Professional Documents
Culture Documents
REVISED
MANUAL OF PROCUREMENT
OF
TELECOM EQUIPMENT
AND
STORES
Issued by MM Section
Bharat Sanchar Nigam Limited
Bharat Sanchar Bhawan, Janpath
New Delhi - 110001
Visit us at: www.bsnl.co.in
Page 1
INDEX
1.
PREAMBLE ............................................................................................. 5-8
1.1. Introduction ................................................................................................. 5
1.2.
1.3.
1.4.
1.5.
1.6.
1.7.
E-Procurement ............................................................................................ 8
2.3.
2.4.
2.5.
2.6.
2.7.
2.8.
2.9.
3.3.
3.4.
3.5.
3.6.
3.7.
3.8.
3.9.
Page 2
Page 3
158-167
Page 4
CHAPTER 1
1. PREAMBLE
1.1. Introduction
1.1.1. BSNL's aim is to procure the material of the specified quality, at the most
competitive rates, in a fair, just and transparent manner. Procurement is an
important activity in BSNL as about 50% of its budget is used for
procurement of materials. Consequent upon corporatization of Department
of Telecom Services & Department of Telecom Operations into a Corporate
Entity i.e. BSNL, a need has been felt to modify the existing procurement
procedure being followed by BSNL Corporate Office as well as by Telecom
Circles so as to cut down the procurement time in the present liberalized
telecom market. This is all the more necessary as BSNL is facing increasing
competition in all types of services and has to respond quickly for
procurement of materials as well as its utilization so as not only to keep its
market share in the emerging telecom scenario but also to expand and
acquire new market segments.
1.1.2. The procurement of materials in BSNL is usually done by inviting tenders
and also through M/s ITI Ltd. against their reservation quota (as per
guidelines issued by Department of Telecommunications from time-to-time).
The procurement is done at two levels viz.,
BSNL Corporate Office
Telecom Circle H/Q
1.1.3. The procurement of materials in BSNL Corporate Office is done for high
value critical equipments such as large size switching equipment,
transmission equipment, PIJF U/G Cables, WLL equipment & terminals and
new technology equipments etc. A list of items being procured at the BSNL
Corporate Office is enclosed at Annex-1.1.
1.1.4. Items not covered in the list given at Annex-1.1 stand decentralized for
procurement by Telecom Circles. In addition, CGM Telecom Stores,
Calcutta has been entrusted with the procurement of following items for
some designated Circles:
Batteries & power plants.
Line & Wire materials.
1.1.5. This manual contains the detailed procedures, guidelines to be followed by
BSNL Corporate Office as well as by Telecom Circles to ensure smoother
and faster decision making. While the Manual aims at providing broad
procedures for procurement of goods/ services, the decision regarding the
competent authority should be taken on the basis of Schedule of Delegation
of Administrative and Financial Powers issued by Corporate Office. For
purchase without quotations and purchase of goods by a purchase
committee, the delegation of powers should be referred.
Page 5
Negotiations Route
In a situation where the requirement is of an immediate nature and it is
necessary to ensure continued supplies or addition of new features from the
existing vendors, the BSNL management committee may decide to place
repeat orders upto 100% of the quantities contained in the running contract
and at a rate negotiated with the existing vendors considering the prevailing
market conditions. Depending upon the total value of additional procurement,
the negotiation committee can be constituted with the approval of competent
authority of BSNL. This route will however be resorted to in exceptional
circumstances.
Page 6
necessary to screen out such bidders so that BSNL could interact only with
bidders who have intrinsic capability as well as proven track record of
supplying such sophisticated equipment. Where such equipments are
required, it would be worthwhile restricting Bids by issue of limited tenders
only to those parties who have proven expertise in manufacture and supply
of such equipment and who have prototype approval and production
clearance. In such tenders it is essential that the reasons for limiting the
tenders to proven suppliers needs to be brought out in the NIT itself so that
such an action would stand justified. The issue of such limited tender should
have the concurrence of Financial Advisor and personal approval by the
head of the unit.
1.4.
1.5.
Page 7
1.6.
1.7.
E-Procurement
Procurement through e-procurement and e-tendering should be encouraged.
E-Tendering is the carrying out of the tendering process through the Internet,
using e-tendering software applications. This promotes competition for the
tender, and provides a process that is efficient for both the buyer and
suppliers and a selection process that is transparent to bidders. The process
results in a host of tangible and intangible benefits to both parties. The ERP
project is being implemented and this would provide a platform for
e-procurement in BSNL. The modalities and procedures for e-procurement
are being framed and shall be issued separately. Meanwhile a set of
instructions in this regard has been brought out in Chapter 4 of the Manual. It
has been decided to process the Procurement cases of amount of Rs 1
Crore and above through e-tendering method.
***
Page 8
CHAPTER 2
2. GUIDELINES FOR USER SECTIONS
2.1. Role of the User Section
2.1.1. The User Section (i.e. the Unit that has raised the requisition e.g. Planning/
Operations/ Marketing/ Administration/ any other unit) is primarily
responsible for deciding and getting approval of the competent authority for
the quantities to be procured, the estimated cost of procurement, the
eligibility conditions, specifications, technical requirements, Schedule of
Requirements and the conditions specific to the procurement. Further, after
bid opening, the evaluation is carried out by a Committee whose Chairman/
Convener is usually from the concerned User group. As such, the User
Section has a very important role right from inception of the procurement
requirement till the finalization of the tender.
2.1.2. Delay in finalization of tenders often leads to delay in project rollout and
revenue loss. Often, the delay could be avoided if the tender conditions and
requirements are framed meticulously. Some of the common reasons for
delays are mentioned below:
The eligibility conditions being restrictive, the unsuccessful bidder
complains/ goes into litigation.
The technical requirements are too idealistic and many bidders are
unable to meet some or the other requirement. This leads to loading/
rejection/ relaxation and hence associated delays.
Contradictory clauses in the bid document.
The technical requirement getting amended during pre-bid clarification
leading to ambiguity. As a result, the loading, etc. is challenged by
bidders.
2.1.3. In this chapter, broad guidelines are provided which should be kept in view
before floating a tender enquiry. The correct decision will continue to depend
on experience and good judgment of the concerned sections.
2.2. Need/ Quantity
2.2.1. The starting point of the procurement process for any item is estimation or
forecast of its requirements to be reflected in the tender documents. The
price of the item has a bearing on the quantity being tendered for example,
higher the quantity, more the chances of price being lower for the same item.
2.2.2. Provisioning is the basis for any purchase. Excessive provisioning without
taking into consideration the important aspects like available stock,
outstanding dues/supplies, past consumption pattern and the average life of
the equipment/ item etc. results in infructuous expenditure both in term of
procurement cost and the inventory carrying cost. The projection and
provisioning must be judicious and justified depending on various factors
BSNL Revised Procurement Manual 2012
Page 9
including usage pattern. One time purchase for project or capital equipment/
spares should be properly justified taking into account the obsolescence
factor, etc.
2.3. Forecasting Methods
2.3.1. For all items being procured, the forecast of the equipment is obtained from
the concerned user branches that plan for the induction of such equipment
into the network. The requirement of the equipment, usually for one year,
against each project or by each Circle is worked out after discussion with the
concerned Head of the circle/ SSA and finalized by the User Branch. Some
of the parameters based on which the forecast should be made are as
follows.
a) Target of gross DELs, WLL, Cellular Mobile, Broadband, Lease Lines,
etc to be provided.
b) Target of Village Public Telephones to be provided.
c) Requirement of Transmission media, Power Plants, Batteries and
Terminal Equipment.
d) Requirement under "New Programmes/ Services".
e) Requirement of service(s) in view of competition from other telecom
service providers.
f)
Special upgradation requirements, including those due to technological,
licensing or regulatory requirements.
g) Maintenance Requirements.
h) Spares.
2.3.2. The lead time for procurement has an important bearing in these
requirements e.g. items having longer lead time need to be procured for
requirement over a longer time frame whereas items having very short lead
time can be procured for commensurately shorter period of requirements.
2.3.3. While forecasting the requirements, it is necessary to keep in mind the
necessity of ensuring that the projects covered in the requirements are
planned projects which have been approved by the competent authorities,
for which funds are provided and are backed-up by estimates sanctioned by
the competent authorities.
2.3.4. In the cases where the supplier of the equipment or the production of
equipment depends on imported components, it is necessary to have an
accurate forecast so that the cost of equipment is shielded from rapid
changes in the exchange rate over a longer period of time.
2.3.5. Planning/ forecast for the next financial year should normally start in
September of the preceding year to ensure availability of equipment well in
time for the next financial year.
Page 10
Page 11
too restrictive or too lenient. Efforts should also be made to use standard
specifications which are widely known to the industry.
2.6.2. The specifications in terms of quality, type etc., as also quantity of goods to
be procured, should be clearly spelt out keeping in view the specific needs of
the user sections. The specifications so worked out should meet the basic
needs of the organization without including superfluous and non-essential
features, which may result in unwarranted expenditure. Care should also be
taken to avoid purchasing quantities in excess of requirement to avoid
unnecessary inventory carrying costs.
2.6.3. Specifications should call for new unused goods.
2.6.4. Specifications shall aim at the latest proven technology and procurement of
obsolete goods/ technology shall not be made.
2.6.5. Specifications should have emphasis on factors like efficiency, optimum fuel/
power consumption, use of environmental friendly materials, reduced noise
& emission levels, low maintenance cost etc.
2.6.6. The specifications should also take care of the countrys mandatory and
statutory regulations, if any, applicable for the goods to be purchased.
2.6.7. Except in case of proprietary purchase from a selected single source, the
specification must not contain any brand name, make or catalogue no. of a
particular manufacturer and if the same is unavoidable due to some
compelling reasons, it should be followed by the words or equivalent.
2.6.8. The specifications and the technical details should be expressed with proper
clarity without any ambiguity or double meaning. Wherever necessary, the
written specification should be supplemented with drawings for additional
clarity etc.
2.6.9. Deciding tender only on the basis of tender sample is too subjective.
Therefore, unless specifically decided due to some reasons duly recorded
with the approval of competent authority, tender sample clause shall not be
incorporated in the specification. If necessary, suitable stipulations for
submission of advance sample (before starting bulk production) by the
successful bidder may be incorporated in the specification.
2.6.10. In some cases, the technical parameters may be marginally different from
the TEC GRs. In such cases, the general principle shall be to adopt the TEC
GRs and the BSNL specifications could cover only such additional details
and/ or deletions as are specially required to be complied for a particular end
use. In cases where TEC GRs do not exist or, alternatively, decision has
been taken to try the foreign market also, International Standards (like ISO,
ITU, IEEE, EIA etc.) may also be adopted. Where no widely known
standards exist, the specification shall be drawn in a generalized and
broad-based manner to obtain competitive bids from different sources. As far
as possible the specifications shall be drafted keeping the BSNLs
requirements in mind. The concerned user section shall decide, with the
approval of competent authority, the extent of references to full or part of the
BSNL Revised Procurement Manual 2012
Page 12
2.8.
2.9.
2.9.1.
2.9.2.
2.9.3.
2.9.4.
Page 13
7
8
9a
9b
9 b (i)
9 b (ii)
10
11
12
13
14
15
16
(signature)
AGM ( )/ DGM ( )
User Section
2.10.2. Incomplete requisitions not containing above data will be returned forthwith.
2.10.3. This checklist duly filled in and approved by the concerned
PGM/GM/concerned head of User Unit should be signed by an officer not
lower than AGM and submitted along with the Requisition by concerned
User Section.
Page 14
CHAPTER 3
3. BID DOCUMENTS
3.1. Preparation of Tender Enquiry Document
3.1.1. A set of Standard Tender Enquiry Document has been prepared in line with
the purchase policy of BSNL. The broad procedures for tendering process
and contract management are available in Section-4 Part A and Section-5
Part A of this Standard Tender Enquiry Document. The officials handling
purchases must, at the outset, get themselves acquainted with the rules,
regulations, procedures etc. contained in these chapters. This standard
document should be utilized for preparing tender enquiry document while
incorporating specific requirements on case-to-case basis.
3.1.2. While formulating the tender enquiry document, care should be taken to
avoid contradictions among the stipulations incorporated in the document.
Duplications should also be avoided, except where duplication is
unavoidable and necessary.
3.1.3. The tender enquiry document should not contain any footnote or vague
stipulation, which may create confusion in the mind of the bidder.
3.2. Standard Tender Enquiry Document
3.2.1. The text of the Standard Tender Enquiry Document has been grouped under
different broad sections in order to streamline the purchase system and also
to make the system transparent, comprehensive, efficient and user-friendly.
The broad sections of the document are :
Section No.
Item
1.Part A
Detailed NIT
1. Part B
Newspaper NIT
2.
Tender Information
3 Part A
Scope of work
3 Part B
3 Part C
Schedule of Requirements(SOR)
4 Part A
4 Part B
4 Part C
5 Part A
5 Part B
5 Part C
Page 15
6.
7.
Proforma (s)
8.
9.
3.2.2. A reading of the sections of the tender enquiry document, in the above order
will make it amply clear about the purpose and instructions behind the same.
However, some broad guidelines for using this document (viz. Standard
Tender Enquiry Document) are provided in the subsequent paragraphs.
3.3.
Page 16
3.3.3. The Detailed Notice Inviting Tender (DNIT) shall be put in the format at Para
3.3.1 above on the Website of BSNL i.e. www.bsnl.co.in or website of
respective Circle and provide a link with NIC website& e-tendering portal.
3.3.4. BSNL shall publish a brief advertisement of equipment/ items to be procured
and their quantity for information of prospective bidders in National
newspapers in the format as per Section 1 Part B.
3.3.5. The procedure for publication of NNIT in concise format in one National Daily
with wide publication and Indian Trade Journal, Kolkata along with its display
in detail on BSNL website having a link with NIC will be mandatory for a
tender for and above threshold value of Rs. 25 lakhs in case of procurement
of goods/ materials/ equipments and Rs. 10 lakhs in case of tender for hiring
of services. For tenders below Rs. 25 lakhs in case of procurement and
below Rs. 10 lakhs in case of hiring of services, display of NIT on BSNL
website with form downloadable facility and sending it to minimum six
eligible bidders will be mandatory.
3.3.6. After issue of NIT, eligibility conditions should not be changed.
3.4
Page 17
Note:
3.6
earnest money. The period of delivery and terms of delivery are also to be
incorporated and if these two aspects differ from schedule to schedule, the
same should be properly clarified in the Schedule of Requirements.
Section-3 Part A, B & C have to be prepared by the concerned user
section.
Section-4 Part A General Instructions to Bidders (GIB)
This section provides all the necessary information as well as guidance to
the prospective bidders for preparation and submission of their bids. In
addition, this section informs the bidders about the tender opening
procedure and also how the bids will be scrutinized, evaluated and ranked to
decide the lowest evaluated responsive bid for placement of the contract.
This section is to be included unchanged in every tender enquiry document.
However, for every purchase case, there will be distinct purchase specific
information and data, which are to be made known to the prospective
bidders. Such needs are to be taken care of in Section 4 Part BSpecial
Instructions to Bidders as elaborated in the subsequent paragraphs.
3.7
Section-4 Part B - Special Instructions to Bidders(SIB)
3.7.1 The issues and the areas for which specific data/ details are to be provided
for a purchase case can be located easily by going through the clauses of
the General Instructions to Bidders (GIB) under Section-4 Part A. Further, for
certain aspects of a particular purchase case, necessity may arise to
incorporate additional special instructions. These include clauses for
eligibility conditions, value of bid security, single-stage or two-stage bidding,
opening stages, additional documents to be submitted, evaluation criteria,
etc. However, while doing so, care should be taken not to violate any
instruction/ directive contained in the procurement policies of BSNL.
3.7.2 The User Section (i.e. the Unit that has raised the requisition e.g. Planning/
Operations/ Marketing/ Administration/ any other unit) shall formulate the
Section 4-B (SIB) accordingly. Also, the approval of the competent authority
must be taken for the text of the Special Instructions to Bidders and Eligibility
Conditions.
3.7.3 The guidelines for preparing section-4-B (SIB) along with corresponding
cross-reference with Section-4 A (GIB) provision is available in this section. It
is also indicated therein that the provisions in the Special Instructions to
Bidders and Eligibility Conditions (SIB) shall supersede the corresponding
provisions in the General Instructions to Bidders (GIB) in case of conflict.
3.7.4 Section-4-B (SIB) shall essentially have suitable clauses on the following:
3.7.4.1 Eligible Bidders (refer GIB clause 2):
The eligibility conditions shall be mentioned in the Section-4-B clause 1.
Broad guidelines for preparing eligibility conditions are mentioned in
Chapter 2.
BSNL Revised Procurement Manual 2012
Page 18
3.7.4.2
3.7.4.3
3.7.5
3.7.5.1
3.7.5.2
3.7.5.3
3.7.5.4
3.7.5.5
3.7.5.6
Page 19
3.7.5.7
3.8
3.9
3.9.1
3.9.2
3.9.3
Page 20
3.9.4 Section-5-B may have clauses on the following items/ topics which may
complement/ supersede the corresponding clauses of Section-5 Part A
(GCC).The list is not exhaustive and actual clauses have to be framed on
case-to-case basis.
3.9.4.1 Delivery and Documents (refer GCC clause 6):
The delivery period will be decided on case-to-case basis considering
TSEC, PQT, validation requirement as well as requirements of BSNL
in the competitive environment. Generally six months delivery time is
envisaged. The delivery period for procurement should be four
months for store items where TSEC & PQT are available, six months
where TSEC is available but PQT is required. The TSEC and PQT
should be completed in maximum period of two months. The delivery
period should be eight months in case validation of new technology
equipments is involved.
Early deliveries may be accepted as per requirement of BSNL on
case-to-case basis.
In turnkey projects where Installation and Commissioning is to be
carried out by the supplier, the time-lines for such activities should
also be defined.
3.9.4.2 Incidental Services (refer GCC clause 8):
Requirement of such services will depend on the nature of the goods,
cost thereof etc. Some of the services will be needed along with the
goods and some may be needed separately (like maintenance service).
All such aspects are to be kept in view while formulating the requirement
of the incidental services.
3.9.4.3 Warranty(refer GCC clause 10):
For turnkey projects or high value procurements, the Warranty terms
may have to be elaborated keeping in view the actual project
requirements e.g. for CDMA and GSM projects, the date of
commencement of the Warranty should be clearly specified in the
SCC.
Suitable Clause may be incorporated in the Special (Commercial)
Conditions of Contract, fixing reasonable timeframe to start warranty
of the equipment after it has been put to commercial use. This will be
treated as date of commissioning for the purpose of release of
payment and calculation of liquidated damages.
3.9.4.4 AMC conditions:
Section-4 Part A (GCC) does not mention about the Annual
Maintenance Contract (AMC) conditions. If there is need for AMC
after successful completion of the Warranty period, then, suitable
conditions for the same should be specified in Section-5 -C (General
conditions of AMC).
Page 21
3.9.4.5
3.9.4.6
3.9.4.7
Page 22
b)
Make/ model of the third party equipment, which is not the main
tendered item. Shall be allowed provided that the vendor is able to
establish the suitability of the replacing equipment in regard to the
required specifications.
Page 23
CHAPTER 4
4
STANDARD TENDER ENQUIRY DOCUMENT
SECTION-1
BHARAT SANCHAR NIGAM LIMITED
(A Government of India Enterprise)
nd
2 Floor, Bharat Sanchar Bhawan, HC Mathur Lane, Janpath, New Delhi- 110001
...
From:
To,
AGM (MMY)
.................................................
2nd Floor, MMT Section,
.................................................
Bharat Sanchar Bhawan, HCM Lane,
.................................................
Janpath, New Delhi 110001.
.................................................
No. CA/MMT/Item/11-yy/BU name/2011-12/
Dated:
Item
1.Part A
Detailed NIT
1. Part B
Newspaper NIT
2.
Tender Information
3 Part A
Scope of work
3 Part B
3 Part C
Schedule of Requirements(SOR)
4 Part A
4 Part B
4 Part C
5 Part A
5 Part B
5 Part C
Proforma (s)
Page No.
Page 24
If interested, kindly submit your bid offers online (in case of tenders invited through
e-tendering portal) or physically (in case of tenders invited through manual
tendering) on or before date & time specified in Clause 6 of detailed NIT.
AGM (MMY)
Tel.: 011-2371 7844, FAX: 2371 0198
E-Mail: -----------@bsnl.co.in
-------------------------------------------------------------------------------------------------------------------------------------Regd. Off.: BSNL, Bharat Sanchar Bhawan, Janpath New Delhi -110 001. Web: www.bsnl.co.in
Page 25
SECTION 1 Part A
Detailed NOTICE INVITING E-TENDER (DNIT)
BHARAT SANCHAR NIGAM LIMITED
(A Government of India Enterprise)
MMT Section, 2nd floor, Bharat Sanchar Bhawan,
Janpath, New Delhi - 110 001
..
Sealed Tenders (Digitally in case of e-tendering & Wax/ Tape sealed in case of
manual tendering) are invited by ...
(Write Designation of Officer approving inviting of tender) e.g. CMD, BSNL for
supply of following Items or undertaking following works (as applicable).
S. No.
Estimated
Quantity (Nos.)
Bid Security/Earnest
Money
Deposit Amount
for the tender
Note 1: The quantity /no. / Sites stated above are estimated and BSNL reserves the
right to vary the quantity to the extent of -25 % to +25 % of specified quantity
at the time of award of the contract i.e. APO without any change in unit price
or other terms & conditions.
Note 2: 20 % of the Estimated Quantity/requirement in this tender Enquiry is
earmarked for procurement from the eligible Micro & Small Enterprises
(MSEs). However, in case eligible Micro & Small Enterprises (MSEs)
bidder(s) are not available then this quantity would be de-reserved &
procured from participating bidders.
(Note-2 shall be deleted in case the tender does not have provision for reservations
for MSE units)
1.1
There is a separate bid form for each section/ Zone/ Package in the tender
documents, which should be filled if the bidder wishes to participate in that
section/ zone/ Package (if applicable). The evaluation of the tender as well
as allotment of the work will be done section/ zone/ Package wise.
2.
Page 26
The bidders downloading the tender document are required to submit the
tender fee amount through DD/ Bankers cheque along with their tender bid
failing which the tender bid shall be left archived unopened/ rejected.
The DD/ bankers cheque shall be drawn from any Nationalized/ Scheduled
Bank in favour of .. (state designation of concerned
Accounts Officer) e.g. AO(Cash), BSNL, C.O. N. Delhi and payable
at ... (state the name of the concerned payable City/
Station) e.g. New Delhi.
2.2
3.0 Availability of Tender Document: The tender document shall be available for
downloading from ./ ../ 20. (write date in dd/mm/yyyy) onwards up
to ./ ../ 20. (write date in dd/mm/yyyy) from 11-00 Hrs to 17-00 Hrs on
all working days of this office.
3.1 In case of tenders invited through e-tendering process, physical copy of the
tender document would not be available for sale.
3.2
Tenders invited through manual bidding process shall be available for sale
and can be had from ... (state designation of the
officer with complete postal address) e.g. Deputy Manger (MMT), 2nd Floor,
Bharat Sanchar Bhawan, Janpath, New Delhi-110001 against payment of
Tender fee of Rs../- which will be payable in the form and in the name of
person stated in clause 2.1 above.
Note 3: The Tender document shall not be available for download on its submission
/ closing date.
4.
4.1 The bidders shall submit necessary documentary proof showing that they
meet the eligibility criteria along with their tender bid. All documents submitted
will also be self attested by the bidder.
5.
Bid Security/EMD:
Page 27
5.1 The bidder shall furnish the bid EMD in one of the following ways:(a)
b)
5.2 The MSE units shall be exempted from submission of Bid Security deposit on
production of requisite proof in respect of valid certification from MSME for the
tendered item.
Date & Time of Submission of Tender bids: on or before .
&
. (state time & date of receipt of tender) e.g. hh: mm of
dd/mm/20 yy.
Note 4: In case the date of submission (opening) of bid is declared to be a holiday,
the date of submission (opening) of bid will get shifted automatically to
next working day at the same scheduled time. Any change in bid opening
date due to any other unavoidable reason will be intimated to all the
bidders separately.
6.
7.
Opening of Tender Bids: After 00:30 Hours of this tender closing time & on
same date.
8.
8.1
8.2
Page 28
Tender bids received after due time & date will not be accepted.
10.
11.
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
Note 5: All documents submitted in the bid offer should be preferably in English. In
case the certificate viz. experience, registration etc. is issued in any other
language other than English, the bidder shall attach an English translation of
the same duly attested by the bidder & the translator to be true copy in
addition to the relevant certificate.
Note 6: All computer generated documents should be duly signed/ attested by the
bidder/ vendor organization.
Page 29
SECTION 1 (Part B)
DGM (MM)
Tel. No. ,FAX No.
Page 30
3.
4.
5.
Telephone and Fax no. with STD code must be there in the NNIT.
6.
No advertisement of Excel & Cell one service need be included in the NNIT
which unnecessarily inflates the publishing cost.
7.
S. No.
Value of tender
No. of insertion
1.
1 Regional/ Hindi
2.
Page 31
SECTION- 2
Tender Information
Note 1:-The Tender Information below is for reference only. Precise Tender
Information need be framed for each tender as per type of tender.
1.
Type of tender- :
a)
No. of Bid Submission Stages for tender: Single /Two Stage.
(Please See Note-2).
b)
No. of Envelopes for submission of Bids: Single/ Two Nos.
(Opening stages) (Please See Note-3).
c)
E-reverse auction (In case of tenders
: Yes/ No
invited through e-tendering only)
Note 2: Two stage submission of bids is desirable only in cases where there is
doubt on the scope of Work/ Specifications and requirements. In such tender,
first stage will be used to invite bids to have details/ clarifications on scope of
Work/ Specifications and requirements to firm up the same following which
techno-commercial bid along with financial bid shall be invited in 2nd stage.
Note 3:- In case of 1(b) above, the bidder shall submit Techno-commercial &
Financial bid simultaneously
Note 4:- The bids will be evaluated techno-commercially first and thereafter
financial bids of techno-commercially compliant bidders only shall be
opened.
2.
3.
In case of tenders invited under two envelopes system, the first envelope will
be named as techno-commercial& will contain documents of bidders
satisfying the eligibility / Technical & commercial conditions and 2nd envelope
will be named as financial envelope containing financial quote. These
envelopes shall contain one set of the following documents :a)
Page 32
vi)
vii)
viii)
ix)
x)
xi)
xii)
xiii)
Note 5: Deleted
b) Financial envelope shall contain:
i) Electronic Form- financial along with Price Schedule (Section 9
PartB (I & II) with all relevant bid annexure (in case of tenders
invited through e-tendering process).
ii) Bid form- Price Schedule (Section 9 Part B (I &II ) duly filled &
signed (in case of tenders invited through manual bidding
process).
Note 6:- In case of e-tendering, the following documents are required to be
submitted
offline
(i.e.
offline
submissions)
to (state the address of the
concerned officer) e.g. 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/ Bankers cheque of Tender fee
iii)
Power of Attorney in accordance with clause 14.4 of section 4 Part A
and authorization for executing the power of Attorney.
iv)
Integrity Pact (if applicable)
4.
5.
6.
In case of tenders invited under Single Envelope system, the envelope will
contain both techno-commercial & financial bid i.e. documents 3 (a) (i) to (xi)
& 3 (b) (i) to (ii).
Payment terms
Delivery Schedule
Note 7:- First two months are for lead period and evenly distributed supplies are
expected in remaining four months.
7. Consignee
Page 33
SECTION- 3 Part A
SCOPE OF WORK
A.
General :
B.
Scope of Work:
Page 34
SECTION- 3 Part B
General :
B.
Page 35
SECTION-3 Part C
SCHEDULE OF REQUIREMENTS (SOR)
S.NO.
GOODS/ SERVICES
QUANTITY
Unit
of
Measurement
(Km/kg/No.etc.)
Note: Bidder shall furnish the detailed Bill of Material (BOM) for each SOR item
mentioned above. The detailed Bill of Material should clearly mention all the
components including quantities, constituting the SOR item. The priced Bill
of Material should be submitted in the envelope containing the price bid and
unpriced 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 the unpriced BOMs.
Page 36
SECTION-4 Part A
GENERAL INSTRUCTIONS TO BIDDERS (GIB)
1.0
DEFINITIONS
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
2.0
2.1
ELIGIBILITY CONDITIONS:
Kindly refer to clause 4 of Section 1 i.e. Detailed NIT.
Page 37
3.0
COST OF BIDDING
3.1
The bidder shall bear all costs associated with the preparation and
submission of the bid. The Purchaser will, in no case, be responsible or liable
for these costs, regardless of the conduct or outcome of the bidding process.
4.0
DOCUMENTS REQUIRED
4.1
4.2
5.0
5.1.
5.2
6.0
6.1
6.2
6.3
Page 38
7.0
8.0
BID FORM
8.1
The bidder shall complete the bid form and appropriate Price Schedule
furnished in the Bid Documents, indicating the goods to be supplied, brief
description of the goods, quantity and prices as per section- 9.
9.0
BID PRICES
9.1
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 at actual, wherever
applicable. The basic unit price and all other components of the price need to
be individually indicated up to two decimal points only against the goods it
proposes to supply under the contract as per the price schedule given in
Section 9 Part B(I&II). 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.
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,
Custom 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.
A bid submitted with an adjustable price quotation will be treated as
non-responsive and rejected.
The prices quoted by the bidder shall be in sufficient detail to enable the
Purchaser to arrive at the price of equipment/ system offered.
"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".
9.2
9.3
9.4
9.5
Page 39
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
10.0
Page 40
Page 41
11.0
11.1
11.2
11.3
12.0
12.1
12.2
Page 42
12.3
12.4.
12.5
12.6
12.7
Note: - The bidder shall mean individual company/ firm or the front bidder and its
technology/ consortium partner, as applicable.
13.0 PERIOD OF VALIDITY OF BIDS
13 .1 Bid shall remain valid for period specified in clause 2 of Tender Information.
A bid valid for a shorter period shall be rejected by the purchaser being
non-responsive.
13.2 In exceptional circumstances, the purchaser may request the consent of the
bidder for an extension to the period of bid validity. The request and the
response thereto shall be made in writing. The bid security provided under
clause 12 shall also be suitably extended. The bidder may refuse the request
without forfeiting its bid security. A bidder accepting the request and granting
extension will not be permitted to modify its bid.
Page 43
Page 44
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 bidders 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(I&II) .
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
Page 45
(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 both the envelopes are not sealed and marked as required at para 15.1
and 15.2, the bid shall be rejected.
16. 0 SUBMISSION OF BIDS
16.1. Bids must be submitted by the bidders on or before the specified date & time
indicated in Clause 6 of Section-I i.e. DNIT.
16.2 The Purchaser may, at its discretion, extend this deadline for the submission
of bids by amending the Bid Documents in accordance with clause 6 in
which case all rights and obligations of the purchaser and bidders previously
subject to the deadline will thereafter be subjected to the extended deadline.
16.3 The bidder shall submit its bid offer against a set of bid documents
purchased by him for all 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.
17.0
17.1
LATE BIDS
No bid shall be accepted either online by E-Tender Portal or physically in
case of manual bidding process after the specified deadline for submission
of bids prescribed by the purchaser.
18
MODIFICATION AND WITHDRAWAL OF BIDS
18 .1 The bidder may modify, revise or withdraw his bid after submission prior to
deadline prescribed for submission of bid.
18.2 The bidders modification, revision or withdrawal shall have to be online and
digitally authenticated (in case of e-tendering) & physically (in case of
manual bidding process) as per clause 15.
18.3 Subject to clause 20, no bid shall be modified subsequent to the deadline for
submission of bids.
19.0
19.1
Page 46
19.2
19.3
Page 47
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.
Page 48
21.5
21.6
22
(c)
(d)
Duties & Taxes for which the firm has to furnish Cenvatable
Challans/ Invoices will be indicated separately in the PO/APO.
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.
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.
The purchaser reserves the right to ask the bidders to submit
documentary proof confirming the correct Tariff Head from the
Page 49
(e)
23.0
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.
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.
23.2
Page 50
27.
ISSUE OF ADVANCE PURCHASE ORDER
27.1. The issue of an Advance Purchase Order shall constitute the intention of the
Purchaser to enter into contract with the bidder.
27.2 The bidder shall within 14 days of issue of the advance purchase order, give
its acceptance along with performance security in conformity with the
proforma provided with the bid document at Section-7B.
27.3 L-1 bidder may be issued Advanced Purchase Order (APO) in two stages.
The first APO shall be issued for L-1 quantity as defined in clause above.
The second APO may be issued to L-1 bidder only when the Purchaser
exercises the right for placement of order on balance tendered quantity on
the bidder with the lowest evaluated price in conformity to Clause 24.3 &
BSNL Revised Procurement Manual 2012
Page 51
29.
SIGNING OF CONTRACT
The issue of Purchase order shall constitute the award of contract on the
bidder.
Upon the successful bidder furnishing performance security pursuant to
clause 27, the Purchaser shall discharge the bid security in 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 & 27.3 of this section..
ANNULMENT OF AWARD
Failure of the successful bidder to comply with the requirement of clause 27
& 28 shall constitute sufficient ground for the annulment of the award and the
forfeiture of the bid security in which event the Purchaser may make the
award to any other bidder at the discretion of the purchaser or call for new
bids.
Page 52
31.2
31.3
31.4
Page 53
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.
33.
Clause deleted.
.
34.
NEAR-RELATIONSHIP CERTIFICATE
34.1. The bidder should give a certificate that none of his/ her near relative, as
defined below, is working in the units where he is going to apply for the
tender. In case of proprietorship firm certificate will be given by the
proprietor. For partnership firm certificate will be given by all the partners
and in case of limited company by all the Directors of the company excluding
Government of India/ Financial institution nominees and independent
non-Official part time Directors appointed by Govt. of India or the Governor
of the state and full time Directors of PSUs both state and central. Due to
any breach of these conditions by the company or firm or any other person
the tender will be cancelled and Bid Security will be forfeited at any stage
whenever it is noticed and BSNL will not pay any damage to the company or
firm or the concerned person.
34.2. The Company or firm or the person will also be debarred for further
participation in the concerned unit.
34.3 The near relatives for this purpose are defined as:(a)
Members of a Hindu undivided family.
BSNL Revised Procurement Manual 2012
Page 54
(b)
(c)
36.
Page 55
37.
Page 56
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
Eligibility conditions for each tender shall be framed on case-to-case basis
and shall be got approved from the tender approving authority.
Some hints on framing of eligibility conditions are given below:
The eligible bidders should be Indian companies registered to manufacture
the tendered item in India, having obtained clearance from Reserve Bank of
India wherever applicable.
They should have obtained valid Type Approval Certificate (TAC) from
Telecom Engineering Centre, DOT or TSEC from QA Wing of BSNL for the
tendered item against Technical Specifications given in the bid document
and should have successfully executed Educational/ Commercial orders
issued by BSNL/ MTNL/ DOT. The proof of manufacturing in India, Type
Approval Certificate (TAC) or Technical Specification Evaluation Certificate
(TSEC) and successful execution of educational/ commercial orders shall
form part of the bid.
Page 57
For the items, which are being procured for the first time where no vender
or very few venders have obtained type approval so far, the eligibility
conditions may be defined as follows:
The bidder or its collaborator should have supplied 25% of the
tendered quantity to any other telecom service provider and a
certificate given by the competent authority to be enclosed along
with the bid.
In addition, it shall have to get the offered equipment Type
Approved/Validated against the specified GR in a time frame to be
defined in the bid document.
Note: After issue of NIT, eligibility conditions should not be changed.
2.
Bid Security
The bank guarantee/DD for bid security or Micro & Small Enterprise (MSE)
registration certificate for claiming exemption from submission of 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 E
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.
Distribution of Quantity
(i) The Purchaser intends to limit the number of technically and
commercially responsive ..(N) bidders 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. The distribution
of the quantity shall be as given in Table 1 below.
Table 1(A) (Without provisions for MSE Units)
No. of Bidders Quantity allotted to the respective bidder
to be approved
(Col. 2)
(Col. 1)
L1
L2
L3
L4
L5 and so on
One bidder
100% Nil
Nil
Nil
Nil
Two Bidders
60%
40%
Nil
Nil
Nil
Three Bidders
50 %
30 % 20 %
Nil
Nil
Four Bidders
40 %
30 %
10 %
Nil
20 %
Page 58
Qty earmarked
for
MSE
bidder(s)
(Col. 3)
One bidder
80%
Nil
Nil
Nil
Nil
20 %
32%
Nil
Nil
Nil
20%
Three
Bidders
40 %
16 % Nil
Nil
20%
24 %
Four
Bidders
32 %
16 %
Nil
20%
24 %
8%
Note 1(a):Table 1(B)shall be followed if the tender has provision for reservations for
MSE units.
Note 1(b): In case of tenders like for Turnkey projects etc. where it is not feasible to
award the work to more than one bidder, the provisions for MSEs shall not
be made.
Note 2: If no eligible MSE bidders are available then aforesaid earmarked 20%
quantity shall be de-reserved & the allotted quantity for other general
bidders will be restored to 100% and distribution shall be as per Table -1(A)
above.
Note 3: If L-1, L-2, L-3, etc happens to be MSE bidders then they will be given
allotted quantity as per the applicable sub-column of column 2 of above
table. In case, there are MSE bidders whose quoted price is within +15% of
L-1 price then 20% reserved quantity shall be distributed amongst such
MSE bidders.
(ii) 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 on which order for supply of equipment to be placed remains same
as specified in the tender.
Note: See guidelines for distribution of quantity in Chapter 9
Note: Additional clauses may be added related to evaluation criteria, additional
documents required to be furnished, single stage or two-stage bidding, etc.
for which Chapter 3 may kindly be referred.
Note: De-rating factor shall be calculated for determination of ordering price in r/o
L-2 & others based on L-1 price.
Page 59
Section- 4 Part C
E-tendering Instructions to Bidders
Note :-The instructions given below are TCILs 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.
General
These Special Instructions (for e-Tendering) supplement Instruction to Bidders, as
enclosed in Sec 4 Part A of the Tender Documents.
Submission of Bids only through online process is mandatory for this Tender.
For conducting electronic tendering, BSNL HQ is using the portal
(https://www.tcil-india-electronictender.com)/ of M/s TCIL, a Government of India
Undertaking.
1. Tender Bidding Methodology:
Sealed Bid System (number of) Stages
Using Single/Two Envelopes,
Followed by e-Reverse Auction (if required by Business Unit / Planning cell)
after opening of the Financial bids. In case of two envelope system Financial &
Techno-commercial bids shall be submitted by the bidder at the same time.
2. Broad outline of activities from Bidders prospective:
1. Procure a Digital Signing Certificate (DSC)
2. Register on Electronic Tendering System (ETS)
3. Create Users and assign roles on ETS
4. View Notice Inviting Tender (NIT) on ETS
5. Download Official Copy of Tender Documents from ETS
6. Clarification to Tender Documents on ETS
Query to BSNL (Optional)
View response to queries posted by BSNL, as addenda.
7.
Bid-Submission on ETS
8.
Attend Public Online Tender Opening Event (TOE) on ETS Opening of
Techno-commercial Part
9.
View Post-TOE Clarification posted by BSNL on ETS (Optional) Respond
to BSNLs Post-TOE queries
10. Attend Public Online Tender Opening Event (TOE) on ETS Opening of
Financial-Part (Only for Technical Responsive Bidders)
11. Participate in e-Reverse Auction on ETS
For participating in this tender online, the following instructions need to be
read carefully. These instructions are supplemented with more detailed
guidelines on the relevant screens of the ETS.
BSNL Revised Procurement Manual 2012
Page 60
3. Digital Certificates
For integrity of data and its authenticity/ non-repudiation of electronic records,
and be compliant with IT Act 2000, it is necessary for each user to have a Digital
Certificate (DC). also referred to as Digital Signature Certificate (DSC), of Class
2 or above, issued by a Certifying Authority (CA) licensed by Controller of
Certifying Authorities (CCA) [refer http://www.cca.gov.in].
4. Registration
To
use
the
Electronic
Tender
portal
(https://www.tcil-india-electronictender.com), vendor needs to register on the
portal. Registration of each organization is to be done by one of its senior
persons who will be the main person coordinating for the e-tendering activities.
In ETS terminology, this person will be referred to as the Super User (SU) of
that organization. For further details, please visit the website/portal, and click on
the Supplier Organization link under Registration (on the Home Page), and
follow further instructions as given on the site.
Pay Annual Registration Fee as applicable.
Note: After successful submission of Registration details and Annual Registration
Fee (as applicable). Please contact TCIL/ ETS Helpdesk (as given below), to
get your registration accepted/activated.
TCIL Helpdesk/
Helpdesk
Telephone
ETS
Mobile Nos.
E-mail ID
BSNL Contact-1
BSNLs Contact Person
Telephone/ Mobile
E-mail ID
BSNL Contact-2
BSNLs Contact Person
Telephone/ Mobile
E-mail ID
Page 61
5.
6.
7.
Page 62
Page 63
E-Reverse Auction
E-Reverse Auction would be conducted on Unit/ total package/ net cost to
BSNL value for bid evaluation, subsequently after the opening of the
Financial-Part.
The following would be parameters for e-Reverse Auction:
S. No.
Parameter
Value
Will be intimated to
Technically Responsive
bidders after the opening
of Financial-part.
( Typically 1 to 2 )
Hours
Yes
3.1
Pre-defined Time-Duration
. xx Minutes(Typically
05 minutes)
3.2
3.3
..nn Automatic
Extensions. (Typically 04
to 06 extensions)
Criteria of Bid-Acceptance
Entity Start-Price
Minimum Bid-Decrement
..( Value in
Currency) To be decided
by planning cell
Page 64
Yes
Note : Parameters at S. No. 5 & 6 shall be confirmed after opening & evaluation of
Financial bid parts.
10. Other Instructions
For further instructions, the vendor should visit the home-page of the portal
(https://www.tcil-india-electronictender.com), and go to the User-Guidance
Center
The help information provided through ETS User-Guidance Center is
available in three categories Users intending to Register / First-Time Users,
Logged-in users of Buyer organizations, and Logged-in users of Supplier
organizations. Various links are provided under each of the three categories.
Note: It is strongly recommended that all authorized users of Supplier
organizations should thoroughly peruse the information provided under the
relevant links, and take appropriate action. This will prevent hiccups, and
minimize teething problems during the use of ETS.
The following FOUR KEY INSTRUCTIONS for BIDDERS must be
assiduously adhered to:
1.
Obtain individual Digital Signing Certificate (DSC or DC) well in advance
of your first tender submission deadline on ETS.
2.
Register your organization on ETS well in advance of your first tender
submission deadline on ETS
3.
Get your organizations concerned executives trained on ETS well in
advance of your first tender submission deadline on ETS
4.
Submit your bids well in advance of tender submission deadline on ETS
as there could be last minute problems due to internet timeout,
breakdown, etc.
While the first three instructions mentioned above are especially relevant
to first-time users of ETS, the fourth instruction is relevant at all times.
11.
Broadband connectivity.
Page 65
12.
Page 66
SECTION-5 Part A
GENERAL (COMMERCIAL) CONDITIONS OF CONTRACT
1.
APPLICATION
The general condition shall apply in contracts made by the purchaser for the
procurement of goods.
2.
STANDARDS
The goods supplied under this contract shall conform to the standards
prescribed in the Technical Specifications mentioned in section -3.
3.
PATENT RIGHTS
The supplier shall indemnify the purchaser against all third-party claims of
infringement of patent, trademark or industrial design rights arising from use
of the goods or any part thereof in Indian Telecom Network.
4.
4.1
PERFORMANCE SECURITY
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.
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.
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.
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.
4.2
4.3
4.4
5.
5.1
5.2
Page 67
5.3
5.4
5.5
5.6
6.
6.1
Page 68
6.2
6.3
6.4
7.
7.1
7.2
7.3
7.4
The delivery of the goods and documents shall be completed within time
frame stated in note 7 of Clause 6 of Section-2 (Tender information).
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.
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.
TRAINING
The bidder shall provide training for installation and maintenance staff of the
purchaser free of cost where required.
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.
The bidder shall provide all training material and documents.
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.
8.
INCIDENTAL SERVICES
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.
9.
9.1
SPARES
The supplier shall be required to provide a list of the following material and
notifications pertaining to spare parts manufactured or distributed by the
supplier 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
Page 69
WARRANTY
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 clause
10.1 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.
11.
11.1
PAYMENT TERMS
Payment of specified percentage of the price as stated in clause 5 of Section
-2 (Tender Information) shall be made on receipt of goods by consignee. For
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Page 71
11.4. No payment will be made for goods rejected at the site on testing.
11.5. 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.):
12.
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.
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.
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.
12.2
12.3
13.
13.1
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13.2
14.
15.
15.1
Page 73
15.4
16.
16.1
16.2
Page 74
(a)
16.3
16.4
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 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 delayed
portion 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).
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.
Wherever Clause of grace period of 21 days exists in the Purchase Order as
Page 75
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 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.
Note : 1. In case of turnkey projects, the additional BG and LD clauses
related to delay in Installation & commissioning activities, shall be fine-tuned
to meet the requirements of the project and shall be included in the special
conditions Section-5 Part B of the concerned bid document) after approval of
the Management. In these cases, the tender approving authority as per
delegation of financial powers shall be competent authority to decide
applicability of LD on the Installation and commissioning portion in case
delay is on part of BSNL. However, for supply of equipment in such projects,
the terms and conditions shall be the same as mentioned in clauses 15.3
and 16.2 of Section-5 Part A.
17.
17.1
FORCE MAJEURE
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.
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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.
Clause deleted.
20. ARBITRATION
20.1 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
BSNL Revised Procurement Manual 2012
Page 77
20.2
20.3
21.
SET OFF
Any sum of money due and payable to the supplier (including security deposit
refundable to him) under this contract may be appropriated by the purchaser
or the BSNL or any other person(s) contracting through the BSNL and set off
the same against any claim of the Purchaser or BSNL or such other person or
person(s) for payment of a sum of money arising out of this contract or under
any other contract made by the supplier with the Purchaser or BSNL or such
other person(s) contracting through the BSNL.
22.
23.
24.
24.1
FALL CLAUSE
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
Page 78
24.2
24.3
24.4
equipment/ service are less than the prices chargeable under the contract.
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.
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."
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.
Page 79
SECTION 5 Part B
SPECIAL (COMMERCIAL) CONDITIONS OF CONTRACT (SCC)
(To be provided by User cell)
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)
Note: The clauses mentioned below are for reference only. Exact clauses should
be framed as per requirement on case-to-case basis.
1.
Page 80
thirty days from the notification by the purchaser of its need, without
demur.
d) In the event of termination of production of the equipment/ spare parts,
the supplier shall notify the purchaser at least two years in advance of
the impending termination to enable the purchaser to procure life time
spares. The supplier shall also provide at its own cost to the purchaser,
the blue print drawings and specifications of spare parts if and when
requested.
3.
Loading:
(a) In case any item is not quoted by a Bidder mentioned in the SOR of
the tender document or the price of any item is not available in its own
bid, then the bid shall be loaded by the highest price quoted by any of
the bidders for that item. The loaded item shall be supplied at lowest
cost quoted by any of the bidder.
(b) Cases in which the bidder has quoted for less quantity for any of the
items than that indicated in the SoR of the tender document, then the
price bid shall be loaded to the extent of the difference in quantity of
the item to meet the full requirement of the SoR on a pro-rata basis for
the purpose of evaluation & ordering.
(c) No de-loading of the bid is envisaged, if the quoted quantity in the bid
is higher than that requested in the tender for the purpose of
evaluation.
(d) AMC cost shall not be paid for all items supplied free of cost on
account of the loading. The same principle shall be applied for the
cost towards services and all other items
(e) Offer to the L1 bidder(s) after correcting the arithmetical errors and
effecting change in unit prices due to loading shall not tantamount to
counter offer. If not accepted by the bidder, then he/ she shall be
liable to be barred from participating in future tenders/ EOIs/ RFPs of
BSNL for a period of two years.
Page 81
Section 5 Part C
General Conditions of AMC
1.
2.
Note: The clause regarding repair of faulty equipment and setting up of Repair
Facilities may be included considering the following aspects:
a) The supplier shall establish adequate repair facilities for repair of faulty
equipment in India within a period six months from the date of purchase
order. The number and location of repair facilities should be such as to
meet the requirement of repairs and turn-around time provided in the
special conditions in Section-5 Part B. The performance bank guarantee
shall not be released until the purchaser is satisfied that sufficient repair
facilities have been established in addition to the fulfillment of other
conditions of the contract. The purchaser reserves the right to blacklist a
supplier who does not meet the repair obligation as per the conditions of
contract.
b) The supplier shall quote rates for repair of each card/ module in
Section-9 Part II as a percentage of the cost of that module and also in
value in rupees. Total cost of repair for each type of module shall be
loaded for the purpose of evaluation.
3.
Page 82
e)
f)
g)
h)
i)
j)
k)
Page 83
l)
m)
n)
Page 84
(4)
***
Page 85
SECTION-6
UNDERTAKING & DECLARATION
6(A) - For understanding the terms & condition of Tender & Spec. of work
a)
b)
Certified that:
1.
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.
2.
Date:
Signature of Tenderer
Place:
Name of Tenderer .
Along with date & Seal
Page 86
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."
Page 87
SECTION- 7
PROFORMAS
7(A)
4.
We the Bank further agree that the guarantee herein contained shall remain in
Page 88
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 BSNC under or by virtue of the said Agreement have been fully
paid and its claims satisfied or discharged or till BSNC Certifies that the terms
and conditions of the said Agreement have been fully and properly carried out
by the said bidder(s) and accordingly discharge this guarantee. Unless a
demand or claim under this guarantee is made on us in writing or before the
expiry of Validity date from the date hereof, we shall be discharged from all
liability under this guarantee thereafter.
5.
We the Bank further agree with the BSNC that the BSNC 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 BSNC 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
BSNC or any indulgence by the BSNC 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.
7.
In case BSNC demands for any money under this bank guarantee, the same
shall be paid through bankers Cheque in favour of AO (Cash) BSNL CO
payable at New Delhi.
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.
8.
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
Page 89
7(B)
We, the Bank do hereby undertake and assure to the BSNC that if in the
opinion of the BSNC, 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 BSNC the said sum limited to P.G. Amount or
such lesser amount as BSNC may demand without requiring BSNC 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 BSNC shall be conclusive as regards the liability
of Bidder to pay to BSNC 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 BSNC 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.
Page 90
5.
6.
The Bank further agrees that the BSNC 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 BSNC 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 BSNC or any indulgence by BSNC to Bidder or any other matter or
thing whatsoever which under the law relating to sureties would but for this
provision have the effect of relieving or discharging the guarantor.
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)
7.
8.
The guarantee shall stand completely discharged and all rights of the
BSNC under this Guarantee shall be extinguished if no claim or
demand is made on us in writing on or before its validity date.
In case BSNC demands for any money under this bank guarantee, the same
shall be paid through bankers Cheque in favour of AO (Cash) BSNL CO
payable at New Delhi.
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: ..
Telephone Numbers ..
Fax numbers
Page 91
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.
Page 92
7(D)
Sub: This office contract no.. dated . placed on you for supply
of .
2.
3.
4.
An additional BG of Rs._____in accordance with clause 15.3, Section5PartA of the contract with validity up to _______.
Page 93
5.
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..
Note : The entries which are not applicable for the case under consideration are to
be deleted.
Page 94
Sub : This office contract no.. dated . placed on you for supply
of
Ref : 1.
Your letter no
requesting DP extension
dated
2.
3.
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)
Page 95
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 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.
Page 96
SECTION- 8
Bidders profile & Questionnaire.
Tenderer / Bidders Profile & Questionnaire
(To be filled in and submitted by the bidder)
Tenderers Profile
Name of the Individual/ Firm:
A)
1.
2.
Present
Correspondence
Address
..
..
..
Telephone No. .. Mobile No. ...
FAX No.
3.
4.
5.
Name
Fathers Name
Designation
1.
2.
3.
4.
5.
6.
..
.
7.
Page 97
8.
9.
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
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
Name of Contractor
Page 98
SECTION-9 Part-A
BID FORM
To
From,
1.
2.
3.
4.
5.
6.
7.
Page 99
Signature .
Witness
Name ..
Signature.
In the capacity of .
Name ..
Address ......................................
behalf of ..............................................
Page 100
SECTION-9 Part-B
15
16
17
18
19
20
14
13
Import content
12
11
Amt
10
%
9
Amt
8
Discount offered,
if any
%
7
Amt
6
F.F. Pkg
&I
Sales Tax
Excise
Duty
Sl.
No.
Total Qty..
Item description
21
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.
2. If Annual maintenance Contract charges are required to be quoted as per SOR, basic charges should be shown in column-4 & the service
tax in column 11 & 13.
3. We hereby certify that E.D/Customs Tariff Head shown in column 18/21 are correct & CENVAT Credit for the amount shown in column 13
above are admissible as per CENVAT Credit Rules 2004.
4. The bidder shall quote separately for hardware and software as per special conditions of contract.
5. The bidder submitted the offer with concessional E.D/sales tax shall submit the proof of applicable concessional ED/Sales Tax.
BSNL Revised Procurement Manual 2012
Page 101
10
11
12
13
15
16
17
14
Amt
Amt
4B
Amt
4A
Sales Tax
Custom Duty
Sl.
No.
Total Qty.
Item description
18
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.
2. If Annual maintenance Contract charges are required to be quoted as per SOR, basic charges should be shown in column-4B
& the service tax in column 11 & 13.
3. We hereby certify that E.D/Customs Tariff Head shown in column 18 are correct & CENVAT Credit for the amount shown in
column 13 above are admissible as per CENVAT Credit Rules 2004.
4. The bidder shall quote separately for hardware and software as per special conditions of contract.
5. The bidder submitted the offer with concessional E.D/sales tax shall submit the proof of applicable concessional ED/Sales Tax
Page 102
CHAPTER - 5
5.
5.1
Purpose
The Bid Bond Guarantee also known as Earnest Money Deposit (EMD) or
Earnest Money Bank Guarantee (EMBG).The purpose of EMD is to get a
commitment by the Bidder to honour its bid during the bid validity period.
5.2
Value
The value of EMD will be @ 2% of the total estimated cost of the equipment/
stores including services proposed to be procured in the tender subject to a
maximum of Rupees Two Crore.
5.3
Validity Period
The validity period of the EMBG should be 30 days beyond the Bid validity i.e.
n+ 30 days, where n is number of days in validity period of offer e.g. 150 +30
= 180 days, if the bid validity period is 150 days.
5.4
5.5
Release of EMD
5.5.1 EMD of all unsuccessful Bidders should be released on placement of
Purchase Order (PO) on the successful bidders. This should be done within
one week of release of Purchase Order(s).
5.5.2 In case of successful Bidders, the EMBG shall be released on receipt of their
acceptance of Advance Purchase Order and furnishing the performance
security.
5.5.3 Where BSNL requests the Bidder to extend the validity of the Bid beyond the
stipulated period given in the Bid documents, and the bidder refuses to
extend the validity of its bid, the EMD of such Bidders shall be returned
forthwith. In such cases, the bidder shall not be considered for further
evaluation or ordering.
Page 103
5.6
Encashment of EMD
5.6.1 EMD of a bidder shall be forfeited, if the bidder withdraws or amends its bid
or impairs or derogates from the bid in any respect during the period of bid
validity specified by the bidder on the Bid Form or extended subsequently.
5.6.2 When BSNL places an Advance Purchase Order on the successful bidder on
its quoted price and the bidder refuses to accept it within the scheduled
period as stated in APO, EMD shall be forfeited.
5.6.3 The decision of BSNL in this regard will be final & binding.
5.7
5.8
5.9
5.10
Encashme
nt where
Resorted
Returned
to the
Bidder
Extended
Extension
asked for
Valid up to
Of Opening
EMBG Register
A record of all EMBGs should be kept in EMBG Register in standard format
given below. The register should be scrutinized monthly to ensure currency
of validity of Bids, extensions asked and acceded by Bidders, Bid encashed,
Bid refunded etc.
Name
Bid
Amount Name of
Date
of the
Bond/
of Bid
the
Bidder
EMBG
Bond
Banker
Number
***
Page 104
CHAPTER - 6
6
OPENING OF BIDS
6.1
Opening of bids
The guidelines for conducting the opening of bids and the various steps to
be taken by the tender opening committee are given in this chapter. The bid
opening is an important occasion when all the bidders, who have participated
in the tender, assemble, their bids opened formally in their presence and
certain information are read out in this open session. Proper bid opening
procedure ensures an impartial and fair approach to all bidders so that
complaints on this account do not arise. The various steps to ensure these
are now described.
6.2
Formation of Bid opening committee
6.2.1 Since bid opening is an important responsibility, it is necessary that a bid
opening team be formed formally. It is recommended that composition of the
bid opening team be as follows :
Chairman of the Bid Other members of the bid opening committee
opening Committee
Divisional Engr. or Asstt. Engineer or equivalent+ Accounts officer+
Equivalent
One Dealing Asstt.
Note:-However, in case of SSAs headed TDEs, the TOC shall be headed by SDE
Level officer and member from finance will be of AO/JAO level.
6.2.2 Proposal for formation of bid opening committee would be approved by the
DGM in-charge of the tendering, well in advance of the bid opening. Any
change in the constitution of the Committee would need the approval of GM
in-charge of the tendering. The officer nominated for the bid opening shall be
preferably different from the officers who have to process the procurement
case.
6.3
Page 105
f)
g)
h)
i)
j)
6.4
Venue
The Bid Opening would generally be conducted in a hall, which can
accommodate comfortably, BSNL officers forming the Bid opening Team as
well as bidders, who participate in the tender. The venue should preferably
have an ante-room where the authorization letter & number verified before
the bidders are formally allowed entry into the bid opening hall.
6.5
6.6
Bid Opening Process
6.6.1 The Bid opening process should start at the time/date given in the NIT. The
bidder would be asked to enter the ante room first, produce their letters of
authorization to enable them to participate in the bid opening. Suitable
entries shall be made in the Attendance Register along with the signature of
the authorized participating bidders.
6.6.2 For the bidders who submit their bids earlier to the date of bid opening, bids
having letter of authorization for submission of the bids and the bids
themselves being submitted as required by the bid documents, would be
accepted by the Section Officer(MMT), Tendering section and a receipt to
BSNL Revised Procurement Manual 2012
Page 106
this effect issued by him to the bidder. In case such bidders wish to
participate in the Bid Opening, the production of this receipt along with the
authorization for the participation in the bid would enable the Bid Opening
Officer to issue a pass to the Bidders to enable him to participate. In such
cases, it is the responsibility of the Bid Opening Officer to ensure that such
bids are available, suitably numbered, at the Bid Opening Venue at the time
of Bid Opening. Any bids submitted after the due time as per NIT would be
returned unopened by the Bid Opening Officer.
6.6.3 In case of e-tendering please refer Section 4 Part C of Chapter 4.
6.7
Information to be read out in Bid Opening for Manual Bidding process.
6.7.1 Kindly follow instructions stated in clause 19.3 of section4PartA (General
Instructions to Bidders).
6.7.1 The Bid Opening Official should politely and firmly turn down queries of any
other nature from any bidder. No argument should be entertained on this
account by the Bid Opening Officer.
6.7.2 Actual process of Opening of Bids should start only after all the received bids
shifted to the Bid Opening Hall under supervision and responsibility of Bid
Opening Officer. All the received bids should be arranged in alphabetical
order as per the name of the firm submitting the bids & thereafter numerically
counted & numbered viz.1/n,2/n.n/n where n is the no. of total bids
received in the tender, entered in the Bid Opening Register. Where the
response to the tender is very extensive, the Bid opening Officer may restrict
entry to the venue to only one representative per bidder.
6.7.3 At the start of the Bid Opening and prior to opening the first bid, the Bid
Opening officer should clearly state the information which will be read out by
him.
6.7.4 Bids should be opened in the numerical numbering. The Bid Opening Officer
should display the intactness of the seal of the bid being opened, prior to
opening it, to all the participants, record this and initial this entry and should
thereafter open the Bid. He should check up and ensure that the original bid
its mode of submission are as per the Bid Documents. After opening the
Bids, he should read out the information as given in clause 19.3(iii &iv) of
Section4 Part A (GIB) from the original copy of the bid, record the information
read out in the appropriate format, encircle the entries in the Bid in red ink
and initial these in the Bid before proceeding to the next item of the Tender.
6.7.5 The bid opening committee shall record in its report itself if bid security is not
submitted as per clause 12.1 & 12.3 of Section-4 Part A of the Bid Document
or bid validity is less than the time prescribed in clause 13.1, Section-4 Part A
of the Bid Document.
6.7.6 In case of e-tendering process please refer Section 4 Part C of Chapter 4.
Page 107
6.8
Report of the Bid opening Committee
6.8.1 In all cases, it should be ensured that the bid opening is completed on the
same calendar day. The bid opening committee would be responsible for
preparation of its report on the same day of the bid opening or maximum the
next day to the bid opening, in case the bid opening drags on well beyond the
closing hours of the office.
6.8.2 The bid opening reports should comprise of the following :
a) List of participants who attended the bid opening.
b) Report on the bid opening duly prepared by the bid opening official and
signed by him along with other members of the bid opening team
certifying that only those bidders who were eligible to participate, were
allowed to participate.
c) Information regarding item read out.
d) Submission of Bid documents, bidder-wise were as per Bid conditions to
be indicated.
e) Statement that all steps taken to preserve the sanctity of the Bids.
f) Certificate regarding proper storage of Bids, after the Bid opening, in
secured area.
6.8.3 Submission of Bid Opening Report
The Bid Opening Committee should submit the report of the Bid Opening,
duly signed by all members of the Bid Opening Committee to the Director in
charge of tendering for information, record and follow up action.
6.9
Making Over of Bids
6.9.1 The Bid Opening Committee should make over the complete set of the bids
along with the report of the bid opening and other documents after the
opening of the bids to all the members of the Committee for Evaluation of
Tender (CET).
6.9.2 In case of e-tendering the CET members should be authorized for online
access of bids subsequent to the closing of Tender Opening Event.
***
Page 108
CHAPTER - 7
7 FORMATION OF COMMITTEE FOR EVALUTION OF TENDER/ EOI (CET)
7.1
Formation of Committees for Evaluation of Tender
7.1.1 Tenders are evaluated by a Committee called Committee for Evaluation of
Tender. Its formation and constitution is covered in this chapter. The
Committee for Evaluation of Tender (CET) is constituted for the evaluation of
each and every tender. This duly constituted CET evaluates the tender as
per the terms and conditions and other clauses stipulated in the tender
document. The Committee submits its recommendations in the form of a
report. This report is thereafter examined by the procurement branch of the
BSNL. The proposals emerging out of the recommendations of the
Committee for Evaluation of Tender are submitted to the competent authority
for approval.
7.1.2 Each tender is evaluated by a Committee for Evaluation of Tender set up for
this purpose. The formation of the Committee is proposed by the MM branch
and approved by the concerned Director of BSNL Board. In case of tenders
issued by field units, the CET would be approved by the tender approving
authority. Formation of the CET should be done well in advance of the
opening of the Bids.
7.2 Constitution of CET
7.2.1 A Committee for Evaluation of Tender basically comprises of three members
representing the Planning/ User, MM and Finance Wings, so that bids could
be evaluated technically, commercially and financially. In addition, when the
item is likely to have impact on the quality of service, a member from the
Operations/ QA Branch may be included.
7.2.2 The Technical Member would be from the concerned User Wing and who
would be generally the chairman/ convener and who would have the prime
responsibility for preparation of the report.
7.2.3 The commercial member would be from the MM Cell.
7.2.4 The Finance member would be from Finance Cell.
Technical
Chairman/
Member-cum-Convener
Commercial
User (Planning/
Operations/ Marketing/
Admin/ Service/
Technology, etc) cell
MM Cell
Finance
Finance Cell
Member
Member
7.2.5 In addition depending upon the nature of the tender, officer(s) from Operation
Branch/ any other related branches could also be co-opted as part of the
BSNL Revised Procurement Manual 2012
Page 109
7.3
7.4
Page 110
CHAPTER - 8
8 GUIDELINES TO COMMITTEE FOR EVALUATION OF TENDER/ EOI (CET)
8.1 Introduction
8.1.1 The Guidelines provide broad procedures to enable the evaluation process.
Correct evaluation decision will continue to depend upon the experience and
good judgment of those who are responsible for evaluation.
8.1.2 The following document should be handed over to the CET members by MM
Cell :
a)
All bids accepted at the time of bid opening.
b)
Bid document along with technical specification(s).
c)
Guidelines for CET.
d)
Minutes of the bid opening, if any.
8.1.3 The above document should be received by CET members personally.
8.1.4 Wherever there is any variation between the Technical Compliance
Statement and the Drawings/ Literature attached in support of or merely with
Technical Compliance Statement the bidders should be asked to
clarify/confirm specifically the technical compliance. In cases where offered
product is under-provided the CET should load the quoted price
appropriately so as to bring it to the desired level of technical compliance.
8.1.5 Determination of the bid's responsiveness is to be based on the contents of
the bid itself without recourse to extrinsic evidence. Queries to or from
bidders should generally be avoided. However it may be resorted if found
necessary to remove any ambiguity, doubt and to bring clarity in the process.
8.1.6 Any document which has an impact on price of the bidders and which is
submitted by the bidder after opening of the tenders should not be
considered and should be ignored.
8.1.7 Only responsive bids should be evaluated in detail. A responsive bid is a bid
which satisfies following conditions of the bid documents :
a)
It meets all the major technical clauses.
b)
It meets commercial clauses.
c)
The offer is accompanied by a bid security deposit on the prescribed
proforma as indicated in the bid document and valid for 30 days
beyond the validity of the bid.
8.1.8 The CET should hold a preliminary meeting within one week of handing over
of the tender Documents. The activity as per 8.2.1, 8.2.2 and 8.3 below
should commence immediately. The Convener of the CET may coordinate to
ensure that the statements relating to 8.2.1, 8.2.2 and 8.3 are handed over to
the Finance representative so that finance vetting can start.
8.1.9 In order to help the Committee for Evaluation of Tender to formulate its
recommendations within a reasonable time frame the following allocation of
responsibilities for different actions is indicated herein.
Page 111
Page 112
Page 113
ratio of their evaluated prices / quotation. This will ensure that there is
incentive for the bidders to quote their lowest price from tender to tender.
While deciding the quantities technical feasibility of distribution and the
capability of each of the supplier has to be kept in view.
8.7.6 All the bidders should be offered uniform price for supply.
8.8 Miscellaneous Guidelines
8.8.1 The recommendations of the Committee for Evaluation of Tender are
essentially internal document. Final decisions are taken by the competent
authority on the basis of CET recommendation. The confidentiality of the
CET document from outsider is, therefore, to be maintained. No information
to substance, examination, clarification or evaluation of bids and
recommendations should be communicated to persons other than those
officially concerned.
8.8.2 All the pages and enclosures of the CET report should be numbered
consecutively and signed by all CET members.
8.8.3 The CET recommendations in duplicate should be received in MM Cell within
4 to 6 weeks of handing over the documents to the CET members. The
responsibility for ensuring this vests with Chairman / Convener of the CET.
8.8.4 If CET needs additional time to complete the work, permission of extension
may be obtained from the concerned Director, or, in case of field units, by the
tender approving authority, by the Chairman/ Convener of the CET
specifically indicating the reason for the same. Permission of extension, if
granted, may be intimated to MM Cell for the purpose of record and taking
further suitable action.
8.8.5 The meetings of Committee for Evaluation of Tender should be fixed with
prior consultation with its members. They should be contacted on telephone
as well. If any of the members appointed to the committee for tender
evaluation fails to attend the meetings for more than one occasion
consecutively the Chairman/ Convener of CET should bring it to the notice of
concerned Director or the tender approving authority.
8.8.6 THE TENDER EVALUATION REPORT SHOULD CLEARLY INDICATE
DEVIATIONS RECOMMENDED VIS-A-VIS TENDER CONDITIONS
ALONGWITH REASONS FOR SUCH DEVIATIONS. WHEN THERE ARE
NO DEVIATIONS FROM TENDER CONDITIONS, A DECLARATION TO
THIS EFFECT SHOULD BE INCLUDED IN THE REPORT OF THE
RECOMMENDATIONS OF TENDER EVALUATION COMMITTEE.
***
[Hint: Normally package discipline will be followed for evaluation of the bids.]
Page 114
CHAPTER - 9
9 ACCEPTANCE OF EVALUATION REPORTS AND FRAMING OF
PURCHASE PROPOSALS
9.1 Purchase Proposal
9.1.1 The Chairman/Convener of the Committee for Evaluation of Tender should
formally submit the report of the committee to the MM Branch.
9.1.2 Within 7 days of the receipt of Report, MM Branch should put up the
purchase proposal for according administrative approval along with a
self-contained note comprising of the following :
a)
Brief background
b)
Salient features of the tender giving description of the equipment,
quantities and composition of the CET, dates of NIT, Bid Openingand
Receipt of evaluation committee Report.
c)
Summary of the recommendations of the CET report.
d)
Confirmation regarding validity of the bids.
e)
Comments of MM Cell on the recommendations of the CET.
f)
Deviations/ short-comings etc, if any, mentioned by the CET
g)
Formal purchase proposal giving the justification, ordering quantities
bidder-wise, unit rates, total rates, discount if any, counter-offer if
proposed, financial implication of the proposal, advances, if payable,
Bank Guarantee proposed, consignee & paying authority. The
purchase proposals should be based on the quantities, distribution
and price as given in the Committee for Evaluation of Tender Report
and incorporating the comments of MM Cell.
9.1.3 The proposal would be sent to the competent authority(s).
9.1.4 Negotiations should not be allowed to be misused as a tool for bargaining
with L-1 with dubious intensions or lead to delays in decision-making.
Convincing reasons must be recorded by the authority recommending
negotiations.
9.1.5 Competent authority should exercise due diligence while accepting a tender
or ordering negotiations or calling for a re-tendering and a definite timeframe
should be indicated so that the time taken for according requisite approvals
for the entire process of award of tenders does not exceed one month from
the date of submission of recommendations. In cases where the proposal is
to be approved at higher level, a maximum of 15 days should be assigned for
clearance at each level. In no case should the overall timeframes exceed the
validity period of the tender and it should be ensured that tenders are
invariably finalized within their validity period.
9.2
Distribution of Quantities amongst successful bidders
9.2.1 Distribution of quantities for ordering to the selected bidders of a tender
should be as follows:
BSNL Revised Procurement Manual 2012
Page 115
9.2.2 The Purchaser intends to limit the number of technically and commercially
responsive ..(N) bidders 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. The distribution of the quantity shall
be as per clause 3(Distribution of Quantity) of Section 4 Part B.
9.2.3 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 on which order for supply of equipment to be placed remains same
as specified in the tender.
9.3 Check-List for Requisition of Material before placing Purchase Orders
9.3.1 While the Purchase Proposal is under approval, MM Cell should request the
user section to furnish the details required for incorporating in the APOs/ POs.
Following information is to be given by the user section before placement of
Purchase Orders:
S. No. Item
Status
(Y/N)
1
Sanction particulars of P/E with date of Sanction
2
Head of Account
3
Particulars of Paying Authority
4
Full details of Consignee/ ultimate Consignee with
complete address and Pin Code
5
Detailed Material List clearly indicating the
Quantity
6
Certificate regarding availability of Funds
7
Circle-wise/ SSA-wise distribution of quantities
This issues with the Approval of PGM (
User Unit
) / GM (
)/concerned head of
(signature)
AGM ( )/ DGM ( )
User Section
9.3.2 Incomplete requisitions not containing above data will be returned forthwith.
9.3.3 This checklist duly filled in and approved by the concerned PGM/ GM/
concerned head of User Unit should be signed by an officer not lower than
AGM and submitted along with the Requisition by concerned User Branch.
Page 116
CHAPTER 10
10
10.1
Purpose
Performance Bank Guarantees are obtained from suppliers to ensure
performance of the contract as specified in the purchase order including
warranty for satisfactory working of the equipment and stores during the
warranty period. This also serves to cover the risk of the BSNL during the
performance of the contract.
10.2
When Required
After a tender has been evaluated and the purchase proposal of the BSNL to
place orders on the bidders has been approved by the competent authority, a
formal letter of intent(Advance Purchase Order) is placed on the supplier.
The supplier is required to furnish bank guarantee for an amount equal to 5%
of the value of Advance purchase order from a Nationalized/ Scheduled Bank
in a standard format within two weeks from the date of issue of letter of intent.
The acceptance of the letter of intent by the supplier as well as furnishing of
the Bank Guarantee would result in the issue of formal purchase orders.
10.3 Validity of Performance Security
10.3.1 The validity period of Performance Security in the form of Performance Bank
Guarantee should be in proportion to the delivery period as per the details
given below :
S. No. Delivery Period
Validity Period of Performance BG
1. Up to 6 months
2 Years
2. 6 months to 1 year
2 years and 6 months
3. More than 1 year
3 years
10.3.2 However, in no case the validity period of the PBG should be less than the
period by which all the contractual obligations of the bidders in the respective
tenders are likely to be fulfilled.
10.3.3 BSNL may ask for extension(s) of the validity period till the time all
contractual obligations have been satisfactorily performed by the supplier.
10.4 Action to be taken on Receipt of Bank Guarantee from the Supplier
10.4.1 Examination for Accuracy: The first action to be taken on receipt of bank
guarantee from the supplier is to examine the genuineness of the bank
guarantee in the light of standard format prescribed as well as a formal check
with the bank.
10.4.2 Acceptance of Bank Guarantee: Acceptance of Bank Guarantee is issued to
the concerned bank after its genuineness has been examined and entries
made in the Register. The acceptance letter is issued to the concerned bank
with a copy to the supplier.
BSNL Revised Procurement Manual 2012
Page 117
10.4.3 Entry in Bank Guarantee Register: After the genuineness has been
established, it is entered in the Bank Guarantee Review Register with
reference to the amount and the date of validity supplier-wise. The format of
the register is enclosed. The entry of the bank Guarantee in the Register is
done in the space allocated to the month and year on which it expires and not
the month and year of the issue of the Bank Guarantee i.e. entries in the
register indicate expiry date of the bank guarantee, thereby enabling them to
be monitored in case renewals are required.
10.4.4 Periodic Monitoring of Register: A periodic monitoring of the status of the
validity of the bank guarantee vis--vis the performance of the supplier
against the contract is necessary to ensure that the bank guarantee is
available to BSNL, if required.
10.5
Page 118
10.7
10.8
Page 119
11
CHAPTER - 11
ADVANCE PURCHASE ORDER
11.1
Purpose
The purpose of the Advance Purchase Order (APO) is to formally intimate
the successful bidder/bidders of the intention of the BSNL to procure the
equipment.
11.2 Contents
The APO shall contain the following information :
a) File number, date and reference of Tender Enquiry No. and submitted
bid reference No., etc.
b) Equipment to be procured with quantities/price.
c)
Technical Specifications
d) Commercial conditions governing the contract.
e) Finance aspects such as advance payable (if any), amount of
Performance Bank Guarantee along with format of the Bank
Guarantee.
f)
Delivery Schedule.
g) Period within which the Bidder has to confirm acceptance to the APO
along with the performance bank guarantee.
h) Annexures comprising Sections-3 Part B , 5 Part A, 5 Part B of the bid
document, AMC draft, scope of work, detailed bill of material,
make-model list, etc
11.3 Format
Format of an APO is given below for ready reference.
Page 120
Placement
of
Advance
Purchase
of .
Order
for
supply
Page 121
2
3.
Quantity
..
Prices
The supply shall be governed at unit prices on all inclusive basis i.e. Excise
Duty, Sales Tax, packing, freight, forwarding, insurance etc but excluding
octroi/ entry tax which shall be paid extra as per actuals, wherever applicable.
The price shall further be governed in accordance with clause No.12 and 24
of Section-III of Bid-document. The detailed prices are given below:
Sl. Ite
No m
Sales
tax %
Rs.
F&F
pkg &
insur %
Rs.
Unit
price all
inclusiv
e
Rs.
Unit
CENV
AT
Rs.
Unit price
excluding
Cenvat
Rs.
4.
Delivery Period
4.1 .
(The detailed month wise-supply schedule shall be mentioned)
(installation commissioning period, if any shall be mentioned).
4. 2 The equipment supplied will be strictly in accordance with the specifications
laid down by the BSNL. The supply shall be made only after QA (BSNL) have
carried out necessary inspection/testing and approved the equipment for
supply to BSNL.
5.
5.1
5.2
5.3
Payment terms
The payment schedule will be as under (The payment schedule shall be
mentioned):
The payment shall be made in Indian Rupees. No separate payment for AMC
will be done, it will be merged with the AMC of the existing equipments.
For claiming the payment, the supplier has to submit the following
documents 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)
The sea freight receipt as per the rates approved by the Ministry of
Water and Surface Transport, if applicable.
Page 122
(f)
Note :-
5.4
6.
Warranty
The warranty of the equipment will be for 12 months period starting from the
date of the system acceptance. The supplier will provide support service
during this warranty through its factory facilities or its Regional Repair
centers. The warranty of the equipment shall be as per clause No. 10 of
General (Commercial) conditions and clause No.. of Special
(Commercial Conditions, if any).
7.
8.
Fall Clause:
9.
10.
11.
Technical Specifications.-
12.
13.
A/T Acceptance:
This will be governed as per the existing conditions of tender under heading
reference S. No (i) above.
14.
Training
Training to BSNL staff shall be imparted by supplier for implementation and
operating the system for 2 days in each of the Telecom circles (Total ..
Page 123
Security Agreement
Acceptance of APO shall imply that you will sign the Security agreement as
required vide Security clause No.36 of Section 4 Part A of tender document,
if applicable.
16.
BSNL reserves the right to cancel Purchase Order if the agreed delivery
schedule is not adhered to by the supplier. Any loss arising out of such
delays in the supply of the equipment shall be on the supplier account.
17.
18.
19.
***
Page 124
CHAPTER - 12
12 PURCHASE ORDER
12.1
12.2
12.3
Page 125
Annexure- 12.1
PURCHASE ORDER FORMAT
Bharat Sanchar Nigam Ltd.
(A Govt. of India Enterprise)
[Bharat Sanchar Bhawan, Harish Chandra Mathur Lane, Janpath
New Delhi - 110 001
(MM Section)
File No.__________________
Dated__________
PO NO..
Subject:- PURCHASE ORDER FOR THE SUPPLY OF ..
______________________________________________________________
:
1 Name &
Address of
Contractor
2
Name of
Purchaser
Purchasers
reference
T.E. No
Ii
5
6
Contractors
reference
i
ii
iii
Scope of the :
PO
Consignee
:
Details,
Paying
Authority etc.
Your acceptance
No. ..
Delivery
Schedule
7.1
to
above
APO
vide
your
letter
Page 126
7.2
Performance
Bank
Guarantee
Quantity and
Price
The detailed prices are given below:
19
Sl.
No
10
Type Qt
y.
No
s.
Basic
unit
price
Rs.
Payment Terms
Excise
duty %
Rs.
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
Sales
tax
%
Rs.
F&F
pkg &
insur
% Rs.
Unit price
all
inclusive
Rs.
Unit
Unit price
CENVAT excluding
Rs.
Cenvat Rs.
Payment against CENVAT-able duty will be made only when CENVAT-able invoice is
submitted by the supplier.
11
Specification
Page 127
12.
Insurance
13
Installation
&
Commissioning
14
Repair Center
15
15
Training
16
Documentation
17
Validation/ TSEC :
:
The supplier shall have to get their equipment type
approved / validated from TEC or a team nominated by
BSNL. All the shortcomings observed during TAC/Validation
process shall also be rectified by supplier in all the supplies
already made/to be made without any cost. The supplier shall
also be responsible to get the Acceptance Testing (A/T) done
through the A/T Wing of BSNL.
Page 128
18
Warranty
19
19.2
The entire supply shall also be governed as per all terms &
conditions as laid down in the bid document of the tender
enquiry and as modified from time to time. Any
amendment/clarification/modification issued /to be issued
shall also be applicable for this supply. However, wherever
there is a conflict, special conditions as given in section IV of
bid document and conditions given in this Purchase Order will
prevail over the general conditions given in Section-II & III in
the bid document.
20 Fall clause
21. Jurisdiction of Court : This PO/Contract is subject to jurisdiction of Court at Delhi only
Page 129
13
CHAPTER - 13
GUIDIELINES FOR PLACEMENT OF EDUCATIONAL ORDERS
13.1
The Need
The purpose of educational order is to develop new potential source of
commercial supplies by broadening the supply base and encourage
competition so that BSNL could have the benefit with regard to quality,
delivery and price and break possible cartelization among the established
vendors. This needs to be done where the capacity of the industry is
inadequate to meet the requirements of the BSNL. However, there are some
items for which the existing established base is much greater than the total
requirement of the BSNL and such production units are already under loaded
and in such cases there is no need for development of new supply sources
for placement of educational order.
13.2
Nomenclature
The nomenclature of "educational order" will include what is currently known
by the name of trial order or experimental order.
13.3
Type Approval
An educational order would be given only to a vendor who has obtained type
approval of the equipment or item of store concerned from the TEC or the QA
as the case may be.
13.4
Quantity of Order
The educational order for an item in favour of any vendor will be restricted in
a financial year to a maximum of 2 per cent of the total requirement for the
financial year and financial limit for placing an Educational Order for any item
in favour of any vendor will be Rs. One Crore. In case the requirement for the
current year is not available, it will be restricted to actual purchases made in
the previous financial year.
13.5
Price
A vendor seeking to obtain an educational order will not be expected to
participate in a bid for a tender. The order can be placed upon him subject to
various restrictions given in this chapter at a price which is at least 10% less
than the latest tender price for the current year(i.e. finalized during past 10
months) for the concerned item. In case, the tender price for the current year
is not yet available, the price would be fixed provisionally at 75% of the last
year's price which will be suitably adjusted to 90% of the current price when it
becomes available.
Page 130
13.6
13.7
Exceptions
Any exception to the above guidelines will be made only with due approval of
Business Vertical i.e. Director or CMD in BSNL Corporate Office.
***
Page 131
CHAPTER 14
14
Up to Rs 1 Lakh
Rs 100/-
ii
Rs 500/-
iii
Rs 1,000/-
iv
Rs 2,000/-
Rs 4,000/-
vi
Rs 8,000/-
vii.
Rs 10,000/-
Note: Bid documents for limited tenders of estimated cost up to Rs 50,000/(Rupees Fifty Thousand Only) may be issued free of cost. However,
bid documents for limited tenders of estimated cost above Rs 50,000/may be priced as per the details given above.
14.1.2 However, the Tender documents to MSE registered Small Scale Industries
shall be given free of cost. Before issue of such Tender documents free, they
should be asked to submit details of their registrations with MSE for the
tendered item. Their eligibility as per terms and conditions of the tender in
question should also be examined and if they meet the conditions stipulated,
they may be issued tender documents free of cost.
14.2 Preservation of tender documents
14.2.1 As per the bid documents a bidder submits 5 copies including the original bid
document. 4 copies of the bid documents are distributed among the
members of the Committee for Evaluation of Tender. Each member of the
Committee for Evaluation of Tender will preserve his copy up to a month after
the purchase orders are issued against a tender enquiry. One month after
the issue of the purchase orders the bid document may be disposed off by
the member themselves. MM Cell will continue to keep the original copy till
the contractual obligations are over.
Page 132
Page 133
15
CHAPTER - 15
CONCESSIONS TO MSE UNITS
15.1
15.2
15.3
Page 134
CHAPTER 16
16
16.1
16.2
Vendor Rating
16.2.1 The philosophy of Vendor Rating aims to help the BSNL to procure
equipment/stores from a vendor who is able to deliver the products of good
quality and at competitive prices with deliveries at a stipulated pace for
achieving planned and operational targets. Assessment of these
qualifications of a vendor, on a single point scale, to help grading the
performance of a vendor is called Vendor Rating.
16.2.2 The vendor getting the highest rating will be regarded as V-1 (similar to L-1)
and the others in the descending order of their rating for the purpose of
distribution of quantities of equipment/ materials to be ordered. However,
the ordering rate (price)for procurement will be the lowest evaluated price
out- of the rates quoted by the vendors selected for ordering on Vendor
Rating basis.
16.3
Vendor Rating (VR)
Vendor Rating will be calculated as per the formula given below:VR = 0.6 PR + 0.3 DR + 0.1 QR
Where
PR = Price Rating
DR = Delivery Rating
QR = Quality Rating
16.4
Page 135
16.5
Delivery Rating (DR)
16.5.1 The Delivery Rating will be calculated as per the formula given below:
Where
Qi <Qp
If Qi >Qp, then take Qi = Qp
Q1
= Quantity supplied within Scheduled delivery period.
SDP
= Scheduled Delivery Period or Initial Delivery Period(IDP)
Q
= Total ordered quantity
T
= Scheduled delivery period in months.
Tx
Qx
P
Qi
Qp
=
=
=
=
Q1
----Q
For calculation of DR, the following procedure as per above formula will be
adopted.
16.5.2 The period for calculation of Delivery Rating will be two years as specified in
Bid Documents. It is defined as "WINDOW".
16.5.3 All purchase orders issued during the "WINDOW" will be considered for
calculation of Delivery Rating. However, if in respect of any such P.O. the
scheduled delivery date extends beyond the "WINDOW", then in respect of
such P.O (s), the Delivery Rating shall be calculated taking into account the
supplies required to be made within the period common to both the
"WINDOW" and the scheduled delivery period that shall be taken on
prorata basis.
16.5.4 All supplies made within any period of the "WINDOW" in respect of P.Os
BSNL Revised Procurement Manual 2012
Page 136
Where
16.5.7 The Delivery Rating of vendors who have not executed any commercial
order during "WINDOW" will be rated based upon their past performance.
In case their past performance is equal to or above the average DR of the
firms under consideration, then they will be given average delivery rating.
However, if their past performance is below average delivery rating, the
actual performance will be taken for calculation of Delivery Rating. The
"WINDOW" for this purpose shall be of same duration.
16.5.8 In case of the vendors who have executed only Educational Orders, a
Delivery Rating equal to Average Industrial Rating or Delivery Rating
earned by them in Educational Orders whichever is less will be given.
16.5.9 If the delay is caused due to departmental reasons as certified by competent
authority or Force Majeure conditions, it will not be taken into account in
computing delays in supply.
16.5.10 For the purpose of calculation of Delivery Rating only, the date of delivery
will be taken as the date of issue of Inspection Certificate by QA Wing.
However, for the purpose of payments and liquidated damage, the delivery
will continue to be as stipulated in the Purchase Order.
16.5.11 The supplies should be spread evenly over the scheduled delivery period.
An uniform 60 days of initial segment (including lead period) and 30 days or
part thereof for subsequent segments (slots) are presumed, irrespective of
time allotted for the initial segment in P.O in order to observe an uniform
supply principle for computing DR.
BSNL Revised Procurement Manual 2012
Page 137
16.6
Clarifications on VRs
16.6.1 Clarification for Clause 16.5.4:
a) The Purchase Order issued prior to commencement of "WINDOW"
whose extension period alone lies within the "WINDOW" will not be
considered for DR calculation.
b) A Purchase Order which has got an extension in addition to a part of
Scheduled Delivery Period in the "WINDOW" will be considered for
the purpose of DR. In such cases the supplies effected during the
extension period also will be taken into account.
16.6.2 In respect of POs issued during "WINDOW" for which the Scheduled
Delivery Period closes within "WINDOW" and extension is issued by the
purchasing authority which may extend beyond "WINDOW", the DR in such
cases will be calculated on prorata basis taking into account the supplies
supposed to be made during "WINDOW".
16.6.3 Purchase Orders issued against BSNL (Corporate Office), tenders only will
be considered for calculation of Delivery Rating.
16.6.4 Any modification obtained by supplier on its request made after the date of
NIT which are in the nature of affecting the existing DR will not be taken into
account.
16.6.5 Advancing of supplies between segments, within Scheduled Delivery
Period will be reckoned for calculation of DR subject to the condition that
the supplies made in excess of the quantity that is required to be supplied in
that segment will be carried over to the next segment and so on. This
procedure will be uniformly applied for all POs whose Scheduled Delivery
Periods lies either fully or partly within "WINDOW".
16.6.6 In respect of PIJF cable only, irrespective of the group, the quantity of
cables supplied will be taken in terms of CKM (conductor Km) for the
purpose of DR calculation subject to the condition that the quantity so
calculated in CKM will be limited to the quantity of the cable to be supplied
in each size, as specified in the P.O.
16.6.7 DR for all the cases will be calculated by CGM (QA), Bangalore and his
decision is final.
16.7
ISO 9002
Page 138
16.8
Ordering Price
Vendor with the highest Vendor Rating will be regarded as the V-1 bidder
and the others listed in the descending order of their vendor rating for the
purpose of distribution of the quantities to be ordered. However, the
ordering rate (price) for procurement will normally be the lowest one out of
the rates (prices) quoted by the vendors selected for ordering on Vendor
Rating basis.
16.9
Implementation Methodology: Role of different Wings of BSNL
16.9.1 BSNL Corporate Office
a)
It would be the nodal point with regard to all matters related to Vendor
Rating System.
b)
The MM Branch shall incorporate all aspects of Vendor Rating that
are required to be spelt out clearly in appropriate clauses of the tender
documents.
c)
The MM Branch shall also ensure transparency of Vendor Rating
System to all concerned as per provisions contained in the tender
documents.
d)
The MM Branch shall evolve a Grievance redressal Mechanism and
be responsible for redressing any grievances of vendors with regard
to Vendor Rating issues.
e)
The Committee for Evaluation of Tender would be responsible for final
computation of the Vendor Rating figures in respect of POs placed by
BSNL Corporate Office, based on the Delivery Rating figures received
from BSNL QA and the Price Rating and Quality Rating.
16.9.2 QA Circle
Responsible for collection and processing of the Delivery Rating data from
various QA centers and consolidation of the same as per various clauses of
tender documents and submit Delivery Rating of all bidders participating in
a tender to the Purchasing Authority.
16.9.3 Role of CGMTS
a)
CGM (TS), Calcutta, would be the nodal officer with regard to all
procurements done through CGM (TS).
b)
He is responsible for incorporating suitable clauses in the tender
documents with regard to the Vendor Rating System in all tenders to
be issued in future, for the products on which Vendor Rating system is
to be applied.
c)
He is to ensure transparency of Vendor Rating system to all
concerned as per provisions in the tender documents.
d)
He has to evolve grievance redressal mechanism and be responsible
for redressing any grievance of vendors with regard to Vendor Rating
issues.
BSNL Revised Procurement Manual 2012
Page 139
e)
Page 140
CHAPTER 17
17 COPIES OF LETTERS/ CIRCULARS/ ANNEXURES
17.1 Annex-1.1
Centralized Items to be procured by BSNL Corporate Office
S. No.
Item
1
Extra Large Digital Switches, C-DOT MAX-XL & TAX including RSUs
& RLUs
10
11
12
13
14
15
16
17
18
19
Equipment
and
***
Page 141
17.2
Page 142
17.4
Page 143
In continuation to this office letter of even no. dated 27th May 2002 reverting
decentralized procurement of DLC on SDH to centralized procurement, it has
been decided that the BSNL Corporate office shall make the procurement of
following equipment centrally:
1. STM-1 and STM-4 Equipment
2. SDH Analyzers
However, following conditions will apply in respect of procurement action
already initiated by the Telecom Circles for the above equipment:
The Telecom Circles, which have already opened their tenders, may
continue with the procurement process at their own level.
However, in cases where only NIT has been issued and tenders are yet
to be opened, Circles are directed to withdraw the NIT & no procurement
action against NIT may be initiated. They are also advised to send their
requirements of STM-1, STM-4 equipment & SDH Analyzers alongwith
requisite information to the Transmission Planning Cell, BSNL Corporate
office.
This issues with the approval of CMD, BSNL and shall come into force with
immediate effect .
17.5 Decentralization of SMPS Power Plants and VRLA Battery of all sizes;
Reg.
[Jt.DDG (MMS) BSNL CO No.60-8/2000-MMS/365Dated 20-05-03]
(a) It has been decided that SMPS Power Plant and VRLA Batteries of all
sizes which were hitherto being procured by CGMTS, Kolkata centrally
stand decentralized for all Telecom Circles except for the designated
Circles viz. Assam, NE-I, NE-II, A & N, NFTF for which procurement shall
be continued by CGMTS, Kolkata with immediate effect.
All Telecom Circles, except the aforementioned designated Circles, can
now procure Power Plants/Battery of all sizes themselves under their
delegate financial powers.
(b) The procurement of these items shall be made as per the existing
guidelines issued by this office vide No.60-8/2001-MMS dated
21.6.2001.
(c) Availability of funds shall be ensured with the concurrence of IFAs.
Tender document/conditions shall be vetted by IFAs.
This issues with the approval of BSNL Board.
17.6
Page 144
Page 145
As such, where CET and PNC are formed under the Chairmanship of DGM
or below, then Empowered Committee members of one level above, may be
considered. However, only for cases where CET and PNC are formed under
the chairmanship of PGM/GM level then in these cases one level above will
be Directors of BSNL Board and it may not be appropriate to constitute the
higher Power Committee consisting of Director level. Therefore the same
committee in such case only may be allowed.
17.8 More Participation of OEMs in tenders
[AGM (MMY) BSNL CO No. 3-2/2007-MMT/Vol.I/Pt.I Dated 01-05-09]
I have been directed to communicate that stress should be laid for more and
more participation of OEMs in our tender. Whenever sufficient OEMs
participation is anticipated, eligibility conditions may be framed such that
OEMs only are allowed to participate. In case where it is felt that sufficient
prospective bidders in terms of OEMs would not be available then only they
should authorize not more than one front bidder to bid on their behalf.
17.9 Advertisement in NIT in newspapers
[AGM (MMY) BSNL CO No. 3-2/2007-MMT Dated12-06-09]
A clause on the subject is incorporated in Section-I (NIT) just below the
concise format in Procurement Manual mentioned as under and will have
immediate effect.
Clause in Procurement Manual :- The procedure for publication of NIT in
concise format in one National Daily with wide publication and Indian Trade
Journal, Kolkata along with its display in detail on BSNL website having a link
with NIC will be mandatory for a tender for and above thresh-hold value of
Rs.25 lakhs in case of procurement of goods/materials/equipments and
Rs.10 lakhs in case of tender for hiring of services. For tenders below
Rs.25 lakhs in case of procurement and below Rs.10 lakhs in case of hiring
of services, display of NIT on BSNL website with form downloadable facility
and sending it to minimum six eligible bidders will be mandatory.
17.10 Provision of a Penalty clause
[ADG (MMY) BSNL CO UO .No. 3-2/2004-MMT/Pt.III Dated 18-08-06]
The planning cells of BSNL Corporate office while processing the case of
procurement should make provision of a Penalty clause in the special
condition of the contract for delay in installation & Commissioning of the
turnkey projects.
This issues with the approval of Director (Plg. & NS).
17.11 Operating of Tender Rates of Other Units
[DOT No. 115-143/97-MMD Dated 24-04-99]
Instructions have been issued by DOT Hq. from time to time authorizing
Telecom Circles/ Districts etc. for procurement of a number of items on
decentralized purchase basis. Although concrete guidelines have been given
in such instructions, yet some of the circles have requested this office for
BSNL Revised Procurement Manual 2012
Page 146
Page 147
issued to all field units from time to time and posted on BSNL website.
Once again it is reiterated to make all efforts for bringing transparency &
probity in purchase and strictly follow the norms stipulated in Procurement
Manual & Addendum/ Amendment issued thereof, and also guidelines/
instructions issued from this office regarding procurement, which can be
downloaded from BSNL website also for ready reference.
Responsibility should be fixed and deterrent action may be initiated for any
procedural lapse and deviation from norms of procurement. Matter may also
be reported to this office for information and further action if needed in the
matter.
This issues with the approval of competent authority.
17.14 Procedures to be followed while signing/ sending the files containing
agreements/ contracts etc., for the signature of the authorized
signatory.
[CS&GM(Legal) BSNL CO No. BSNL/SECTT./21-1/2002 Dated 03-04-07]
Ref:- Circulars of even number dated 7.11.2003, 16.4.2004, 30.6.2004,
18.1.2005, issuing guidelines on the above subject.
As all concerned are kindly aware, Powers of the Company are vested
in the Board, which are exercised by the Board in accordance with the
provisions of the Companies Act 1956, Memorandum and Articles of
Association of the Company and the guidelines issued by the
Government. Accordingly, the Board of Directors, for smooth
operation of the companys business, delegated some of the powers
of routine management to the officers below the Board level. Such of
the officers piloting the agreements/contracts are, responsible and
liable for ensuring performance of the obligations that may/will arise
from such agreements, contracts etc., in the paramount interest of the
Company. Therefore, vide the circulars of this unit, detailed procedural
compliance to be adopted by various units were issued time to time.
2.
With the introduction of the e-governance and compulsory e-filling of
statutory documents, (i) each of the Director of a Company has been
allotted a unique Director Identification Number [DIN]; and (ii) each of
the company registered under the provisions of the Companies Act
1956 has been assigned a unique Corporate Identity Number [CIN] by
the Ministry of Company Affairs. With this, now, quoting of the DIN and
CIN which are the unique numbers identifying the Directors and the
corporate entity - has become imperative in all the company related
statutory documents filed with the appropriate authorities.
3.
Agreements, Contracts and MoUs etc., are being entered
into/signed/proposed routinely. With a view to protect and further
strengthen the commercial interests of the BSNL, it has been decided
that, in future, in addition to the procedural requirements laid down
earlier, the piloting/nodal officers of such Agreements, Contracts,
MoUs shall also obtain the Director Identification Number [DIN] and
BSNL Revised Procurement Manual 2012
Page 148
A.
B.
the Corporate Identity Number [CIN] of such other body corporate and
place them in the respective files. For the sake of reference, the
procedural compliance to be followed is enclosed as Annexure A,
which needs to be followed conscientiously.
4.
This issues with the approval of Chairman and Managing Director
ENCL :As above.
ANNEXURE A
PROCEDURAL COMPLIANCE TO BE ENSURED BY EACH OF THE UNIT
PILOTING AGREEMENTS, CONTRACTS, MOUS TO BE ENTERED INTO
OR TO BE SIGNED WITH OTHER BODY[IES] CORPORATE
DOCUMENTS TO BE KEPT IN THE RESPECTIVE FILES
1.
A printed copy of the latest Annual Report of such Other Body
Corporate(s)/Firm(s) or Association(s) of Persons etc. with whom the
Agreement / MoU is contemplated to be entered into/to be signed, in
case the printed copy is not available, Xerox copy of the same duly
certified by the Company Secretary/Director/Managing Director/Partner
of such Company/Firm;
2.
An updated copy of the Memorandum of Association and Articles of
Association of the Company;
3.
List of all the Directors including their name(s) and address (es)
alongwith contact telephone numbers of office and residence;
4.
Certified true copy of the Boards Managements Resolution authorizing
the official of such other Body Corporate(s) / Firm(s) or Association of
Persons etc. to sign. Agreement/ Contract/ MoU on their behalf by the
such Other Body Corporate(s) / Firm(s) or Association of Persons etc.
to sign Agreement/ Contract/ MoU;
5.
Specimen signature(s) of such authorized official duly attested by such
Companys/Firms Banker; and
6.
Director Identification Number [DIN] of all the Directors of such other
body corporate; &
7.
Corporate Identity Number[CIN] of such other body corporate
ACTION TO BE COMPLETED BEFORE SIGNING/BEFORE SENDING THE
FILE
TO THE AUTHORISED SIGNATORY/DIRECTOR(S) FOR SIGNATURE
A self contained note, indicating the
(i) approval of the competent authority for the proposed agreement,
contract, expression of interest, MoU etc.,
(ii) certificate evidencing the receipt of the documents prescribed at [A]
above,
(iii) and a copy of the document duly initialed on each page by the head of
the respective nodal branch piloting/executing the agreement
concerned; and the signature of the such other bodys authorized
signatory duly witnessed, shall be sent, with the following certificate at
Page 149
the close of the note sheet:The unit concerned has satisfied itself with regard to
(i) the particulars of the entity with whom the agreement is proposed to be
entered into;
(ii) the authorization of the signatories of such other entity; and that,
(iii) the said document / agreement is in accordance with the draft approved
by the competent authority; and each page of the document has been
initialed by the CGM/ GM/ SR. DDG/ DDG. Further certified that the
officer next in charge has been briefed about the contents of the
agreements and the legal obligations/compliances to be fulfilled, so as
to protect the interests of the BSNL
[Annexure to Circular No. BSNL/ SECTT/ 21-1/2002, dated 03.04.2007]
Page 150
Page 151
No.OFF-1-CTE-1(Pt.) VIII
Government of India
Central Vigilance Commission
Satarkta Bhawan, INA,
GPO Complex, Block-A
New Delhi:110023
Dated: 17 Aug, 2005
To
Shri Avinash Agarwal,
Jt. DDG (MMT),
Bharat Sanchar Nigam Ltd.
Statesman House, B-148, Barakhamba Road,
New Delhi-110001
Sub: Procurement of Materials through open tender Counter offers Procedure.
Sir,
Please refer to your letter No.3-2/2004-MMT dated 5-7-2005 on the subject
cited above. In this connection, it is stated that the post tender negotiations
include counter offers also.
Yours faithfully,
(P.K. Kanchan)
Technical Examiner
For Chief Technical Examiner
Page 152
Page 153
No.005/CRD/012
Government of India
Central Vigilance Commission
Satarkta Bhawan, Block-A,
GPO Complex, INA
New Delhi- 110023
Dated the 3rd March, 2007
Circular No. 4/3/07
Sub:- Tendering process - negotiations with L-1.
Reference is invited to the Commissions circulars of even number, dated
25.10.2005 and 3.10.2006. on the above cited subject. In supersession of
the instructions contained therein, the following consolidated instructions are
issued with immediate effect:
(i) As post tender negotiations could often be a source of corruption, it is
directed that there should be no post-tender negotiations with L-1,
except in certain exceptional situations. Such exceptional situations
would include, procurement of proprietary items, items with limited
sources of supply and items where there is suspicion of a cartel
formation. The justification and details of such negotiations should be
duly recorded and documented without any loss of time.
(ii) In cases where a decision is taken to go for re-tendering due to the
unreasonableness of the quoted rates, but the requirements are urgent
and a re-tender for the entire requirement would delay the availability of
the item thus jeopardizing the essential operations, maintenance and
safety, negotiations would be permitted with L-1 bidder(s) for the supply
of a bare minimum quantity. The balance quantity should, however, be
procured expeditiously through a re-tender, following the normal
tendering process.
(iii) Negotiations should not be allowed to be misused as a tool for
bargaining with L-1 with dubious intentions or lead to delays in
decision-making. Convincing reasons must be recorded by the
authority recommending negotiations. Competent authority should
exercise due diligence while accepting a tender or ordering
negotiations or calling for a re-tender and a definite time frame should
be indicated so that the time taken for according requisite approvals for
the entire process of award of tenders does not exceed one month from
the date of submission of recommendations. In cases where the
proposal is to be approved at higher levels, a maximum of 15 days
should be assigned for clearance at each level. In no case should the
overall timeframe exceed the validity period of the tender and it should
be ensured that tenders are invariably finalized within their validity
period.
BSNL Revised Procurement Manual 2012
Page 154
2.
3.
(Vineet Mathur)
Deputy Secretary
All Chief Vigilance Officers
17.16 Staggering of tenders
(Letter No. 3-1/2003-MMT Dated 25.06.2003)
In pursuance of the efforts being made to bring total transparency in
tendering/procurement activity at all levels. I have been directed to
communicate the decision of the BSNL Corporate office that tenders for the
same item should be staggered in such a manner that next tender is opened
after the expiry of the scheduled delivery period of the first tender.
17.17 Evaluation Criteria in tenders
(Letter No. 3-2/2007-MMT Dated 16.11.2010)
A letter has been received from Central Vigilance Commission (CVC), New
Delhi regarding the evaluation criteria of the tender. The case has been
examined and I am directed to state that the tender process should be open
and transparent. The evaluation criteria for all future tenders should be
defined in clear and unambiguous manner and it should be clearly specified
in the tender document.
This issues with the approval of competent authority.
Page 155
18.
CHAPTER - 18
FLOWCHART OF PROCUREMENT PROCESS
Page 156
Page 157
Chapter 19
Guidelines for taking action against vendors who default
As all concerned are aware that the BSNL being an artificial juristic person/
legal entity, does its business through the Directors/ below Board level
Executives/ Officers, who exercise the powers vested in the company through
appropriate delegation of powers made by the Board of Directors, in
accordance with Companys Memorandum of Association and Articles of
Association and the Indian Companies Act and other applicable Government
instructions/ guidelines issued from time to time.
1.1 As part of business, the company enters into various kinds of Memorandum of
Understanding (s) (MoUs)/ Agreement (s)/ Contracts (s)/ Tender(s)/ APO(s)/
PO(s) etc., or other types of arrangements with various person (s)/ Bidder (s)/
Entity (ies)/ Supplier(s)/ Vendor(s)/ Contractor(s) etc. as the case be. These
Understanding(s) (MoUs)/ Agreements (s)/ Contract(s)/ Tender (s)/ APO(s)/
PO(s) etc., or other types of arrangements may pertain to any of the business
activity(ies) of the Company e.g. Procurement/ purchase of Goods/ Materials/
Equipments/ Software/ Services of various types such as Value Added
Services, Internet Data Centres, Call Centres, House Keeping and/ or Security
Services etc.
1.2 All such activities in the company are administered/ managed by Business
Heads in the Corporate Office; CGMs/ PGMs/ GMs and other Unit Heads of
the field units, who are responsible for Administration/ Management of the
particular activity, in the capacity of Risk Management Administrators (RMSs)
as designated by the Board of Directors in the ERM Policy of the Company as
the Nodal Officers, who are assisted by the Officer-in-charge of contract.
2.
3.
Needless to reiterate that Time is essence of each contract.
3.1 Therefore, for initiating action against any errant/ defaulting bidder/ vendor/
contractor it is required that details of the tender/ APO/ PO/ Contract are
available with the respective nodal Heads in the Corporate Office; CGMs/
PGMs/ GMs and other Unit Heads of the field units who are assisted by the
respective Officer-in-Charge of Contract and are responsible for
BSNL Revised Procurement Manual 2012
Page 158
Page 159
(b) In case APO had been issued, then the APO shall be cancelled and
necessary action shall be taken to procure the tendered items/ material/
services (including L-1 quantity) from the remaining vendors.
(c) In case PO/ WO had been issued, then the PO/ WO shall be cancelled and
necessary action shall be taken as per relevant clause in Appendix-1 to
section 4 A of Chapter 4.
6.4 The business banning order issued by any tender inviting/ approving authority
will be effective for the area under his jurisdiction only.
6.4.1 However, if the tender inviting/ Approving authority finds that the defaulting
vendor should be barred for business in the area of his controlling officer also,
he shall send a self contained note, enclosing all relevant papers along with
his recommendations to his controlling officer for further action at their end.
6.4.2 The controlling officer shall examine the case from the point of view that the
default committed by the vendor justifies the action of his subordinate officer. If
satisfied, controlling officer will examine whether the default committed by the
vendor justifies banning in his area of operation also. In that case he will take
action to implement the business banning order in his area of operation.
6.5 Any complaint which has been investigated by the CBI, Vigilance wing or any
other Govt. investigating agency, on its own or as per the direction of the
competent authority and it is found that there is a need to ban the vendor, the
recommendation in this regard will be sent to the MM branch of the Circle/
BSNL corporate office through the Vigilance wing or the CVO BSNL, as the
case may be, for further necessary action.
6.6 The Court cases arising out of the banning orders issued will be dealt by the
tender inviting /approving authority (officer of his MM unit or any other officer
nominated by tender inviting/ approving authority).
7.0 Procedure for taking action against the defaulting vendor:
The procedure to be followed listing steps to be taken before proceeding
against the vendor is enclosed in Annexure-1. The required action shall be
taken by the unit in which the default is committed/ noticed. The tender
approving/ inviting authority will be the competent authority for approving the
action as mentioned in Appendix-1 to section 4A of Chapter 4.
8.0 Revocation of Orders:
8.1 A banning order passed for a specified period shall be deemed to have been
automatically revoked on the expiry of that specified period and it will not be
necessary to issue a specific formal order of revocation, except that a banning
order passed on consideration for defaults at S. No. 2, 6 & 7 of Appendix-1 to
section 4A of Chapter 4 and shall continue to remain in force until it is
specifically revoked by concerned tender inviting/ approving authority or his
controlling officer.
Page 160
9.0 If a banning order has been issued by an SSA then the appeal against banning
order shall lie with the CGM In charge of that Circle and if a banning order has
been approved by a Circle then appeal against the banning order shall lie with
CMD BSNL.
10.0 Maintenance of Up-to-date List:
Database in respect of all banned vendors, either banned by tender inviting /
approving authority (TIA) in the SSA, Circle or pan India basis, shall be
available on BSNL intranet portal.
10.1 Tender inviting authority while issuing orders for banning of business (and/ or
its revocation) shall endorse a copy to GM (MM) of BSNL C.O. who will be
responsible for updating/ maintaining the upto date list of banned vendors
along-with the period and area of banning on BSNL intranet portal.
11.0 Non Extension of Banning Orders to Allied/ Sister Concerns of a vendor:
The fact that a vendor is an allied concern of a banned vendor should not be
taken as a ground to prevent the allied/ sister concern of that vendor from
participation in BSNL tenders.
*****
Page 161
ANNEXURE-1
Sub: - Procedure to be followed for taking action against a vendor (in case of
deficiency stated in Para 1 of Appendix-1, Section 4A Chapter 4):
1. Vendor is found guilty of
(a) Submitting fake / forged Bank Instruments with the bid to meet terms &
condition of tender in respect of tender fee, EMD.
(b) Certificate for claiming exemption for the same and detection of default prior
to award of APO.
2. On noticing the default the executive in concerned unit inviting tender shall
issue a letter (with the approval of tender approving authority) to the vendor
asking him to explain his conduct on the noted default (Letter may be drafted
using sample draft enclosed at Annexure-1A).
3. On receipt of the written reply/ explanation of the vendor:
3.1 If reply is found to be satisfactory by the tender approving authority, then it may
drop the case.
3.2 In case either the explanation is not found satisfactory by the tender approving
authority or the vendor does not reply/ respond to the letter, a Notice asking
reasons/ justifications for the misconduct shall be served on the vendor. Giving
him 7 days time to respond (Notice may be drafted using sample draft enclosed
at Annexure-1B (i) or 1B (ii), as applicable).
4. On receipt of the written reply/ explanation stating reasons/ justifications for his
misconduct of the vendor:
4.1 If reasons/ justifications are found to be satisfactory by the tender approving
authority then it may drop the case.
4.2 If reasons/ justifications are not found acceptable by the tender approving
authority then it will take necessary action to issue Business banning/ barring
order. [Business banning/ barring order may be drafted using sample draft
enclosed at Draft at Annexure-1C (i)]
5. In the case the vendor does not reply/ respond to the notice, then the tender
approving authority will take necessary action to issue Business banning /
barring order. [Business banning/ barring order may be drafted using sample
draft enclosed at Draft at Annexure-1C (ii).
Note 1:- In case of other defaults listed in Appendix-1, Section 4A Chapter 4, tender
approving authority will take action in similar way as per above listed procedure.
Note 2:- The above penalties will be imposed provided it does not clash with the
provision of the respective tender.
Note 3:- In case of clash between these guidelines & provision of invited tender, the
provision in the respective tender shall prevail over these guidelines.
Page 162
ANNEXURE- 1A
Letter to vendor intimating deficiency & asking him to submit his reply
(Sample Draft)
Regd. AD
No. Dated.
Sub: Deficiency in EMD and/ or tender fee received from you.
Your Ref:- Offer/ bid received against BSNL tender no..opened
on. .for procurement of
We find that:
a) DD No. dated ... drawn on . (Bank & Branch)
received from you towards EMD and/ or tender fee along with your bid/ offer
against the above mentioned tender is fake/ forged.
b) This is based on the report received from (Designation
of officer) of .. .
(Banks name and address).
As a genuine bidder you are expected to submit a genuine bank instrument for
EMD which you have not done.
Kindly explain your conduct in this regard and submit a written reply.
Your reply should reach the undersigned within 7 days of receipt of this letter or
15 days from the date of issue of this letter.
Yours sincerely,
Signature
Name .
Designation: DGM
Copy to: - 2) O/c.
Page 163
ANNEXURE-1B (i)
Notice to vendor who has replied to the letter and his reply is not found satisfactory
by the Tender Inviting/ Approving Authority (Sample Draft)
Regd. AD
No. Dated.
NOTICE
Sub: Deficiency in EMD and/ or tender fee received from you.
Your Ref.: - 1) No.dated.. from ..
2) Offer/ bid received against BSNL tender no..opened
on. .for procurement of
We are in receipt of your above referred letter explaining the reasons for
deficiency noted in DD submitted by you towards EMD and/ or tender fee against
our tender Noopened on..
We find that the reasons furnished by you in your reply for submission of fake
/ forged DD are not acceptable.
It will be relevant to mention that submission of fake / forged DD indicates
that you are not a trustable firm & invites penalty of banning of business dealing with
your firm.
You are hereby given a notice to submit your written reply indicating any
further reason/ justification for submission of fake/ forged DD.
Your reply should reach the undersigned within 7 days of receipt of this letter
or 15 days from the date of issue of this letter, failing which we will be constrained to
initiate action for banning of business dealing with your firm.
Yours sincerely,
Signature
Name .
Designation: DGM
Copy to: - 2) O/c.
BSNL Revised Procurement Manual 2012
Page 164
ANNEXURE-1B (ii)
Letter to vendor who has not replied to the letter issued by the Tender Inviting/
Approving Authority asking him to submit his written reply (Sample Draft)
Regd. AD
No. Dated.
NOTICE
Sub: Deficiency in EMD and/ or tender fee received from you.
Our Ref.:- Letter no. Dated . From .
Your Ref.: - 1) Offer/ bid received against BSNL tender no..opened
on. .for procurement of
Kindly refer to our above mentioned letter wherein we had asked you to
explain your conduct on the deficiency noted by us in you offer/ bid.
We have not received any reply from you which implies that you accept the
error intimated to you and you have nothing to submit /say on the matter.
Submission of fake /forged DD as EMD and or tender fee is a grave default
from a responsible firm and invites serious penalties like banning of business
dealing.
You are hereby given a notice to submit your written reply indicating any
further reason/ justification for submission of fake /forged DD.
Your reply should reach the undersigned within 7 days of receipt of this letter
or 15 days from the issue of this letter, failing which we will be constrained to initiate
action for banning of business dealing with your firm.
Yours sincerely,
Signature
Name .
Designation: DGM
Copy to: - 2) O/c.
Page 165
ANNEXURE-1C (i)
Business banning order to vendor for submission of fake/ forged DD towards EMD
and or tender fee (in case written reply received against Notice is not acceptable)
(Sample Draft)
Regd. AD
No. Dated.
Sub: Banning of business dealing with your firm.
Your Ref: 1) No.dated.. from ..
2) Offer/ bid received against BSNL tender no..opened
on. .for procurement of
We are in receipt of your reply vide above mentioned letter in response to our
Notice intimating deficiency in EMD and/ or tender fee received from you.
We find that the reasons/ justifications furnished by you in your reply for
submission of fake / forged DD are not acceptable and warrant necessary action as
per policy of BSNL.
I am directed to intimate that the competent authority has found the deficiency
to be serious and thereby decided to ban business dealings with your firm for a
period of three years which will be effective from.(date) which may
please be noted.
Yours sincerely,
Signature
Name
Designation: DGM ..
Copy to: - 2) O/c.
3) GM (MM), BSNL CO, New Delhi for infn.
Page 166
ANNEXURE-1 C (ii)
Business banning order to vendor for submission of fake/ forged DD towards EMD
and or tender fee (in case written reply against Notice is not received)
(Sample Draft)
Regd. AD
No. Dated.
Sub: Banning of business dealing with your firm.
Our Ref.:- Notice no. Dated . From .
Your Ref: 1) Offer/ bid received against BSNL tender no..opened
on. .for procurement of
Kindly refer to our above mentioned Notice wherein we had asked you to
submit your written reply indicating reason/ justification on the deficiency intimated
to you in your offer/ bid.
We have not received any reply from you against our notice under reference
which implies that you accept the default committed by you and you have nothing to
say/ submit further.
I am directed to intimate that the competent authority has found the deficiency
to be serious and thereby decided to ban business dealings with your firm for a
period of three years which will be effective from.(date) which may
please be noted.
Yours sincerely,
Signature
Name
Designation: DGM
Copy to: - 2) O/c.
3) GM (MM), BSNL CO, New Delhi for infn.
*****
BSNL Revised Procurement Manual 2012
Page 167
Action to be taken
B
Submitting fake / forged
C
i) Rejection of tender bid of respective
Vendor.
ii) Banning of business for 3 years
a) Bank Instruments with the bid
which implies barring further dealing
to meet terms & condition of
with the vendor for procurement of
tender in respect of tender fee
Goods & Services including
and/ or EMD;
participation in future tenders invited by
BSNL for 3 years from date of issue of
b) Certificate for claiming
exemption in respect of tender fee banning order.
iii) Termination/ Short Closure of
and/ or EMD;
PO/WO, if issued. This implies
non-acceptance of further supplies /
and detection of default at any
work & services except to make the
stage from receipt of bids till
already received material work/
award of APO/ issue of PO/WO.
complete work in hand.
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)
Page 168
S.
No.
A
1(b)
cont
d.
Action to be taken
B
(iii) If detection of default after
receipt of PG/ SD (DD,BG etc.) .
C
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.
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.
Non-receipt of acceptance of
Forfeiture of EMD.
APO/ AWO and SD/ PG by L-1
bidder within time period specified
in APO/ AWO.
Page 169
S.
No.
A
4.1
Action to be taken
B
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.
C
i) Termination of PO/ WO.
ii) Under take purchase/ work at the
& cost of defaulting vendor.
risk
iii) Recover the excess charges if
incurred from the PG/ SD and
outstanding bills of the defaulting
Vendor.
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.
4.2
5.1
Page 170
S.
No.
A
5.2
Action to be taken
B
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).
C
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.
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.
Page 171
S.
No.
A
7
contd.
Action to be taken
C
( Continued from page 178)
iv) Legal action will be initiated by
BSNL against the Vendor if required.
Page 172
S.
No.
A
8
contd.
Action to be taken
C
Undertake recovery of financial penalty
from outstanding dues of vendor
including PG/ SD.
10
Page 173
S.
No.
A
10
contd.
11
12
Action to be taken
C
iii) Take legal recourse i.e. filing
recovery suite in appropriate court.
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 BSNLs dues, whichever is
later.
Take Action as per the directions of
CBI or concerned department.
Page 174
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.
*****
Page 175