for any reason, whether at its own initiative or in response

to a clarification requested by a prospective bidder, may modify bid documents by amendments prior to the date of submission of Bids with due notification to prospective bidders.

6.2 The amendments shall be notified in writing by FAX or Email or by Addendum through e-tendering portal ( for tenders invited through e-tendering process)to all prospective bidders on the address intimated at the time of purchase of the bid document from the purchaser and these amendments will be binding on them.

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

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

a. Documentary evidence establishing that the bidder is eligible to bid and is qualified to perform the contract if its bid is accepted in accordance with the clause 2 & 10.

b. Bid Security furnished in accordance with clause 12.c. A Clause by Clause compliance as per clause 11.2 (c)d. A Bid form and price schedule completed in accordance with clause 8 & 9.

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8. BID FORMThe bidder shall complete the bid form and appropriate Price Schedule furnished in the Bid Documents, indicating the goods to be supplied, brief description of the goods, quantity and prices as per Section-9.

9. BID PRICES9.1 The bidder shall give the total composite price inclusive of all Levies & Taxes i.e.

Sales Tax & Excise, packing, forwarding, freight and insurance etc. but excluding Octroi/ Entry Tax which will be paid extra as per actuals, wherever applicable. The basic unit price and all other components of the price need to be individually indicated against the goods it proposes to supply under the contract as per the price schedule given in Section 9 Part B. Prices of incidental services should also be quoted. The offer shall be firm in Indian Rupees. No Foreign exchange will be made available by the purchaser.

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

(a) The Basic Unit price (Ex-Factory Price) of the goods, Excise duty, Sales Tax, Freight, Forwarding, Packing, Insurance and any other Levies/ Charges already paid or payable by the supplier shall be quoted separately item wise.

(b) The supplier shall quote as per price schedule given in Section 9 part B for all the items given in schedule of requirement at Section 3 part C.

9.3 A bid submitted with an adjustable price quotation will be treated as non-responsive and rejected.

9.4 The prices quoted by the bidder shall be in sufficient detail to enable the Purchaser to arrive at the price of equipment/ system offered.

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

9.6 The price approved by BSNL for procurement will be inclusive of levies and taxes, packing, forwarding, freight and insurance as mentioned in clause 9.1 subject to other terms and condition as stipulated in clause 22.2 of Section 4 Part A. and clause 11 of Sec-5 Part A of Bid-document. Unloading charges at the consignee end shall be borne by the supplier and no separate charges shall be paid for transportation to individual sites for installation.

9.7 The freight by sea for transportation of equipment/Stores from the nearest port in the main land to Andaman & Nicobar Islands will be reimbursed to the supplier at the concessional rates levied by Ministry of Water and Surface Transport on production of proof.

10. DOCUMENTS ESTABLISHING BIDDER'S ELIGIBILITY AND QUALIFICATIONThe bidder shall furnish, as part of the bid documents establishing the bidder's eligibility, the following documents or whichever is required as per terms and conditions of Bid Documents.

a) Valid MSE Certificate, if applicable. In case the ownership of such MSE Entrepreneurs happens to be from SC/ST category, proof in this regard also need to be submitted.

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b) Type Approval Certificate given by Telecom Engineering Centre (TEC)/ TSEC issued by the Quality Assurance Circle of BSNL or proof of having applied for TSEC (Copy of Form QF 103 be attached).

c) Inspection Certificate issued by BSNL (QA) for execution of educational/ Commercial Order.

d) Additional documents to establish the eligibility and qualification of bidder as specified in Section-I and Section-4 Part B.

e) Power of Attorney per clause 14.3(a) and authorization for executing the power of Attorney as per clause 14.3 (b) or (c)

f) Documentary proof of applicable rate of ED/ CD/ Sales Tax/ VAT/Service Tax and other statutory dues and taxes.

g) Undertaking duly signed by front bidder and its technology/ consortium partner stating that both of them shall be liable for due performance of the contract jointly and severally as per clause 12.7(c) of section 4(A).

h) Certificates from all Directors of the bidder stating that none of their near relatives are working in BSNL in accordance with clause 34.

i) Certificate of incorporation.j) Article or Memorandum of Association or partnership deed or proprietorship

deed as the case may be.k) List of all Directors including their name(s), Director Identification

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

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

m) Approval from Reserve Bank of India/ SIA in case of foreign collaboration.

10.1 Documentary evidence for financial and technical capability

(a)The bidder shall furnish Annual Report and/ or a certificate from its bankers as evidence that he has financial capability to perform the contract.

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

10.2 In order to enable the Purchaser to assess the provenness of the system offered, the bidder shall provide documentary evidence regarding the system being offered by him.

10.3 The offered product has to be type approved. For this purpose, the supplier shall submit a sample type for evaluation. The sample would be evaluated for its ability to meet the technical specifications, manufacturability, reliability, testability, ease of installation, maintainability etc. Necessary documents to substantiate these attributes will have to be submitted at the time of application for approval by the supplier for obtaining type approval. In case goods offered have already been type approved/ validated by the Purchaser, documentary evidence to this effect shall be submitted by the bidder.

10.4 A signed undertaking from Authorised Signatory of the bidder that shall certify that all components/ parts/ assembly/ software used in the Desktops and Servers like Hard disk, Monitors, Memory etc. shall be original, new components/ parts/ assembly/ software and that no refurbished/ duplicate/ second hand components/

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parts/ assembly/ software are being used or shall be used.

10.5 For supply of any software i.e. operating system or any applications software the bidder should submit a Certificate of Authenticity (COA), signed by Authorised Signatory stating that all Software supplied are authentic and legal copy is/are being supplied.

10.6 Documentary evidence/ Declaration to the effect that the type of software to be utilized in the system/ equipment i.e. Packaged/ Canned OR Customized shall be furnished by the bidder. In case of Packaged/ Canned, the portion of value which represents consideration paid or payable for transfer of right to use such goods subject to provisions laid down in Central Excise/Custom Notifications”

11. DOCUMENTS ESTABLISHING GOOD'S CONFORMITY TO BID DOCUMENTS11.1 Pursuant to Clause-7, the bidder shall furnish, as part of its bid, documents

establishing the conformity of its bid to the Bid Documents of all goods and services which he proposes to supply under the contract.

11.2 The documentary evidences of the "goods and services" conformity to the Bid Documents, may be, in the form of literature, drawings, data etc. and the bidder shall furnish :

a. A detailed description of goods with essential technical and performance characteristics;

b. A list, giving full particulars including available sources and current prices of all spare parts, special tools, etc., necessary for the proper and continuous functioning of the goods for a period of three years following commencement of use of the goods by the purchaser, and

c. a clause-by-clause compliance on the purchaser's Technical Specifications and Commercial Conditions demonstrating substantial responsiveness to the Technical Specifications and Commercial Conditions. In case of deviations, a statement of the deviations and exception to the provision of the Technical Specifications and Commercial Conditions shall be given by the bidder. A bid without clause-by-clause compliance of the Scope of Work, Technical Specifications, SOR (Section-3 Part A, B & C), General (Commercial) Conditions & Special (Commercial) Conditions, General Conditions of AMC (Section- 5 Part A, B & C) shall not be considered.

11.3 For the purpose of compliance to be furnished pursuant to the clause above, the bidder shall note that the standards for the workmanship, material and equipment and reference to the brand names or catalogue number, designated by the Purchaser in its Technical specifications are intended to be descriptive only and not restrictive.

12. BID SECURITY/EMD12.1 The bidder shall furnish, as part of its bid, a bid security as mentioned in

Section-1(DNIT).

12.2 The bidders (MSEs) who are registered with Appropriate Authority are exempted from payment of bid security:

a. A proof regarding valid registration with body specified by Ministry of Micro, Small & Medium Enterprise for the tendered items will have to be attached

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along with the bid.b. The enlistment certificate issued by MSME should be valid on the date of

opening of tender.c. MSE unit is required to submit its monthly delivery schedule.d. If a vender registered with body specified by Ministry of Micro, Small &

Medium Enterprise claiming concessional benefits is awarded work by BSNL and subsequently fails to obey any of the contractual obligations, he will be debarred from any further work/ contract by BSNL for one year from the date of issue of such order.

12.3 The bid security is required to protect the purchaser against the risk of bidder's conduct, which would warrant the forfeiture of bid security pursuant to para 12.8.

12.4 A bid not secured in accordance with Para 12.1 & 12.2 shall be rejected by the Purchaser being non-responsive at the bid opening stage and archived unopened on e-tender portal for e-tenders and returned to the bidder unopened(for manual bidding process)

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

12.6 The bid security shall be in the form of a bank Guarantee issued by a scheduled bank in favour of the purchaser, valid for a period of 180 days from the date of tender opening. Bid security in the form of Account Payee Demand Draft or Banker’s Cheque, safeguarding the purchaser’s interest in all respects, shall also be acceptable. However, no interest shall be payable on this account.

12.7 The successful bidder's bid security will be discharged upon the bidder's acceptance of the advance purchase order satisfactorily in accordance with clause 27 and furnishing the performance security, except in case of L-1 bidder, whose EMBG/EMD shall be released only after the finalization of ordering of complete tendered quantity in pursuance to clause no. 24.4 & 27.3 of this section.

12.8 The bid security may be forfeited:

(a) If the bidder withdraws or amends its bid or impairs or derogates from the bid in any respect during the period of bid validity specified by the bidder in the Bid form or extended subsequently, or

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

(i) to sign the contract in accordance with clause 28 or

(ii) to furnish performance security within the specified time in accordance with clause 27.

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

(d) The front bidder shall submit an irrevocable undertaking duly singed by it and its technology/ consortium partner stating that both of them i.e. the front bidder and its technology/ consortium partner shall be liable for due performance of the contract jointly and severally, failing which both of

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them shall be liable to be barred from having any business dealing with BSNL for a period of three years.

13. PERIOD OF VALIDITY OF BIDS13.1 Bid shall remain valid for 150 days from the date of opening of bids prescribed by

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

13.2 In exceptional circumstances, the purchaser may request the consent of the bidder for an extension to the period of bid validity. The request and the response thereto shall be made in writing. The bid security provided under clause 12 shall also be suitably extended. The bidder may refuse the request without forfeiting its bid security. A bidder accepting the request and granting extension will not be permitted to modify its bid.

14. FORMAT AND SIGNING OF BID14.1 The bidder shall submit his bid, online (in case of e-tendering) & through sealed

envelopes physically (in case of tenders with manual bidding process), complying all eligibility conditions, other terms and conditions of tender document to be read along with the clarifications and amendments issued in this respect. All the documents must be authenticated, using Digital Signature (in case of e-tendering) & by hand signatures (for manual bidding process), by the authorized person. The letter of authorization shall be indicated by written power-of-attorney accompanying the bid.

14.2 The bid shall contain no interlineations, erasures or overwriting except as necessary to correct errors made by the bidder in which case such corrections shall be signed by the person or persons signing the bid. All pages of the original bid, except for un-amended printed literatures, shall be digitally signed by the person or persons signing the bid.

14.3 POWER OF ATTORNEYa. The power of Attorney should be submitted and executed on the non-

judicial stamp paper of appropriate value as prevailing in the concerned states(s) and the same be attested by a Notary public or registered before Sub-registrar of the state(s) concerned.

b. The power of Attorney be executed by a person who has been authorized by the Board of Directors of the bidder in this regard, on behalf of the Company/ institution/ Body corporate.

c. In case of the bidder being a firm, the said Power of Attorney should be executed by all the partner(s) in favour of the said Attorney.

d. Attestation of the specimen signatures of such authorized signatory of the bid by the Company’s/ firm’s bankers shall be furnished. Name, designation, Phone number, mobile number, email address and postal address of the authorized signatory shall be provided.

15. SEALING AND MARKING OF BIDS15.1 The bid should be submitted as per Clause 3 of tender information.15.1.1 The bids may be called under

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a) Single stage bidding & Single envelope system ORb) Single Stage Bidding & Two Envelope SystemThe details of sealing & marking of bids in each case is given below:

15.1.2 In Single stage bidding & single envelope system, the bidder shall submit all the documents specified for Techno-commercial bid & Financial bid in a single envelope. The cover shall contain the ‘Original Copy’ of the bids subject to clause 14.2. The envelope should be sealed by the personal seal of the bidder.

15.1.3 In Single stage bidding & two envelopes system, the bidder shall submit his bid in two envelopes;

The First envelope will be named as Techno-commercial bid. This envelope will contain documents of bidder’s satisfying the eligibility / Technical & commercial conditions as per clause 2 & 10 with Bid Security as per Clause 12. Second envelope will be named as Financial bid containing Price Schedules as per Section 9 Part B .The cover of first envelope shall contain the ‘Original Copy’ of the Techno-commercial bid, subject to clause 14.2, duly marked 'TECHNO-COMMERCIAL BID '. The cover of second envelope shall contain the ‘Original Copy’ of the financial bid, subject to clause 14.2, duly marked ' FINANCIAL BID '.Both the envelopes should be sealed separately and further kept in a single main envelope under the personal seal of the bidder.

15.2 a) The envelopes shall be addressed to the purchaser inviting the tender.(i) In case of tenders invited by MMT section of BSNL CO, the PurchaserAddress shall be: DGM (MMT),

Bharat Sanchar Nigam Limited (Corporate Office),2nd Floor, Bharat Sanchar Bhawan, Janpath, New Delhi-110001.

(ii) In case of tenders invited from other section of BSNL CO./ Circles/ SSA of BSNL, the Purchaser Address shall be specified by the purchaser inviting the tender of concerned Circle/ SSA.

b) The envelope shall bear the name of the tender, the tender number and the words 'DO NOT OPEN BEFORE' (due date & time).

c) The inner and outer envelopes shall indicate the name and complete postal address of the bidder to enable the purchaser to return the bid unopened in case it is declared to be received 'late'.

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

e) Bids delivered in person on the day of tender opening shall be delivered upto specified time & date as stated in NIT to Section Officer (MMT) [in case of tenders invited by MMT section of BSNL C.O.] / concerned officer to be specified by tendering authority [In case of tenders invited from other units of BSNL CO./ Circles/ SSA of BSNL] at the venue (address is given in clause 15.2 (a) above). The purchaser shall not be responsible if the bids are delivered elsewhere.

f) Venue of Tender Opening:(i) In case of Tenders invited by MMT section of BSNL, C.O., tenders

will be opened in Meeting Room, 2nd Floor, Bharat Sanchar Page 31 of 127

Bhawan, Janpath, New Delhi-110001 at specified time & date as stated in NIT.

(ii) In case of tenders invited from other units of BSNL CO./ Circles / SSA of BSNL, the details of Venue shall be specified by the purchaser inviting the tender of concerned Circle/ SSA .If due to administrative reasons, the venue of Bid opening is changed, it will be displayed prominently on Meeting Room, 2nd Floor, Bharat Sanchar Bhawan and notice board on 2nd Floor, Bharat Sanchar Bhawan)[ in case of tenders invited by MMT section of BSNL C.O.] & at a place notified by other section of BSNL CO/ Circle/SSA [In case of tenders invited from other sections of BSNL CO/ Circles/ SSA of BSNL].

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

16. SUBMISSION OF BIDS16.1. Bids must be submitted by the bidders on or before the specified date &

time indicated in Clause 6 of Section-1 i.e. DNIT.16.2 The Purchaser may, at its discretion, extend this deadline for the

submission of bids by amending the Bid Documents in accordance with clause 6 in which case all rights and obligations of the purchaser and bidders previously subject to the deadline will thereafter be subjected to the extended deadline.

16.3 The bidder shall submit its bid offer against a set of bid documents purchased by him for all 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 BIDSNo bid shall be accepted either online by E-Tender Portal or physically in case of manual bidding process after the specified deadline for submission of bids prescribed by the purchaser.

18. MODIFICATION AND WITHDRAWAL OF BIDS18 .1 The bidder may modify, revise or withdraw his bid after submission prior to

deadline prescribed for submission of bid.18.2 The bidder’s modification, revision or withdrawal shall have to be online and

digitally authenticated (in case of e-tendering) & physically (in case of manual bidding process) as per clause 15.

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

19. OPENING OF BIDS BY PURCHASER19.1 The purchaser shall open bids online (in case of e-Tenders) or physically (in

case of manual bidding process) in the presence of the authorized

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representatives of bidders online (in case of e-Tenders) or physically present (in case of e-Tenders as well as manual bidding process) who chose to attend, at time & date specified in Clause 7 of DNIT on due date. The bidder's representatives, who are present, shall sign in an attendance register. Authority letter to this effect shall be submitted by the authorized representatives of bidders before they are allowed to participate in bid opening (A Format is given in Section-7).

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

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

(i) In Single stage bidding & single envelope system; techno-commercial bid & financial Bid will be opened on the date of tender opening given in NIT.

(ii) In Single stage bidding & two envelopes system; the bids will be opened in 2 stages i.e. the techno-commercial bid shall be opened on the date of tender opening given in NIT. The financial bid will not be opened on the Date of opening of techno commercial bids in this case & sealed financial bids will be handed over to DGM (MMT), BSNL, CO./ Other section in BSNL, CO./ ‘MM’ cell in circle/ SSA offices (as applicable) for retention.Thereafter the CET will evaluate Techno-commercial bids & the report of CET will be approved by competent authority.The financial bids of those bidders who are approved to be techno-commercially compliant by the competent authority, will be opened by TOC in front of techno commercially eligible bidders/ authorized representatives by sending them a suitable notice.

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

a) Name of the Bidderb) Name of the itemc) EMD amount & validity and acceptabilityd) Information in respect of eligibility of the bidder.e) Details of bid modification/ withdrawal, if applicable.

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

a) Name of the Bidder b) Name of the itemc) Quantities/prices quoted in the bid d) Discount, if offerede) Taxes & levies

19.4 The date fixed for opening of bids, if subsequently declared as holiday by the BSNL, the revised date of schedule will be notified. However, in absence of such notification, the bids will be opened on next working day, time and venue remaining unaltered.

20. CLARIFICATION OF BIDS20.1 To assist in the examination, evaluation and comparison of bids, the

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

20.2 If any of the documents, required to be submitted along with the technical bid is found wanting, the offer is liable to be rejected at that stage. However the purchaser at its discretion may call for any clarification regarding the bid document within a stipulated time period. In case of non compliance to such queries, the bid will be out rightly rejected without entertaining further correspondence in this regard.

21. PRELIMINARY EVALUATION21.1 Purchaser shall evaluate the bids to determine whether they are complete,

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

21.2 Arithmetical errors shall be rectified on the following basis. Based on the quoted percentage of duties and taxes, Freight etc. the amounts quoted thereof shall be worked out and rounded off to 2 decimal points. In case the unit price quoted in column 12 does not tally with its breakup quoted in col. 4, 6, 8, 10 & 11, the same shall be corrected by summing up the breakups. 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.

21.3 If there is a discrepancy between words and figures, the amount in words shall prevail. If the supplier does not accept the correction of the errors, its bid shall be rejected.

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

21.5 A bid, determined as substantially non-responsive will be rejected by the purchaser and shall not subsequent to the bid opening be made responsive by the bidder by correction of the non-conformity.

21.6 The Purchaser may waive any minor infirmity or non-conformity or irregularity in a bid which doesn't constitute a material deviation, provided such waiver doesn't prejudice or affect the relative ranking of any bidder.

22. EVALUATION AND COMPARISON OF SUBSTANTIALLY RESPONSIVE BIDS22.1 The Purchaser shall evaluate in detail and compare the bids previously

determined to be substantially responsive pursuant to clause 21.22.2 The evaluation and comparison of responsive bids shall be done on the basis

of Net cost to BSNL on the prices of the goods offered inclusive of Duties and Page 34 of 127

taxes (but excluding CENVAT-able Duties & Taxes), Sales Tax, Packing, Forwarding, Freight and Insurance charges etc. as arrived in Col. 17 of the price schedule in the Section-9 Part B of the Bid-document after arithmetical correction in the manner laid down in clause 21.2 above.As stipulated in clause 9.1, Octroi/ Entry Taxes are not to be included in the composite price and hence the same will not be considered for the purpose of evaluation and comparison of responsive bids. However, Octroi/ Entry Taxes will be paid extra. as per actual wherever applicable on production of proof of payment/relevant invoices/documents.

(a) “Duties & Taxes for which the firm has to furnish CENVATable Challans/ Invoices will be indicated separately in the PO/APO.

(b) Vendors should furnish the correct E.D./Customs tariff Head in the price Schedule. If the credit for the Duties and Taxes under CENVAT Credit Rules, 2004 is found to be not admissible at any stage subsequently owing to wrong furnishing of Tariff Head, then the vendors will be liable to refund such non-admissible amount, if already paid, along with penalty if charged by the concerned authority.

(c) In case the Duties & Taxes which are non CENVAT-able as per the quotes indicated in the price schedule by the vendors and subsequently at any stage it is found that Credit for such Duties & Taxes is admissible as per CENVAT Credit Rules, 2004, then the vendors will be liable to refund the amount equivalent to such Duties & Taxes if already paid to them. However, the purchaser may allow the supplier to submit necessary documents in this regard which may enable the purchaser to avail the CENVAT credit provided such credit is still available for the amount so paid as per CENVAT Credit Rules 2004.

(d) The purchaser reserves the right to ask the bidders to submit documentary proof confirming the correct Tariff Head from the E.D./Customs authority where the Tariff Head furnished against the particular tendered item by different bidders differs from each other or the same is found apparently not furnished in accordance with E.D./ Customs Tariff notifications.

(e) “If the supplier fails to furnish necessary supporting documents i.e. Excise/ Customs invoices etc. in respect of the Duties/taxes which are Cenvatable, the amount pertaining to such Duties/ Taxes will be deducted from the payment due to the firm.”

23.0 CONTACTING THE PURCHASER

23.1 Subject to Clause 20, no bidder shall try to influence the Purchaser on any matter relating to its bid, from the time of the bid opening till the time the contract is awarded.

23.2 Any effort by a bidder to modify its bid or influence the purchaser in the purchaser's bid evaluation, bid comparison or contract award decision shall result in the rejection of the bid.

24.0 PLACEMENT OF ORDER24.1. The Purchaser shall consider placement of orders for commercial supplies

only on those eligible bidders whose offers have been found technically, commercially and financially acceptable and whose goods have been type

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approved/ validated by the purchaser. The Purchaser reserves the right to counter offer price(s) against price(s) quoted by any bidder.

24.2 The ordering price of any bidder shall not exceed the lowest evaluated package price. However, at a later stage if there is any increase in Govt. duties/taxes within scheduled delivery date (SDD), the unit prices with applicable revised duties/taxes will be paid to suppliers irrespective of their ranking viz.L1/ L2/ L3 …..etc keeping other levies & charges unchanged.

24.3. The purchaser reserves the right for the placement of order of entire tendered quantity on the bidder with the lowest evaluated price.

24.4 In the event of L2 and so on bidders refusing to accept its package de-rated to the price of L1 bidder, BSNL reserves the right to place the order for entire quantity to the L1 bidder. It is mandatory for the L1 bidder to accept such an offer (second APO) at evaluated L1 price and shall perform the whole contract as envisaged in the tender document. The additional quantity, due to non-acceptance of respective quantity by L2 and/or L3 and so on bidders, as envisaged in clause 18 (Distribution of Quantity) in section 5 Part B, shall be supplied by the L1 bidder as part of whole contract.

25. PURCHASER'S RIGHT TO VARY QUANTITIES(a) BSNL reserves the right to increase or decrease up to 25% of the

quantity of goods and services specified in the schedule of requirements without any change in the unit price or other terms and conditions at the time of award of contract.

(b) BSNL also reserves the right for placement of additional order or up to 50% of the additional quantities of goods and services contained in the running tender/ contract within a period of twelve months from the date of acceptance of first APO in the tender at the same rate or a rate negotiated (downwardly) with the existing venders considering the reasonability of rates based on prevailing market conditions and the impact of reduction in duties and taxes etc and supplies to be obtained within delivery period scheduled afresh.

(c) In exceptional situation where the requirement is of an emergent nature and it is necessary to ensure continued supplies from the existing venders, the purchaser reserves the right to place repeat order up to 100% of the quantities of goods and services contained in the running tender /contract within a period of twelve months from the date of acceptance of first APO in the tender at the same rate or a rate negotiated (downwardly) with the existing venders considering the reasonability of rates based on prevailing market conditions and the impact of reduction in duties and taxes etc. Exceptional situation and emergent nature should be spelt out clearly detailing the justification as well as benefits accrued out of it and loss incurred in case this provision is not invoked and approved by the authority competent to accord administrative and financial approval for the procurement calculated on the basis of total procurement i.e. initial and proposed add-on quantity.

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26. PURCHASER'S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDSThe 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 ORDER27.1. 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,

give its acceptance along with performance security in conformity with the proforma provided with the bid document at Section-7.

28. SIGNING OF CONTRACT28.1 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 pursuant to clause 12, except in case of L-1 bidder, whose EMBG/ EMD shall be released only after finalization of ordering of complete tendered quantity in pursuance to clause no. 24.4 and 27 of this section..

29. ANNULMENT OF AWARDFailure of the successful bidder to comply with the requirement of clause 27 & 28 shall constitute sufficient ground for the annulment of the award and the forfeiture of the bid security in which event the Purchaser may make the award to any other bidder at the discretion of the purchaser or call for new bids.

30. QUALITY ASSURANCE REQUIREMENTSThe supplier shall have Quality Management System supported and evidenced by the following:a) A Quality Policy.b) A management representative with authority and responsibility for

fulfilling QA requirements and for interfacing with purchaser in the matters of Quality.

c) Procedure for controlling design/ production engineering, materials, choice of components/vendors, manufacturing and packaging process for supplying quality products.

(d) System of Inward Good Inspection.(e) System to calibrate and maintain required measuring and test

equipment.(f) System for tracing the cause for non-conformance (traceability) and

segregating product which don't conform to specifications.(g) Configuration management and change-control mechanism. (h) A quality plan for the product.

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(i) Periodical internal quality audits.(j) A 'Quality Manual' detailing the above Or infrastructure assessment

certificate and Type Approval Certificate (TAC)/ Technical Specifications Evaluation Certificate (TSEC) issued by "QA Circle" shall be furnished.

31. REJECTION OF BIDS31.1 While all the conditions specified in the Bid documents are critical and are

to be complied, special attention of bidder is invited to the following clauses of the bid documents. Non-compliance of any one of these shall result in outright rejection of the bid.a) Clauses 12.1, 12.2 & 13.1 of Section- 4 Part A: The bids will be

rejected at opening stage if Bid security is not submitted as per Clauses 12.1 & 12.2 and bid validity is less than the period prescribed in Clause 13.1 mentioned above.

b) Clause 2 & 10 of Section-4 Part A: If the eligibility condition as per clause 2 of Section 4 Part A is not met and/ or documents prescribed to establish the eligibility as per Clause 10 of section 4 Part A are not enclosed, the bids will be rejected without further evaluation.

c) Clause 11.2 (c) of Section-4 Part A: If clause-by-clause compliance as well as deviation statements as prescribed are not given, the bid will be rejected at the stage of primary evaluation.

d) While giving compliance to Section-5 Part A, General Commercial conditions, Section-4 Part B, Special Instructions to Bidders, Section-5B Special (Commercial) Conditions of Contract and Section-3 Technical Specifications ambiguous words like "Noted", "Understood", “Noted & Understood" shall not be accepted as complied. Mere "Complied" will also be not sufficient, reference to the enclosed documents showing compliances must be given.

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

f) Section-4 Part A clause 9.5 on discount which is reproduced below:- "Discount, if any, offered by the bidder shall not be considered unless specifically indicated in the price schedule. Bidders desiring to offer discount shall therefore modify their offer suitably while quoting and shall quote clearly net price taking all such factors like Discount, free supply etc. into account".

31.2 Before outright rejection of the Bid by Bid-opening team for non-compliance of any of the provisions mentioned in clause 31.1(a), 31.1(b) of Section-4PartA, the bidder company is given opportunity to explain their position, however if the person representing the company is not satisfied with the decision of the Bid opening team, he/they can submit the representation to the Bid opening team immediately but in no case after closing of the tender process with full justification quoting specifically the violation of tender condition if any.

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

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date of tender opening even if it is liable for rejection and will preserve the bids in sealed cover as submitted by taking the signatures of some of the desirous representatives of the participating bidder/companies present on the occasion.

31.4 The in-charge of Bid opening team will mention the number of bids with the name of the company found unsuitable for further processing on the date of tender opening and number of representations received in Bid opening Minutes and if Bid opening team is satisfied with the argument of the bidder/company mentioned in their representation and feel that there is prima-facie fact for consideration, the in-charge of the bid opening team will submit the case for review to Officer competent to approve the tender as early as possible preferably on next working day and decision to this effect should be communicated to the bidder company within a week positively. Bids found liable for rejection and kept preserved on the date of tender opening will be returned to the bidders after issue of P.O. against the instant tender.

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

32. ACTION BY PURCHASER AGAINST BIDDER(S) / VENDOR(S) IN CASE OF DEFAULT.In case of default by Bidder(s)/ Vendor(s) such as

a) Does not supply the equipment in time;b) Equipment does not perform satisfactory in the field in accordance with the

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

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

33. Clause deleted.

34. NEAR-RELATIONSHIP CERTIFICATE34.1 The bidder should give a certificate that none of his/ her near relative, as

defined below, is working in the units where he is going to apply for the tender. In case of proprietorship firm certificate will be given by the proprietor. For partnership firm certificate will be given by all the partners and in case of limited company by all the Directors of the company excluding Government of India/ Financial institution nominees and independent non-Official part time Directors appointed by Govt. of India or the Governor of the state and full time Directors of PSUs both state and central. Due to any breach of these conditions by the company or firm or any other person the tender will be cancelled and Bid Security will be forfeited at any stage whenever it is noticed and BSNL will not pay any damage to the company or firm or the concerned person.

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

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participation in the concerned unit.34.3 The near relatives for this purpose are defined as:-

(a) Members of a Hindu undivided family.(b) They are husband and wife.(c) The one is related to the other in the manner as father, mother, son(s) & Son's wife (daughter in law), Daughter(s) and daughter's husband (son in law), brother(s) and brother's wife, sister(s) and sister's husband (brother in law).

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

35. VERIFICATION OF DOCUMENTS AND CERTIFICATES The bidder will ensure that all the documents and certificates, including experience/ performance and self certificates submitted by him are correct and genuine before enclosing them in the bid. The onus of proving genuineness of the submitted documents would rest with the bidder.

If any document/ paper/ certificate submitted by the participant bidder is found / discovered to be false / fabricated / tempered / manipulated either during bid evaluation or during award of contract or thereafter, then the Purchaser will take action as per Clause-1 of Appendix-1 of this section.

Note for Tender opening Committee: At the time of tender opening, the TOC will check/ verify that the documents conforming to eligibility part are submitted by the participant bidder duly authenticated by the authorized signatory to obviate any possibility of doubt and dispute and maintain veracity of the documents / papers/ certificates.The documents/ papers to be submitted in respective bid part have been explicitly stated in clause- 7 of Section-4 Part A. This opened bid part which is already signed by the authorized representative of the bidder company during bid submission will be signed by the tender opening committee on hard copy and preserve it along with the bids received online in case of e-tendering. These papers will be treated as authentic one, in case of any dispute.

36. Security Clause as per latest guidelines and requirement Mandatory Licensing requirements with regards to security related concerns issued by the Government of India from time-to-time shall be strictly followed. Successful Bidder shall be required to sign a security agreement with BSNL as required by DoT.

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SECTION-4 Part B

SPECIAL INSTRUCTIONS TO BIDDERS

The Special Instructions to Bidders shall supplement the 'Instructions to Bidders' and in case of any conflict with those in Section-4 Part A i.e. GENERAL INSTRUCTIONS TO BIDDERS (GIB), the provisions herein shall prevail.

1. ELIGIBILITY CONDITIONS

1.1 The bidder Company shall be registered & incorporated in India under the Companies Act, 1956 and should have been in existence as Company for at least last three (3) financial years i.e., 2012-13, 2013-14 and 2014-15.

1.2 The bidder Company shall have annual average turnover of Rs.100 Crores during the last three (3) financial years i.e., 2012-13, 2013-14 and 2014-15 i.e. a minimum sum total turnover of Rs. 300 Crores in these three F.Ys. In case of Indian subsidiary, the turnover of the Parent Company or Parent/Holding Company of the Parent Company shall also be taken into consideration for determining the fulfilment of this condition. Bidder Company shall submit their Annual Report & Audited Balance sheet along with Bid in this regard.

1.3 The bidder or its Parent Company should either be an Original Equipment Manufacturer (OEM) of GPON equipment or Transfer of Technology (TOT) partner of OEM of GPON equipment.

1.4 The bidder or its parent company should have executed at least one Commercial order issued by DOT/ BSNL/ MTNL/ State Government/ PSUs, OR, Telecom Service Providers in India or abroad for any type of equipment out of GPON OLTs / GEPON OLTs / MPLS Nodes / STM-16 / STM-64 / DWDM / DSLAM Terminals during the last three (3) financial years i.e 2013-14, 2014-15, 2015-16 (till the date of submission of bids). The bidders shall submit certificate(s) from the end user(s) for the satisfactory completion of work and performance of the equipment supplied by them as required under this clause. Certificates in this respect should contain contact details of person signing the certificate (including name, designation, telephone number, fax numbers and e-mail id of the signatory.

1.5 In case the bidder is not meeting the eligibility as per paras 1.2, 1.3 and 1.4 above, then bid can be submitted through a consortium agreement/ teaming agreement with the OEM firm meeting eligibility criteria clause 1.2, 1.3 and 1.4 above. However, in such case bidder shall be having a minimum turnover of INR 100 Crores each year during the last three years i.e. 2012-13, 2013-14 and 2014-15 and shall have an experience in supply, installation and commissioning of Networking/Telecom related projects of a cumulative total of minimum of INR 100 Crore during last three financial years (i.e. 2012-13, 2013-14 and 2014-15).

1.6 The bidder company should have Valid PAN No.

1.7 The bidder company should have Valid Sales/ Service Tax Registration Certificate no. or exemption certificate no.

1.8 The bidders shall submit necessary documentary proof showing that they meet the eligibility criteria along with their tender bid. All documents submitted will also be self attested by the bidder.

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1.9 In case of bids, where for the fulfillment of turnover & experience eligibility requirements, turnover and experience of parent company is being submitted then the bidder shall submit a declaration-cum-undertaking from authorized signatory of Parent company stating that they (The Parent Company) shall support and take responsibility to enable its subsidiary company (the bidder) to perform the contractual obligation.

1.10 The OEM/ToT Partner of GPON equipment can participate in the tender through consortium/teaming agreement with not more than one company on their behalf. In case of more than one bid of the same OEM/ToT Partner of GPON equipment, direct or through consortium by teaming, all such bids would be rejected.

1.11 In case a bid is being submitted through a legally bound consortium with OEM, having the bidder as a lead bidder, following are also applicable for consortium bids:

i. Consortium agreement should be in accordance with the requirements and terms & conditions of this tender and should clearly mention the details of scope of works and relationship, including commercial agreement and shall be submitted in the technical bid.

ii. Only bidder will interact with BSNL for all obligations/payment.

iii. The bidder is not permitted to be a consortium member under another bidder for this project.

iv. No change in consortium members i.e. addition or dropping of a member shall be permitted after the submission of the bid.

1.12 The bidder shall quote only one model for each of the tendered items, except batteries. For batteries, the bidder may quote a maximum of three models.

1.13 If the bidder is not the manufacturer of the tendered item(s) other than GPON equipment, then the bidder shall enter into legally binding agreement(s) with the manufacturer(s) of the quoted model(s) of such tendered item(s) for supply, installation and commissioning as well as maintenance of the quoted items during warranty and AMC period. Copy of such agreement(s) shall be furnished with the bid. The legally binding agreement should be in accordance with the requirements and terms & conditions of this tender.

1.14 All the quoted models of GPON OLT, ONT, Splitters, Ethernet to Optical Converter, Solar Panel, Batteries, Charging Control Unit (except Ethernet to Optical Converter) should have got Type Approval Certificate (TAC) from Telecom Engineering Centre (TEC), New Delhi or Technical Specification Evaluation Certificate (TSEC) from Quality Assurance Circle, BSNL, Bengaluru, against the respective technical specifications mentioned in Section-3-B of this document. In case any of the quoted models does not have TAC/ TSEC then should have applied for TSEC in QF-103 Form to Quality Assurance Circle, BSNL, Bengaluru or in Form-B to TEC, New Delhi for the model against the technical specifications mentioned in Section-3-B of this document at least one day before the opening of the tender. The TSEC QF-103 from available with bidder against the BBNL tender no. BBNL/MM/2016/002 dated 16.03.2016 is also valid for consideration of TSEC/QF-103.The registration number allotted for the TSEC purpose by QA Circle BSNL Bengaluru or for TAC purpose by TEC New Delhi shall be submitted along with the bid. However only type approved products as per above specifications, will be accepted, which will have to be obtained within ten (10) weeks from the date of Tender Bid Opening by the purchaser or before issue of APO by BSNL, whichever is earlier.

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1.15 The quoted or previous version of the quoted GPON OLT, ONT should have been successfully deployed. The bidders shall submit certificate(s) from the end user(s) for the satisfactory working/ performance of the deployed GPON OLT, ONT. The user certificate may be related to the equipment deployed for field trial or for commercial operations.

1.16 The bidders shall also submit certificate(s) from the end user(s) for the satisfactory working/ performance of the quoted models of splitters, solar panel and battery. The user certificate may be related to the equipment deployed for field trial or for commercial operations. The experience certificate of higher capacity of Solar Photovoltaic will also be acceptable.

Certificate(s) under Clause 1.15 & 1.16 may be in the name of the manufacturer/ owner of ToT with whom legally binding agreement has been furnished with the bid.

1.17 The equipment as defined under PMA policy shall meet the PMA guidelines.

Solar Photovoltaic (SPV) should be as per MNRE guidelines for availing subsidy.

1.18 For GPON equipment, this procurement would be in accordance to the policy notified by Government of India for providing preference to Domestically Manufactured Electronic Products (hereinafter called DMEP) in procurement vide Department of Electronics and Information Technology (DeitY) Notification No.8(78)/2010-IPHW dated 10-02-2012 (hereinafter called the Policy), Department of Telecommunications (DoT) Notification no.18-07/2010-IP dated 05-10-2012, guidelines issued by DeitY vide No.8(78)/2010-IPHW dated 12-06-2013 and other amendments/ guidelines issued from time to time. The modalities through which the preference for DMEP shall be operated shall be as follows:

i. The electronic products for which preference will be provided to domestic manufacturers shall be GPON equipment i.e. OLT, ONT, Splitter, EMS etc..

ii. The quantity of procurement for which the preference will be provided to domestic manufacturers shall be 100% of the total tendered quantity.

iii. Percentage of domestic value addition which qualifies the electronic product i.e. GPON equipment (OLT, ONT, Splitter and EMS) to be classified as domestically manufactured shall be 45% for the year 2015-16.

iv. The procedure for certification and assessment of the percentage of domestic value-addition in an electronic product is available in Section-IV-B of this document.

v. The preference to DMEP shall be subject to meeting technical specifications and matching the L1 price.

vi. The procedure for awarding the contract to DMEP and the treatment of the quantity earmarked for domestic manufacturer if no domestic manufacturer is available would be as elaborated in Section-5 Part-B of this document.

1.19 While this is a turnkey/ integration project, eligibility of a bidder as a domestic manufacturer would be determined on the domestic value addition calculated only for the value of notified DMEPs i.e. GPON equipment forming part of the turnkey/ system-integration project and not on the value of whole project.

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1.20 Each domestic manufacturer shall furnish the Affidavit of self-certification to the purchaser declaring that the electronic product is domestically manufactured in terms of the domestic value addition prescribed. The Affidavit of self-certification shall be furnished in format provided in Section-XI of this document.

1.21 The bidders shall submit necessary documentary proof showing that they meet the eligibility criteria along with their tender bid. All documents submitted have to be digitally signed. In addition, the experience certificates have to be counter signed by the bidder before uploading.

1.22 A certificate from the Chartered Accountant of the firm is to be furnished by the bidder for establishing the turnover requirement as stipulated under the eligibility criteria.

2. Bid Security

The bank guarantee/DD for bid security as prescribed in clauses 12.1 & 12.2 of Section-4 A of the bid document should be submitted by the bidder in a separate cover. The bank guarantee/DD so submitted shall be as per the format given in Section-7 A on prescribed judicial paper with stamps of proper value and should contain full address of the issuing branch of the bank with its telephone number and FAX number.

3. Quantity to be quoted in the bid by the bidder is for 100% of the tendered quantity.

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

5. A bidder can submit only one bid.

6. The Purchaser reserves the right to offer counter offer price(s) against the price(s) quoted by any bidder.

7. The bidders may seek clarifications prior to the last date and time of seeking clarifications either through the E-Procurement Portal or through E-mail. The template for seeking clarifications through email is enclosed. The bidder may submit queries in the specified template in .xlsx format and send the email as well as by FAX to the Purchaser as indicated in the DNIT i.e. Section-1. Alternatively, the queries may be submitted on the E-tendering portal in the template available on the portal. Queries received in any other format or sent to any other email id or received after the last date and time of seeking clarifications as specified in Detailed Notice Inviting tender clause 16 will not be addressed by BSNL. As this is an Electronic Tender, so queries received in physical form / hard copy / letter format etc. will not be addressed by BSNL. The clarifications should be sought for commercial conditions and technical conditions separately. The clarifications sought without any mention of the clauses of the tender document/ GR(s) may not be considered.

Template of seeking clarifications from BSNLS. No.

Section& Part No.

Clause No.

Page No.

Brief Description of the Clause

Query Submitted By (Company Name)

Query / Clarification sought for

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Hint for filling the template:S. No. Fill 1,2,3, …. in serial order for each querySection No. Fill Section No. 1,2, 3, 4…..Clause No. Fill exact clause No. e.g. 1(a), 1.1, 1(i)(a)Page No. Fill Page No. of the clause as printed on the tender documentQuery Submitted by (Company Name)Name of the company seeking clarification Query / Clarification sought forBrief Query of the bidder. Only one query may be sought in one row. Please use separate rows for each query even if the queries are related to same clause.

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

9. The bidder must comply with all tender conditions. Clause by Clause compliance for the tender document shall be submitted by the bidder along with the No deviation certificate. Every page of the same shall be signed and written as complied against each clause. The copy of the clarifications/ corrigendum shall also be submitted by the bidder duly signed on every page along with compliance against each clause.

10. The Bid shall be liable to be rejected, if any of the above clauses are not complied by the bidder.

11. If a successful bidder after accepting APO fails to supply or commission the full equipments or fails to carry the AMC/Maintenance for period of five/seven years, BSNL will get those unfinished work done through 2nd successful bidder at risk and cost of defaulted bidder in addition to penal action as said in the tender document. It shall be mandatory to other successful bidder to accept the unfinished work of defaulted successful bidder at the tender approved rate. It shall be mandatory to other successful bidder to accept the unfinished work of defaulted successful bidder at the tender approved rate

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Section- 4 Part C

E-tendering Instructions to Bidders

Note :-The instructions given below are TCIL’s e-tender portal-centric and for e-tenders invited by MM cell, BSNL, C.O. only. E-Portal address and the according references/clauses may be suitably modified in this section as applicable from time to time.

GeneralThese Special Instructions (for e-Tendering) supplement ‘Instruction to Bidders’, as enclosed in Sec 4 Part A of the Tender Documents. Submission of Bids only through online process is mandatory for this Tender.

For conducting electronic tendering, BSNL HQ is using the portal (https:/ / www . tcil - in d i a- elect r onicte n der.co m )/ of M/s TCIL, a Government of India Undertaking.

1. Tender Bidding Methodology:Sealed Bid System – ‘Single Stage - Two Envelopes’, followed by ‘e-Reverse Auction’ after opening of Financial-part (Financial &Technical bid shall be submitted at the same time.

2. Broad outline of activities from Bidders prospective:1. Procure a Digital Signing Certificate (DSC)

2. Register on Electronic Tendering System® (ETS)3. Create Users and assign roles on ETS4. View Notice Inviting Tender (NIT) on ETS5. Download Official Copy of Tender Documents from ETS6. Clarification to Tender Documents on ETS

• Query to BSNL (Optional)• View response to queries posted by BSNL, as addenda.

7. Bid-Submission on ETS8. Attend Public Online Tender Opening Event (TOE) on ETS Opening of

Techno-commercial Part9. View Post-TOE Clarification posted by BSNL on ETS (Optional)

Respond to BSNL’s Post-TOE queries10. Attend Public Online Tender Opening Event (TOE) on ETS Opening of

Financial-Part (Only for Technical Responsive Bidders)

3. Digital CertificatesFor integrity of data and its authenticity/ non-repudiation of electronic records, and be compliant with IT Act 2000, it is necessary for each user to have a Digital Certificate (DC). also referred to as Digital Signature Certificate (DSC), of Class 2 or above, issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer h t t p : //w w w.cca.gov.i n ].

4. RegistrationPage 46 of 127

1. To use the Electronic Tender® portal (https:/ / www . tcil - in d i a- elect r onicte n der.co m ), vendor needs to register on the portal( if not registered earlier). 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.

2. Pay Annual Registration Fee as applicable.

Note: After successful submission of Registration details and Annual RegistrationFee(as applicable). Please contact TCIL/ ETS Helpdesk (as given below), to get your registration accepted/activated.

TCIL Helpdesk/ ETS HelpdeskTelephone (011) 2624 1071

[between 9:30 hrs to 18:00 hrs on working days]Mobile Nos. 98683 93717 / 98683 93775E-mail ID ets _ su p p o r t@tcil- i nd i a . c o m

BSNL Contact-1BSNL’s Contact Person P Balaji Venkatesh, AGM (MMY)Telephone/ Mobile (011) 2371 7844

[between 9:30 hrs to 18:00 hrs on working days]E-mail ID balajivenkatesh1962@gmail.com

BSNL Contact-2BSNL’s Contact Person Manoj Jain, DM(MMX)Telephone/ Mobile (011) 2303 7172

[between 9:30 hrs to 18:00 hrs on working days]E-mail ID manoj_jain@bsnl.co.in

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

(a) Procurement of Official Copy of Tender Document/ addendum

After the process of registration on ETS portal, , those Bidders who have already procured Tender document offline from MM Cell, BSNL C.O, New Delhi would download the official copy of the same Tender Document/ addendum online from the e-tendering portal.

(b) Online Submission of Bids

The entire bid-submission would be online on ETS. Broad outline of submissions are as follows:

i) Submission of information about Bid Security/ Earnest Money Deposit (EMD) being submitted ‘offline’ on or before the date & time of submission of bids.

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ii) Submission of digitally signed copy of Tender Documents/ Addenda

(c) Submission of Two Electronic Envelopes

i) Technical-Part

ElectronicForms-Mandatory

Main-Bid-Mandatory

Bid-Annexures (Optional)

ii) Financial-Part

ElectronicForms-Mandatory

Main-Bid-Mandatory

Bid-Annexures (Optional)

(Financial price schedule should be uploaded as Main Bid in this part and it should not be uploaded again in the Bid annexures. If a bidder does so then price schedule as per ‘Main Bid’ only, shall be taken into consideration during financial evaluation.

NOTE: Bidder must ensure that after above submissions & all other functional steps of the ETS portal the status of bid submission must become – “Complete”. It should be noted that only when ‘Status pertaining overall bid submission’ becomes ‘Complete’ then only the bid of a bidder appears in the Electronic Tender Box on ETS portal and can be opened by tender opening committee of BSNL. Even if a bidder submits some parts (as per ETS portal) of the online bid are submitted these will not be transferred to Electronic tender Box until all the steps are completed and ‘Status pertaining overall bid submission’ becomes ‘Complete’. After status pertaining ‘Status pertaining overall bid submission’ becomes ‘Complete’ may generate a receipt for ‘Confirmation of final bid submission’ on ETS portal.

Bidders should refer to User Manual for SO (Supplier Organisation) in USER GUIDANCE link of ETS portal and follow all Do’s and Don’ts and other essential settings & guidelines.

Bidders must ensure that all documents uploaded on e-tender portal as files or zipped folders, contain valid files and are not corrupt or damaged due to any processing at bidder PC system like zipping etc. It shall be the responsibility of bidder himself for proper extractability of uploaded zipped files. Any error/ virus creeping into files/folder from client end PC system cannot be monitored by e-tender software/ server and will be bidder’s responsibility only.

In case the files are non-extractable or illegible otherwise, then the bidder’s authorized representative shall be given one chance by Tender Opening Committee to open & demonstrate the contents of bid data downloaded from the e-tender portal in his presence.

If, even after above chance, the bidder is unable to open & demonstrate the contents of bid data downloaded from the e-tender portal in his presence then no fresh bid in any form, soft or hard copies, shall be accepted by tendering authority and his bid shall be summarily rejected and treated as non-responsive.

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6. Offline Submissions:The bidder is requested to submit the following documents offline to DM (MMT), BSNL Corporate Office, 2nd Floor, Bharat Sanchar Bhawan, Janpath, New Delhi – 110001 on or before the date & time of submission of bids specified in covering letter of this tender document, in a Sealed Envelope. The envelope shall bear (name of the work), the tender number and the words ‘DO NOT OPEN BEFORE’ (due date & time).

1. EMD-Bid Security in Original.2. Tender fee.3. Power of attorney in accordance with clause

14.4 of Section-4 Part A.4. Integrity Pact.5. Sealed pass-phrases used for encryption of

electronic bid parts.

7. Special Note on Security of BidsSecurity related functionality has been rigorously implemented in ETS 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. Security related aspects as regard Bid Submission are outlined below:

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

‘Electronic Forms’ and the ‘Main-Bid’ are securely encrypted using a Pass-Phrase created by the Bidder himself. Unlike a ‘password’, a Pass-Phrase can be a multi-word sentence with spaces between words (e.g. I love this World). A Pass-Phrase is easier to remember, and more difficult to break. It is recommended that a separate Pass-Phrase be created for each Bid-Part. This method of bid-encryption does not have the security and data-integrity related vulnerabilities which are inherent in e-tendering systems which use Public-Key of the specified officer of a Buyer organization for bid-encryption. Bid-encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE), even if there is connivance between the concerned tender-opening officers of the Buyer organization and the personnel of e-tendering service provider.

Typically, ‘Pass-Phrase’ of the Bid-Part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself, when demanded by the concerned Tender Opening Officers who will open the bid. Else Tender Opening Officer may authorize the bidder to open his bid himself.It is important for the bidder to keep a safe record of his Pass-phrases. It is the RESPONSIBILITY of the bidder to provide the CORRECT PASS-PHRASE for decrypting his bid part. In case the bidder is unable to provide the correct pass-phrase during the TOE, it will not be possible to open his bid and as his bid will be REJECTED (i.e. Archived Un-opened). Before rejection in such a situation, the bidder will be given opportunity to himself enter the pass-phrase from his own office or from BSNL’s office if his representative is physically present there.

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There is an additional protection with SSL Encryption during transit from the client-end computer of a Supplier organization to the e-tendering server/ portal.

8. Public Online Tender Opening Event (TOE)ETS offers a unique facility for ‘Public Online Tender Opening Event (TOE)’. Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices. For this purpose, representatives of bidders (i.e. Supplier organization) dully authorized are requested to carry a Laptop and Wireless Connectivity to Internet.Every legal requirement for a transparent and secure ‘Public Online Tender Opening Event (TOE)’ has been implemented on ETS. As soon as a Bid is decrypted with the corresponding ‘Pass-Phrase’ as submitted online by the bidder himself (during the TOE itself), salient points of the Bids are simultaneously made available for downloading by all participating bidders. The work of taking notes during a manual ‘Tender Opening Event’ is therefore replaced with this superior and convenient form of ‘Public Online Tender Opening Event (TOE)’.ETS has a unique facility of ‘Online Comparison Chart’ which is dynamically updated as each online bid is opened. The format of the chart is based on inputs provided by the Buyer for each Tender. The information in the Comparison Chart is based on the data submitted by the Bidders in electronic forms. A detailed Technical and/ or Financial Comparison Chart enhances Transparency. Detailed instructions are given on relevant screens.ETS has a unique facility of a detailed report titled ‘Minutes of Online Tender Opening Event (TOE)’ covering all important activities of ‘Online Tender Opening Event (TOE)’. This is available to all participating bidders for ‘Viewing/ Downloading’.There are many more facilities and features on ETS. For a particular tender, the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer.

NOTE: In case of internet related problem at a bidder’s end, especially during‘critical events’ such as – a short period before bid-submission deadline, during online public tender opening event, during e-auction, it is the bidder’s responsibility to have backup internet connections. In case there is aproblem at the e-procurement/ e-auction service-provider’s end (in the server, leased line, etc) due to which all the bidders face a problem during critical events, and this is brought to the notice of BSNL by the bidders in time, then BSNL will promptly re-schedule the affected event(s).

9. E-Reverse Auction - Not Applicable

10. Other InstructionsFor further instructions, the vendor should visit the home-page of the portal (https:/ / www . tcil - in d i a- elect r onicte n der.co m ), and go to the User-

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Guidance Center

The help information provided through ‘ETS User-Guidance Center’ is available in three categories – Users intending to Register / First-Time Users, Logged-in users of Buyer organizations, and Logged-in users of Supplier organizations. Various links are provided under each of the three categories.Note: It is strongly recommended that all authorized users of Supplier organizations should thoroughly peruse the information provided under the relevant links, and take appropriate action. This will prevent hiccups, and minimize teething problems during the use of ETS.The following ‘FOUR KEY INSTRUCTIONS for BIDDERS’ must be assiduously adhered to:1. Obtain individual Digital Signing Certificate (DSC or DC) well in

advance of your first tender submission deadline on ETS.2. Register your organization on ETS well in advance of your first tender submission deadline on ETS3. Get your organization’s concerned executives trained on ETS well

in advance of your first tender submission deadline on ETS4. Submit your bids well in advance of tender submission deadline on

ETS as there could be last minute problems due to internet timeout, breakdown, etc.While the first three instructions mentioned above are especially relevant to first-time users of ETS, the fourth instruction is relevant at all times.

11. Minimum Requirements at Bidders end• Computer System with good configuration (Min P IV, 1 GB

RAM, Windows 7 or above)• Broadband connectivity.• Microsoft Internet Explorer 6.0 or above• Digital Certificate(s) for users.

12. Vendors Training ProgramOne day training (10:00 to 17:00) would be provided. Training is optional and shall be arranged only on receipt of request from bidders. Vendors are requested to carry a Laptop and Wireless Connectivity to Internet.

Tentative Dates Date of uploading of Tender document +7 days

Venue Meeting Room, 2nd Floor, BSNLCorporate Office, Bharat SancharBhawan, Janpath, New Delhi – 110001

Vendors Training Charges(Per Participant) per training day

Rs. 2,500/- or as applicable by M/s TCIL(plus Service Tax as applicable)

Mode of Payment of Fees

DD drawn in favour of M/s TCIL, NewDelhi & payable at New Delhi

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SECTION-5 Part A

GENERAL (COMMERCIAL) CONDITIONS OF CONTRACT

6. APPLICATIONThe general condition shall apply in contracts made by the purchaser for the procurement of goods.

7. STANDARDSThe goods supplied under this contract shall conform to the standards prescribed in the Technical Specifications mentioned in section -3.

8. PATENT RIGHTSThe supplier shall indemnify the purchaser against all third-party claims of infringement of patent, trademark or industrial design rights arising from use of the goods or any part thereof in Indian Telecom Network.

9. PERFORMANCE SECURITY4.1 All suppliers (including MSEs who are registered with the designated MSME

bodies, like National Small Scale Industries Corporation etc. shall furnish performance security to the purchaser for an amount equal to 5% of the value of Advance 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 proforma provided in 'Section-7B of this Bid Document.

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.

10. INSPECTION AND TESTS5.1 The Purchaser or its representative shall have the right to inspect and test

the goods as per prescribed test schedules for their conformity to the specifications. Where the Purchaser decides to conduct such tests on the premises of the supplier or its subcontractor(s), all reasonable facilities and assistance like Testing instruments and other test gadgets including access to drawings and production data shall be furnished to the inspectors at no charge to the purchaser.

5.2 Should any inspected or tested goods fail to conform to the specifications the purchaser may reject them and the supplier shall either replace the rejected goods or make all alterations necessary to meet Specification / requirements

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free of cost to the purchaser.5.3 Notwithstanding the pre-supply tests and inspections prescribed in clause

5.1 & 5.2 above, the equipment and accessories on receipt in the Purchaser's premises will also be tested during and after installation before "take over" and if any equipment or part thereof is found defective, the same shall be replaced free of all cost to the purchaser as laid down in clause 5.4 below.

5.4 If any equipment or any part thereof, before it is taken over under clause 5.5, is found defective or fails to fulfill the requirements of the contract, the inspector shall give the Supplier notice setting forth details of such defects or failure and the supplier shall make the defective equipment good, or alter the same to make it comply with the requirements of the contract forthwith and in any case within a period not exceeding three months of the initial report. These replacements shall be made by the supplier free of all charges at site. Should it fail to do so within this time, the purchaser reserves the discretion to reject and replace at the cost of the supplier the whole or any portion of equipment as the case may be, which is defective or 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.

5.5 When the performance tests called for have been successfully carried out, the inspector / ultimate consignee will forthwith issue a Taking Over Certificate. The inspector /ultimate consignee shall not delay the issue of any "taking Over Certificate" contemplated by this clause on account of minor defects in the equipment which do not materially affect the commercial use thereof provided that the supplier shall undertake to make good the same in a time period not exceeding six months. The Taking Over Certificate shall be issued by the ultimate consignee within six weeks of successful completion of tests. In this case, BCPC (Bills Copy Payable Challan) shall be equivalent to "Taking Over Certificate", issuance of which shall certify receipt of goods in safe and sound condition. However, they shall not discharge the supplier of their warranty obligation. BCPC in respect of last consignment against the purchase order will be equivalent to "Taking Over Certificate".

5.6 Nothing in clause 5 shall in any way release the Supplier from any warranty or other obligations under this contract.

11. DELIVERY AND DOCUMENTS

6.1 Delivery of the goods 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, and the goods shall remain at the risk of the supplier until delivery has been completed. The delivery of the equipment shall be to the ultimate consignee as given in the purchase order.

6.2 The delivery of the goods and documents shall be completed within time frame stated in Clause 6 of Section-2 (Tender information).

6.3 All Technical assistance for installation, commissioning and monitoring of the equipment shall be provided by the Supplier at no extra cost during laboratory evaluation, validation/ type approval and field trial, if any.

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6.4 The extension of delivery period against the purchase order, if any, should be granted subject to the condition that BSNL shall have the absolute right to revise the price(s) and also to levy penalty for the delayed supplies.

12. TRAINING7.1 The bidder shall provide training for installation and maintenance staff of the

purchaser free of cost where required.7.2 The bidder shall specify in its bid the number of trainees, quantum of

proposed training, pre-training qualifications required of the trainees and duration of the proposed training.

7.3 The bidder shall provide all training material and documents.7.4 Conduct of training of the purchaser's personnel shall be at the suppliers' plant

and/or on-site in assembly start-up operation, maintenance and/or repair of the supplied goods.

13. INCIDENTAL SERVICES8.1 The supplier may be required to provide any or all of the following services:

(a) Performance or supervision of on-site assembly and/or start-up of the supplied Goods;

(b) Furnishing of tools required for assembly and/or maintenance of supplied Goods;

(c ) Performance of supervision or maintenance and/or repair of the supplied Goods, for a period of time agreed by the parties provided that this service shall not relieve the supplier of any warranty obligations under this contract.

14. SPARES9.1 The supplier shall be required to provide a list of the following material and

notifications pertaining to spare parts manufactured or distributed by the upplier of spares including cost and quantity considered for arriving at the price of spares in Sec-4 Part A clause 9.(a) Such spare parts as the purchaser may elect to purchase from the supplier

provided that such purchase shall not relieve the supplier of any warranty obligation under the contract.

(b) In the event of termination of production of the spare parts, the supplier shall:(i) give advance notification to the purchaser pending termination (not less

than 2 years), in sufficient time to enable the purchaser to procure life time spare; and

(ii) following such advance intimation of termination, furnish at no cost to the purchaser, the blue prints, drawings and specifications of spare parts, if and when requested.

9.2 Over a period of five years starting from the date of final acceptance, the supplier shall supply, at its own cost, all necessary spares which have not been included in the offer as part of the requirement. These spares should be supplied within a maximum period of 30 days from the notification by the

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purchaser of its need.

15. WARRANTY10.1 The supplier shall warrant that the stores to be supplied shall be new and free

from all defects and faults in materials used, workmanship and manufacture and shall be of the highest grade and consistent with the established and generally accepted standards for materials of the type ordered and shall perform in full conformity with the specifications and drawings. The supplier shall be responsible for any defect that may develop under the conditions provided by the contract and under proper use, arising from faulty material, design or workmanship such as corrosion of the equipment, inadequate quantity of material to meet equipment requirements, inadequate contact protection, deficiencies in circuit design and/ or otherwise and shall remedy such defects at its own cost when called upon to do so by the Purchaser who shall state in writing in what respect the stores are faulty. This warranty shall survive inspection or payment for/ and acceptance of goods, but shall expire (except in respect of complaints notified prior to such date) twelve months after the stores have been taken over under clause 5.5 above.

10.2 If it becomes necessary for the Supplier to replace or renew any defective portion(s) of the equipment under this clause, the provisions of the clause10.1 shall apply to the portion(s) of the equipment so replaced or renewed or until the end of the above mentioned period of twelve months, whichever may be later. If any defect is not remedied by the supplier within a reasonable time, the Purchaser may proceed to get the defects remedied from other supplier etc., at the supplier's risk and expenses, but without prejudice to any other rights which the purchaser may have against the supplier in respect of such defects.

10.3 Replacement under warranty clause shall be made by the supplier free of all charges at site including freight, insurance and other incidental charges.

16. PAYMENT TERMS: The procedure for payment of specified percentage of the price have been provided at Clause-20 of Section 5 Part-B.

Note:- All statutory taxes as applicable shall be deducted at source before payment.

11.1 For claiming this payment the following documents are to be submitted to the paying authority :

(a) Invoice clearly indicating break up details of composite price i.e. Basic, E.D., Sales Tax, any other Duties and Taxes, Freight/Packing Charges, Service Tax etc.

(b) Acknowledged Delivery Challan in original.(c) Excise gate pass / invoice or equivalent document, if applicable.(d) Inspection Certificate of QA (payable copy in original)(e) Consignee receipt (f) The sea freight receipt as per the rates approved by the Ministry of Water

and Surface Transport, if applicable.

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(g) Proof of payment of Octroi/ entry tax etc., if applicable.Note :- If the supplier fails to furnish necessary supporting documents i.e. excise/Customs invoices etc. in respect of the Duties/taxes which are CENVAT-able, the amount pertaining to such Duties/Taxes will be deducted from the payment due to the firm.

11.2 Form C and also a certificate stating that the tendered item (stores) are meant for the use of BBNL shall be provided by the purchaser on the request of the bidder as and when asked for.

11.3 No payment will be made for goods rejected at the site on testing.11.4 The bidder has to give the mandate for receiving payment costing Rs 5 lakhs

and above electronically and the charges, if any, levied by bank has to be borne by the bidder/ contractor/supplier. The bidder company is required to give the following information for this purpose:-

(a) Beneficiary Bank Name:(b) Beneficiary branch Name:(c) IFSC code of beneficiary Branch(d) Beneficiary account No. :(e) Branch Serial No. (MICR No.)

17. PRICES

12.1 Prices charged by the supplier for goods delivered and 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-12.2 mentioned below.

12.2 For changes in taxes/ duties during the scheduled delivery period, the unit price shall be regulated as under:

(a) Prices will be fixed at the time of issue of purchase order as per taxes and statutory duties applicable at that time

(b) In case of reduction of taxes and other statutory duties during the scheduled delivery period, purchaser shall take the benefit of decrease in these taxes/ duties for the supplies made from the date of enactment of revised duties/taxes.

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

12.3 Any increase in taxes and other statutory duties/ levies, after the expiry of the delivery date shall be to the supplier's account. However, benefit of any decrease in these taxes/duties shall be passed on to the Purchaser by the supplier. The total price is to be adjusted (by reducing the basic price) with increased duties and taxes as per price mentioned in PO.

18. CHANGES IN PURCHASE ORDERS13.1 The purchaser may, at any time, by a written order given to a supplier, make

changes within the general scope of the contract in any one or more of the following:(a) drawings, designs or specifications, where Goods to be supplied under the

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contract are to be specifically manufactured for the Purchaser;(b) the method of transportation or packing;(c) the place of delivery; or(d) the services to be provided by the supplier.

13.2 If any such change causes an increase or decrease in the cost of, or the time required for the execution of the contract an equitable adjustment shall be made in the contract price or delivery schedule, or both, and the contract shall accordingly be amended. Any proposal by the supplier for adjustment under this clause must be made within thirty days from the date of the receipt of the change in order.

19. SUBCONTRACTSThe 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.

20. DELAYS IN THE SUPPLIER'S PERFORMANCE15.1 Delivery of the Goods and performance of the services shall be made by the

Supplier in accordance with the time schedule specified by the purchaser in its purchase order. In case the supply is not completed in the stipulated delivery period, as indicated in the Purchase Order, purchaser reserves the right to short-close/ cancel this purchase order and/ or recover liquidated damage charges. The cancellation/ short-closing of the order shall be at the risk and responsibility of the supplier and purchaser reserves the right to purchase balance unsupplied item at the risk and cost of the defaulting vendors.

15.2 Delay by the Supplier in the performance of its delivery obligations shall render the Supplier liable to any or all of the following sanctions:(a) forfeiture of its performance security,(b) imposition of liquidated damages, and/ or(c) Short closure of the contract in part or full and/ or termination of the contract for default.

15.3 If at any time during the performance of the contract, the supplier encounters condition impending timely delivery of the goods and performance of service, the supplier shall:(a) Promptly notify to the Purchaser in writing the fact of the delay, its likely

duration and its cause(s). As soon as practicable after receipt of the supplier's notice, the purchaser shall evaluate the situation and may at its discretion extend the period for performance of the contract (by not more than 20 weeks or as per provisions of clause 16.2 Section-5A as per provision given below :

(b) The vendor has to submit their request for extension along with the undertaking as per clause 24 Section-5A (Fall Clause) and a copy of QA inspection certificate at least two weeks before the expiry of delivery period. The vendor shall also submit unconditional acceptance of the conditions for delivery period extension i.e. applicability of liquidated damages, prices to be provisional and to be regulated as per clauses 12.3 and 24 of section-5A and submission of additional BG, wherever

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applicable. The decision regarding extension shall be communicated within two weeks of the receipt of request and after receipt of the unconditional acceptance and the undertaking mentioned above.

(c) In case extension is being granted beyond 20 weeks then the vendor shall submit additional BG while seeking extension. For piecemeal items the amount of additional BG shall be 5% of the value of balance quantity of items to be supplied for which extension in delivery period has been sought. In case of infrastructure/turnkey projects other than as stated above, 1% of the total project value shall be the value for additional BG. The additional BG shall be valid for six months beyond extension of. delivery period sought and shall be discharged after the full ordered quantity has been supplied to the ultimate consignee within the last extended delivery period on submission of inspection certificate from QA and consignee receipt without prejudice to the other remedies available to the purchaser.

(d) If the vendor fails to deliver the full ordered quantity even during extended delivery period then the PO shall be short-closed and the Performance Bank Guarantee as well as additional BG shall be forfeited.

(e) Format of (i) letters conveying conditions of DP extension and (ii) DP extension letter are given in Section 7.

15.4 If the supplies are not completed in the extended delivery period, the purchase order shall be short-closed and both the Performance securities shall be forfeited.

21. LIQUIDATED DAMAGES16.1 The date of delivery of the stores stipulated in the acceptance of the

tender should be deemed to be the essence of the contract and delivery must be completed not later than the dates specified therein. Extension will not be given except in exceptional circumstances. Should, however, deliveries be made after expiry of the contracted delivery period, without prior concurrence of the purchaser and be accepted by the consignee, such delivery will not deprive the purchaser of its right to recover liquidated damage under clause 16.2 below. However, when supply is made within 21 days of the contracted original delivery period, the consignee may accept the stores and in such cases the provision of clause 16.2 will not apply. Further, DP extension for this grace period of 21 days shall not be necessary.

16.2 While granting extension of delivery period as per clause 15.3, the liquidated damages shall be levied as follows:(a) Should the supplier fails to deliver the store or any consignment thereof

within the period prescribed and agreed for delivery, the purchaser, without prejudice to other remedies available to the purchaser shall be entitled to recover, as agreed liquidated damages for breach of contract, a sum equivalent to 0.5% of the value of the delayed supply and/ or undelivered material/ supply for each week of delay or part thereof for a period up to 10 (TEN) weeks, and

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thereafter at the rate of 0.7% of the value of the delayed supply and/ or undelivered material/ supply for each week of delay or part thereof for another TEN weeks of delay.

(b) DP extension beyond 20 weeks would not be generally allowed. The extension beyond 20 weeks may be decided in most exceptional circumstances on case to case basis, by the CGM concerned in case of tenders floated by Circles and by the Functional Director concerned in case tenders floated by Corporate Office, stating reasons and justifications for grant of extension of delivery period beyond 20 weeks.

(c) In the case of package supply/ turnkey projects when the delayedportion of the supply materially hampers installation and commissioning of the systems, LD charges shall be levied as above on the total value of the concerned package of the Purchase Order.

(d) Quantum of liquidated damages assessed and levied by the purchaser and decision of the purchaser thereon shall be final and binding on the supplier, further the same shall not be challenged by the supplier either before Arbitration tribunal or before the court. The same shall stand specifically excluded from the purview of the arbitration clause, as such shall not be referable to arbitration. However, when supply is made to the ultimate consignee within 21 days of QA clearance in the extended delivery period and the goods were dispatched within this delivery period, the consignee may accept the stores and in such cases the LD shall be levied up to the date of dispatch after QA clearance only.

(e) The total value of the liquidated damages as per above sub-clauses shall be limited to a maximum of 12% (Twelve percent) i.e. LD shall be levied up to 20 weeks only as per provision at Para (a).

16.3 In cases where the scheduled delivery period is distributed month-wise or is in installments, the liquidated damages shall be imposed for delay in each scheduled month/ installment. Liquidated damages shall be calculated separately for quantities to be supplied in every month/ installment and the corresponding delay. If the supplier supplies full quantity before the expiry of the scheduled delivery period of the last month/ installment but there is delay in month-wise/ installment-wise supply, then also liquidated damages shall be levied on the supplies against the earlier months/ installments that have been delayed. Twenty (20) weeks for the purpose of additional BG and grant of DP extension shall be counted from the last month/ installment.

16.4 Wherever Clause of grace period of 21 days exists in the Purchase Order as well as in the Tender document against which the Purchase Order has been released, applicability of the grace period shall be subject to:(a) The Store has been offered to ‘QA’ by the Supplier

for Inspection/Testing within the contracted original delivery period.(b) 'QA’ has cleared the equipment for dispatch within the

contracted original delivery period.(c) The Supplier has carried out dispatch/ dispatched the equipment

with in contracted original delivery period. For claiming benefit of

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grace period, the supplier shall have to satisfy the Paying Authority by furnishing documents of dispatch confirming that it has actually dispatched the equipment within contracted original delivery period.

(d) The Store has been received by the ultimate consignee with in 21 days of the expiry of contracted original delivery period.

(e) The grace period of 21 days shall be allowed only in those cases which fulfill all the conditions given in Para (a) to (d) above. During grace period no LD charges shall be levied.

17. FORCE MAJEURE17.1 If, at any time, during the continuance of this contract, the performance

in whole or in part by either party of any obligation under this contract is prevented or delayed by reasons of any war or hostility, acts of the public enemy, civil commotion, sabotage, fires, floods, explosions, epidemics, quarantine restrictions, strikes, lockouts or act of God (hereinafter referred to as events) provided notice of happenings of any such eventuality is given by either party to the other within 21 days from the date of occurrence thereof, neither party shall by reason of such event be entitled to terminate this contract nor shall either party have any claim for damages against other in respect of such non-performance or delay in performance, and deliveries under the contract shall be resumed as soon as practicable after such an event come to an end or cease to exist, and the decision of the Purchaser as to whether the deliveries have been so resumed or not shall be final and conclusive. Further that if the performance in whole or part of any obligation under this contract is prevented or delayed by reasons of any such event for a period exceeding 60 days, either party may, at its option, terminate the contract.

17.2 Provided, also that if the contract is terminated under this clause, the Purchaser shall be at liberty to take over from the Supplier at a price to be fixed by the purchaser, which shall be final, all unused, undamaged and acceptable materials, bought out components and stores in course of manufacture which may be in possession of the Supplier at the time of such termination or such portion thereof as the purchaser may deem fit, except such materials, bought out components and stores as the Supplier may with the concurrence of the purchaser elect to retain.

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

18.1 In case of default by Bidder(s)/ Vendor(s) such as(a) Failure to deliver and/ or commission any or all of the goods within the

time period(s) specified in the contract, or any extension thereof granted by the purchaser pursuant to clause15 of this section;

(b) Failure to perform any other obligation(s) under the Contract; and(c) Equipment does not perform satisfactory in the field in accordance with the

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specifications;(d) Or any other default whose complete list is enclosed in Appendix-1 of

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

19. Clause deleted.

20. ARBITRATION20.1 In the event of any question, dispute or difference arising under

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

20.2 The arbitrator may from time to time with the consent of both the parties enlarge the time frame for making and publishing the award. Subject to the aforesaid, Arbitration and Conciliation Act, 1996 and the rules made there under, any modification thereof for the time being in force shall be deemed to apply to the arbitration proceeding under this clause.

20.3 The venue of arbitration shall be BSNL CO New Delhi and/or Circle/SSA HQ or the office of the Arbitrator situated at New Delhi or at the respective Territorial Circle/SSA HQ, as the case may be.

21. SET OFFAny sum of money due and payable to the supplier (including security deposit refundable to him) under this contract may be appropriated by the purchaser or the BSNL or any other person(s) contracting through the

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BSNL and set off the same against any claim of the Purchaser or BSNL or such other person or person(s) for payment of a sum of money arising out of this contract or under any other contract made by the supplier with the Purchaser or BSNL or such other person(s) contracting through the BSNL.

22. INTIMATION OF SUPPLY STATUSThe bidders, who are given Purchase Orders, must give the details of the supplies made against all the Purchase Orders every month on the first working day of the following month to MM and the concerned User Branches of BSNL.

23. DETAILS OF THE PRODUCTThe bidder should furnish the name of its collaborator (if applicable), brand name, model number and type of the products offered in this tender. The technical literatures of the products should also be submitted. No change in either technology or product shall be permitted after opening of bids.

24. FALL CLAUSE24.1 The prices once fixed will remain valid during the scheduled delivery

period except for the provisions in clause 12.1 of Section-5A. Further, if at any time during the contract(a) It comes to the notice of purchaser regarding reduction of price for

the same or similar equipment/ service;And /or

(b) The prices received in a new tender for the same or similar equipment/ service are less than the prices chargeable under the contract.

24.2 The purchaser, for the purpose of delivery period extension, if any, will determine and intimate the new price, taking into account various related aspects such as quantity, geographical location etc., and the date of its effect for the balance quantity/ service to the vendor. In case the vendor does not accept the new price to be made applicable during the extended delivery period and the date of its effect, the purchaser shall have the right to terminate the contract without accepting any further supplies. This termination of the contract shall be at the risk and responsibility of the supplier and the purchaser reserves the right to purchase the balance unsupplied quantity/ service at the risk and cost of the defaulting vendor besides considering the forfeiture of its performance security.

24.3 The vendor while applying for extension of time for delivery of equipment/services, if any, shall have to provide an undertaking as "We have not reduced the sale price, and/ or offered to sell the same or similar equipment/ service to any person/ organization including Department of central/state Government or any central/ state PSU at a price lower than the price chargeable under the contract for scheduled delivery period."

24.4 In case under taking as in Clause 24.3 is not applicable, the vendor will give the details of prices, the name(s) of purchaser, quantity etc. to the purchaser, while applying extension of delivery period.

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25. COURT JURISDICTION25.1 Any dispute arising out of the tender/ bid document/ evaluation of bids/

issue of APO shall be subject to the jurisdiction of the competent court at the place from where the NIT/ tender has been issued.

25.2 Where a contractor has not agreed to arbitration, the dispute/ claims arising out of the Contract/ PO entered with him shall be subject to the jurisdiction of the competent Court at the place from where Contract/ PO has been issued. Accordingly, a stipulation shall be made in the contract as under.

“This Contract/ PO is subject to jurisdiction of Court at ................. only”. Note:- Mandatory Licensing requirements with regards to security related concerns issued by the Government of India from time-to-time shall be strictly followed and appropriate clauses shall be added in all bid documents. Necessary guidelines in this regard shall be issued separately.

26. General Guidelines:-“The General guidelines as contained in Chapter 5, 6 and 8 of General Financial Rules as amended from time to time on works, procurement of goods and services and contract management respectively may also be referred to as guiding principles”.

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SECTION-5 Part B

SPECIAL (COMMERCIAL) CONDITIONS OF CONTRACT (SCC)

Introduction: The Special (Commercial) Conditions of Contract (SCC)shall supplement General (Commercial) Conditions of Contract (GCC)) as contained in Section 5 Part A and wherever there is a conflict, the provisions herein shall prevail over those in Section 5 Part A i.e. General (Commercial) Conditions of Contract (GCC).

1. General Requirements

1.1. The bidder shall include any other hardware/ software item required for installing, commissioning the system & commercial launch of service.

1.2. OLTs have to be integrated with the core network/ MPLS network for network connectivity and for in-band/ out-band management purpose including redeployment, if required .The payment of integration charges for OLTs shall be made on the first the occasion itself however, the vendor shall be under obligation to carry out the further integrations as and when required. The charges for redeployment shall be payable separately.

1.3. The word “support” wherever it appears in TEC GRs & this tender document means that the facility shall be available & in state of activation for commercial use for the customer. Required interfaces / Hardware/ software/ licenses etc. shall be supplied, if any, to provide the services to the customers.

1.4. Licenses, if required for meeting/ supporting various services, functionalities and features as detailed in the tender document, need to be quoted.

1.5. Any other item not covered above but essential for successful completion of project should also be added in one of the items of price schedule and its details should be given in the Bid.

1.6. In case it is found at any point of the implementation that any item is not provided in the bid and is needed for successful implementation of the project, will have to be supplied by the bidder free of cost.

1.7. In case of any conflict in interpretation, the latest TEC documents shall hold precedence. Bidder shall submit a statement of deviation with respect to TEC documents. In case there is no deviation a NIL deviation statement shall be submitted.

1.8. Supplier should guarantee the spares so long as the equipment is in service, at least for 7 years from the date of supply. The purchaser would like to stock spares as and when the supplier decides to close down the production of the offered equipment. In such event, supplier shall give a two years notice to the purchaser so as to stock the spares.

1.9. The Bid shall be liable to be rejected, if any of the above clauses is not complied with by the bidder.

2. Service Level agreements (SLAs):

SLA module may be part of either NMS system or will be independent module deployed by BBNL/BSNL. EMS supplied by supplier shall extend open interfaces

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(non-proprietary) to integrate with SLA module of NMS. The EMS shall independently have SLA module as per featured below. The EMS shall transfer the SLA data to the NMS for providing SLAs that defines the level of service that the customer can expect together with any penalties to be paid by the service provider in case of failure on part of service provider to deliver the same. The SLA parameters shall include measurement of service delivery, availability, latency, throughput, restoration times etc. It shall be possible to generate management reports providing information on customer network configuration & changes, faults and achievement against the SLAs. It shall be also possible to deliver network management reports via a secured Web site. The equipment supplied must support the following quality of service (QoS) features..

(i) The SLA module shall monitor and manage the effectiveness of Quality of Service (QoS) features based on the FTTH network

(ii) QoS through the implementation of packet classification, bandwidth, queuing and congestion control & management.

(iii) QoS with low latency queue capability to support voice and video traffic.

(iv) The SLA module shall be capable of delivering a report capturing the following measurements of the Network Elements

a. Availabilityb. Break-up of the Non-availability period on the basis of power failure/ Shut

down and due to fibre cut.c. Response Time/Round trip delayd. Loade. Traffic Inf. Traffic Outg. Errors

3. INTEGRATION WITH CRM, BILLING AND PROVISIONING SYSTEM: BBNL/BSNL is in process of implementing CRM, billing and centralized provisioning system through NMS. The GPON system should be capable of integrating with the same on North bound interfaces. Bidder shall extend complete support in achieving integration.

4. INSTALLATION, TESTING, COMMISSIONING, ON LINE SUPPORT & MAINTENANCE SUPPORT OF GPON NETWORK

(i) INSTALLATION, TESTING, COMMISSIONING: Successful bidder(s) shall have to arrange installation, testing & commissioning of all the equipment supplied at the locations to be specified by BSNL/BBNL. For this purpose, the vendor shall quote their rates as per Price Schedule.

The site survey shall be carried out by the bidder and site design to be submitted to BSNL for approval. All the points listed shall form part of the site survey and any other related activities as specified by BSNL.

(ii) Installation at OLT sites will include installation of OLT along with the rack and DCDB, supply and laying of power cables from DCDB to power plant and OLT. Connecting earthing cables to OLT and DCDB. Based on site survey, bidder shall supply all the accessories required like lugs, fuses (at the power plant end), cable tray, support iron structure, Power Cable, Earthing Cable, Attenuators etc. Length of Power & Earthing Cable, Number of Attenuators are site specific and bidder needs to supply as per site survey. The size of the power cables shall be at least 16 mm sq. These shall be in standard red and blue colours. Size of earthing cable shall be at least 6 mm sq. which should have alternate green and

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yellow stripes. Provision of Earthing at OLT Sites is not part of this tender. . The number of patch cords to be supplied with the OLTs shall be equal to the number of PON ports for each type of OLT plus 4. (i.e. 8, 12, 20 respectively). The patch cords specification shall be as per TEC GR. Specifications for DCDB and EDD shall be proposed by bidder in bid which shall meet project requirement. Design and specification of accessories at OLT site shall be finalized by BSNL in consultation with approved vendors. (ODF at OLT Sites is not part of tender.)

(iii) Installation at ONT sites will also include installation of ONT, Ethernet to Optical Converters, DCDB, CCU and Solar Photovoltaic Power Supply, Solar power panels on suitable structure (either rooftop/ Mast). The vendor shall supply all the installation material required like iron structure, Power cables and earthing cables etc.

Provision of Earthing at ONT site shall be done by vendor as per relevant tender clauses and SPV System shall be connected to Earthing. Design and specification of accessories at ONT site shall be finalized by BSNL in consultation with approved vendors.

Installation of Splitters shall be included as part of the installation of ONT. Attenuators shall be part of installation of OLT.

5. SPARES

(i) Bidder shall ensure the availability of spares for entire period of contract.

(ii) In the event of termination of production of the spare parts:

a. Advance notification to the purchaser of pending termination (not less than 2 years) in sufficient time to permit the purchaser to procure needed requirement; and

b. Following such advance intimation of termination, furnishing at no cost to the purchaser, the blue prints, drawings and specifications of spare parts, if and when requested.

6. Quality Assurance and Testing

(i) The QA test schedule shall be issued by BSNL. QA unit shall carry out the testing accordingly.

(ii) The supply will be accepted only after Quality Assurance tests are carried out by Quality Assurance Wings of BSNL, as per prescribed test schedule specified by BSNL in the APO/ Purchase Order. The material successfully clearing the QA tests should be duly cleared for excise gate pass/ excise invoice or equivalent document as specified by the Excise authorities, Govt. of India for that purpose.

(iii) Only the Supplies made in full, “as per purchase order”, during delivery period will be deemed to have been supplied within the scheduled delivery period.

(iv) In case of any Quality issue, manufacturers would have to replace the defective material, in full, by good material duly passed by QA.

(v) The QA units of BSNL, as specified by BSNL in the APO/ Purchase Order, while clearing the equipment/ stores will strictly adhere to the package discipline for all item in the Bill of Material mentioned in the Purchase Order. Supplies made in full, “as per purchase order”, during delivery period only will be deemed to have been supplied within the schedule delivery period.

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(vi) The consignees shall be BSNL/ RailTel/ PGCIL, as specified by BSNL in the APO/ Purchase Order. Supplies shall be all over the country at District HQ level or any other location(s) as specified.

7. Acceptance Testing (A/T):

(i) Purchaser reserves the right to appoint any testing authority including its own A/T team for carrying out Acceptance testing of the network and its network elements. The acceptance test schedule generally covers the following:

a. Checking ironwork, cabling and wiring

b. Checking components and materials on sample basis.

c. Functional test on individual equipment /network.

d. Test of services / features.

e. Capacity test/ quality testing.

f. High Speed Internet, Broadcast TV, HDTV, POTs, VOIP (SIP Phones), Interactive Video, Video on Demand (VoD), Ethernet on Wi-Fi service etc at few designated sites.

(ii) The A/T test schedule shall be approved by BSNL which shall be prepared based on test schedule proposed by the successful bidders. The Selected Bidder shall finalize an acceptance test schedule at least 30 days in advance of offering for Acceptance Test in consultation with Purchasing Authority. The bidder shall also clearly indicate the specifications clause(s) verified by each test. The tests shall include test on the traffic handling capacity, performance etc. BSNL shall have the right to make modifications or additions to any test or techniques of measurement as considered necessary by it.

(iii) The bidder shall make available the software programs and testers required for carrying out the acceptance tests as per the schedule. The bidder shall indicate whether the software package includes programs for testing the OLTs under full load conditions and overload conditions by creation of artificial traffic. Such test program shall be supplied by the bidder for the limited purpose of testing. The Bidder shall also indicate the technique used in the creation of such artificial traffic. Details of various items required for the above purpose may be specified in compliance to this clause.

(iv) BSNL will carry out all the tests detailed in the acceptance test schedule to confirm that the performance of the different modules, subsystems, and entire installation satisfies the specified requirement of specifications including service performance.

(v) Pre-AT tests shall be performed by the vendor before offering for A/T to ensure success in final AT performance. Pre-AT test can be performed as per bidder’s process and schedule. BSNL installation unit will be coordinated during installation phase only.

(vi) Any components or modules failing during the acceptance tests shall be replaced at no extra cost to the Purchaser at site by the Selected Bidder. These shall be shipped within two weeks of the initial reports. Should it fail to do so within this time, the purchaser reserves the discretion to reject and replace at the cost of the supplier the whole or any portion of equipment as the case may be, which is defective or fails to fulfill the requirements of the contract. The cost of any such replacement made by the purchaser shall be deducted from the

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amount payable to the supplier.

(vii) When the performance tests called for have been successfully carried out, the consignee (the Executing agencies BSNL/ Railtel/ PGCIL) will issue a Taking Over Certificate. The consignee shall not delay the issue of any “Taking Over Certificate” contemplated by this clause on account of minor defects in the equipment which do not materially affect the commercial use thereof provided that the supplier shall undertake to make good the same in a time period not exceeding six months. The Taking Over Certificate shall be issued by the ultimate consignee within six weeks of successful completion of tests.

The responsibility of security of the equipment from time of installation till the time of taking over by BBNL/BSNL shall be of the vendor.

(viii) After all acceptance tests completion, the designated Testing Executive will certify the equipment as fit for commissioning.

8. Validation for Integration with NMS

(i) The EMS shall be subjected to on-site validation tests for its integration with NMS as specified by BSNL.

(ii) Selected bidder shall arrange for validation of EMS functionalities related to all type of PON equipments i.e. OLT (min one Nos.) ONTs [min Ten (10) Nos] and all types of software purchased as part of this tender, at the site determined by BSNL.

(iii) During Validation all functionality related to services i.e. security services, encryption services, POTs, VOIP (SIP Phones), High Speed Internet (HSI), Video On Demand (VOD), Broadcast TV, HDTV, IPTV, Interactive Video, any other services etc as envisaged under the purview of this tender shall be demonstrated by the Supplier to the satisfaction of BSNL/CPSUs.

(iv) The test schedule for such validation shall be finalized in consultation with the successful bidder.

(v) The Supplier shall provide, at his own cost all the testing equipments/instruments as required for all the tests to be conducted so as to complete the Validation as per the specified time schedule

(vi) The bidder shall arrange the special training before starting validation to BSNL/CPSU staff which are associated with the validation team.

8.1. The bidders would be required to quote for all the SOR items. The bids submitted by any vendor without quote for any of the items shall be dealt with as per BSNL procurement policy.

9. WARRANTY

(i) The contractor shall warrant that stores to be supplied shall be new and free from all defects and faults in material, workmanship and manufacture and shall be of the highest grade and consistent with the established and generally accepted standards for materials of the type ordered and shall perform in full conformity with the specifications and drawings. The contractor shall be responsible for any defects that may develop under the conditions provided by the contractor and under proper use, arising from faulty materials, design or workmanship such as corrosion of the equipment, inadequate quality of material to meet equipment requirements, inadequate contact protection, deficiencies in circuit design and or otherwise and shall remedy such defects at his own cost

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when called upon to do so by the purchaser who shall state in writing in what respect stores is faulty. The warranty shall survive inspection or payment for, and acceptance of goods, but shall expire except in respect of complaints notified prior to such date; two years after the equipment have been taken over. Warranty shall also include replacement of faulty software.

(ii) The period of Warranty (including spares and consumables including batteries) shall be two (2) Years from the date the equipment in the network has been taken over. Taking over certificates shall be issued OLT wise provided at least 80% of the total ONTs to be connected to a particular OLT are successfully installed and ATed. For the remaining 20% ONTs the vendor shall submit undertaking that all installation and commissioning related activities shall be completed as and when required.

(iii) If it becomes necessary for the contractor to replace or renew any defective portion/ portions of the equipment under this clause, the provisions of the clause shall apply to the portion/portions of equipment so replaced or renewed or until the end of the above mentioned warranty period. If any defect is not remedied within a reasonable time, the purchaser may proceed to do the work at the contractor’s risk and expenses, but without prejudice to any other rights, which the purchaser may have against the contractor in respect of such defects.

(iv) Replacement under warranty clause shall be made by the contractor free of all charges at site including freight, insurance and other incidental charges.

(v) During the warranty the bidder shall perform all the functions as enunciated under the AMC free of cost. All the penalty clauses shall be applicable during the period of warranty in case of failure on the part of supplier

10. SOFTWARE

(i) Software version of the equipment being supplied must be indicated in the schedule of requirements as well as in order documentation.

(ii) The bidder shall supply new versions of software as and when released along with associated hardware necessary for maintaining the software on the systems / equipment supplied to BSNL, free of cost continuously for a period of seven years from the date of commissioning of last equipment in the network as a part of the order against this tender.

(iii) All the software licenses shall be supplied for unlimited period.

(iv) Software upgrades shall not affect and degrade services.

(v) All software licenses must be for use & shall be indicated for each of the applications in “any other hardware & software” item of Schedule of Requirement (SOR).

(vi) The system hardware/software should not pose any problem due to change in date time caused by events such as change of millennium, century, leap year etc, in the normal functioning of the equipment.

(vii) For software, which require license, the bidder shall provide all necessary licenses required. Bidders shall also indicate unit price of license for each software, however the financial bid shall contain total cost of software licenses as per the complete tender requirement.

(viii) Details of all the modules & sub modules of all the software shall be submitted along with the bid.

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(ix) The bidder has to provide APIs of systems supplied against the Purchase Order for sharing with other EMS or similar systems supplied and NMS for the purpose of integration, free of cost.

(x) The bidder shall provide installation material if not quoted in the bid including specific tools if any, forming part of supply for successful installation & commissioning of the system at each location free of cost.

(xi) The space & Infrastructure like AC power, air-conditioning etc, required for NOC, centralized EMS, OLTs etc should be clearly indicated by the bidders.

(xii) It will be the responsibility of selected bidder to provide all the functionalities in this project as listed in the tender documents without any additional cost.

(xiii) All cabling and installation material required for implementation of the project will be provided by the bidder including suitable quantities of standard OEM 19" or ETSI 21” size racks. The cabling shall include all power cabling, DCDB, structured cabling for LAN including local Fiber cables (with in building MM fiber only) etc. All cables and connectors shall conform to latest standards. Vendor will use best installation practices, tools, material, wiring etc. as are prevalent in the industry. Materials & tools required for day-to-day operation of the system on each site shall be provided by the supplier. No additional payment shall be made for any installation items by BSNL under any circumstance.

(xiv) Technical Audit of system performance: Purchaser reserves the right to carry out technical audit of equipment through any designated agency from time to time & bidder shall take necessary corrective measures to conform to the performance parameters stipulated in the tender document with in the period of performance guarantee.

11. DOCUMENTATION

(i) The bidder shall provide 2 sets (one hard copy one soft copy) of detailed documents on the proposed solution, installation, operation & maintenance, trouble shooting of system/ network pertaining to the equipment supplied. Additional 2 booklets/ documents containing Do’s & Don’ts for each of the activities i.e. installation/ O&M/ trouble shooting etc. supported by diagrammatic/ schematic presentation. The document shall also include system description; various cards & their features along with block schematic including inter rack/ inter card connectivity or wiring etc. and procedures for invoking/ suppressing each of the features/ services available. If the documentation does not conform to abovementioned details, or does not meet the requirements of the purchaser, the bidder shall make additions or alterations or supply new documentation as required by the purchaser. All documentation shall be printed and bound as per prevailing international practices and quality.

(ii) BSNL shall be allowed to reproduce strictly for its own use as per requirements, handbooks and drawings of the equipment for training, installation and maintenance requirements. Sufficient number of standard instructions manuals and handbooks shall also be supplied by the contractor.

(iii) The entire solution shall be based on industry-standard architecture and the equipment/ network components shall be interoperability and flexible for future expansion.

(iv) Not Applicable.

(v) The bidder shall provide at each OLT and ONT site a list of DOs and DONTs pertaining to first level maintenance activities in respect of GPON equipment

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and SPV power systems. These shall be in the form of proper display on acrylic sheet or equivalent.

(vi) The bidder shall provide a software training module describing in brief the first level maintenance activities for non-technical personnel which shall be accessible through web interface.

12. AMC

(i) The bidder shall quote for charges for Five (5) years comprehensive AMC (including labor, spares, maintenance material, batteries, power cable, fiber cable (internal wiring), pig tail patch cord, connectors, consumables etc.) after two years warranty as a percentage of the equipment cost, for each year, also shown in Rupees. A separate sheet shall be provided in the bid showing the amount of AMC for each of five years as a percentage of the cost of the equipment. The cost quoted shall include visit of the engineers of the bidder as and when required to meet the conditions of AMC.

(ii) The terms and conditions for AMC in the form of an agreement are given in Section-5-C of this document.

(iii) The AMC agreement shall be renewed every year and payment made on year to year basis.

(iv) During the warranty the bidder shall perform all the functions as enunciated under the AMC free of cost. All the penalty clauses shall be applicable during the period of warranty in case of failure on the part of supplier.

(v) The selected bidder shall submit a bank guarantee against AMC for an amount equivalent to average annual AMC charges, valid for a period of five years, at least one month prior to expiry of warranty. Purchaser reserves the right to forfeit the PBG if the BG against AMC is not submitted in time.

(vi) The Supplier shall maintain an up-to-date Inventory of all FRU’s (Field Replaceable unit) required for the integrated solution. The same shall be liable for inspection by BSNL team. The bidder has to submit complete address details of nodal/repair centers.

(vii) For items quoted by the bidder in their price bids/ SOR but not ordered (fully or partially) by BSNL, pro-rata reduction in AMC charges shall be applicable at the time of issue of P.O.

(viii) The common control modules/ cards provided in critical parts of network site’s equipment like OLT etc shall be maintained in hot standby mode. The system availability shall be at least 99.99% measured over a period of one month.

13. First Line Maintenance of OLTs, ONTs, Solar Panels, batteries & other accessories supplied under this tender: In continuation to section 3 Part-A clause No 3

i. The Selected bidder shall perform first line maintenance of NOFN equipment installed at OLT and ONT Locations. OLTs are, generally, installed at BSNL exchanges and ONTs are installed at Gram Panchayats.

ii. The bidder shall quote for charges for Seven (7) years. Maintenance responsibility of successful bidder shall start from the date of commissioning of Sites after successful Acceptance Testing.

iii. The cost quoted shall include deployment of one person skilled & trained on GPON equipment & other equipment supplied under this tender, in each Block for

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performing various maintenance activities and fault diagnosis of all OTLs and ONTs installed at the GPs in the Block area.

iv. The selected bidder shall submit a bank guarantee (PBG) against First Line Maintenance Contract for an amount equivalent to 2% of total contract value of maintenance for seven years. The said PBG shall be valid for a period of seven and half years.

v. Purchaser reserves the right to forfeit the PBG submitted against supply of GPON equipment, if the PBG against maintenance is not submitted within one month after completing 75% work of Phase-I.

vi. Normal place of duty of Person deployed shall be at BHQ location or as decided by the field officer of BSNL/BBNL from where he will first observe the proper functioning of all the ONTs under his jurisdiction, through fault reporting mechanism of EMS/NMS.

vii. The bidder shall equip maintenance Personal with minimum necessary testing equipments and spares required for the maintenance. The same shall be liable for inspection by BSNL/BBNL team.

viii. In case any ONT is down, either reported by BSNL officer or monitored through EMS/NMS, he will attend the fault within 6 hours and rectify the same and/or report for 2nd Line maintenance to AMC vendor/personal, as the case may be.

ix. Failure of bidder to perform maintenance activities as stipulated in Maintenance agreement, shall invite penalty maximum upto 12% of Maintenance Charges.

x. As a part of First Line Maintenance (routine maintenance), the bidders’ personnel will make at least one visit to each ONT/OLT locations in a week for carrying out routine maintenance and upkeep activities. However, detailed set of maintenance procedures, periodic test/maintenance schedules, Traffic Report generation & analysis and remedial measures to be taken in each occasion shall be finalised and approved by BSNL in consultation with successful bibbers within a month of award of work. The detailed Terms and Conditions of the Routine Maintenance Agreement shall accordingly be mutually decided and signed with successful bidders.

14. Facility Management: This tender also involves Operations (as detailed in Section 3-B of this document) of the established EMS site for a period of 7 years after commissioning of the EMS and commercial utilization of the Network as  decided by BSNL. The selected bidder shall fully associate adequate number of engineers with the staff of BSNL/BBNL or its executing agencies to assist in operation of EMS during this period so that latter is able to independently operate & maintain EMS System of NOFN network in its jurisdiction. The Purchaser reserves the right to extend the duration of O&M for further period of one year at the same approved rate and conditions.

15. Training:

(i) The successful bidder shall provide training in areas of Installation, Operation, Testing, Maintenance of System, Software, Marketing and Customer care etc. to BSNL and/ or its executing agencies officers in the following manner:

a. Operator level training b. Expert level training c. Senior level overview

(ii) The quality, content and location of the training shall be so designed that the BSNL and/ or its executing agencies officers will be sufficiently exposed to all the aspects of planning, engineering, installation, testing, provisioning, operations, marketing and customer care etc of the networks. The training shall

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also cover necessary hardware and software architecture details. The training modules, their duration and location shall be finalized by the selected bidder in consultation with purchaser. Detailed training material shall also be supplied by the selected bidder to enable BSNL and/or its executing agencies to train more number of officers independently. All the expenses related to travel, boarding and lodging, etc. of BSNL/BBNL the Executing agencies officers shall be borne by BSNL/BBNL the respective Executing agencies.

16. Technical Support Centers: The successful bidder shall have Technical Support Center at least one in each state and more than one in bigger states (as decided by BSNL) to start providing technical assistance within a period of 3 months from the date of P.O. for fault rectification and act as collection centers for faulty units. Some of these centers (at least one in India) shall also work as repair centers with facilities for repair of faulty units/ cards etc. The bidder shall equip these centers properly in order to keep high uptime for the network and to meet the criteria of restoration time, repair time etc. provided in the terms & conditions of the tender/ AMC. BSNL has right to visit Technical Support Center to assess the capability to achieve the committed MTTR.

17. EVALUATION: It shall be a two stage evaluation techno-commercial and financial. The bidders shall submit simultaneously techno-commercial and financial bids in separate covers on the same day. On the opening of tender only techno-commercial bids shall be opened and financial bids shall be kept sealed. The financial bids of only those bidders shall be opened which are found techno-commercially responsive. The date of opening of financial bids shall be intimated to the bidders later.

17.1. The tender shall be evaluated as a complete package of all the items given in Schedule of requirement (Section-3)/Price Schedule section 9 part-B.

17.2. In case the Bidder has not quoted for any of the item that are essential for the completion of the project, it shall be presumed that cost of such items is covered as part of some other sub-system of the offer and no extra amount shall be payable by Purchaser. The Successful Bidder shall be required to supply all material/goods/services required to make the equipment operative as per the requirements, after integrating with the existing network.

17.3. Evaluation of the cost of AMC and Routine/First-Line Maintenance :a) The bidder shall quote annual charges for Comprehensive AMC for 5 years

after 2 years warranty and also annual charges for routine/first-line maintenance for seven years in the price bid. In case quoted price of a bidder is less than 3% for AMC and 4% for the first line maintenance of the equipment cost then minimum amount of yearly AMC charges and annual first line maintenance charges which shall be taken for evaluation purpose shall be 3% and 4% of equipment cost respectively (total of column 16 of Part-1 of price schedule (excluding duties and taxes CENVAT-able), respectively.

b) AMC and First Line Maintenance charges shall be considered in evaluation of price bid, by applying a discounted rate of 12% per year to arrive at the NPV (Net Present Value).

c) Since the AMC is to be entered at the end of warranty period of two years, the calculation for NPV of AMC shall be done as follows: Net Present Value (NPV) of AMC for equipments

= Quoted rates for AMC for 1st year / (1.12)3 + Quoted rates for AMC for 2nd year / (1.12)4 + Quoted rates for AMC for 3rd year / (1.12)5 + Quoted rates for AMC for 4th year / (1.12)6 + Quoted rates for AMC for 5th year / (1.12)7

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Net Present Value (NPV) of first line maintenance of Equipments

= Quoted rates for 1st year / (1.12) + Quoted rates for 2nd year / (1.12)2 + Quoted rates for 3rd year / (1.12)3 + Quoted rates for 4th year / (1.12)4 + Quoted rates for 5th year / (1.12)5 + Quoted rates for 6th year / (1.12)6 + Quoted rates for 7th year / (1.12)7

d) In case quoted price of AMC and First Line Maintenance are less than minimum value taken for evaluation, the work shall be awarded at the quoted price subject to de-rated value to the L1 price.

e) Payments for AMC and First Line Maintenance shall be made on quarterly basis in arrears i.e. at the end of the quarter.

17.4. Evaluation of cost of Services (other than cast of AMC and Routine maintenance):The bidder shall quote charges for services in the price bid. The minimum amount of I&C and other charges (except charges for AMC and routine maintenance) which shall be taken for evaluation purpose shall be 3% of equipment cost (excluding duties and taxes CENVAT-able). However ordering will be on the quoted price subject to de-rated value to the L1 price.

18. Number of Successful Bidders and Distribution of Quantities

(i) The Purchaser intends to limit the number of technically and commercially responsive bidders to FOUR (4) from the list of such bidders arranged in increasing order of their evaluated prices starting from the lowest for the purpose of ordering against this tender. Among all technically qualified bids, the lowest evaluated price will be termed as L1 and the rest of the bids shall be ranked in ascending order of evaluated price, as L2, L3, L4 and so on.

(ii) In case M/s ITI Ltd. is not the successful bidder in the tender, then M/s. ITI Ltd. reservation quota as per the reservation policy i.e. procurement quota to ITI Ltd. is applicable as per O.M. No.U-37012-2/93-FAC dated 7th June, 2016. Therefore, under such circumstances, total quantity will be distributed among L1, L2, L3, L4 and M/s ITI Ltd. If M/s ITI Ltd. is not able to accept the reservation quota then the total quantity will be distributed amongst L1, L2, L3 & L4 bidders only.

(iii) In the event of any of the eligible bidder(s) not agreeing to supply the equipment or not being considered by BSNL for ordering the equipment, inter-se ranking of the bidders below the aforesaid bidder(s) will be recast to fill up the vacated slot(s). This will be done to ensure that the number of bidders supplying the equipment remains same as earlier.

(iv) If L1 bid is from a domestic manufacturer and all remaining selected bidders are also domestic manufacturers, the L1 bidder will be considered for about 40% of the tendered quantity. The balance quantity will be ordered on the selected L2, L3, L4 bidders in ratio of about 25%, 20% and 15% respectively subject to their matching the L1 price.

(v) If L1 bid is from a domestic manufacturer and any one or more subsequent ranking successful bidders (i.e. L2 or higher) is/ are not domestic manufacturer(s), then the quantity distribution shall be governed as per sub-clause (iii).

(i) Even If L1 bid is not from a domestic manufacturer 100% of the tendered quantity would be reserved for technically qualified domestic manufacturer(s), subject to matching with L1 price provided if such bidder(s) is/ are available. In case an eligible bidder (i.e. domestic manufacturer) fails to match the L1 bid, the bidder (i.e. domestic manufacturer) with next higher bid will be invited to match L1 bid and so on. In case all eligible domestic manufacturers fail to match the L1 bid, the order shall be placed among maximum 4 (Four) non-domestic successful bidders as per

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quantity distribution guidelines of Procurement Manual. Only those domestic manufacturers whose bids are within 20% of the L1 bid would be allowed an opportunity to match the L1 bid.

Distribution of Consignees to all successful bidders will be decided by BSNL.

(ii) Purchase Orders to L1, L2, L3 & L4 for the respective quantities shall be placed in 2 Phases based on readiness of sites and laying of Optical Fiber to GPs. However, the purchaser reserves the right for the placement of order of entire tendered quantity on the bidder with the lowest evaluated price.

(iii) The offer to L2, L3 & L4bidders shall be at the total evaluated package price of the L1. The evaluated price schedule of the L2, L3 & L4 bidders shall be recalculated by multiplying the individual SoR line items with a factor arrived at by dividing the evaluated L1 package (with NPV of AMC) price by evaluated L2, L3 & L4 package (with NPV of AMC and routine maintenance) prices (herein after referred to as “de-rating”).

(iv) The L2 and so on bidders may decline the offer without the risk of forfeiting its bid security. In that case , the offer shall be made to next higher bidder and so on in the same manner as has been made to L2 bidder.

(v) In the event of L2 and so on bidders refusing to accept its package de-rated to the price of L1 bidder, BSNL reserves the right to offer 100% quantities to the L1 bidder. It is mandatory for the L1 bidder to accept such an offer and shall perform the whole contract as envisaged in the tender document. However in such cases, extra delivery period 90 days shall be given.

19. Placement of Purchase Order and Delivery Schedule:-

(i) The implementation of the project shall be carried out in two phases i.e. Phase-I for 50% of the tendered quantity and Phase-II for remaining 50% of the tendered quantity as illustrated in delivery schedule. Separate order shall be placed for phase-I and phase-II. Order for Phase –II shall be placed after completion of 50% work of phase-I.

(ii) The total delivery period for supply of complete equipment will be six (6) months from the date of placement of Advance Purchase Order by the BSNL Corporate Office. The supplies shall be distributed month-wise as given below phase-wise:

1st & 2nd months : Lead time for preparation.3rd month : 25%4th month : 25% 5th month : 25% 6th month : 25%

EMS (s) shall be supplied with the first supply schedule in Phase-I.

(iii) In case of Phase-II supply, the delivery schedule shall be as under:-

2nd month : 25%3rd month : 25% 4th month : 25% 5th month : 25%

(iv) Advance delivery is permitted subject to availability of valid TAC/ TSEC.

(v) The delivery of the equipment shall be to the ultimate consignee. The consignee details for the month-wise delivery schedule would be mentioned in the Purchase Order.

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(vi) For installation and commissioning of the equipment, six (6) weeks time from the date of supply shall be permitted. The installation and commissioning period for each lot of monthly supplies would start immediately after the month wise delivery period for that lot as specified in clause 5-B / PO ends.

In case of delay on account of the supplier, liquidated damages shall be applicable at the rates prescribed in Section-5-A clause-16 of this tender document on the installation & commissioning charges. This LD shall be in addition to the LD on delay in supply of equipment, if any.

(vii) If a bidder who is given Purchase Order fails to commence supply or fails to meet the monthly delivery schedule as per the above clause, the purchaser reserves the right to cancel the PO and encash the Performance Bank Guarantee.

(viii) Quality Assurance and Testing

(ix) Anti-dumping duty, if any shall be to the account of the supplier.

(x) The bidder would bear all charges pertaining to type approval, Quality Assurance as well as all types of testing except any fees charged by the testing agency for carrying out QA on behalf of BSNL.

(xi) Purchaser reserves the right to disqualify such bidders from future orders who have a record of not meeting contractual obligations against contracts entered into with the purchaser.

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

(xiii) The bidders, who are given Purchase Order, must give the details of the supplies made against various purchase orders every month on first working day of the following month to Planning Cell and MM Cell of BSNL Corporate Office, New Delhi.

(xiv) For each item mentioned in the Schedule of Requirement (SOR), the bidder shall furnish an unpriced detailed bill of material in the Technical-Part and the corresponding priced detailed bill of material in the Financial-Part.

(xv) The bidders should clearly indicate the technology, make, model number and software version for the equipment for which the offer has been made including third party items such as splitters, solar panel, battery for solar panel, LCT, printer, etc. In case it is a case of transfer of technology, the details, such as name of technology, name of company etc. should be given and the copy of memorandum of understanding for transfer of technology and RBI clearance if applicable should be enclosed. The bidder should indicate maximum three brand names and model numbers of the battery manufactured in India, each of them having a valid TAC/ TSEC certificate for SPV Hybrid Power Supply System, which bidder wishes to supply as a part of the system. The copy of such certificate for battery shall be submitted with the bid.

(xvi) Change of the quoted technology/ product/ model for GPON OLT, ONT, EMS, splitters and solar panel shall not be allowed after bid opening.

(xvii) The bidder is required to supply the IT hardware such as EMS, LCT, printer etc. as per the make and models quoted in the priced BOM. In case, the quoted IT hardware is no more supplied by the Original Equipment Manufacturer (OEM) at the time of dispatch of the tendered item, a certificate to this effect from the original manufacturer shall be submitted by the bidder. The bidder shall submit the next version of the model quoted in

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the tender. The new model of the IT hardware so quoted shall be from the same manufacturer of the original model quoted in the tender and will meet all the specifications of the quoted model. Only on the confirmation of the User Section, the bidder may be permitted to supply the new version of the IT hardware, subject to the technical validation of the new version of the model. The new model of IT hardware shall be supplied at the same quoted cost in the tender.

(xviii) Any change in battery brand would be limited to amongst the three quoted brand and models by the bidder in its bid.

(xix) Mandatory Licensing requirements with regards to security related concerns issued by the Government of India from time-to-time shall be strictly followed.

20. Payment terms:

(i) Payment Schedule for Equipment: Payment in respect of equipment supply part shall be made ultimate consignee wise/Block-wise.

a. Payment of 60% of the price of equipment shall be made consignee wise on receipt of all ordered goods of that consignee in full (i.e. GPON OLT, ONT along with all other items) by that consignee after successful issuance of Inspection certificates by BSNL QA. Liquidated Damages/ penalty, if any, would be deducted from the payment. For claiming this payment the documents specified in Section 5-A are to be submitted to the paying authority. In addition, for purchase orders placed for indigenous portion of the tender, a self-certification by domestic manufacturer confirming 45% domestic value addition for GPON OLT, ONT, Splitter, EMS and 35% domestic value addition for Ethernet to Optical Converter along with all other ordered items shall also be furnished to the paying authority for claiming payment. In case of Non-domestic manufacturer, only Self-Certification for equipment other than GPON equipment and Ethernet to Optical Converter shall be required.

b. The 15% payment shall be released after successful Installation, testing and commissioning of equipment in case there are no damage/ shortages. In those cases where such shortages/ damages are intimated to the supplier in writing, this 15% payment shall be released only after the cases are settled in accordance with the provisions of the P.O.

c. The 15% payment shall be released after successful integration of the supplied equipment with NMS in case there are no damage/ shortages. In those cases where such shortages/ damages are intimated to the supplier in writing, this 15% payment shall be released only after the cases are settled in accordance with the provisions of the P.O. In cases, where integration with NMS could not be done, due to reasons attributable to BBNL/BSNL, within 6 months from date of successful Acceptance Testing, this amount shall be released.

d. The balance 10% payment shall be released thereafter as per the terms and conditions of the Purchase Order after successful completion of warranty and signing of Annual Maintenance Contract and Issuance of training completion certificate from MM Cell BSNL Corporate Office in case there are no damage/ shortages. In those cases where such shortages/ damages are intimated to the supplier in writing, this balance payment shall be released only after the cases are settled in accordance with the provisions of the P.O.

(ii) Payment Schedule for Installation, Testing and Commissioning Services : The Page 77 of 127

payment of services part, shall be released on successful completion of installation commissioning including Acceptance Testing Block-wise after completion of equipment commissioning at each GP specified by BSNL/BBNL.

a. Payment of 70% of the price of Installation, testing and commissioning shall be made after successful Installation, testing and commissioning of equipment.

b. The 20% payment shall be released after successful integration of the supplied equipment with NMS.

c. The balance 10% payment shall be released thereafter as per the terms and conditions of the Purchase Order after successful completion of warranty and signing of Annual Maintenance Contract and Issuance of training completion certificate from MM Cell BSNL Corporate Office in case there are no damage/ shortages.

(iii) Payment Schedule for Integration Services:

a. Payment of 90% Integration charges shall be made after successful integration of the supplied equipment with NMS.

b. The balance 10% payment shall be released thereafter as per the terms and conditions of the Purchase Order after successful completion of warranty and signing of Annual Maintenance Contract and Issuance of training completion certificate from MM Cell BSNL Corporate Office in case there are no damage/ shortages.

(iv) For remaining services, 100% payment shall be paid after complete delivery of that service.

(v) Payment Schedule for AMC: Payment for AMC Payment of AMC shall be made on six monthly basis in arrears i.e at the end of six months period under AMC.

(vi) If the supplier fails to furnish necessary supporting documents i.e. excise/ customs invoices etc. in respect of the Duties/ Taxes which are CENVATable, the amount pertaining to such Duties/ Taxes will be deducted from the payment due to the firm.

(vii) No payment will be made for goods rejected at the site on testing.

21. LIQUIDATED DAMAGES – (Also read Clause-16 of Part-5A)

21.1. Delay in supply - If supplier fails to deliver the store or any consignment thereof GPON equipment, BSNL shall be entitled to recover a sum equivalent to 0.5% of the value of delayed supply of equipment cost as in PO (excluding services cost, AMC and maintenance) for each week of delay for a period up to 10 (TEN) weeks, and thereafter at the rate of 0.7% of the value of delayed supply of equipment as in PO (excluding services and AMC) for each week of delay for another TEN weeks. Total value of the LD as per above sub clauses shall be limited to a maximum of 12% of the equipment cost as in PO (excluding services and AMC/Maintenance) value.

21.2. Delay in delivering Services (other than AMC and routine Maintenance) - If supplier fails to install and commission Wi-Fi core system and Wi-Fi Access system within the defined period, BSNL shall be entitled to recover a sum equivalent to 0.5% of cost the delayed part of Services and also on the cost of

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such equipment/associated equipment for each week of delay for a period up to 10 (TEN) weeks, and thereafter at the rate of 0.7% of the total value PO (excluding AMC) for each week of delay for another TEN weeks. Total value of the LD so shall be limited to a maximum of 12% of the PO (excluding AMC/maintenance) value.

22. VALUE ADDITION

(i) Bill of Material sourced from domestic manufacturers (Dom-BOM) may be calculated based on one of the following depending on data available; Each of these calculations should provide consistent result:

a. sum of the costs of all inputs which go into the product (including duties and taxes levied on procurement of inputs except those for which credit / set-off can be taken) and which have not been imported directly or through a domestic trader or an intermediary.

b. Ex-Factory Price of product minus profit after tax minus sum of imported Bill of Material used (directly or indirectly) as inputs in producing the product (including duties and taxes levied on procurement of inputs except those for which credit/ setoff can be taken) minus warranty costs.

c. Market price minus post-production freight, insurance and other handling costs minus profit after tax minus warranty costs minus sum of Imported Bill of Material used as inputs in producing the product (including duties and taxes levied on procurement of inputs except those for which credit/ set-off can be taken) minus sales and marketing expenses.

(ii) Total Bill of Material (Total-BOM) may be calculated based on one of the following depending on data available. Each of these calculations should provide consistent result.

a. Sum of the costs of all inputs which go into the product (including duties and taxes levied on procurement of inputs except those for which credit/ set-off can be taken).

b. Ex-Factory Price of product minus profit after tax minus warranty costs.

c. Market price minus post-production freight insurance and other handling costs minus profit after tax, minus warranty costs minus sales and marketing expenses.

(iii) The percentage of domestic value-addition may be calculated based on information furnished as per the following formula:

Percentage of domestic value-addition = Dom-BOM x 100 Total-BOM

(iv) Each agency assessing would calculate the domestic value addition using at least two of the above formulae so as to validate the assessments in this regard and ensure that the domestic value addition that is claimed is consistent.

(v) Regarding the profit, freight, insurance and handling charges or typical globally accepted value addition norms for each product, the norms issued by the Department of Electronics and Information Technology, if any, from time to time shall be followed.

23. SELF-CERTIFICATION

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(i) Each domestic manufacturer shall furnish the Affidavit of self-certification to the purchaser declaring that the electronic product is domestically manufactured in terms of the domestic value addition prescribed. The Affidavit of self-”certification shall be furnished in format provided in Section-XI of this document.

(ii) It shall be the responsibility of the domestic manufacturer to ensure that the products so claimed are DMEP in terms of the domestic value addition prescribed for the product. The domestic manufacturer shall also be required to provide a value addition certificate on half-yearly basis (Sep 30 and Mar 31) duly certified by the statutory Auditors of the domestic manufacturer, that the claims of value-addition made for the product during the preceding 6 months are in accordance with the Policy. Such certificate shall be filed within 60 days of commencement of each half year, to the purchaser.

(iii) The purchaser shall accept the Affidavit of self-certification regarding domestic value addition in an electronic product submitted by a bidder. It shall not normally be the responsibility of the purchaser to verify the correctness of the claim. The responsibility to show the correctness of the same shall be that of the bidder when asked to do so.

(iv) In case a complaint is received by the purchaser or the concerned Ministry/ Department against the claim of a bidder regarding domestic value addition in an electronic product, the same shall be referred to STQC/ Telecommunications Engineering Centre (TEC) (for telecom products) or any other third party testing laboratories or technical auditors accredited by the Department of Electronics and Information Technology/ Department of Telecommunications for the purpose.

(v) Any complaint referred to STQC/ TEC (for telecom products) or any other accredited third party testing laboratories or technical auditors shall be disposed of within 4 weeks. The bidder shall be required to furnish the necessary documentation in support of the domestic value addition claimed in an electronic product to STQC/ TEC (for telecom products) or any other accredited third party testing laboratories or technical auditors within 2 weeks. The STQC/ TEC (for telecom products) or any other accredited third party testing laboratories or technical auditors may within another two weeks give its finding. If no information is furnished by the bidder- such laboratories may take further necessary action to establish the bonafides of the claim.

(vi) The cost of assessing the extent of domestic value addition shall be borne by purchaser if the domestic value addition is found to be correct as per the certificate. However, if it is found that the domestic value addition as claimed is incorrect, the cost of assessment will be payable by the domestic manufacturer who has furnished an incorrect certificate and its Bid Security/ Performance Bank Guarantee shall be forfeited.

(vii) There would be a complaint fee of Rs.2 Lakh or 1% of the value of the DMEP being procured, whichever is higher, to be paid by Demand Draft to be deposited with STQC/ TEC of DOT, as the case may be, or any other third party testing laboratories or technical auditors accredited by the DeitY/ DOT along with the complaint by the complainant. In case the complaint is found to be incorrect, the complaint fee shall be forfeited. In case the complaint is upheld and found to be substantially correct, deposited fee of the complainant would be refunded without any interest.

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SECTION-5

Part C – Annual Maintenance Contract Agreement

This agreement is made on the ________ day of ______(year) to be effective from ___________ between Bharat Sanchar Nigam Limited a company registered under the Companies Act 1956 having license to provide all types of services of Telegraph and having its registered office at Bharat Sanchar Bhavan, Harish Chandra Mathur Lane, Janpath Road, New Delhi-110 001 New Delhi (hereinafter called BSNL) of the ONE PART and ______________ a company registered under the Companies Act 1956 and having its registered office at _____________________ (hereinafter called SUPPLIER which expression shall unless repugnant to the context, include its successors in business, legal representatives and administrators or permitted assigns) of the OTHER PART.

WHEREAS, BSNL has placed purchase order on the SUPPLIER vide No. _________ dated ________ for supply, installation, commissioning & Annual Maintenance of GPON equipment for NOFN project against tender No._________, dated_____________.

WHEREAS the SUPPLIER has made the offer to duly comply with all the provisions of the Bid Document, including those pertaining to Post Warranty Annual Maintenance Contract and First line maintenance, after making himself fully aware and understanding fully the implications of the terms and conditions and specifications mentioned therein and which has been accepted by BSNL on the terms and conditions mentioned hereafter and after ascertaining that the SUPPLIER is fully capable of complying with the aforesaid terms of the Bid Document.

NOW the AGREEMENT WITNESSETH as follows:

1.0 Period of validity of the Agreement.

1.1 This Agreement shall remain in force for five years from the date of completion of two years warranty, while at the same time the term and conditions of this agreement except for payment of charges to the SUPPLIER shall also apply during warranty period.

1.2 Extension of this Agreement shall be negotiable for the second term depending on the performance of the SUPPLIER during the period of the initial term.

2.0 In addition to complying with all the terms and conditions recorded in the Bid Document, the SUPPLIER hereby agrees and unequivocally undertakes to fully comply with all the terms and conditions stipulated in this Agreement and without any deviation or reservations of any kind.

3.0 Unless otherwise mentioned or appearing from the context, the Tender (Bid) Document and any clarifications thereof and the purchase order shall form part and parcel of this agreement, provided that in case of conflict or inconsistency on any issue relating to this Agreement, the terms set out in the body of this agreement with schedules and Annexure thereto shall prevail.

4.0 During the period of AMC the SUPPLIER shall inter alia :

4.1 Maintain the requisite inventory/ spares.

4.2 Diagnose the hardware and software faults.

4.3 Rectify the hardware/software faults detected.

4.4 Repair and replace the faulty PCB and any other equipment or part thereof. This will include replacement of damaged /burnt / Repair not Possible (RNP) cases also. (Theft and major fire cases are not part of this requirement).

4.5 Carry out the periodic preventive maintenance. The scope of preventive maintenance shall be in accordance with the AMC requirements specified. Details will be worked out with successful bidder.

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4.6 Upkeep and planned upgrade the software to latest version periodically in discussion with BSNL and maintaining of upgrade history database.

4.7 Create customized reports from various supplied systems like EMS etc.

4.8 Provide full & time bound assistance in integrating the NMS/PMS, convergence billing, CRM and associated systems with any other NMS as required by BSNL.

4.9 AMC shall be inclusive of the cost of spares, labour & all other cost.

4.10 Providing details regarding API & other adapters as & when required by BSNL.

5.0 The supplier shall prepare the schedule of preventive maintenance for each quarter and shall submit the same to BSNL in advance. The preventive maintenance shall not affect the normal functioning of the system.

6.0 The SUPPLIER shall provide all global software upgrades to BSNL free of cost as a part of the AMC as well the maintenance of these upgrades.

7.0 The SUPPLIER shall be solely responsible for the maintenance, repair & upgradation of the software/hardware systems, equipments and parts thereof and BSNL shall not be liable to interact with any of the partners/ collaborators or subcontractors of the SUPPLIER.

8.0 Repair and Maintenance and First Line Maintenance :

8.1 Technical Support Centre: The SUPPLIER shall have Technical support Centers at least one in each state and more than one in bigger states as decided by BSNL. The SUPPLIER may set up more such centres to meet the criteria for fault restoration/faulty unit repair times as mentioned in the AMC. The SUPPLIER shall furnish the names, locations, complete postal address, Telephone numbers and FAX numbers and email of all Technical support Centers at the time of signing this Agreement. The SUPPLIER shall also specify the names of the OLTs to be covered by each Technical support Center in the format given at Appendix-‘A’ to this agreement.

8.2 The SUPPLIER shall also provide the name of alternate contact person or Technical Support Center with address & telephone /FAX no./email which may be contacted by BSNL staff (or CPSU staff responsible for maintenance on behalf of BSNL) for support in case of no response/poor response from the designated Technical support center. This, however, shall not preclude BSNL from imposing the penalties, if any, as applicable as per the terms & conditions of this agreement.

8.3 Any change in Address, Phone number, FAX Number/email etc shall have to be intimated in writing by the SUPPLIER to the concerned maintenance in-charge of the OLT as well as the head of the concerned unit (of CPSU entrusted with the maintenance) and BSNL Corporate Office at the earliest. If the OLT maintenance in-charge is unable to report the faults to the normally assigned Technical support Center due to the change of phone number etc. the fault will be reported (as per provision of 9.1 above) and the SUPPLIER shall be responsible for rendering all the maintenance support services to the affected station as per the terms and conditions of this Agreement.

8.4 Responsibilities of Technical support Center :

8.4.1 The SUPPLIER shall ensure that all the Technical support centers are manned by fully competent and responsible Engineers and are :

(i) Capable of giving all types of necessary technical guidance/assistance over phone to the respective In charge of OLT sites for all the components of GPON network for fast restoration of faults and

(ii) Capable of attending the faults at the BSNL sites whenever needed by deputing competitive technical expert.

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8.4.2 The SUPPLIER shall also ensure that Technical support Centres are manned and are able to provide service to BSNL/CPSUs round the clock, all the seven days of the week throughout the year. The level of service provided to BSNL shall not go down during nighttime or due to any day being holiday, or for any other reason.

8.4.3 The Technical support Centers shall arrange to collect the faulty cards/units/PCBs from BSNL sites and repair / replace them with good cards during the period of AMC.

8.4.4 As decided by BSNL in consultation with the vendor, some of the Technical Support Center(s) (atleast one in each zone) shall be designated as repair center(s) which shall be responsible for repairing the faulty cards/units/PCBs and shall also maintain a requisite minimum stock of such cards/equipment often going faulty, in order to keep the down time within limits as envisaged in the this agreement. The SUPPLIER shall be at liberty to distribute spares to the OLTs as deemed fit or keep them at the designated repair centres.

8.4.5 The Technical support Center shall regularly obtain feedback about the health of the systems under its jurisdiction form the OLT in charge of BSNL/ CPSUs on monthly basis (or even more frequently) and maintain a proper record of such feedback. These shall be made available to the technical experts nominated by the SUPPLIER for analysis and such technical expert in turn shall give adequate and proper guidelines/ technical advice to the in-charge of OLTs for taking necessary preventive measure for reducing the frequency of such faults and also for preventing such faults from re-occurring. This shall, however, not absolve the SUPPLIER from fulfilling his obligations under this agreement.

8.4.6 The supplier shall setup at least one repair centre in India within Five month from the date of purchase order, with the facilities for repair of all types of modules/ units/ equipment supplied by it. For third party equipment like Server Hardware of EMS, applications etc, it shall be at the option of the SUPPLIER to either carry-out the repair on its own or through the facilities of third party. In all cases, however, BSNL/CPSUs shall interface only with the SUPPLIER.

9.0 In case first line maintenance will be done by authorized staff of CPSU (nominated by BSNL for operation and maintenance of the installed equipment) by replacement of the faulty /affected module with a readily available good module stocked at the all OLT and ONT sites by the SUPPLIER at his (SUPPLIER’s) cost or out of the spare capacity, if available, in that OLT if no spares at site have been made available by the SUPPLIER. Decision whether the module/ cards at any OLT can be made spare or not shall rest with BSNL. It shall not absolve the SUPPLIER from his responsibilities under this agreement for restoration of fault etc. All such changing/ replacement of faulty/ affected modules shall be done by BSNL/ CPSU staff as per the telephonic (or otherwise) instructions of the technical support centre.

10.0 The faulty module shall be arranged to be collected by the SUPPLIER from the nearest designated Repair Center / Technical support Center within shortest possible time.

11.0 The SUPPLIER shall arrange and ensure repair or replacement of the faulty equipment, to the concerned BSNL site within 30 days of receipt of the faulty module by the SUPPLIER’s designated Technical support Center. Responsibility of collecting the faulty module/ Card/ PCB/ equipment, repairing and sending back the same to the respective BSNL site will be of the SUPPLIER.

12.0 The 30 day time shall be calculated from the date of receipt of the faulty equipment at the SUPPLIERs designated premises to the date of receiving back of the repaired/ replacement of the same at the concerned BSNL site. Additional three day time in each direction shall be allowed as transit time. Wherever sub-racks or other equipment are brought by the representative of the SUPPLIER at site for replacement the faulty unit/ sub-rack/ equipment shall be taken back by the said representative for further repair etc. at the cost of SUPPLIER.

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13.0 The SUPPLIER shall ensure that a minimum stock of 5% of installed items per OLT coverage area (OLT and parented GPs) such as subscriber’s interface cards, control cards and ONTs, CCU, Solar panel, UPS/Battery working in the coverage area, are maintained as spare stock at the respective OLT location / designated Technical Support centers.

14.0 TECHNICAL SUPPORT PROCEDURE: The following procedure shall be followed for Technical support.

14.1 In case of any fault, abnormality in the system, partial or total failure of the system, the first line maintenance person / agency will immediately replace with spare unit within time permitted for this purpose if replacement process is known to him or contact the designated Technical support Center of the SUPPLIER and give information about the nature of fault over phone/ FAX/ e-mail.

14.2 The details of the faults reported shall be recorded in a prescribed format, called the “FAULT – DOCKET” (which shall be decided subsequently). (The docket can be in the form of physical document or electronic form as decided by BSNL at the time of finalization of procedure for the same). Changes in the “FAULT – DOCKET” may be incorporated for better reporting and recording reconciliation of the faults at OLT location and also at Technical support Centers of the SUPPLIER by mutual agreement and understanding, to best utilize the Fault Docket facility of NMS or as and when such need is felt.  To this end changes in fault reporting procedures can also be incorporated.

14.3 Even if the fault is reported over phone by to the first line maintaining agency  to the Technical support Center a copy of the “Fault Docket” duly filled in by the station In charge of site(s) shall be sent by FAX/email to the Technical support Center of the SUPPLIER for records.  The time of occurrence of fault as recorded in the fault docket shall only be taken into consideration for calculating the actual duration of faults.

14.4 Similarly, after rectification of fault a Clearance Docket duly filled in after recording the time of restoration and total duration of fault, will be sent by station In-charge of of site(s) to the Technical support Center, preferably by FAX/ email, for records.

14.5 In case of any dispute arising regarding duration of fault etc, the Fault Docket as maintained at the BSNL OLT shall be the guiding documents to be agreed by both parties.

14.6 The “Fault Docket” shall be filled with utmost care, giving all the details of the faults and other information as prescribed in the Fault Docket and the entries made shall be authenticated by signature of the site(s) In-charge of the station concerned.

14.7 Technical instructions shall be given to the first line maintaining agency as supplier/BSNL/CPSU staff (whichever is applicable) of the concerned site(s), over phone. If the fault is restored by following the instructions given over phone, the site(s) In-charge will close the Fault Docket after making suitable entries and after satisfying himself of the proper restoration of the fault.  A copy of the Clearance Docket duly filled in shall be sent to the Technical support Center for records.

14.8 The SUPPLIER shall also ensure visits of the expert and competent technical staff of the SUPPLIER in case the fault is not rectified to the satisfaction of BSNL/CPSU even after following the telephonic instructions and advices.

14.9 Once the fault has been rectified and the system & services restored to normalcy, the visiting engineer of the SUPPLIER shall record in the OLT Log Book/site(s) log book, the details of the works done by him for restoration of the faults and also record the details of steps to be taken and procedures to be followed for not only restoration of similar faults by the staff of first line maintaining agency staff but also for preventing the occurrence of similar faults in future. Similar entries shall be made in the fault docket also.

14.10 In addition to the above, BBNL is planning to implement the Fault Management system through NMS for detection, booking, localization and clearance of the faults and maintenance of the fault records/history in soft form using on-line systems. The

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SUPPLIER shall be given access to the appropriate NMS terminal at the Technical Support Centers. Appropriate procedures and methodology for the same shall be formulated by BSNL.

15.0 Maintenance of History sheet and Log Books:

15.1 The SUPPLIER shall provide copy of elaborate maintenance procedures and Proforma of the history sheet at every site of OLT and  where the equipment is installed.

15.2 The personnel of the first line maintaining agency shall fill up the history sheet containing the statistics about the health of the equipment installed at the concerned site and send a report to the Technical support center of the SUPPLIER on monthly basis. Based on the History sheet report, the SUPPLIER shall analyze the health record of each site and if something alarming or unusual is noticed, shall advise the first line maintaining personnel of the site(s) to take necessary actions for preventive maintenance of such equipment.  These instructions for preventive maintenance shall be passed on to BSNL/CPSU staff of the concerned station also in writing and by sending experts to the respective stations when felt necessary.  BSNL reserves the right to make changes in the Proforma proposed by the SUPPLIER.

15.3 History sheet Pro forma shall become part of this agreement and decided at the time of signing of the agreement.

16.0 AMC and first line maintenance charges and Payments:

16.1 The charges will be as given in the purchase order.

16.2 The following procedure shall be followed for making payment for the services rendered by the SUPPLIER under this Agreement.

16.2.1 BSNL shall not pay any charges in advance.  Payment for AMC and first line maintenance shall be made by BSNL/BBNL at the end of each three months period, after successful execution of the works under this Agreement normally within 15 (fifteen) days of the receipt of the OLT-wise bills duly completed.

16.2.2 All payments shall be made by the Account units concerned based on the duly processed bills received from Nodal officer for the OLT(s) and parented GPs after deducting penalties, if any.  For this purpose, BSNL will designate nodal officers in various states/districts.

16.2.3 BSNL reserves the right to adjust any over-payment of AMC charges and first line maintenance charges in any quarter, any time during the period of this agreement .

17.0 Deleted.

18.0 FORCE MAJEURE: Neither BSNL nor the SUPPLIER shall be liable to the other for any delay in or failure of performance of their respective obligation under the agreement caused by occurrences beyond the control of BSNL or the SUPPLIER including but not limited to fire (including failure or reductions), acts of God, acts to the public enemy, was, insurrections, riots, strikes, lockouts, sabotage, any law, status or ordinance, thereof of any other local authority, or any compliance therewith or any other causes ,contingencies of circumstances similar to the above. Either party shall promptly but not later than twenty days thereafter notify the other of the commencement, and cessation of such contingencies, and if such contingencies continue beyond three months. Both parties agree upon the equitable solution for termination of this agreement or otherwise decide the course of action to be adopted.

19.0 Faults Severity levels and restoration time

19.1 The  faults in OLT and equipment at OLT location is expected to be rectified within maximum 3 hours of of its occurrence.

19.2 The faults in the ONT and associated equipment at ONT location shall be rectified within 6 hours of occurrence of the fault.

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19.3 90% of the faults/complaints shall be attended by the selected bidder within 12 hours for the faults at OLT location and within 24 hours for the faults at parented ONT location in the quarter .

19.4 100% of the faults/complaints shall be attended by the selected bidder within 3 days i.e.72 hours.

19.5 The time for restoration of fault will be counted from the time of reporting to the technical support centre as per procedure prescribed in clause 8 of this agreement.

19.6 For the purpose of arriving at the penalties as indicated in clauses 19.1 to 19.6 above, the calculated percentage upto two decimal points shall be rounded off to nearest figure (e.g. 4.49% will be taken as 4% and 4.50 shall be taken as 5%)

20.0 Penalties

21.0 Penalties shall be applicable on the annual payable amount derived for OLT and associated ONT locations from the total payable amount under first line maintenance and it will be deducted from the paybale amount . Penalties shall be imposed as per following for not meeting the requirement as above:

a) 2% for not meeting the requirement at  19.1 above.

b) 5% for not meeting the requirement at  19.2 above.

c) 10% for not meeting the requirement at  19.3 above.

The annual maximum penalty will be 25% of the order value under AMC and FLM for the OLT and Parented GPs.

21.1 If the supplier fails to restore the faults in EMS (related to equipments supplied) within the time limit specified in clause 19 above, following penalties shall be applicable:

Severity Level Penalty per hour of delay/per Site/per occasionA Rs. 3000/-B Rs. 600/-C Rs   500/-

(Delay will be counted in steps of one hour).

21.2 The penalty will be applicable on per Site basis even if there is a commonality of fault at any point in the network causing failure in full or part of service at more than one OLTs in the network.

21.3 If the supplier is unable to meet the deadline of 36 days as mentioned in para 12 for repair/replacement of faulty equipment, a penalty of Rs.500/- per day of delay per faulty module/card shall be applicable. Beyond 45-day delay, the penalty shall be Rs.1000 per day.

21.4 A system of dispatch and receipt of challans shall be worked out between BSNL and the supplier within three months of the placement of Purchase Order in order to account for the delay. Decision of BSNL as to how the system is designed shall be final.

21.5 All the penalty calculation shall be done on six monthly basis. The penalty shall be deducted from the six months bills. The maximum value of penalty for fault in OLTs/ONT/SPV power supply shall not exceed 20% of AMC amount in that quarter. However there shall be no limit on the penalty for delay in repair of units/models as mentioned in 20.3 above.

21.6 Any failures affecting the availability of service to more than 20% of working subscribers in an OLT network at a time, shall entitle BSNL to deduct 1% of the quarterly bill for such OLT for each occasion of such failure in that quarter. This will be in addition to the OLT-wise penalty indicated above.

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22.0 After the expiry of annual maintenance contract, it shall be optional for BSNL not to enter into the AMC contract further with the contractor. In such circumstances the contractor will be bound to hand over the spare parts/ sub-assemblies/ printed circuit boards etc. to BSNL. For this reason the bidder shall quote, in the bid, the price of these parts/ sub-assemblies/ PCBs to be paid by BSNL at that time.

23.0 If BSNL is not satisfied with the performance of the SUPPLIER during AMC it reserves the right to terminate the AMC during its currency, after giving three months’ notice to the SUPPLIER and in such an event the vendor will hand over all the spares as indicated above.

24.0 DISPUTES & ARBITRATION:

24.1 For the purpose of Disputes, Arbitration Appropriation Clauses in Section-III General (Commercial) Conditions of Contract shall be applicable. In the event of any question, dispute or difference arising under this agreement or in connection there-with (except as to matter the decision of which is specifically provided under this agreement), the same shall be referred to sole arbitration of the CMD, BSNL, New Delhi or in case his designation is changed or his office is abolished then in such case to the sole arbitration of the officer for the time being entrusted (whether in addition to his own duties or otherwise) with the functions of the CMD, BSNL or by whatever designation such officers may be called (hereinafter referred to as the said officer) and if the CMD, BSNL or the said officer is unable or unwilling to act as such the sole arbitration or some other person appointed by the CMD, BSNL or the said officer. The agreement to appoint an arbitrator will be in accordance with the Arbitration and Conciliation Act, 1996.

24.2 There will be no objection to any such appointment on the ground that the arbitrator is BSNL Servant or that he has to deal with the matter to which the agreement relates or that in the course of his duties as BSNL Servant he has expressed views on all or any of the matter under dispute. The award of the arbitrator shall be final and binding on the parties to the agreement. In the event of such arbitrator to whom the matter is originally referred, being transferred or vacating his office or being unable to act for any reasons whatsoever the CMD, BSNL or the said officer shall appoint another person to act as 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.

24.3 The arbitrator may from time to time with the consent of parties enlarge the time for making and publishing the award. Subject to aforesaid Arbitration and Conciliation Act, 1996 and the Rules made there under, any modification thereof for the time being in force shall be deemed to apply to the arbitration proceeding under this clause.

24.4 The venue of the arbitration proceeding shall be the Office of the CMD, BSNL, New Delhi or such other Places as the arbitrator may decide.

24.5 Any party shall not use any information obtained from other party during the course of dispute resolution process under this clause for any purpose other than to resolve the dispute and such information shall not be used in any litigation.

24.6 Both parties shall use their best efforts in good faith and best intention to resolve disputes by mutual negotiation and consultation and shall settle amicably any dispute that may arise or relate to this agreement or a breach thereof. Pending resolution of a dispute, the supplier shall continue to fulfill its obligations under this agreement.

25.0 Set Off: Any sum of money due and payable to the SUPPLIER (including security deposit refundable to him) under this contract may be appropriated by the purchaser or the BSNL or any other person or persons contracting through the BSNL and set off the same against any claim of the Purchaser or BSNL or such other person or persons for payment of a sum of money arising out of this contract or under any other contract made by the supplier with the Purchaser or BSNL or such other person or persons contracting through BSNL.

IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed through their respective authorized representatives on the day and year first above written.

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Signed and delivered for and on behalf of BHARAT SANCHAR NIGAM LIMITED.

By____________

Signed on behalf of M/s.___________________

By Shri _______________ holder of General Power of Attorney dated__________ executed in accordance with the Resolution No. Nil dated _____________ passed by Board of Directors.

In the presence of:

Witness:

1_____________________

2____________________

****

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Appendix “A” to the AMCDetails of Technical Support Centers

Sl. No.

Location of Technical support Center

Area/ OLTs Served

Postal Address

Telephone Numbers Minimum two

Mobile Phone Number

FAX Number

E-mail Address

1 1

2

3

4

5

2

3

4.

5

6

7

****

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SECTION-6

UNDERTAKING & DECLARATION

6(A) - For understanding the terms & condition of Tender & Spec. of work

a) Certified that:

1. I/ We ……………………………………. have read, understood and agree with all the terms and conditions, specifications included in the tender documents & offer to execute the work at the rates quoted by us in the tender form.

2. If I/ We fail to enter into the agreement & commence the work in time, the EMD/ SD deposited by us will stand forfeited to the BSNL.

b) The tenderer hereby covenants and declares that:

1. All the information, Documents, Photo copies of the Documents/ Certificates enclosed along with the Tender offer are correct.

2. If anything is found false and/or incorrect and/or reveals any suppression of fact at any time, BSNL reserves the right to debar our tender offer/ cancel the LOA/ Purchase/ work order if issued and forfeit the EMD/ SD/ Bill amount pending with BSNL. In addition, BSNL may debar the contractor from participation in its future tenders.

3. In case of any correction / addition /alteration / omission in the tender submitted as part of submission of bid, our bid shall be treated as non-responsive and shall be rejected summarily by BSNL.

Date: …………… …………………………

Signature of Tenderer

Place: …………… Name of Tenderer …………………… Along with date & Seal

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6 (B) – NEAR-RELATIONSHIP CERTIFICATE:

(Format of the Certificate to be given as per the clause 34.4 of Section-4 Part-A by the bidder in respect of status of employment of his/ her near relation in BSNL)

The format of the certificate to be given is "I…………..s/o…….……r/o……………..hereby certify that none of my relative(s) as defined in the tender document is/are employed in BSNL unit as per details given in tender document. In case at any stage, it is found that the information given by me is false/ incorrect, BSNL shall have the absolute right to take any action as deemed fit/without any prior intimation to me."

Signature of the tendererWith date and seal

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6(C)

FORMAT FOR AFFIDAVIT OF SELF-CERTIFICATION REGARDING DOMESTIC VALUE ADDITION

(To be provided on Rs.100/- Stamp Paper)

Date:_______________

I____________________________ S/o, D/o, W/o _____________________, Resident of_____________________________________________ do hereby solemnly affirm and declare as under:

That I will agree to abide by the terms and conditions of the policy of Government of India issued vide Notification No of. Department of Telecom 18-07/2010-IP dated 5th October 2012.

That the information furnished hereafter is correct to best of my knowledge and belief and I undertake to produce relevant records before the procuring authority or any authority so nominated by the DOT, Government of India for the purpose of assessing the domestic value-addition.

That the domestic value addition for all inputs which constitute the said product has been verified by me and I am responsible for the correctness of the claims made therein. That in the event of the domestic value addition of the product mentioned herein is found to be incorrect and not meeting the prescribed value-addition norms, based on the assessment of an authority so nominated by the DOT, Government of India for the purpose of assessing the domestic value-addition, I will be disqualified from any Government tender for a period of 36 months. In addition, I will bear all costs of such an assessment.

That I have complied with all conditions referred to in the Notification No. wherein preference to domestically manufactured telecom products in Government procurement is provided and that the procuring authority is hereby authorized to forfeit and adjust my EMD and other security amount towards such assessment cost and I undertake to pay the balance, if any, forthwith.

I agree to maintain the following information in the Company’s record for period of 8 years and shall make this available for verification to any statutory authorities.

i. Name and details of the Domestic Manufacturer. (Registered Office, Manufacturing unit location, nature of legal entity)

ii. Date on which this certificate is issued.

iii. Telecom Product for which that certificate is produced.

iv. Purchaser to whom the certificate is furnished

v. Percentage of domestic value addition claimed

vi. Name and contact detail of the unit of the manufacturer.

vii. Sale Price of the product

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viii. Ex-Factory Price of the product

ix. Freight, insurance and handling

x. Total Bill of Material xi. List and total cost value of inputs used for manufacture of the telecom product

xii. List and total cost of inputs which are domestically sourced. Please attach certificates from suppliers, if the input is not in-house.

xiii. List and cost of inputs which are imported, directly or indirectly

For and on behalf of _________________________ (Name of firm/ entity)

Authorized signatory (To be duly authorized by the Board of Directors) <Insert Name, Designation and Contact No.>

****

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SECTION- 7

PROFORMAS

7(A) For the BIDSECURITY/ EMD Guarantee(To be typed on Rs.100/- non-judicial stamp paper)

Sub: Bid Security/EMD guarantee.Whereas M/s …………………………… R/o ……………… …………

……………………………………… (Hereafter referred to as Bidder) has approached us for giving Bank Guarantee of Rs. ………………/- (hereafter

known as the “B. G. Amount”) valid up to …../……/ 20….. (hereafter known as the “Validity date”) in favour of D GM ( MMT) BS N L CO, Del h i (Hereafter referred to as BSNL) for participation in the tender of work of …….………………. vide tender no. ………………………………….

Now at the request of the Bidder, We ……………………………………… Bank …………………………Branch having ………………………………………… ………. .……………………………………. (Address) and Regd. office address as ……… ………...……………………………………………………………………………… ……… …………… (Hereinafter called ‘the Bank”) agrees to give this guarantee as hereinafter contained:

2. We the Bank do hereby undertake to pay the amounts due and payable underthis guarantee without any demur, merely on a demand from the BSNL stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the BSNL by reason of breach by the said bidder(s) of any of terms or conditions contained in the said Agreement or by reason of the bidder (s) failure to perform the said Agreement. Any such demand made on the bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee where the decision of the BSNL in these counts shall be final and binding on the bank. However, our liability under this guarantee shall be restricted to an amount not exceeding the “B. G. Amount”.

3. We undertake to pay to the BSNL any money so demanded notwithstanding any dispute or disputes raised by the bidder(s) in any suit or proceeding before any court or tribunal relating thereto our liability under this present being absolute and unequivocal. The Payment so made by us under this bond shall be valid discharge of our liability for payment there under and the bidder(s) shall have no claim against us for making such payment.

4. We the Bank further agree that the guarantee herein contained shall remain in

full force and effect during the period that would be taken for the performance of the said agreement and that it shall continue to be enforceable till all the dues of the BSNL under or by virtue of the said Agreement have been fully paid and its claims satisfied or discharged or till BSNL Certifies that the terms and conditions of the said Agreement have been fully and properly carried out by the said bidder(s) and accordingly discharge this guarantee. Unless a demand or claim under this guarantee is made on us in writing or before the expiry of Validity date from the date hereof, we shall be discharged from all liability under this guarantee thereafter.

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

6. Notwithstanding anything herein contained ;(a) The liability of the Bank under this guarantee is restricted to the “B. G.

Amount” and it will remain in force up to its Validity date specified above. (b) The guarantee shall stand completely discharged and all rights of the BSNL

under this Guarantee shall be extinguished if no claim or demand is made on us in writing on or before its validity date.

7. In case BSNL demands for any money under this bank guarantee, the same shall be paid through banker’s Cheque in favour of “AO (Cash) BSNL CO” payable at New Delhi.

8. The Bank guarantees that the below mentioned officer who have signed it onbehalf of the Bank have authority to give this guarantee under its delegated power.

Place: ……………………………

Date: ………………………….. (Signature of the Bank Officer) Rubber stamp of the bank

Authorized Power of Attorney Number: ……………….Name of the Bank officer: ……………………………..

Designation: …………………………………… Complete Postal address of Bank: ……………………

……………………………………………………………… Telephone Numbers …………………………….. Fax numbers ………………………………

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7(B) For the Performance Guarantee(To be typed on Rs.100/- non-judicial stamp paper)

Dated:……………..

Sub: Performance guarantee.

Whereas A G M (MM) BSNL CO, De l hi R/o …………………………..………… ………………….. (hereafter referred to as BSNL) has issued an APO no. …………..………. Dated ……/……/20….. awarding the work of …………… …… … ………………………………….. to M/s ………..…………………………… R/o ………………………………………………………………… (hereafter referred to as “Bidder”) and BSNL has asked him to submit a performance guarantee in favour of D G M( M MT) BS N L C O, De lh i of Rs. …………..……/- (hereafter referred to as “P.G. Amount”) valid up to ……/……/20………(hereafter referred to as “Validity Date”)

Now at the request of the Bidder, We ……………………………………… Bank…………………………Branch having ……………………..…………………… ………. .……………………………… ……. (Address) and Regd. Office address as ……… ………...…………………………………………………………………………… ……… …………… (Hereinafter called ‘the Bank”) agreed to give this guarantee as hereinafter contained:

2. We, “the Bank” do hereby undertake and assure to the BSNL that if in the opinion of the BSNL, the Bidder has in any way failed to observe or perform the terms and conditions of the said agreement or has committed any breach of its obligations there-under, the Bank shall on demand and without any objection or demur pay to the BSNL the said sum limited to P.G. Amount or such lesser amount as BSNL may demand without requiring BSNL to have recourse to any legal remedy that may be available to it to compel the Bank to pay the same.

3. Any such demand from the BSNL shall be conclusive as regards the liability of Bidder to pay to BSNL or as regards the amount payable by the Bank under this guarantee. The Bank shall not be entitled to withhold payment on the ground that the Bidder had disputed its liability to pay or has disputed the quantum of the amount or that any arbitration proceeding or legal proceeding is pending between Bidder and BSNL regarding the claim.

4. We, the Bank further agree that the guarantee shall come into force from the date of its issue and shall remain in full force and effect up to its Validity date.

5. The Bank further agrees that the BSNL shall have the fullest liberty without the consent of the Bank and without affecting in any way the obligations hereunder to vary any of the terms and conditions of the said agreement or to extend the time for performance of the said agreement from any of the powers exercisable by BSNL against the Bidder and to forebear to enforce any of the terms and conditions relating to the said agreement and the Bank shall not be relieved from its liability by reason of such failure or extension being granted to Bidder or through any forbearance, act or omission on the part of BSNL or any indulgence by BSNL to Bidder or any other matter or thing whatsoever which under the law relating to

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sureties would but for this provision have the effect of relieving or discharging the guarantor.

6. Notwithstanding anything herein contained ;(a) The liability of the Bank under this guarantee is restricted to the P.G.

Amount and it will remain in force up to its Validity date.

(b) The guarantee shall stand completely discharged and all rights of the BSNL under this Guarantee shall be extinguished if no claim or demand is made on us in writing on or before its validity date.

7. In case BSNL demands for any money under this bank guarantee, the same shall be paid through banker’s Cheque in favour of “AO (Cash) BSNL CO” payable at New Delhi.

8. The Bank guarantees that the below mentioned officer who have signed it on behalf of the Bank have authority to give this guarantee under its delegated power.

Place: ……………………………

Date: ………………………….. (Signature of the Bank Officer)

Rubber stamp of the bank

Authorized Power of Attorney Number: ……………….

Name of the Bank officer: ……………………………..

Designation: ……………………………………

Complete Postal address of Bank: ……………………

………………………………………………………………

Telephone Numbers ……………………………..

Fax numbers ………………………………

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7 (C) For Letter of Authorization for attending Bid Opening Event.

(To be typed preferably on letter head of the company)

Subject: Authorization for attending Bid opening

I/ We Mr. /Ms. …………………………………….. have submitted our bid for thetender no. ………………………….……… in respect

of …………………… ………………………………………………………….. (Item of work) which is due to open on …………………. (date) in the Meeting Room, O/o ………………………………………………………………………………….

We hereby authorize Mr. / Ms. ………………………………& Mr. / Ms…………….………… (alternative) whose signatures are attested below, to attend the bid opening for the tender mentioned above on our behalf.

…………………………………….

Signature of the Representative………………………………… Signature of Bidder/ Officer authorized to signName of the Representative on behalf of the Bidder…………………………………….

Signature of the alternative Representative

…………………………………………..

Name of the alternative Representative

Above Signatures Attested

Note 1: Only one representative will be permitted to attend the Bid opening

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

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7(D) Model Amendment Letter Intimating Conditions for Extension of Delivery Period

(Refer to Appendix (i) to clause 15.3 of Section-5 Part A)

Registered Acknowledgement Due

Address of the purchaser

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

--------------------------------To

M/s ………………………………..

………………………………………

Sub: This office contract no……….. dated ………. placed on you for supply of ……………….

Ref :Your letter no……………………………… dated ……………….

We are in receipt of your letter, wherein you have asked for extension/ further extension of time for delivery/ execution/ installation/ commissioning.In view of the circumstances stated in your above referred letter, the time of delivery can be extended from (original/ last delivery period) to ……….. (presently agreed delivery period) subject to your unconditional acceptance of the following terms and conditions:

1. That, liquidated damages shall be levied in accordance with agreed clause 16.2 & 16.3 Section-5 Part A of terms and conditions of the tender/ PO.

2. That, notwithstanding any stipulation in the contract for increase in price on any ground, no such increase, whatsoever, which takes place after current last date of Delivery shall be admissible on such of the said goods as are delivered after the said date as per clause 12 Section-5 Part A.

3. That, the prices during this extended delivery period shall be provisional and shall be governed as per agreed clauses 12 and 24 of Section 5 Part A and shall be finalized in accordance with the current PO price or the current PO price with latest budget/ duty impact or the prices in the new tender (T.E. no. ………..) from the date of its opening, on whichever is lower basis.

4. An additional BG of Rs. in accordance with clause 15.3, Section-5 PartA of the contract with validity up to .

5. An undertaking as required vide clause 24.3, Section-5A. Otherwise furnish the details as requisite in clause 24.4 section 5 Part A”

Please intimate your acceptance of this letter alongwith the additional BG within ten days of the issue of this letter failing which the contract will be cancelled at your risk and expense without any further reference to you. This letter shall form part and parcel of the agreement/ contract/ APO/ PO and all other terms & conditions of the contract remain unaltered.

Yours faithfully,

(………………………)

for and on behalf of………..

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Note : The entries which are not applicable for the case under consideration are to be deleted

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7(E)- Model Amendment Letter for Extension of Delivery Period

Appendix (ii) to clause 15.3 of Section-5 Part A

Registered Acknowledgement Due

Address of the purchaser

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

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

To

M/s ………………………………..

……………………………………..

Sub : This office contract no………….. dated …………. placed on you for supply of ………………

Ref : 1. Your letter no……………………………… dated ………………. requesting DP extension

2. This office letter no. ……………… dated ……… intimating conditions forDP extension

3. Your letter no………………….. dated …………. accepting the conditions for DP extension

In your above letter under reference (1), you have asked for extension/ further extension of time for delivery/ execution/ installation/ commissioning. The terms and conditions for extension of delivery period were conveyed to you vide this office letter under reference (2).

In view of the circumstances stated in your above referred letter, and upon your unconditional acceptance of the terms and conditions of this extension vide your letter under reference (3), the time of delivery is hereby extended from (last delivery period) to (presently agreed delivery period) on the terms and conditions in letter under reference (2) above and agreed by you vide letter under reference (3) i.e.:

(a) Liquidated damages shall be levied in accordance with agreed clause 16.2 &16.3 Section-5 Part A of terms and conditions of the tender/ PO.

(b) Notwithstanding any stipulation in the contract for increase in price on any ground, no such increase, whatsoever, which takes place after current last date of Delivery/ completion of work shall be admissible on such of the said goods as are delivered after the said date as per clause 12 Section- 5 Part A.

(c) The prices during this extended delivery period shall be governed as per clauses 12 and 24 of Section-5 Part A and shall be finalized in accordance with current PO price or the current PO price with latest budget/ duty impact or the prices in the new

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tender (T.E. no. ………..) from the date of its opening, on whichever is lower basis.

The letters under reference above and this letter shall form part and parcel of agreement/ contract/ APO/ PO and all other terms & conditions of the contract remain unaltered.

Yours faithfully,

(………………………) for and on behalf of………..

Copy to :

…………………..

…………………..

………………….. (All concerned)

Note:- The entries which are not applicable for the case under consideration are to be deleted

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7 (F) INTEGRITY PACT

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

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

PreambleThe Principal intends to award, under laid down organizational procedures, contract/s for

-------------------------------------------. The Principal values full compliance with all relevant laws and regulations, and the principles of economic use of resources, and of fairness and transparency in its relations with its Bidder/s and Contractor/s.

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

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

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

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

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

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

Section 2 – Commitments of the Bidder(s)/Contractor(s)(1) The Bidder(s)/Contractor(s) commits itself to take all measures necessary to prevent corruption.

He commits himself to observe the following principles during his participation in the tender process and during the contract execution.

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

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

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

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

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

Section 3 – Disqualification from tender process and exclusion from future contractsIf the Bidder(s)/Contractor(s), before contract award or during execution has committed a

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

Section 4 – Compensation for Damages(i) If the Principal has disqualified the Bidder(s) from the tender process prior to the award

according to Section 3, the Principal is entitled to demand and recover the damages equivalent to Earnest Money Deposit / Bid Security.

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

Section 5 – Previous transgression(i) The Bidder declares that no previous transgression occurred in the last 3 years with any

other Company in any country conforming to the Anti-corruption approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process.

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

Section 6 – Equal treatment of all Bidders/Contractors/Subcontractors(i) The principal will enter into agreements with identical conditions as this one with all

Bidders/Contractors.(ii) The Bidder(s)/Contractor(s) undertake(s) to demand from all subcontractors a

commitment in conformity with this Integrity Pact. (iii) The Principal will disqualify from the tender process all bidders who do not sign this

Pact or violate its provisions.

Section 7 – Criminal charges against violating Bidder(s) /Contractor(s) /Subcontractor(s)If the Principal obtains knowledge of conduct of a Bidder, Contractor or Subcontractor, or of an employee or a representative or an associate of a Bidder, Contractor or Subcontractor, which constitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal will inform the Corporate Vigilance Office.

Section 8 – External Independent Monitor/Monitors

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

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

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

Notwithstanding anything contained in this Section, the Bidder(s)/Contractor(s) shall have no obligation whatsoever to provide any internal costing mechanisms or any internal financial or commercial data pursuant to any audit or review conducted by or on behalf of the Principal.

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Further, the Bidder(s)/Contractor(s) shall not be required to provide any data relating to its other customers, or any personnel or employee related date.

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

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

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

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

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

Section 9 – Pact Duration1. This Pact begins when both parties have legally signed it. It expires for the Contractor

12 months after the last payment under the contract, and for all other Bidders 6 months after the contract has been awarded.

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

Section 10 – Other provisions1. This agreement is subject to Indian Law. Place of performance and jurisdiction is the

Registered Office of the Principal, i.e. New Delhi. The arbitration clause provided in the tender document / contract shall not be applicable for any issue /dispute arising under Integrity Pact.

2. Changes and supplements as well as termination notices need to be made in writing. 3. If the Contractor is a partnership or a consortium, this agreement must be, signed by all

partners or consortium members.4. Should one or several provisions of this agreement turn out to be invalid, the remainder of this

agreement remains valid. In this case, the parties will strive to come to an agreement to their original intensions.

-------------------------------- ----------------------------------For the Principal For the Bidder/Contractor

Place…………………… Witness 1 : ………………………………

Date …………………… Witness 2 : ………………………….

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7 (H)CERTIFIED TRUE COPY OF RESOLUTION PASSED BY THE BOARD

OF DIRECTORS OF THE COMPANY……………………….. AT ITS BOARD MEETING HELD ON…………………… AT

…………………….. ………………………….1. RESOLVED THAT the Company ABC Ltd., a company registered in…………………..

and having registered office at………………………….. do hereby certify that the Company owns the Technology and is the Brand owner and that the products, ( model no of all items), for which the company is providing the technology to XYZ Ltd are as per the tender specification & relevant TEC GR no GR/WS/BSS-002/01, Dec 2009, Cat-1 & comply with the GR no in the tender floated by Bharat Sanchar Nigam Limited (BSNL), India.

2. RESOLVED THAT approval of the Board of Directors be and is hereby given for the transfer of technology along with all IPR to ............................................. company incorporated in India under the laws of India and having Registered office at ............................................................................ to manufacture the same .......................(all products with model no) (name of solutions) in India and supply the same to BSNL under tender no.......................................... and that necessary Agreements to be executed with...................... for a minimum period of 6 (six) years from the date of ...................

3. RESOLVED FURTHER that approval of the Board of Directors be and is hereby given unconditionally that once the Tender is awarded to ..................., the Company shall extend all its support and shall not terminate the contract till such time the project is implemented in all respect as per the tender conditions.

4. RESOLVED FURTHER THAT the agreement/ contract shall be signed by........................... directors of the company and that a necessary copies of agreements/ MoUs/ certificates duly signed by Managing Director be provided to BSNL, whenever required.

Certified true copy

For.......................

Sign

Name

Designation: Chairman

Page 106 of 127

7(I)CERTIFIED TRUE COPY OF RESOLUTION PASSED BY THE BOARD

OF DIRECTORS OF THE COMPANY ----------------- AT ITS BOARD MEETING HELD ON ------------------------AT -----------------------

1. RESOLVED THAT the company --------, a company registered in ---------- and having registered office at ………………….., are an established and reputed manufacturer of satellite HUB & VSAT equipments.

2. RESOLVED THAT approval of Board of Directors be and is hereby authorize to ---------------- company incorporated in India under the laws of India and having registered office at ------------ to quote for our equipments - HUB & VSAT to BSNL under tender no -------for ------- and necessary agreement has been executed for a minimum period of 7 (seven) years from date of opening of BSNL tender.

3. RESOLVE THAT product supplied by us against this tender will be free from black boxes, malware, trapdoor and remote/ hidden attack through computerized command and control and adequate steps and mechanism for security against subversive activity by our supplied/ manufactured equipment involved in the supply chain will be taken and will be in place. In case of any anomaly arising, now or in future, out of the above paragraph by a process of security audit by an objective third party, the same will be rectified/ corrected by taking reasonable steps directly by us as per the directions/ guidelines from BSNL/ Government of India.

4. RESOLVED THAT approval of the Board of Directors be and is hereby given unconditionally that once the Tender is awarded to -----------------------, the Company shall extend all its supports and shall not terminate the contract till such time the project is implemented in all respect as per the tender conditions.

Certified True Copy :

For

Sign

Name

Designation :

Page 107 of 127

SECTION- 8Bidder’s profile & Questionnaire.

Tenderer / Bidder’s Profile & Questionnaire

(To be filled in and submitted by the bidder)

A) Tenderer’s Profile

1. Name of the Individual/ Firm: ………………………………………………

2. Present Correspondence Address ……………………..…………………………..…………………………………………………………………………

…………………………..…………………………………………………………

Telephone No. …………………………….. Mobile No. ………………………...FAX No. …………………………………………………………………………

3. Address of place of Works/Manufacture ……….…………….……………………………………………….………………… ………………….………………………………………………………………………

Telephone No. ..……………………….. Mobile No. ……………………………

4. State the Type of Firm: Sole proprietor-ship/partnership firm / (Tick the correct choice): Private limited company.

5. Name of the sole proprietor/ partners/ Director(s) of Pvt. Ltd Co.:

S. No. Name Father’s Name Designation

1.

2.

3.

4.

5.

6. Name of the person authorized to enter into and execute contract/ agreement and the capacity in which he is authorized (in case of partnership/ private Ltd company):

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

7. Permanent Account No. : ………………………………………………………

8. Details of the Bidder’s Bank for effecting e-payments:

(a) Beneficiary Bank Name:……………………………… Page 108 of 127

(b) Beneficiary branch Name:……………………………. (c) IFSC code of beneficiary Branch……………………..(d) Beneficiary account No.:……………………………….(e) Branch Serial No. (MICR No.):………………………...

9. Whether the firm has Office/ works (i.e. manufacture of the tendered item) in Delhi? If so state its Address

…………………………………………………………………………………………………………………………………………………………………………

B) Questionnaire

1. Do you think any other detail/ material is required to complete the work specified in the specification? Yes/ No.

1.1 If Yes, Give details………………………………………………………………………………………

………………………………………………………………………………………

2. Do you think any other item of work need be included in tender form to complete the work specified in the specification? Yes/ No.

2.1 If Yes, Give details

………………………………………………………………………………………

………………………………………………………………………………………

3. Kindly indicate the maximum Quantity of tendered material which you are capable of supplying within the scheduled delivery period.

Name of the tendered Item Qty that can be supplied by the firm within scheduled delivery period.

4. Suggestion for improvement of the tender document.

……………………………………………………………………………………….

……………………………………………………………………………………….

…………………………………………………………………………………….

Place………………….Signature of contractor ………………………

Date …………………. Name of Contractor ……………………………

Page 109 of 127

SECTION-9 Part-A

BID FORMTo From,

…………………………………………. ……………………………………….

<com pl e t e a ddr e ss o f the pur c h a s e r > <c o m p l e t e a ddre s s o f the Bidder>

…………………………………………. …………………………………………

……………………………………… …………………………………………

Bidder’s Reference No:……………....………………… …Dated…………………….

Ref: Your Tender Enquiry No. …………………………………dated …………………1. Having examined the above mentioned tender enquiry document including

amendment/ clarification/ addenda Nos. ...................... dated …………….. ……………the

receipt of which is hereby duly acknowledged, we, the undersigned, offer to supply and deliver

.............................................. in conformity with the said drawings, conditions of contract and specifications for the sum shown in the schedule of prices attached herewith and made part of the financial Bid.

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

3. We agree to abide by this Bid for a period of 1 5 0 days from the date fixed for Bid opening or for subsequently extended period, if any, agreed to by us. This bid shall remain binding upon us up to the aforesaid period.

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

5. If our Bid is accepted, we will provide you with a performance guarantee froma Scheduled Bank for a sum @ 5% of the contract value for the due performance of the contract.

6. If our Bid is accepted, we undertake to complete delivery of all the items and perform all the services specified in the contract in accordance with the delivery schedule specified in the Section-5B.

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

Dated: ....... day of ................... 20……. Signature…………………………

Witness Name …………………………….. Signature………………………….

In the capacity of …………………………. Name ……………………………..

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

Address ...................................... ****

Page 110 of 127

Page 111 of 127

SECTION-9 Part-B

PART-I: PRICE SCHEDULE FOR EQUIPMENT

Sl.No.

Item

des

crip

tion

Tota

l Qua

ntity

Ex-

fact

ory

Pric

e (B

asic

Uni

t Pric

e ex

clus

ive

of a

ll le

vies

& c

harg

es)

Excise Duty/ Custom

Duty

Sales Tax/ VAT

F.F. Pkg& Insurance

Oth

er le

vies

& c

harg

es, i

f any

Uni

t Pric

e (a

ll in

clus

ive)

(4+6

+8+1

0+11

)

Dut

ies

& T

axes

VA

T/ C

EN

VA

T-ab

le o

n un

it pr

ice

Tota

l Pric

e In

clus

ive

of a

ll D

utie

s,

Taxe

s, le

vies

& c

harg

es

(3 x

12)

Dis

coun

t offe

red,

if a

ny

Tota

l dis

coun

ted

pric

e (a

il in

clus

ive)

(1

4 - 1

5)

E.D

. Tar

iff H

ead

Impo

rt co

nten

t

Per

cent

age

(%) o

f Cus

tom

s du

ty

Cus

tom

s Ta

riff H

ead

% Amt % Amt % Amt

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20

1. OLT Chassis & allied Accessory including 19” standard rack/ ETSI rack, 24 U size with 1+1 power module etc. and the installation materials equipped with the line cards in N+1 redundancy mode. Line cards with capacity of:

1,700 OLT Sites

1.1 GPON Ports (without redundant line cards)

13,600

1.2 Redundant Line Cards

1,700

Page 112 of 127

1.3 Additional OLT GPON Line Cards

170

1.4 Control/ switch/ Uplink card each with four (4) 1GE uplink ports

3,230

1.5 Control/ switch/ Uplink card each with two (2) 10 GE uplink ports

170

1.6 DCDB along with Power cable and earthing cables at each OLT site.

1,700

2 Element Management System in 1+1 redundant mode

2 (At Main and DR

Site)

3 LCT for EMS server

246

4.1 Type-A Home/Business ONT (including enclosure)

42,500

4.2 Type-B Home/Business

ONT

7,500

4.3 Ethernet to Optical

Converter (for distance up to

02 km)

42,500

Page 113 of 127

5 Solar Photovoltaic Power Supply including Solar Power Panel, VRLA batteries, Charge Controller (along with the suitable stand) and installation material

42,500

5.1 VRLA Battery 12V, 17AH

85

5.2 Solar Power Panel (60W)

85

5.3 CCU (120W) 85

6 Misc Accessory (Attenuator pads- set with 5 db,4db,3 db, 2db, 1db)

850

7 Splitters 1:4 42,500

8 Splitters 1:8 0

Note :

1. “We hereby declare that in quoting the above prices, we have taken into account the entire credit on inputs available under the MODVAT SCHEME introduced w.e.f. 1st March 1986 and further extended on more items till date, CENVAT Credit Rules 2004 and other VAT Rules”.

2. Annual maintenance Contract charges and other services, if required as per SOR, are to be quoted in Part-II and Part-III of the Price Schedule. 3. “We hereby certify that E.D/ Customs Tariff Head shown in column 17/ 20 are correct & VAT/ CENVAT Credit for the amount shown in column 13 above are

admissible as per CENVAT Credit Rules 2004 and/ or VAT Rules”.4. The bidder shall quote separately for hardware and software.5. The bidder submitted the offer with concessional E.D/sales tax shall submit the proof of applicable concessional ED/ Sales Tax.

****

Page 114 of 127

PART-II: PRICE SCHEDULE FOR SERVICES

Sl.No.

Item

des

crip

tion

Tota

l Qua

ntity

Bas

ic U

nit P

rice

excl

usiv

e of

all

levi

es &

cha

rges

Service Tax Sales Tax/ VAT

Oth

er le

vies

& c

harg

es, i

f any

Uni

t Pric

e (a

ll in

clus

ive)

(4+6

+8+1

0+11

)

Dut

ies

& T

axes

VA

T/ C

EN

VA

T-ab

le o

n un

it pr

ice

Tota

l Pric

e In

clus

ive

of a

ll D

utie

s, T

axes

, lev

ies

&

char

ges

(3

x 1

2)

Dis

coun

t offe

red,

if a

ny

Tota

l dis

coun

ted

pric

e (a

il in

clus

ive)

(1

4 - 1

5)

% Amt % Amt % Amt

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16

1 Installation, testing & Commissioning:

1.1 OLTs (per OLT) 1,700

1.2 ONTs including SPV power supply and other accessories (per ONT)

42,500

1.3 EMS (1+1) and integration with NMS (per EMS)

2 (at Main and DR

Site)

2 Integration charges - For integrating OLTs with ONTs and the core network/ MPLS network for network connectivity and for in-band/ out-band management purpose including redeployment, if required (per OLT, irrespective of no. of occasions)

1,700

Page 115 of 127

3 Facility management for seven years

1

4 Training:

4.1 Expert level Training with training material (per man week)

42

4.2 Overview training for senior officers with training material (per man week)

21

4.3 Operator level with training material (Per man week)

85

Note :

1. “We hereby declare that in quoting the above prices, we have taken into account the entire credit on inputs available under the MODVAT SCHEME introduced w.e.f. 1st March 1986 and further extended on more items till date, CENVAT Credit Rules 2004 and other VAT Rules”.

2. “We hereby certify that VAT/ CENVAT Credit for the amount shown in column 13 above are admissible as per CENVAT Credit Rules 2004 and/ or VAT Rules”.3. The bidder shall quote separately for hardware and software.4. The bidder submitted the offer with concessional E.D/sales tax shall submit the proof of applicable concessional ED/ Sales Tax.

****

Page 116 of 127

PART-III: PRICE SCHEDULE FOR ANNUAL MAINTENANCE CONTRACT (AMC)

Sl.No.

Item

des

crip

tion

Tota

l Qua

ntity

AM

C in

term

s of

Per

cent

age

of E

quip

men

t C

ost (

Min

imum

3%

age

of to

tal o

f Col

umn

16 o

f Par

t-I o

f Pric

e S

ched

ule)

Bas

ic U

nit P

rice

excl

usiv

e of

all

levi

es &

ch

arge

s

Service Tax Sales Tax/ VAT

Oth

er le

vies

& c

harg

es, i

f any

Uni

t Pric

e (a

ll in

clus

ive)

(4+6

+8+1

0+11

)

Dut

ies

& T

axes

VA

T/ C

EN

VA

T-ab

le o

n un

it pr

ice

Tota

l Pric

e In

clus

ive

of a

ll D

utie

s, T

axes

, le

vies

& c

harg

es

(3A

x 1

2)

Dis

coun

t offe

red,

if a

ny

Tota

l dis

coun

ted

pric

e (a

il in

clus

ive)

(1

4 - 1

5)

% Amt % Amt % Amt

1 2 3A 3B 4 5 6 7 8 9 10 11 12 13 14 15 16

1.1 AMC for year one 1

1.2 AMC for year two 1

1.3 AMC for year three 1

1.4 AMC for year four 1

1.5 AMC for year five 1

Note :

1. “We hereby declare that in quoting the above prices, we have taken into account the entire credit on inputs available under the MODVAT SCHEME introduced w.e.f. 1st March 1986 and further extended on more items till date, CENVAT Credit Rules 2004 and other VAT Rules”.

2. “We hereby certify that VAT/ CENVAT Credit for the amount shown in column 13 above are admissible as per CENVAT Credit Rules 2004 and/ or VAT Rules”.3. The bidder shall quote separately for hardware and software.4. The bidder submitted the offer with concessional E.D/sales tax shall submit the proof of applicable concessional ED/ Sales Tax.

Page 117 of 127

PART-IV: PRICE SCHEDULE FOR MAINTENANCE: Routine/First Line Maintenance

Sl.No.

Item

des

crip

tion

Tota

l Qua

ntity

Yea

rly c

harg

es i

nclu

ding

for

dep

loyi

ng o

ne

skill

ed p

erso

n a

t ea

ch O

LT lo

catio

n /

Blo

ck t

o pe

rform

firs

t-lin

e/ro

utin

e m

aint

enan

ce  i

n t

erm

s of

Per

cent

age

of

Equ

ipm

ent

Cos

t (M

inim

um

……

.%ag

e of

tota

l of

Col

umn

12 1

6 of

Par

t-I o

f P

rice

Sch

edul

es o

f ite

m n

o. 1

,1.1

,1.2

, 1.

4,1.

6,

4.1

4.2,

4.3

, 5)

Bas

ic U

nit P

rice

excl

usiv

e of

all

levi

es &

ch

arge

s

Service Tax Sales Tax/ VAT

Oth

er le

vies

& c

harg

es, i

f any

Uni

t Pric

e (a

ll in

clus

ive)

(4+6

+8+1

0+11

)

Dut

ies

& T

axes

VA

T/ C

EN

VA

T-ab

le o

n un

it pr

ice

Tota

l Pric

e In

clus

ive

of a

ll D

utie

s, T

axes

, le

vies

& c

harg

es

(3A

x 1

2)

Dis

coun

t offe

red,

if a

ny

Tota

l dis

coun

ted

pric

e (a

il in

clus

ive)

(1

4 - 1

5)

% Amt % Amt % Amt

1 2 3A 3B 4 5 6 7 8 9 10 11 12 13 14 15 16

1.1 First Line Maintenance for year one

1,000

1.2 First Line Maintenance for year two

1,000

1.3 First Line Maintenance for year three

1,000

1.4 First Line Maintenance for year four

1,000

1.5 First Line Maintenance for year five

1,000

1.7 First Line Maintenance for year five

1,000

1.8 First Line Maintenance for year five

1,000

Note :1. “We hereby declare that in quoting the above prices, we have taken into account the entire credit on inputs available under the MODVAT SCHEME introduced

w.e.f. 1st March 1986 and further extended on more items till date, CENVAT Credit Rules 2004 and other VAT Rules”.2. “We hereby certify that VAT/ CENVAT Credit for the amount shown in column 13 above are admissible as per CENVAT Credit Rules 2004 and/ or VAT Rules”.3. The bidder shall quote separately for hardware and software.4. The bidder submitted the offer with concessional E.D/sales tax shall submit the proof of applicable concessional ED/ Sales Tax.

Page 118 of 127

Appendix-1 to Section 4 Part A

S. No. Defaults of the bidder / vendor. Action to be taken A B C

1(a) Submitting fake / forged i)  Rejection of tender bid of respective Vendor. ii)  Banning of business for 3 years which implies barring further dealing with the vendor for procurement of Goods & Services including participation in future tenders invited by BSNL for 3 years from date of issue of banning order. iii)  Termination/ Short Closure of PO/WO, if issued. This implies non-acceptance of further supplies / work & services except to make the already received material work/ complete work in hand.

a) Bank Instruments with the bid to meet terms & condition of tender in respect of tender fee and/ or EMD;

b)Certificate for claiming exemption in respect of tender fee and/ or EMD;

and detection of default at any stage from receipt of bids till award of APO/ issue of PO/WO.

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

Note 2:- Payment for already received supplies/ completed work shall be made as per terms & conditions of PO/ WO.

1(b) Submitting fake / forged documents towards meeting eligibility criteria such as experience capability, supply proof, registration with Sales Tax, Income Tax departments etc and as supporting documents towards other terms & conditions with the bid to meet terms & condition of tender :

 

(i)  If detection of default is prior to award of APO

i) Rejection of Bid & ii) Forfeiture of EMD.

(ii)  If detection of default after issue of APO but before receipt of PG/ SD (DD,BG etc.)

i) Cancellation of APO , ii) Rejection of Bid & iii) Forfeiture of EMD.

Page 119 of 127

S. No. Defaults of the bidder / vendor. Action to be taken A B C

1(b) contd.

(iii)  If detection of default after receipt of PG/ SD (DD,BG etc.) .

i) Cancellation of APO ii) Rejection of Bid & iii) Forfeiture of PG/ SD. However on realization of PG/ SD amount, EMD, if not already released shall be returned.

(iv)  If detection of default after issue of PO/ WO

i) Termination/ Short Closure of PO/WO and Cancellation of APO ii) Rejection of Bid & iii) Forfeiture of PG/ SD. However on realization of PG/ SD amount, EMD, if not released shall be returned.

Note 3:- However, settle bills for the material received in correct quantity and quality if pending items do not affect working or use of supplied items.Note 4:- No further supplies are to be accepted except that required to make the already supplied items work.

2 If vendor or his representative uses violent/ coercive means viz. Physical / Verbal means to threatens BSNL Executive / employees and/ or obstruct him from functioning in discharge of his duties & responsibilities for the following :

Banning of business for 3 years which implies Barring further dealing with the vendor for procurement of Goods & Services including participation in future tenders invited by BSNL for 3 years from date of issue of banning order.

a)Obstructing functioning of tender opening executives of BSNL in receipt/ opening of tender bids from prospective Bidders, suppliers/ Contractors.b) Obstructing/ Threatening other prospective bidders i.e. suppliers/ Contractors from entering the tender venue and/ or submitting their tender bid freely.

3 Non-receipt of acceptance of APO/ AWO and SD/ PG by L-1 bidder within time period specified in APO/ AWO.

Forfeiture of EMD.

Page 120 of 127

S. No. Defaults of the bidder / vendor. Action to be taken A B C

4.1 Failure to supply and/ or Commission the equipment and /or execution of the work at all even in extended delivery schedules, if granted against PO/ WO.

i)  Termination of PO/ WO. ii)  Under take purchase/ work at the risk & cost of defaulting vendor. iii)  Recover the excess charges if incurred from the PG/ SD and outstanding bills of the defaulting Vendor.  

4.2 Failure to supply and/ or Commission the equipment and /or execution of the Work in full even in extended delivery schedules, if granted against PO/ WO.

i)   Short Closure of PO/ WO to the quantity already received by and/ or commissioned in BSNL and/ or in pipeline provided the same is usable and/or the Vendor promises to make it usable. ii)   Under take purchase/ work for balance quantity at the risk & cost of defaulting vendor. iii)  Recover the excess charges if incurred from the PG/ SD and outstanding bills of the defaulting Vendor.  

5.1 The supplied equipment does not perform satisfactory in the field in accordance with the specifications mentioned in the PO/ WO/Contract.

i)  If the material is not at all acceptable, then return the non-acceptable material (or its part) & recover its cost, if paid, from the o/s bills/ PG/ SD. OR ii) If the material is inducted in network & it is not possible to return it and/ or material is acceptable with degraded performance, the purchaser may determine the price for degraded equipment (Financial penalty = Price – price determined for degraded equipment) himself and/ or through a committee. Undertake recovery of financial penalty from outstanding dues of vendor including PG/ SD.

Page 121 of 127

S. No. Defaults of the bidder / vendor. Action to be taken A B C

5.2 Major quality problems (as established by a joint team / committee of User unit(s) and QA Circle) / performance problems and non-rectification of defects (based on reports of field units and QA circle).

i)  If the material is not at all acceptable, then return the non-acceptable material (or its part) & recover its cost, if paid, from the o/s bills/ PG/ SD; OR ii)  If the material is inducted in network & it is not possible to return it and/ or material is acceptable with degraded performance, the purchaser may determine the price for degraded equipment (Financial penalty = Price – price determined for degraded equipment) himself and/ or through a committee. Undertake recovery of financial penalty from outstanding dues of vendor including PG/ SD; and iii) Withdrawal of TSEC/ IA issued by QA Circle.

6 Submission of claims to BSNL against a contract

i)  Recovery of over payment from the outstanding dues of Vendor including EMD/ PG & SD etc. and by invoking ‘Set off’ clause 21 of Section 5 Part A or by any other legal tenable manner. ii)  Banning of Business for 3 years from date of issue of banning order or till the date of recovery of over payment in full, whichever is later.

(a) for amount already paid by BSNL .(b) for Quantity in excess of that supplied by Vendor to BSNL.c) for unit rate and/ or amount higher than that approved by BSNL for that purchase.Note 5:- The claims may be submitted with or without collusion of

BSNL Executive/ employees.Note 6:- This penalty will be imposed irrespective of the fact that

payment is disbursed by BSNL or not.7 Network Security/ Safety/

Privacy:- If the vendor tampers with the hardware, software/ firmware or in any other way that

i) Termination of PO/ WO. ii) Banning of business for 3 years which implies barring further dealing with the vendor for procurement of Goods & Services including participation in future tenders invited by BSNL for 3 years from date of issue of banning order. iii) Recovery of any loss incurred on this account from the Vendor from its PG/ SD/ O/s bills etc.

a) Adversely affects the normal working of BSNL equipment(s) and/ or any other TSP through BSNL.

Page 122 of 127

S. No. Defaults of the bidder / vendor. Action to be taken A B C

7 contd.

b) Disrupts/ Sabotages functioning of the BSNL network equipments such as exchanges, BTS, BSC/ MSC, Control equipment including IN etc., transmission equipments but not limited to these elements and/ or any other TSP through BSNL.

(Continued from last page)iv) Legal action will be initiated by BSNL against the Vendor if required.

c)  tampers with the billing related data/ invoicing/ account of the Customer/ User(s) of BSNL and/ or any other TSP(s).

d) hacks the account of BSNL Customer for unauthorized use i.e. to threaten others/ spread improper news etc.

e)  undertakes any action that affects/ endangers the security of India.

8 If the vendor is declared bankrupt or insolvent or its financial position has become unsound and in case of a limited company, if it is wound up or it is liquidated.

i) Termination/ Short Closure of the PO/ WO. ii)  Settle bills for the quantity received in correct quantity and quality if pending items do not affect working or use of supplied items. iii)  No further supplies are to be accepted except that required to make the already supplied items work. iv) In case of turnkey projects, If the material is commissioned and is usable without any degradation of performance, then settle bills for the acceptable equipment/ material (or its part). v)   In case of turnkey projects, if the material is inducted in network & it is not possible to return it and/ or material is acceptable with degraded performance, the purchaser may determine the price for degraded equipment (Financial penalty = Price – price determined for degraded equipment) himself and/ or through a committee. (continues to next page )

Page 123 of 127

S. No. Defaults of the bidder / vendor. Action to be taken A B C

8 contd.

Undertake recovery of financial penalty from outstanding dues of vendor including PG/ SD.

9 In the event of the vendor, its proprietor, Director(s), partner(s) is / are convicted by a Court of Law following prosecution for offences involving moral turpitude in relation to the business dealings.

i)  Termination/ Short Closure of the PO/ WO. ii) Settle bills for the material received in correct quantity and quality if pending items do not affect working or use of supplied items. iii)  No further supplies are to be accepted except that required to make the already supplied items work. iv) In case of turnkey projects, If the material is commissioned and is usable without any degradation of performance, then settle bills for the acceptable equipment/ material (or its part). v)   In case of turnkey projects, If the material is inducted in network & it is not possible to return it and/ or material is acceptable with degraded performance, the purchaser may determine the price for degraded equipment (Financial penalty = Price – price determined for degraded equipment) himself and/ or through a committee. Undertake recovery of financial penalty from outstanding dues of vendor including PG/ SD.

10 

If the vendor does not return/ refuses to return BSNL’s dues:

i) Take action to appoint Arbitrator to adjudicate the dispute.

a) inspite of order of Arbitrator. i) Termination of contract, if any. ii) Banning of business for 3 years which implies barring further dealing with the vendor for procurement of Goods & Services including participation in future tenders invited by BSNL from date of issue of banning order or till the date by which vendor clears the BSNL’s dues, whichever is later. (continues to next page )

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S. No. Defaults of the bidder / vendor. Action to be taken A B C

10 contd.

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

b) inspite of Court Orders. i)  Termination of contract, if any. ii)  Banning of business for 3 years which implies barring further dealing with the vendor for procurement of Goods & Services including participation in future tenders invited by BSNL from date of issue of banning order or till the date by which vendor clears the BSNL’s dues, whichever is later.

11 Ifthe Central Bureau of Investigation/ Independent External Monitor (IEM) / Income Tax/ Sales Tax/ Excise / Custom Departments recommends such a course

Take Action as per the directions of CBI or concerned department.

12 The following cases may also be considered for Banning of business:

i) Banning of business for 3 years which implies Barring further dealing with the vendor for procurement of Goods & Services including participation in future tenders invited by BSNL for 3 years from date of issue of banning order.

(a) If there is strong justification for believing that the proprietor, manager, MD, Director, partner, employee or representative of the vendor/ supplier has been guilty of malpractices such as bribery, corruption, fraud, substitution of tenders, interpolation, misrepresentation with respect to the contract in question.(b) If the vendor/ supplier fails to execute a contract or fails to execute it satisfactorily beyond the provisions of Para 4.1 & 4.2.(c) If the vendor/ supplier fails to submit required documents/ information, where required.(d) Any other ground which in the opinion of BSNL is just and proper to order for banning of business dealing with a vendor/ supplier.

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

Note 8:-In case of clash between these guidelines & provision of invited tender, the provision in the respective tender shall prevail over these guidelines.

Note 9: Banning of Business dealing order shall not have any effect on the existing/ ongoing works/ AMC / CAMC which will continue along with settlement of Bills.

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