Civil BSNL Manual For Procurement of Good Eqpt Booklet 28 Mar 19

BHARAT SANCHAR NIGAM LIMITED
(A Government of India Enterprise)
MANUAL OF PROCUREMENT
OF
GOODS/EQUIPMENT
in BW UNIT
(Effective from March 2019)
Bharat Sanchar Nigam Limited

Bharat Sanchar Bhawan, Janpath
New Delhi - 110001
Visit us at: www.bsnl.co.in
BSNL Procurement Manual for BW Unit Page 1

INDEX
1.PREAMBLE ..................................................................................................... 5-7
1.1. Introduction ................................................................................................. 5
1.2. Purchase of goods for purchase up to Rs 25000/- ...................................... 6
1.3. Purchase of goods by Purchase Committee ............................................... 6
1.4. Open/Advertised Tender ............................................................................. 6
1.5. Limited Tender ............................................................................................ 6
1.6. Bidding System ........................................................................................... 7
1.7 Rate Contract……………………………………………………………………..7
1.8. E-Procurement ............................................................................................ 7
CHAPTER - 2.................................................................................................... 8-11

2.GUIDELINES FOR USER SECTIONS ............................................................... 8
2.1. Role of the User Section ............................................................................. 8
2.2. Need/ Quantity ............................................................................................ 8
2.4. Estimated Rates .......................................................................................... 9
2.5. Deciding the Eligibility Criteria ..................................................................... 9
2.6. Guidelines for Framing the Specifications and Technical Requirements..... 9
2.7. Special Instructions to Bidders and Special Conditions of Contract .......... 10
2.9. Authorities competent to purchase goods and their Purchase Powers ..... 11
2.10. Check-List for Requisition for Procurement of Material ............................. 11
CHAPTER - 3.................................................................................................. 12-18

3.BID DOCUMENTS ............................................................................................ 12
3.1. Preparation of Tender Enquiry Document ................................................. 12
3.2. Standard Tender Enquiry Document ......................................................... 12
3.3. Section-1–Detailed Notice Inviting Tender (DNIT)& Newspaper NIT.. ...... 13
3.4. Section-2 – Tender Information ............................................................. ….13
3.5. Section-3–Scope of work,Tech.Specs./Requirements & SOR…………...13
3.6. Section-4 Part A - General Instructions to Bidders(GIB)…………………..14
3.7. Section-4 Part B - Special Instructions to Bidders (SIB) ........................... 14
3.8.Section-5 Part A–General (Commercial) Conditions of Contract (GCC) .... ..16
3.9. Section-5 B – Special (Commercial) Conditions of Contract (SCC)……...16
3.10. Section 9 – Price Schedule ....................................................................... 17

3.11. Pre-bid clarifications and amendments in the tender document ................ 17
CHAPTER - 4.................................................................................................. 19-88

4.STANDARD TENDER ENQUIRY DOCUMENT…………. ............................. …20
SECTION – 1 Part A - DETAILED NIT ……………………………………….…21
SECTION - 2 – TENDER INFORMATION……………………………………….25
SECTION-3 Part A - SCOPE OF WORK …………………………………….... 27
SECTION-3 PART B - TECH. SPECS./ REQUIREMENTS …………………..28
SECTION-3 PART C - SCHEDULE OF QUANTITIES ………………….....29
SECTION-4 PARTA - GENERAL INSTRUCTIONS TO BIDDERS (GIB) …..30
SECTION –4 PART B - SPECIAL INSTRUCTIONS TO BIDDERS …….…….46
SECTION-4 PART C - E-TENDERING INSTRUCTIONS TO BIDDERS ……..47
SECTION-5 PART A - GENERAL (COMMERCIAL) CONDITIONS OF
CONTRACT………………………………………………56
SECTION-5 PART B - SPECIAL (COMMERCIAL) CONDITIONS OF
CONTRACT….. …………………………….….…….......71
SECTION-5 PART C - GENERAL CONDITIONS of AMC …… .………......….72
SECTION-6 …………………………………………………………..…………….73
PART A- UNDERTAKING & DECLARATION………………………………….73
PARTB - NEAR RELATION CERTIFICATE .…………….……………….....… 74
SECTION -7 - PROFORMAS ..…………..…………………..…………...….…. 75
PART A - BID BOND GUARANTEE ……..…………………………...….……..…75
PART B - PERFORMANCE GUARANTEE ………………………..………….….77
PART C - LETTER OF AUTHORISATION FOR ATTENDING BID OPENING ..79
PART D - Model Amendment Letter Intimating Conditions for Extension
OF DELIVERYPERIOD ……..………………………...……….……..80
PART E - Model Amendment Letter for Extension of Delivery Period………....82
SECTION- 8 - BIDDER'S PROFILE AND QUESTIONNAIRE ……..……….…84
SECTION-9 ………..……………………………………..……………………......86
PART-A - BID FORM ………..…………………………..……………………….86
PART-B (I) - PRICE SCHEDULE FOR INDIGENOUS EQUIPMENT …......88

CHAPTER-5 - BID BOND GUARANTEE OR EARNEST MONEY DEPOSIT
(EMD)…………………………………………………………..….89
CHAPTER-6 - OPENING OF BIDS…………………..………….………………91-94
CHAPTER-7 - Scrutiny of Tender ………………………………………….... 95
CHAPTER-8 - Check list for Requisition of Equipment/Goods before placing
purchase order…………………..…………………………….……..….……..96
116
CHAPTER-9 - PERFORMANCE BANK GUARANTEE………………………..97
CHAPTER-10 - ADVANCE PURCHASE ORDER …………………………………101
ADVANCE PURCHASE ORDER FORMAT …………………………………..102
CHAPTER-11 PURCHASE ORDER ………………………………..……………..….106
PURCHASE ORDER FORMAT …………………..…………………..…..……107
CHAPTER-12 - PRICING AND PRESERVATION OF THE TENDER
DOCUMENTS………………………………………………….…111
CHAPTER-13 - CONCESSIONS TO MSE UNITS…………………………….…...112
CHAPTER-14 - COPIES OF LETTERS/ CIRCULARS/ ANNEXURES..……..113
CHAPTER-15- GUIDELINES FOR TAKING ACTION AGAINST VENDORS
WHO DEFAULT …125
APPENDIX-1 TO SECTION 4 PART A UNDER CHAPTER 4 for
STANDARD TENDER ENQUIRY DOCUMENT……………..136-143

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. For Building Works/ Procurement of Services, BSNL BW unit has been
following CPWD Manual and other related documents/guidelines as issued
by BSNL from time to time. However the provisions of this Procurement
Manual are meant for procurement of goods only as outlined in Para 1.1.5
below.
1.1.3. In addition to above, there are items which are procured by BW Unit of BSNL
in course of execution of Building Works for BSNL and works (called external
works) of other government organizations/departments/entities. These items
are furniture and furnishing items, modular furniture/work
stations,Curtains,signage/name plates/logo, horticulture items like plants,
turf etc, tower material and part thereof, foundation stone /inauguration stone,
flower/bouquet, festoons, construction chemicals, anti-termite chemicals,
building materials for completion of balance work, computer & computer
peripherals, site equipment / tools etc..
1.1.4. This manual contains the detailed procedures, guidelines to be followed by
BSNL BW unit to ensure smoother and faster decision making. While the
Manual aims at providing broad procedures for procurement of goods, 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 of goods by a purchase committee, wherever
applicable, the procedure shall be as defined in defined below.
1.1.5. With the formation of BSNL as a corporate entity in a Liberalized Telecom
Market where BSNL has to compete with a large number of competitors, it is
imperative for BSNL to serve in the competitive environment. For such a
scenario, it is essential not only to see the cost of materials being procured
but also the time required for its procurement as well as successful

implementation so as to make its presence felt among various competitors.
Thus, not only the cost and time factor is required to be taken into
consideration but at the same time the cost of opportunity lost due to long
gestation period of procurement and implementation is also to be taken into
consideration i.e., the business opportunity is also one of the most important
factors for implementation of any such venture/project. Hence, under such
circumstances, it is essential to take an overall view for cost of material, time
for procurement, method of procurement as well as business opportunity for
any such venture/project. In such a situation, the Management Committee /
BSNL Board may decide the methodology to be adopted for such
procurement taking into consideration cost, time as well as business
opportunities as situation warrants. Following methodologies can be adopted:
1.2. Purchase of goods for purchases worth up to Rs 25,000/-

In a situation where the requirement is of an immediate nature and absolutely
essential in the interest of work, purchase up to Rs 25,000/- (Rs twenty five
thousand only) on each occasion may be made as per Rule 154 of GFR
2017.Purchase may be made at SDE (C) level. However EE(C) shall be
competent authority to decide the urgency, in writing.
1.3. Purchase of goods by purchase committeefor purchases worth above

Rs 25,000/- and upto Rs 2,50,000/-
Purchase of goods costing above Rs 25,000/- and up to Rs 2,50,000/- on
each occasion as per Rule 155 of GFR 2017 may be made on the
recommendation of a duly constituted Local Purchase Committee consisting
of three members of appropriate level as decided by the competent authority
i.e. SE (C).Generally committee shall consist of EE (C) concerned, AGM or
equivalent nominated by User Section and FO to CE (C).The
recommendations of the committee shall be approved by SE (C) and
purchase be made by EE (C) concerned thereafter.
1.4. Open/Advertised Tender
This mode may be used for procurement of goods estimated to cost Rs 2.5
Lakhs and above as per Rule 161 of GFR 2017.However this mode may be
adopted for goods estimated to cost below Rs 2.5 Lakhs also.
1.5. Limited Tender
This mode as per Rule 162 of GFR 2017 is generally to be adopted for
procurement of goods estimated to cost upto Rs 25 Lakhs. The tender
documents are issued to only those suppliers/vendors which are registered
with BSNL.The BSNL BW unit shall register suppliers/vendors in a fair and
transparent manner for a fixed period (between one to three years).

1.6. Bidding System
For the purpose of Clause 1.4 and 1.5 above, following systems of bidding
may be adopted
i) Single stage single envelope system
This may be followed where qualitative requirements and technical
specifications are clear, capability of source of supply is not critical and
value of procurement is low to moderate. In this system eligibility details,
technical/commercial and financial quote/details are submitted together
in same envelope
ii) Single stage two envelope system
In case of technically complex requirements and capability of source of
supply is not crucial and value of procurement is not low, this system may
be followed. The first envelope should contain eligibility, technical and
performance aspects, commercial terms and conditions and bid
document and instruments of cost of bid document and Earnest money
deposit (EMD) sought in the tender. The second envelope should contain
financial/price quote along with other financial details. Both the envelopes,
duly sealed, should be placed in third outer sealed envelope. The first
envelope containing techno-commercial bid shall be opened first. The
second envelope containing financial bid of only those bidders shall be
opened which qualify after evaluation of techno-commercial bid.
1.7. Rate Contract Route

Certain routine items/ services of mass consumption and recurring nature
are required in the organization, but their precise quantity may not be known.
In such cases, the rate contract (RC) route of procurement may be adopted
valid for a specific period not exceeding a year. BSNL should have own rate
contracts and should not depend on other agencies for this purpose.
1.8. 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. Meanwhile a set of instructions in this regard has been
brought out in Section-4 part C under Chapter 4 of the Manual. It has been
decided to process the Procurement cases of amount of Rs Two lakhs and
above through e-tendering method.
***
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 providing details in respect of technical and functional
requirement and quantity along with broad specifications or other unique
functional requirements.
2.1.2. Delay in finalization of tenders often leads to delay in project completion.
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 too 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
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. Estimated Rates
2.3.1. Estimated rates are often worked out in an adhoc, unprofessional and
perfunctory manner. As estimated rate is a vital element in establishing the
reasonableness of prices, it is important that the same is worked out in a
realistic and objective manner on the basis of prevailing market rates, last
purchase prices, economic indices for the raw material/ labour, other input
costs and assessment based on intrinsic value of the item etc. If possible
and required a detailed analysis may be done to arrive at reasonably realistic
estimated rates.
2.3.2. The estimated rates should be worked out while keeping in view the above
on case-to-case basis and should be vetted by finance wing before issue of
NIT.
2.4. Deciding the Eligibility Criteria

2.4.1. Credentials, manufacturing capability, quality control systems, past
performance for the goods in question, facility for after-sales service,
financial background etc. of the supplier(s) may be considered while framing
the eligibility conditions.
2.4.2. In case there is a change in the eligibility conditions with reference to the last
successful procurement of same item, or if the good is being procured for
the first time, then before issue of NIT it should be checked that sufficient
bidders would meet the eligibility criteria. A vendor conference, before issue
of NIT, with established suppliers, may be held, if required.
2.4.3 The eligible Micro & Small Enterprises (MSEs) shall be given the preferences
as detailed in Chapter 13.
2.4.4 Requirement for minimum financial turn over Criteria
The prequalification criteria in respect of minimum annual financial turnover
of a bidder should be kept in such a way as to facilitate the participation of
more bidders. It should neither be very stringent nor too lax. It should be
decided by the competent authority in terms of delegated powers on case to
case basis.
2.4.5 Requirement for experience criteria
The prequalification criteria in respect of experience of the bidder in respect
of having performed similar works should also be part of eligibility.The criteria
regarding satisfactory performance of goods supplied or satisfactory
execution of works etc. may be incorporated according to BSNL guidelines.
2.5. Guidelines for Framing the Specifications and Technical Requirements

2.5.1. The specification of the required good should be framed in such a manner
that it attracts sufficient number of bidders. The specification, while
maintaining the essential requirement of the user department, should not be
too restrictive or too lenient. Efforts should also be made to use standard
specifications which are widely known to the industry.

2.5.2. 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.
2.5.3. Specifications should call for new unused goods.
2.5.4. Specifications shall aim at the latest proven materials &technology and
procurement of obsolete goods/ shall not be made.
2.5.5. Specifications should have emphasis on factors like efficiency, suitability vis
a vis technical & functional requirements, use of environmental friendly
materials, low maintenance cost etc.
2.5.6. The specifications should also take care of the country’s mandatory and
statutory regulations, if any, applicable for the goods to be purchased.
2.5.7. 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 three
brands”.
2.5.8. Schedule of Requirement (SOR)
The Schedule of Requirement (SOR) should be prepared meticulously and
it should be clearly indicated that what details are expected in the detailed
Bill of Material (BOM) for each SOR item. This issue should be specially
considered while dealing with projects having number of SOR items.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.
2.5.9. 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. Special Instructions to Bidders and Special Conditions of Contract

Competent authority may introduce additional instructions to bidders and
special commercial conditions of contract, as necessary. These special
conditions and/ or instructions shall constitute the Section- 4 B & 5 B of the
tender enquiry document as explained in Chapter 3.

2.7. Authorities competent to purchase goods and their Purchase Powers
2.7.1. The competency for purchase of goods required for use by the client/user
shall be in accordance with Schedule of Delegation of Financial Powers
issued by BSNL Corporate Office for procurement of services by BW unit,
following the general procedure contained in this manual.
2.7.2. The Board of Directors of BSNL has full powers for procurement of goods
and services.
2.7.3. A demand should not be split into small quantities for the sole purpose of
avoiding the necessity of taking approval of the higher authority required for
sanctioning the purchase of the original demand.
2.7.4. Amendment in any commercial condition of the contract may be with the
explicit approval of Management Committee of BSNL Board.
2.8. Check-List of Items in a Requisition for Procurement of Material

2.8.1. Information to be given by user section to BW unit along with requisition.
S.No. Item Status
(Y/N)
1 Details of items along with quantity
2 Administrative approval of competent authority
3 Concurrence from finance
4 Technical specification
This issues with the approval of PGM ( ) / GM ( )/ concerned head of User

Unit
(signature)
AGM ( )/ DGM ( )
User Section
2.8.2. Incomplete requisitions not containing above data will be returned forthwith.
2.8.3. 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.

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 Technical Specifications/ Requirements
3 Part C Schedule of Quantities (SOQ)
4 Part A General Instructions to Bidders(GIB)
4 Part B Special Instructions to Bidders(SIB)
4 Part C E-tendering Instructions to Bidders (If applicable)
5 Part A General (Commercial) Conditions of Contract (GCC)
5 Part B Special (Commercial) Conditions of Contract (SCC)
5 Part C General Conditions of AMC ( If applicable)

6. Undertaking & declaration
7. Proforma (s)
8. Bidder’s profile & Questionnaire.
9. Bid Form & Price Schedule
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. Section-1–Detailed Notice Inviting Tender (DNIT) & Newspaper NIT

(NNIT)
3.3.1. The Detailed Notice Inviting Tender (DNIT) should contain:
Mode of tender i.e. whether online (e-Tendering) or offline i.e. Manual
Brief description of the goods and quantity
Eligibility conditions
Period and terms of delivery
Cost of the tender/ bidding document
Place(s) and timing of sale of tender documents
Place and deadline for receipt of tenders
Place, time & date for opening of tenders
Amount of Bid Security / Earnest Money Deposit
Any other important information
3.3.2. 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. website of respective Circle and
provide a link to e-tendering portal.
3.3.3. After issue of NIT, eligibility conditions should not be changed.
3.4 Section 2-Tender Information

This section provides important information of the tender in respect of Tender
methodology, Type of Tender, Envelope system, Bid validity, Payment
terms, Delivery Schedule, consignee details etc.
3.5 Section 3- Scope of Work, Technical Specifications/Requirements and

SOR
3.5.1 Section 3, Part A under Chapter 4 provides information on Scope of Work.
3.5.2 Section 3 Part B – under Chapter 4 provides Technical
specifications/Requirements.
3.5.2.1 Aspects to be considered while framing the Technical Requirements and
Specifications are mentioned in the previous chapter in Para2.5.
3.5.2.2 There shall be no change in specifications once tender has been opened.
Purchase orders and supplies shall be strictly as per the specifications laid
down in the tender. Delivery period extension for purchase order, if
considered, shall also be with the same specification as given in tender.
Any change in specifications after issue of tender shall be applicable to
subsequent tenders only.
3.6 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 B–‘Special 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 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.

3.7.4.2 Bid Security (refer GIB clause 12):
The value of Bid Security (EMD/ EMBG) should be specified in Section-4-
B. In case there is more than one package in the tender, each having a
separate Bid Security, then the Bid Security for each package should be
clearly mentioned.
3.7.5 In addition to above, Section-4 B may also have clauses on the following
items/ topics which may complement/ supersede the corresponding
clauses of Section-4 Part A (GIB). The list is not exhaustive and actual
clauses have to be framed on case-to-case basis.
3.7.5.1 Clarification of Bid Documents (refer GIB clause 5):
Depending on the time allowed for submission of tender, nature of the
goods, urgency of requirement etc., the cut-off time for receiving and
processing requests from the prospective bidders may be shorter or
longer than twenty one days. The principle behind providing such cut-off
date is to disallow the bidders in raising irrelevant queries up to the last
moment before tender opening thereby delaying the opening of tenders.
3.7.5.2 Documents Comprising the Bid (refer GIB clause 7):
If the goods required are highly sophisticated and costly, the purchaser
may need some more documents from the bidders along with their
tenders. In such a case, requirement of those special documents is also
to be incorporated in Section-4-B.
3.7.5.3 Bid Prices (refer GIB clause 9):
This is an important area and due care should be taken for formulating
this clause depending on the nature of the goods, requirement of
incidental service, terms of delivery etc.
3.7.5.4 The best terms of delivery, so far as the purchaser is concerned is CIP
destination, wherein the goods are received by the purchaser at the
desired place as incorporated in the tender enquiry document.
3.7.5.5 Documents Establishing Bidder’s Eligibility and Qualifications (refer GIB
Clause 10):
In order to establish the eligibility and fulfillment of the qualification criteria,
some documents in addition to those mentioned in GIB clause 10 might
be required. Such documents should be specified in Section-4-B (SIB).
These may include experience certificates, authorization from the
technology partner, MOU, etc.
3.7.5.6 Sealing and Signing of Bid (refer GIB clause 14) and Opening of Bids by
Purchaser (refer GIB clause 19):
In case of two bid system, at the first stage, only the technical bids will be
opened and evaluated by the techno-commercial evaluation committee/
authority. Financial bids of only techno-commercially acceptable offers
shall be opened at the second stage.
3.7.5.7 Additional factors to be considered for evaluation of tender (refer GIB sub-
clause 21.3):

Generally, for purchase of standard goods for normal use, no such
additional factor may be needed. However, for purchase of highly
sophisticated and costly equipment, where the operating cost,
maintenance cost, efficiency and productivity of the equipment have
significant impact on the overall cost structure and economy for operating
the equipment, suitable parameters may be incorporated in the tender
document for evaluation of the tenders on equitable basis by considering
the monetary impacts for such parameters. Such details should be
formulated by qualified and competent personnel and incorporated in the
document with the approval of the competent authority.
3.8 Section-5 Part A - General (Commercial)Conditions of Contract(GCC)

This section provides the general rules, regulations and conditions which
will guide the resultant contract. This section is to be incorporated
unchanged in the tender enquiry document. However, here also, there
may be some purchase specific contractual conditions, which are to be
suitably incorporated in the tender enquiry documents. Such special
conditions are to be included in Section 5-B - ‘Special (Commercial)
Conditions of Contract’ and Section 3-Part B–‘Technical Specifications’ as
elaborated in following paragraphs.
3.9 Section-5-B - Special (Commercial) Conditions of Contract (SCC)

3.9.1 The areas of the General (Commercial) Conditions of Contract (GCC), in
which specific data/ details are to be provided and/or which need
modification to take care of special situations for a particular purchase
case can easily be located by going through the GCC clauses. However,
while doing so, it should be ensured that such modifications remain within
the framework of the procurement policies of BSNL.
3.9.2 The approval of the Tender accepting authority must be taken while
framing such details and before incorporating the same in the Special
(Commercial) Conditions of Contract (SCC).
3.9.3 The guidelines for preparing Section-5-Part B (SCC) along with
corresponding cross-reference with Section-5 Part A (GCC) provision is
available in this section. As also indicated therein, the provisions in the
Special (Commercial) Conditionsof Contract (SCC) will supersede the
corresponding provisions in the General (Commercial) Conditions of
Contract (GCC) in case of conflict.
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
requirements of BSNL in the competitive environment. 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 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 goods/equipment after it has been put to 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 Payment Terms (refer GCC clause 11):

 The terms and mode of payment will depend on the milestones
defined here which may again depend upon nature of the goods,
terms of delivery, requirement of incidental services, etc.
 The documents needed for effecting the payments are also to be
specified accordingly.
3.9.4.5 Liquidated Damages (LD) (refer GCC clause 16):

The LD defined in Section-5 Part A (GCC) is only for the delay in supply
of goods. However, if the contract involves services such as Installation,
commissioning, etc., then the penalties applicable, when there is delay
in executing such services, should be mentioned in Section-5 Part B
(SCC).
3.10 Section 9 – Price Schedule

There are two price schedules, Part-A and Part–B for indigenous and
imported items respectively, which are self-explanatory.
3.11 Pre-bid clarifications and amendments in the tender document
3.11.1 After issue of tender document, a number of queries are sometimes received
and pre-bid clarifications are issued by BSNL. Sometimes, the same clause
gets clarified in contradictory manner against different clarifications.

Sometimes the original clause gets amended but the language of new clause
is not clear as the clarification is replied simply as “Yes please” or “agreed”
or “accepted”. During evaluation and subsequently while preparing special
conditions for issue of APO/ PO, lot of difficulty is faced. In this regard, the
clarifications issued should be unambiguous and if any clause is getting
modified, then the amended clause should be stated in proper language.
3.11.2 When a large number of clarifications have been issued resulting in number
of changes in the tender clauses, then after issue of the pre-bid clarification,
BSNL should issue the updated tender document incorporating all the
relevant clarifications and amended clauses just below the original clause.
If printing of the amended document may not be possible due to time
constraint, then it should be uploaded on BSNL Website/ electronic tender
portal. In such cases, the bidders should be asked to submit the clause-by-
clause compliance of this amended tender document only and for
evaluation, the competent authority should rely only on the amended
document.

CHAPTER– 4
STANDARD TENDER ENQUIRY DOCUMENT

SECTION-1
...
From: To,
(Designation and address of authority inviting
tender).................................................
.................................................
No. ……… Dated:

Sub: - Tender documents for ………………
Tender No.: issued on ………
Please find enclosed the tender document in respect of above mentioned tender
which contains the following.
Section No. Item Page No.
1.Part A Detailed NIT
1. Part B Newspaper NIT
2. Tender Information
3 Part A Scope of work
3 Part B Technical Specifications/ Requirements
3 Part C Schedule of Requirements(SOR)
4 Part A General Instructions to Bidders(GIB)
4 Part B Special Instructions to Bidders(SIB)
4 Part C E-tendering Instructions to Bidders (If applicable)
5 Part A General (Commercial) Conditions of Contract
(GCC)
5 Part B Special (Commercial) Conditions of Contract (SCC)
6 Undertaking & declaration
7 Proforma (s)
8 Bidder’s profile & Questionnaire.
9 Bid Form & Price Schedule

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.
Designation of authority inviting tender

Tel.:
E-Mail:
----------------------------------------------------------------------------------------------------------------------------- ---------
Regd. Off.: BSNL, Bharat Sanchar Bhawan, Janpath New Delhi -110 001. Web: www.bsnl.co.in

SECTION – 1 Part A
Detailed NOTICE INVITING E-TENDER (DNIT)

…..
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. E.E on behalf of CMD,
BSNL for supply of following Items or undertaking following works (as applicable).
S. No. Name of the Estimated Cost Bid Cost of Bid

Item/ Work Security/Earnest Document
Money
Deposit Amount
for the tender
Note 1: 25 % 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-1shall be deleted in case the tender does not have provision for reservations
for MSE units)
2. Purchase of Tender Document: Tender document can be obtained by
downloading it from the website ……………….…….. (write address of
concerned website) e.g. “www.bsnl.co.in” following “Link for E-tenders by
BSNL” in case of tenders invited through e-tendering process.
Tenders invited through manual bidding process shall be available
at ….…..…… (write address of office) e.g. “www.bsnl.co.in”.
2.1 The bidders downloading the tender document are required to submit the
tender fee amount through DD/ Banker’s cheque along with their tender bid
failing which the tender bid shall be left archived unopened/ rejected.
The DD/ banker’s cheque shall be drawn from any Nationalized/ Scheduled
Bank in favour of ………………..………(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 The tender documents shall be issued free of cost to MSE bidders on
production of requisite proof in respect of valid certification from MSME for
the tendered item.
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. “” 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 2: The Tender document shall not be available for download on its submission
/ closing date.
4. Eligibility Criteria: - The bidder should have

a) <ELIGIBILITY CONDITIONS TO BE MENTIONED
HERE> ………………………….
b) Valid PAN No.
c) Valid GST Registration Certificate No. or exemption certificate No if
any.
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:
5.1 The bidder shall furnish the bid security/EMD in one of the following ways:-
(a) Demand Draft/ Banker’s cheque drawn 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) e.g. “New Delhi” either separately for
each package or total for all no. of packages participated.
b) Bank Guarantee from a scheduled bank drawn in favour
of………………. (State Designation of concerned officer ) e.g. ‘DGM
(MMT), Bharat Sanchar Nigam Limited, Corporate Office, New Delhi
which should be valid for ……… days (i.e. one month beyondthe offer
validity period subject to maximum of 210 days) from the tender
opening date, separately for each package participated.
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.
6. 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 3: In case the date of submission (opening) of bid is declared to be a holiday,
the date of submission (opening) of bid will get shifted automatically to
next working day at the same scheduled time. Any change in bid opening
date due to any other unavoidable reason will be intimated to all the
bidders separately.
7. Opening of Tender Bids:Tender bid shall be opened after 30 minutes of

thetender closing time & on the same date.
8. Place of opening of Tender bids:

8.1 In case of tenders invited through e-tendering process, the tenders shall be
opened through ‘Public Online Tender Opening Event (POTOE)’. BSNL’s
Tender Opening Officers as well as authorized representatives of bidders
can attend the Public Online Tender Opening Event (TOE) from the comfort
of their offices. Kindly refer clause 8 of Section-4 Part C of Tender document
for further instructions.
8.2 In addition & in case of tenders invited through manual bidding process,
authorized representatives of bidders (i.e. vendor organization) can attend
the TOE at the …………………(state address of the tender opening place)
e.g. “Meeting Room, 2nd Floor, Bharat Sanchar Bhawan, Janpath, New
Delhi”, where BSNL’s Tender
Opening Officers would be conducting Public Online or manual Tender
Opening Event (TOE).
9. Tender bids received after due time & date will not be accepted.
10. Incomplete, ambiguous, Conditional, unsealed tender bids are liable to be
rejected.
11. ………………………………………… (Write the Designation of Officer
approving inviting of tender) e.g. “CMD, BSNL” reserves the right to accept
or reject any or all tender bids without assigning any reason. He is not bound
to accept the lowest tender.
12. The bidder shall furnish a declaration in his tender bid that no addition /
deletion / corrections have been made in the downloaded tender document
being submitted and it is identical to the tender document appearing on the
website.

12.1In case of any correction/ addition/ alteration/ omission in the tender document,
the tender bid shall be treated as nonresponsive and shall be rejected
summarily.
Note 4: 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 5: All computer generated documents should be duly signed/ attested by the
bidder/ vendor organization.

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 2 nd stage.
Note 3:- In both cases 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.
Note-5:-For e-reverse auction bidding event, elimination of H-1 bidder (bidder
who has been evaluated as highest quoting bidder in sealed financial
bidding stage) shall be followed, subject to following conditions:
i) If the total quantity of the tendered item is to be awarded amongst ‘N’
bidders( to be declared in tender), then elimination of H-1 shall not be
applicable if there are N+1 or less techno-commercial responsive
bidders (whose financial bids are opened).
In other words, H-1 bidder shall be eliminated from e-reverse auction
bidding event only if there are N+2 or more techno-commercial
responsive bidders (whose financial bids are opened).
For example, if the total quantity of tendered item is to be distributed
amongst 3 bidders (N=3), then elimination of H-1 bidder will be adopted
only if number of techno-commercial responsive bidders (whose
financial bids are opened) is 5 or more (greater than or equal to N+2).
ii) However, in any case no bidder (including MSE bidders) shall be
eliminated from e-reverse auction bidding event, if there are three (3)
or less techno-commercial responsive bidders (whose financial bids
are opened).
iii) In case of MSE bidder(s), if the MSE bidder(s) happens to be the H-1
bidder but falls within price band of L-1+15%, during evaluation of
sealed financial bids, then such MSE bidder shall not be eliminated
from e-reverse auction bidding event.

2. Bid Validity Period / …………….days (Specify time in days) from the
Validity of bid Offer tender opening date.
3. In case of tenders invited under two envelopes system, the first envelope will
be named as techno-commercial& will contain documents of bidder’s
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) Techno-commercial envelope shall contain :-
i) EMD
ii) Cost of the tender documents i.e. tender fee.
iii) Certificate(s) showing fulfillment of the eligibility criteria(s)
stated in Clause 4 of the DNIT
iv) Power of Attorney& authorization for executing the power of
Attorney in accordance with clause 14.4 of Section 4 Part A
v) Integrity Pact (if applicable)
vi) Clause by clause compliance as per clause 11.2 of Section-
4A
vii) Bidder’s Profile & Questionnaire duly filled & signed.
viii) Non-Relation Certificate duly filled & signed.
ix) Undertaking & declaration duly filled & signed
x) Documents stated in clause 10 of Section-4 Part A.
xi) Tender documents duly signed at the end of each section for
having read it & accepted it (only in case of Manual bidding
Process).
xii) Tender/ Bid form- Section 9 Part A
xiii) Electronic Form- Technical (in case of tenders invited through
e-tendering process)
b) Financial envelope shall contain:
i) Electronic Form- financial along with Price Schedule (Section 9
Part–B (I) with all relevant bid annexure (in case of tenders invited
through e-tendering process).
ii) Bid form- Price Schedule (Section 9 Part –B (I) 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. EE, BSNL, --, (Name of place) on or before the date
& time of submission of bids in a sealed envelope.
The envelope shall bear the tender number, name of work and the phrase:
“Do Not Open Before (due date & time of opening of tender).
i) EMD – Bid security (original copy)
ii) DD/ Banker’s cheque of Tender fee
iii) Power of Attorney in accordance with clause 14.4 of section 4 Part A
and authorization for executing the power of Attorney.
iv) Integrity Pact (if applicable)

4. 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 (xiii)
& 3 (b) (i) to (ii).
5. Payment terms
6. Delivery Schedule
Note 7:-The period of delivery schedule to be specified by tender inviting
authority.
SECTION- 3 Part A
SCOPE OF WORK
A. General :
B. Scope of Work:

SECTION- 3 Part B
TECHNICAL SPECIFICATIONS/ Requirements
A. General :
B. Technical specifications: The equipment/ goods/ services shall conform to

the Technical specifications as mentioned below :
(Specifications to be referred to/ inserted)

Note 1: Clauses for describing the technical requirements, model technical
Specifications may be added as per requirement.
Note 2: After the issue of DNIT, Specifications should not be changed.

SECTION-3 Part C
SCHEDULE OF QUANTITIES (SOQ)
S.NO. GOODS/ SERVICES QUANTITY Unit of

Measurement
(Km/kg/No.etc.)

SECTION-4 Part A
GENERAL INSTRUCTIONS TO BIDDERS (GIB)
1.0 DEFINITIONS
(a) "The Purchaser" means the Bharat Sanchar Nigam Ltd. (BSNL), New Delhi
(b) "The Bidder" means the individual or firm who participates in this tender
and submits its bid.
(c) "The Supplier" or “The Vendor” means the individual or firm supplying the
goods under the contract.
(d) "The Goods" means all the equipment, machinery, and/or other materials
which the Supplier is required to supply to the Purchaser under the contract.
(e) "The Advance Purchase Order" or “Letter of Intent” means the intention
of Purchaser to place the Purchase Order on the bidder.
(f) "The Purchase Order" means the order placed by the Purchaser on the
Supplier signed by the Purchaser including all attachments and appendices
thereto and all documents incorporated by reference therein. The purchase
order shall be deemed as "Contract" appearing in the document.
(g) "The Contract Price" means the price payable to the Supplier under the
purchase order for the full and proper performance of its contractual
obligations.
(j) “Successful Bidder(s)” means the bidder(s) to whom work in this tender is
awarded.
(k) “Item Rate Tender” is one wherein the bidder is required to quote rate of
each item of schedule of quantities (SOQ).
(l) “Percentage Rate Tender” is one wherein the bidder is required to quote a
percentage above/below the total estimated cost of work.
2.0 ELIGIBILITY CONDITIONS:

2.1 Kindly refer to clause 4 of Section – 1 i.e. Detailed NIT.
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 The goods required to be supplied; bidding procedures and contract terms
and conditions are prescribed in the Bid Documents. The contents of the Bid
documents are specified in the covering letter.
4.2 The Bidder is expected to examine all instructions, forms, terms and

specifications in the Bid Documents and clarifications/ amendments/
addenda, if any. Failure to furnish all information required as per the Bid
Documents or submission of the bids not substantially responsive to the Bid
Documents in every respect will be at the bidder's risk and may result in
rejection of the bid.
5.0 CLARIFICATION OF BID DOCUMENTS

5.1. A prospective bidder, requiring any clarification on the Bid Documents shall
notify the Purchaser in writing by FAX or by Email of the Purchaser as
indicated in the invitation of Bid. The Purchaser shall respond in writing to
any request for the clarification of the Bid Documents, which it receives
7days prior to the date of opening of the Tenders. Copies of the query
(without identifying the source) and clarifications by the Purchaser shall be
sent to all the prospective bidders who have received the bid documents.
5.2 Any clarification issued by BSNL in response to query raised by prospective
bidders shall form an integral part of bid documents and shall amount to an
amendment of the relevant clauses of the bid documents.
6.0 AMENDMENT OF BID DOCUMENTS

6.1 The Purchaser may, for any reason, whether at its own initiative or in
response to a clarification requested by a prospective bidder, may modify bid
documents by amendments prior to the date of submission of Bids with due
notification to prospective bidders.
6.2 The amendments shall be notified in writing by FAX or Email or by
Addendum through e-tendering portal ( for tenders invited through e-
tendering process)to all prospective bidders on the address intimated at the
time of purchase of the bid document from the purchaser and these
amendments will be binding on them.
6.3 In order to afford prospective bidders a reasonable time to take the
amendment into account in preparing their bids, the purchaser may, at its
discretion, extend the deadline for the submission of bids suitably.
7.0 DOCUMENTS COMPRISING THE BID
The bid prepared by the bidder shall ensure availability of the following
components:
(a) Documentary evidence establishing that the bidder is eligible to bid and
is qualified to perform the contract if its bid is accepted in accordance
with the clause 2 & 10.
(b) Bid Security furnished in accordance with clause 12.
(c) A Clause by Clause compliance as per clause 11.2 (c)
(d) A Bid form and price schedule completed in accordance with clause 8 & 9.

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. GST and other applicable taxes, 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.
9.2 Prices indicated in the Price Schedule shall be entered in the following
manner:
(a) The Unit price inclusive of all taxes including GST 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 partB
for all the items given in schedule of quantities at Section 3 part C.
9.3 A bid submitted with an adjustable price quotation will be treated as non-
responsive and rejected.
9.4 The prices quoted by the bidder shall be in sufficient detail to enable the
Purchaser to arrive at the price of goods offered.
9.5 "DISCOUNT if any, offered by the bidders shall not be considered unless
specifically indicated in the price schedule. Bidders desiring to offer discount
shall therefore modify their offers suitably while quoting and shall quote
clearly net price taking all such factors like Discount, free supply, etc. into
account".
9.6 The price approved by BSNL for procurement will be inclusive of GST and
all other applicable taxes 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/locations for installation.
10.0 DOCUMENTS ESTABLISHINGBIDDER'S ELIGIBILITY AND

QUALIFICATION
10.1. The bidder shall furnish, as part of the bid documents establishing the
bidder's eligibility, the following documents or whichever is required as per
terms and conditions of Bid Documents.

a) Valid MSE Certificate, if applicable. In case the ownership of such MSE
Entrepreneurs happens to be from SC/ST category, proof in this regard
also need to be submitted.
b) Additional documents to establish the eligibility and qualification of bidder
as specified in Section-I and Section-4 Part B.
c) Power of Attorney as per clause 14.3 (a) and (d) and authorization for
executing the power of Attorney as per clause 14.3 (b) or (c).
d) Deleted
e) If applicable,Undertaking duly signed by front bidder and its technology/
consortium partner stating that both of them shall be liable for due
performance of the contract jointly and severally.
f) Certificates from all Directors of the bidder stating that none of their near
relatives are working in BSNL in accordance with clause 34.
g) Certificate of incorporation.
h) Article or Memorandum of Association or partnership deed or
proprietorship deed as the case may be.
i) List of all Directors including their name(s), Director Identification
Number(s) (DIN) and address (es) along with contact telephone numbers
of office and residence.
Note 1: Documents at S. No 10.1(e) and (i), are applicable in case of tenders with
estimated cost more than Rs 1 Crore.
10 .2 Documentary evidence for financial and technical capability

a) The bidder shall furnish audited Annual Report and /or a certificate from
its bankers to assess its solvency/financial capability.
b) The bidder shall furnish documentary evidence about technical and
production capability necessary to perform the contract.
10.3 The offered product has to be sample approved. For this purpose, the
supplier shall submit a sample type for evaluation. The sample would be
evaluated for its ability to meet the technical specifications, manufacturability,
reliability, testability, ease of installation, maintainability etc. Necessary
documents to substantiate these attributes will have to be submitted at the
time of application for approval by the supplier for obtaining sample approval..
10.4 A signed undertaking from Authorized Signatory of the bidder that shall certify
that all components/ parts/ used in the goods shall be original, new
components/ parts/ and that no refurbished/ duplicate/ second hand
components/ parts are being used or shall be used.

11.0 DOCUMENTS ESTABLISHING GOODS’ CONFORMITY TO BID
DOCUMENTS
11.1 Pursuant to clause 7, the bidder shall furnish, as part of its bid, documents
establishing the conformity of its bid to the Bid Documents of all goods and
services which he proposes to supply under the contract.
11.2 The documentary evidences of the "goods and services" conformity to the
Bid Documents may be, in the form of literature, drawings, data etc. and the
bidder shall furnish:
(a) a detailed description of goods with essential technical and
performance characteristics;
(b) a list, giving full particulars including available sources and current
prices of all spare parts, special tools, etc., necessary for the proper
and continuous functioning of the goods for a period of one year
following commencement of use of the goods by the purchaser, and
(c) a clause-by-clause compliance on the purchaser's Technical
Specifications and Commercial Conditions demonstrating substantial
responsiveness to the Technical Specifications and Commercial
Conditions.. A bid without clause-by-clause compliance of the Scope
of Work, Technical Specifications, SOR (Section-3 Part A, B & C),
General (Commercial) Conditions &Special (Commercial) Conditions,
shall not be considered.
11.3 For the purpose of compliance to be furnished pursuant to the clause11.2(c)
above, the bidder shall note that the standards for the workmanship, material
and equipment and reference to the brand names or catalogue number,
designated by the Purchaser in its Technical specifications are intended to
be descriptive only and not restrictive.
12.0 BID SECURITY / EMD

12.1 The bidder shall furnish, as part of its bid, a bid security as mentioned in
Section-1(DNIT).
12.2 The MSE bidders are exempted from payment of bid security:
a) A proof regarding valid registration with body specified by Ministry of
Micro, Small & Medium Enterprise for the tendered items will have to be
attached along with the bid.
b) The enlistment certificate issued by MSME should be valid on the date
of opening of tender.
c) MSE unit is required to submit its monthly delivery schedule.
d) If a vender registered with body specified by Ministry of Micro, Small
&Medium Enterprise claiming concessional benefits is awarded work by
BSNL and subsequently fails to obey any of the contractual obligations,
he will be debarred from any further work/ contract by BSNL for one year
from the date of issue of such order.

12.3 The bid security is required to protect the purchaser against the risk of
bidder's conduct, which would warrant the forfeiture of bid security pursuant
to Para 12.7.
12.4. A bid not secured in accordance with Para 12.1 & 12.2 shall be rejected by
the Purchaser being non-responsive at the bid opening stage and archived
unopened on e-tender portal for e-tenders and returned to the bidder
unopened(for manual bidding process)
12.5 The bid security of the unsuccessful bidder will be discharged/returned as
promptly as possible and within 30 days of finalization of the tender or expiry
of the period of the bid validity period prescribed by the purchaser pursuant
to clause 13.
12.6 The successful bidder's bid security will be discharged upon the bidder's
acceptance of the advance purchase order satisfactorily in accordance with
clause 27 and furnishing the performance security.
12.7 The bid security may be forfeited:

a) If the bidder withdraws or amends its bid or impairs or derogates from
the bid in any respect during the period of bid validity specified by the
bidder in the bid form or extended subsequently; or
b) If the bidder does not accept the APO/ AWO and/ or does not submit
PBG & sign the contract/ agreement in accordance with clause 28.
Note:-The bidder shall mean individual company/ firm or the front bidder and its
technology 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.

14.0 FORMAT AND SIGNING OF BID
14.1. The bidder shall submit his bid, online (in case of e-tendering) & through
sealed envelopes physically (in case of tenders with manual bidding
process), complying all eligibility conditions, other terms and conditions of
tender document to be read along with the clarifications and amendments
issued in this respect. All the documents must be authenticated, using Digital
Signature (in case of e-tendering) & by hand signatures (for manual bidding
process), by the authorized person. The letter of authorization shall be
indicated by written power-of-attorney accompanying the bid.
Note:-The Purchaser may ask the bidder(s) to supply, besides original bid,
additional copy of bids as required by him.
14.2. The bid shall contain no interlineations, erasures or overwriting except as
necessary to correct errors made by the bidder in which case such
corrections shall be signed by the person or persons signing the bid. All
pages of the original bid, except for un-amended printed literatures, shall be
digitally signed by the person or persons signing the bid.
14.3 Power of Attorney

(a) The power of Attorney should be submitted and executed on the non-
judicial stamp paper of appropriate value as prevailing in the concerned
states(s) and the same be attested by a Notary public or registered
before Sub-registrar of the state(s) concerned.
(b) The power of Attorney be executed by a person who has been
authorized by the Board of Directors of the bidder in this regard, on
behalf of the Company/ institution/ Body corporate.
(c) In case of the bidder being a firm, the said Power of Attorney should be
executed by all the partner(s) in favour of the said Attorney.
(d) Attestation of the specimen signatures of authorized signatory by the
Company’s/ firm’s bankers shall be furnished. Name, designation,
Phone number, mobile number, email address and postal address of
the authorized signatory shall be provided.
15.0 SEALING AND MARKING OF BIDS

15.1 The bid should be submitted as per Clause 3 of tender information.
15.1.1 The bids may be called under
(a) Single stage bidding & Single envelope system OR
(b)Single Stage Bidding & Two Envelope System
The details of sealing & marking of bids in each case is given below:
15.1.2 In Single stage bidding & single envelope system, the bidder shall submit
all the documents specified for Techno-commercial bid & Financial bid in a
single envelope. The cover shall contain the ‘Original Copy’ of the bids
subject to clause 14.2. The envelope should be sealed.
15.1.3 In Single stage bidding & two envelopes system, the bidder shall submit his

bid in two envelopes;
The First envelope will be named as Techno-commercial bid. This envelope
will contain documents of bidder’s satisfying the eligibility / Technical &
commercial conditions as per clause 2 & 10 with Bid Security as per Clause
12. Second envelope will be named as Financial bid containing Price
Schedules as per Section 9 Part B (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 a) The envelopes shall be addressed to the authority/purchaser inviting the

tender as under
Designation and complete address
b) The envelope shall bear the name of the tender, the tender number and the
words 'DO NOT OPEN BEFORE' (due date & time).
c) The inner and outer envelopes shall indicate the name and complete postal
address of the bidder to enable the purchaser to return the bid unopened in
case it is declared to be received 'late'.
d) Tender should be deposited in the tender box provided by tendering authority
or sent by registered post or delivered in person on above mentioned
address (address is given in Clause 15.2 (a) above). The responsibility for
ensuring that the tenders are delivered in time would vest with the bidder.
e) Bids delivered in person on the day of tender opening shall be delivered upto
specified time & date as stated in NIT to Authority inviting the tenders at the
venue {address is given in clause 15.2 (a) above)}. The purchaser shall not
be responsible if the bids are delivered elsewhere.
f) Venue of Tender Opening:
The venue of tender opening is as under:
(Address of Venue)
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 LATE BIDS

17.1 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 bidder’s modification, revision or withdrawal shall have to be online and
digitally authenticated (in case of e-tendering) & physically (in case of
manual bidding process) as per clause 15.
18.3 Subject to clause 20, no bid shall be modified subsequent to the deadline for
submission of bids.
19.0 OPENING OF BIDS BY PURCHASER

19.1 The purchaser shall open bids online (in case of e-Tenders) or physically (in
case of manual bidding process) in the presence of the authorized
representatives of bidders online (in case of e-Tenders) or physically present
(in case of e-Tenders as well as manual bidding process) who choose to
attend, at time & date specified in Clause 7 of D NIT (Section-1) on due date.
The bidder's representatives, who are present, shall sign in an attendance
register. Authority letter to this effect shall be submitted by the authorized
representatives of bidders before they are allowed to participate in bid
opening (A Format is given in enclosed in Section-7 C).
19.2 A maximum of two representatives of any bidder shall be authorized and
permitted to attend the bid opening.
19.3 Name of envelopes to be opened & information to be read out by Bid
Opening Authority
(i) In Single stage bidding & single envelope system; techno-commercial
bid & financial Bid will be opened on the date of tender opening given
in NIT.
(ii) In Single stage bidding & two envelopes system; the bids will be opened
in 2 stages i.e. the techno-commercial bid shall be opened on the date
of tender opening given in NIT. The financial bid will not be opened on
the Date of opening of techno commercial bids in this case & all sealed
financial bids will be kept inside an envelope which will again be sealed
under signature of Authority inviting the tender and same shall be
retained by Authority inviting the tender. The financial bids of those

bidders who are approved to be techno-commercially compliant by the
competent authority, will be opened in front of techno commercially
eligible bidders/authorized representatives by sending them a suitable
notice.
(iii) The following information should be read out at the time of Techno-
commercial bid opening:-
a) Name of the Bidder
b) Name of the item
c) EMD amount & validity and acceptability
d) Information in respect of eligibility of the bidder.
e) Details of bid modification/ withdrawal, if applicable.
(iv) The following information should be read out at the time of Financial
bid opening:-
a) Name of the Bidder
b) Name of the item
c) Quantities/prices quoted in the bid
d) Discount, if offered
e) Taxes & levies
19.4 The date fixed for opening of bids, if subsequently declared as holiday by the
BSNL, the revised date of schedule will be notified. However, in absence of
such notification, the bids will be opened on next working day, time and
venue remaining unaltered.
20.0 CLARIFICATION OF BIDS

20.1 To assist in the examination, evaluation and comparison of bids, the purchaser
may, at its discretion ask the bidder for the clarification of its bid. The request
for the clarification and the response shall be in writing. However, no post bid
clarification at the initiative of the bidder shall be entertained.
20.2 If any of the documents, required to be submitted along with the technical bid
is found wanting, the offer is liable to be rejected at that stage. However the
purchaser at its discretion may call for any clarification regarding the bid
document within a stipulated time period. In case of non compliance to such
queries, the bid will be out rightly rejected without entertaining further
correspondence in this regard.
21.0 PRELIMINARY EVALUATION

21.1 Purchaser shall evaluate the bids to determine whether they are complete,
whether any computational errors have been made, whether required
sureties have been furnished, whether the documents have been properly
signed and whether the bids are generally in order.
21.2 In case of Item Rate Tenders, only rates quoted shall be considered. Any
tender containing percentage below/above the rates quoted is liable to be
rejected. Rates quoted by the contractor in item rate tender in figures and

words shall be accurately filled in so that there is no discrepancy in the rates
written in figures and words. However, if a discrepancy is found, the rates,
which correspond with the amount worked out by the contractor shall, unless
otherwise proved, be taken as correct. If the amount of an item is not worked
out by the contractor or it does not correspond with the rates written either in
figures or in words then the rates quoted by the contractor in words shall be
taken as correct. Where the rates quoted by the contractor in figures and in
words tally but the amount is not worked out correctly, the rates quoted by
the contractor will, unless otherwise proved, be taken as correct and not the
amount.In the event of no rate has been quoted for any item(s) then the rate
for such item(s) will be considered as zero and work will be required to be
executed accordingly. It will be presumed that the contractor has included
the cost of this / these item(s) in other item(s).
21.3 In case of Percentage Rate Tenders, only percentage quoted shall be

considered. Any tender containing item rates, is liable to be rejected.
Percentage quoted by the contractor in percentage rate tender shall be
accurately filled in figures and words, so that there is no discrepancy.
However if the contractor has worked out the amount of the tender and if any
discrepancy is found in the percentage quoted in words and figures, the
percentage which corresponds with the amount worked out by the contractor
shall, unless otherwise proved, be taken as correct. If the amount of the
tender is not worked out by the contractor or it does not correspond with the
percentage written either in figures or in words then the percentage quoted
by the contractor in words shall be taken as correct. Where the percentage
quoted by the contractor in figures and in words tally but the amount is not
worked out correctly, the percentage quoted by the contractor will, unless
otherwise proved, be taken as correct and not the amount.
21.4Prior to the detailed evaluation pursuant to clause 22, the Purchaser will
determine the substantial responsiveness of each bid to the Bid Document.
For purposes of these clauses, a substantially responsive bid is one which
confirms to all the terms and conditions of the Bid Documents without
material deviations. The purchaser's determination of bid's responsiveness
shall be based on the contents of the bid itself without recourse to extrinsic
evidence.
21.5 A bid, determined as substantially non-responsive will be rejected by the
purchaser and shall not, subsequent to the bid opening, be allowed to be
made responsive by the bidder by correction of the non-conformity.
21.6 The Purchaser may waive any minor infirmity or non-conformity or
irregularity in a bid which doesn't constitute a material deviation, provided
such waiver doesn't prejudice or affect the relative ranking of any bidder.

22 EVALUATION AND COMPARISON OF SUBSTANTIALLY RESPONSIVE
BIDS
22.1 The Purchaser shall evaluate in detail and compare the bids previously
determined to be substantially responsive pursuant to clause 21.
22.2 The evaluation and comparison of responsive bids shall be done on the basis
of Net cost to BSNL. The net cost to BSNL will be determined on case to
case basis taking into account applicability of Input Tax Credit or otherwise.
23.0 CONTACTING THE PURCHASER

23.1 Subject to Clause 20, no bidder shall try to influence the Purchaser on any
matter relating to its bid, from the time of the bid opening till the time the
contract is awarded.
23.2 Any effort by a bidder to modify its bid or influence the purchaser in the
purchaser's bid evaluation, bid comparison or contract award decision shall
result in the rejection of the bid.
24.0 PLACEMENT OF ORDER
24.1. The Purchaser shall consider placement of orders for commercial supplies
only on those eligible bidders whose offers have been found technically,
commercially and financially acceptable and whose goods have been type
approved/ validated by the purchaser.
25. PURCHASER'S RIGHT TO VARY QUANTITIES
(a) BSNL reserves the right to increase or decrease up to 25% of the

quantity of goods and services specified in the schedule of quantities
without any change in the unit price or other terms and conditions at
the time of award of contract.
26. PURCHASER'S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR

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

27. ISSUE OF ADVANCE PURCHASE ORDER
27.1. The issue of an Advance Purchase Order shall constitute the intention of the
Purchaser to enter into contract with the bidder.
27.2 The bidder shall within 14 days of issue of the advance purchase order, 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).
28. SIGNING OF CONTRACT

28.1 The issue of Purchase order shall constitute the award of contract on the
bidder.
28.2 Upon the successful bidder furnishing performance security pursuant to
clause 27, the Purchaser shall discharge the bid security in pursuant to
clause 12.
29. ANNULMENT OF AWARD

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

30.1 While all the conditions specified in the Bid documents are critical and are to
be complied, special attention of bidder is invited to the following clauses of
the bid documents. Non-compliance of any one of these shall result in
outright rejection of the bid.
a) Section 1 Part A: The bid will be rejected at opening stage if cost of
bid document is not submitted as per clause 2.1 of DNIT. (to be
finalized)
b) Clauses 12.1, 12.2 & 13.1 of Section- 4 Part A: The bids will
berejected at opening stage if Bid security is not submitted as per
Clauses 12.1 & 12.2 and bid validity is less than the period prescribed
in Clause 13.1 mentioned above.
c) Clause 2 & 10 of Section-4Part A: If the eligibility condition as per
clause 2 of Section 4 Part A is not met and/ or documents prescribed
to establish the eligibility as per Clause 10 of section 4 Part A are not
enclosed, the bids will be rejected without further evaluation.
d) Clause 11.2 (c) of Section-4 Part A: If clause-by-clause compliance
as well as deviation statements as prescribed are not given, the bid
will be rejected at the stage of primary evaluation.
e) While giving compliance to Section-5 Part A, General Commercial
conditions, Section-4 Part B, Special Instructions to Bidders, Section-
5B Special (Commercial) Conditions of Contract and Section-3
Technical Specifications ambiguous words like "Noted", "Understood",
“Noted & Understood" shall not be accepted as complied. Mere
"Complied" will also be not sufficient, reference to the enclosed
documents showing compliances must be given.
f) Section-9 Price Schedule: Prices are not filled in as prescribed in
price schedule.
g) Section-4 Part A clause 9.5 on discount which is reproduced below:-
"Discount, if any, offered by the bidder shall not be considered unless
specifically indicated in the price schedule. Bidders desiring to offer
discount shall therefore modify their offer suitably while quoting and
shall quote clearly net price taking all such factors like Discount, free
supply etc. into account".
30.2 Before outright rejection of the Bid by Bid-opening team for non-compliance
of any of the provisions mentioned in clause 30.1(a), 30.1(b) and 30.1(c) of
Section-4 PartA, the bidder company is given opportunity to explain their
position, however if the person representing the company is not satisfied with
the decision of the Bid opening Authority, he/they can submit the
representation to the Bid opening team immediately but in no case after
closing of the tender process with full justification quoting specifically the
violation of tender condition if any.
30.3 Bid opening Authority will not return the bids submitted by the bidders on the
date of tender opening even if it is liable for rejection and will preserve the
bids in sealed cover as submitted by taking the signatures of some of the
desirous representatives of the participating bidder/companies present on
the occasion.
31. ACTION BY PURCHASER AGAINST BIDDER(S)/VENDOR(S) IN CASE

OF DEFAULT.
In case of default by Bidder(s)/ Vendor(s) such as
a) Does not supply the equipment in time;
b) Goods do not perform satisfactory in the field in accordance with the
specifications;
c) Or any other default whose complete list is enclosed in Appendix-1.
Purchaser will take action as specified in Appendix-1 of this section.

32. NEARRELATIONSHIP CERTIFICATE
32.1. The bidder should give a certificate that none of his/ her near relative, as
defined below, is working in the Civil Zone 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.
32.2. The Company or firm or the person will also be debarred for further
participation in the concerned Civil Zone.
32.3 The near relatives for this purpose are defined as:-
(a) Members of a Hindu undivided family.
(b) They are husband and wife.
(c) The one is related to the other in the manner as father, mother, son(s)
& Son's wife (daughter in law), Daughter(s) and daughter's husband
(son in law), brother(s) and brother's wife, sister(s) and sister's husband
(brother in law).
32.4. The format of the certificate is given in Section 6 (B).
33. VERIFICATION OF DOCUMENTS AND CERTIFICATES

The bidder will ensure that all the documents and certificates, including
experience/performance and self-certificates submitted by him are correct
and genuine before enclosing them in the bid. The onus of proving
genuineness of the submitted documents would rest with the bidder.
If any document/ paper/ certificate submitted by the participant bidder is
found / discovered to be false / fabricated / tempered / manipulated either
during bid evaluation or during award of contract or thereafter, then the
Purchaser will take action as per Clause-1of Appendix-1 of this section.
Note for Tender opening Authority / Committee:

At the time of tender opening,the tender opening authority/team will check/
verify that the documents conforming to eligibility part are submitted by the
participant bidder duly authenticated by the authorized signatory to obviate
any possibility of doubt and dispute and maintain veracity of the documents
/ papers/ certificates.
The documents/ papers to be submitted in respective bid part have been
explicitly stated in clause- 7 of Section-4 Part A.

This opened bid part which is already signed by the authorized
representative of the bidder company during bid submission will be signed
by the tender opening committee on hard copy and preserve it along with the
bids received online in case of e-tendering.
These papers will be treated as authentic one, in case of any dispute.
34. Security Clause as per latest guidelines and requirement

Mandatory Licensing requirements with regards to security related concerns
issued by the Government of India from time-to-time shall be strictly followed
and appropriate clauses shall be added in all bid documents. Necessary
guidelines in this regard shall be issued separately.
35. Reservation/ Procurement from MSE units:

The guidelines / instructions / laws issued vide No CA/MMT/3-2/2018
06.03.2019 and further updates if any, issued from Ministry of Micro, Small
& Medium Enterprise (MSME) with respect to provisions for Micro & Small
Enterprises (MSEs) shall be followed..
Note – This clause shall be deleted if not applicable for the tender.

SECTION-4 Part B
SPECIAL INSTRUCTIONS TO BIDDERS
The Special Instructions to Bidders shall supplement the 'General 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:
They should have successfully executed satisfactorily completed works of
any central / state government department, PSU or any other government
organization of following magnitude as under.
1. (Details to be inserted)”
The proof of having completed such works shall form part of the bid.
Note :- The eligibility conditions for procurement of different types of services/goods

should be decided taking into account guidelines contained in Clause 2.4
of Chapter 2and other factors which are unique to the work/goods
concerned as decided by tender approving/accepting authority
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 A
on prescribed judicial paper with stamps of proper value and should contain
full address of the issuing branch of the bank with its telephone number and
FAX number.

Section- 4 Part C
E-tendering Instructions to Bidders
1. Procurement items/Services to be provided:
Procurement items/Services to be provided are given in SOQ.
2. Eligible Bidders
(a) The bidder should have experience of undertaking similar contracts with
Govt. / Semi Govt./PSUs/Corporates/Autonomous bodies/Big reputed
company registered under companies Act,1956.
(b) The bidder should produce copy of valid Registration of establishment/firm
with Labor Act.
(c) The bidder shall furnish Annual Report/a current solvency certificate from its
bankers as evidence that he has financial capability to perform the contract.
(d) The bidder shall produce valid GST (Goods & Services Tax) Registration
certificate.
(e) The bidder should have PAN allotted to him by IT Department (Copy to be
enclosed).
(f) EPF registration no. if applicable/declaration regarding payment of minimum
wages to manpower engaged as per labour law.
3. Cost of bidding:
The bidder shall bear all costs associated with the preparation and
submission of the bid. BSNL, in no case shall be responsible for these costs
regardless of the conduct or outcome of the bidding process.
4. Instructions for Online Bid Submission
4.1 Bidders to submit the bids online through the www.tenderwizard.com

4.2 Bidder should possess valid Digital Signature Certificate (DSC).
4.3 Bidder should do the enrolment in the e-tender website www.tenderwizard.com
4.4 Bidder should download the vendor guidelines by clicking the “Help Manuals /
DSC / Application Forms / Circulars” from the website and go through the document
in detail for getting step by step information about registration and participation in
the e-tender procedure.
4.5 The bidders should provide the correct information including valid email id. All
the correspondence shall be made directly with the bidders through email id
provided.
4.6 Bidder need to login to the e-tender site through their user ID/ password chosen
during registration.
4.7 Then the Digital Signature Certificate ( Class III Certificates with signing key
usage) issued by e Mudra or any Certifying Authority recognized by CCA India on
eToken / Smart Card, should be registered.
4.8 The DSC that is registered only should be used by the bidder and should ensure
safety of the same.
4.9 Bidder may go through the tenders published on the site and download the
required tender documents for the tenders he/she is interested in.

4.10 After downloading the tender document, the Bidder should go through them
carefully and then submit the documents as asked, otherwise bid will be rejected.
4.11 If any clarifications is required, the same may be obtained online through the
e-tender website, or through the contact details or email. Bidder should take into
account the corrigendum, if any, published before submitting the bids online.
4.12 Bidder should then log in to the site through the secured log in by giving the
user id/ password chosen during registration and then by giving the password of
the e-Token/Smart Card to access DSC.
4.13 It is construed that the bidder has read all the terms and conditions before submitting
their offer. Bidder should go through the tender documents carefully and upload the
documents as asked; otherwise, the bid will be rejected.
4.14 Bidder, in advance, should get ready the bid documents to be submitted as
indicated in the tender document and generally, they can be in
PDF/xls/rar/zip/dwf formats. If there is more than one document, they can be
clubbed together and can be provided in the requested format. Each
document to be uploaded through online for the tenders should be less than
2 MB. If any document is more than 2MB, it can be reduced through zip/rar
and the same can be uploaded, if permitted. Bidders Bid documents may be
scanned with 100 dpi with black and white option. However, if the file size is
less than 1 MB the transaction uploading time will be very fast.
4.15 If there are any clarifications, this may be obtained through the site, or during the
pre-bid meeting, if any. Bidder should take into account the corrigendum published
from time to time before submitting the online bids.
4.16 The Bidders can update well in advance, the documents such as certificates,
annual report details etc., under “Document Library” option and these can be
selected as per tender requirements and then send along with bid documents
during bid submission. This will facilitate the bid submission process faster by
reducing upload time of bids.
4.17 Cost of Bid Document (non-refundable) and EMD:
(a) Bidder should submit the cost of bid documents in the form of a Crossed
Demand Draft of Rs --- (Rs. ----) (non refundable) drawn on any Scheduled
Bank in {name of city) 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”.
(b) The EMD for an amount of Rs.……………………. should be in the form of a
Crossed Demand draft drawn 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”./ Bank Guarantee valid for 180 days
from the date of tender opening as per format of “Bid Security Form” at Section
VII.
(c) The cost of bid document and the EMD in original in the form of DD/Bank
Guarantee along with all eligibility documents mentioned in Clause 10 of Section 4
Part – A should be posted/couriered/given in person to “EE, , BSNL , ---- .”. The
envelope with due mention of Name of work, due date & time of opening of bids,
name of the bidder should be submitted within the bid submission due date & time
for the tender. Scanned self attested copies of the same should also be uploaded
online as part of the offer as per the NIT conditions. The bidder should ensure that
all the above reach before the last date and time of submission of bid as mentioned
in the NIT. BSNL will not be responsible for any late delivery by courier/postal
services and the bid will be summarily rejected, if they are not received before due
date and time of opening of the tender.
(d) e-Tender Processing fee (non-refundable): The e-tender processing fee

(non- refundable) of Rs --- ( Rs -------- only ) has to be paid online by the
bidder to the account of M/s ITI Limited as mentioned in the portal
www.tenderwizard.com. e-Tender processing fee paid through Demand draft
shall not be accepted.
4.18 The bidder has to select the payment option as offline for paying cost of bid
document & EMD as applicable and enter details of the instruments and upload
the same online.
4.19 While submitting the bids online, the bidder should read all the terms &
conditions and accepts the same to proceed further to submit the bid.
4.20 The details of the Cash Receipt/ DD/BC, physically sent, should tally with the
details available in the scanned copy and the data entered during bid
submission time.
5. Bid Document:
5.1 Bid Document includes: a. Notice Inviting e-Tender
b. Instructions to bidders
c. General condition (Commercial) of the contract
d. Special condition of contract, if any
e. Schedule of quantities
f. Bid form and price schedule.
g. Performance Security bond Form
h. Letter of authorization to attend Bid opening
5.2 The Bidder is requested to examine all instructions, forms, terms and
specification in bid documents. Failure to furnish all the information required as
per bid documents and submission of the bids not substantially responsive to the
Bid documents in every respect, will be at the bidder’s risk and may result in
rejection of the bid.
5.3 A prospective bidder, requiring any clarification of the Bid Documents shall
notify the Purchaser online. The Purchaser shall respond online to any request for
clarification of the Bid Documents in given specific Date & Time and clarification
by the Purchaser shall be sent to the prospective bidder online.
5.4 Any clarification issued by BSNL in response to query raised by prospective

bidders shall form an integral part of bid document and it may amount to an
amendment of relevant clauses of bid document.

6. Documents required to be submitted for establishing Bidders Eligibility
and Qualifications:
(a) Experience certificate of having undertaken similar contracts with Govt. /
Semi Govt./ PSUs/Corporates /Autonomous bodies/Big reputed company
registered under companies Act,1956.
(b) The bidder should produce copy of valid Registration of establishment/firm
with Labor Act.
(c) The bidder shall furnish Annual Report/a current solvency certificate from its
bankers as evidence that he has financial capability to perform the contract.
(d) The bidder shall produce valid GST Registration certificate.
(e) The bidder should have PAN allotted to him by IT Department (Copy to be
enclosed).
(f) EPF registration no. if applicable/declaration regarding payment of minimum
wages to man engaged as per labour law.
(g) A certificate regarding no relationship with BSNL employees in the Performa
section IX
(h) The bidder shall furnish as part of bid security (Earnest Money Deposit) of Rs -
---(Rupees -------only) in the form of Demand Draft issued by any Scheduled
Bank of India in favor 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”.
7. Amendment to Bid document:
7.1 At any time prior to the date of submission of bid, BSNL may, for any reason
whether at its own initiative or in response to a clarification required by a
prospective bidder, modify the bid documents by amendments.
7.2 The amendments shall be notified online only through corrigendum, if any.
7.3 In order to afford prospective bidders reasonable time in which to take the
amendments into account in preparing their bids, BSNL may, at its discretion,
extend the deadline for the submission of bids suitably.
8. Bid Price:
8.1 The bidder shall give the total composite rate inclusive of all levies & taxes
including GST in the Price Schedule. Rate should be quoted for all the items
otherwise the bid will be rejected summarily
8.2 The rate quoted by the bidder shall remain fixed during the entire period of
contract and shall not be subject to variation on any account. A bid submitted
with an adjustable price quotation will be treated as non- responsive and rejected.

9. Bid Security(EMD):
9.1 Bidder should submit the EMD in offline. The Demand draft/Bank Guarantee
should be prepared as per the amount mentioned in NIT 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”.. The original should be
posted/couriered/given in person to “EE, BSNL, ”, within the bid submission due
date & time for the tender. Scanned copy should be uploaded as part of the offer.
The bidder should ensure that the demand draft/bank Guarantee reach before the
last date and time of submission as mentioned in the NIT. BSNL will not be
responsible for any late delivery by courier/postal services and the bid will be
summarily rejected, if the cost of bid document and EMD are not received before
due date and time of opening of the tender.
9.2 The successful bidder’s bid security will be discharged upon the bidders
acceptance of the award of contract satisfactorily and furnishing the performance
security.
9.3 The Bid Security may be forfeited.
a. If bidder withdraws his bid during the period of bid validity specified by the
bidder in the bid form.
b. If the successful bidder fails 1. To sign contract

2. To furnish performance security.
9.4 The bid security of unsuccessful bidder will be discharged / returned as early
as possible but not later than 30 days after the expiry of the period of bid
validity.
9.5 If the bidder fails to submit EMD or the EMD is not received on or before the
due date and time, the bid submitted by such bidder will be summarily rejected.
10. Format and signing of bid:
Bidders shall note that the very act of using DSC for downloading the tender
document and uploading the same along with their offers is deemed to be a
confirmation that they have read all sections and pages of the tender document
without any exception and have understood the complete tender document and are
clear about the requirements of the tender document
11. Submission of Bid:
11.1 Bidder should log into the site www.tenderwizard.com well in advance for bid
submission so that he/she upload the bid in time i.e. on or before the bid submission
date and time.
11.2 Bidder should prepare and submit the cost of bid documents and EMD as per
the instructions given in bid document. The details of the relevant instrument
physically sent, should tally with the details available in the scanned copy and the
data entered during bid submission time, otherwise the uploaded bid will be
rejected.
11.3 While submitting the bids online, the bidder shall read the terms & conditions
and accepts the same in order to proceed further to submit their bid.
11.4 Bidder shall select the payment option as offline to pay the cost of bid
document and EMD and enter details of the relevant instrument.
11.5 Bidder shall digitally sign and upload the required bid documents one by one
as indicated in the tender document.
11.6 Bidders shall note that the very act of using DSC for downloading the tender
document and uploading their offers is deemed to be a confirmation that they have
read all sections and pages of the tender document without any exception and have
understood the complete tender document and are clear about the requirements of
the tender document.
11.7 Bidders shall submit their bids through online e-tendering system well before
the bid submission end date &time (as per Server System Clock). BSNL will not be
held responsible for any sort of delay or the difficulties faced during the submission
of bids online by the bidders at the last moment.
11.8 After the final bid submission in the e-tender portal, the bidders shall take print
out of system generated acknowledgement number, and keep it as a record of
evidence for online submission of bid, which will also act as an entry pass to
participate in the bid opening.
11.9 Bidder should follow the server time being displayed on bidder’s dash board
at the top of the tender site, which shall be considered valid for all actions of
requesting, bid submission, bid opening etc., in the e-tender system.
12. Bid opening
12.1Bid opening committee will open the bids online in the presence of bidders or
their authorized representatives who chose to attend on opening date and time.
12.2The bidder’s representatives, who are present, shall sign in an attendance
register. Authority letter to this effect shall be submitted by the bidders before they
are allowed to participate in bid opening (format is given in section IX).
12.3The date fixed for opening of bids, if subsequently declared as holiday by the
Govt., the revised date of schedule will be notified. However, in absence of such
notification, the bids will be opened in the next working day, time and venue
remaining unaltered.
13. Clarification of Bids:

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

14. Bid Evaluation:
14.1Bid Evaluation will be done in two stages i.e. Technical Bid Evaluation and
Financial Bid Evaluation.
14.2The “Technical bid” of only those bidders shall be opened who have submitted
the cost of bid document and the EMD within stipulated date and time as per NIT
conditions. The “Technical Bid” will be evaluated first. Those bidders who are found
to be technically qualified, their financial bid only will be opened at later date. The
date & time of opening of "Financial bid" shall be conveyed to all the bidders who
have qualified in technical bid and their representative shall be allowed to attend
the financial bid opening.
14.3BSNL shall evaluate the bids to determine whether they are complete, whether
any computational errors have been made whether documents have been properly
signed and whether bids are generally in order.
14.4 If there is a discrepancy between words and figures the amount in words shall
prevail. Prior to detailed evaluation, BSNL will determine the substantial
responsiveness of each bid to the bid document. A substantially responsive bid is
one, which conforms to all the terms and conditions of bid documents without
material deviation. A bid determined as substantially non responsive will be rejected
by BSNL.
14.5BSNL shall evaluate in detail and compare the substantially responsive bids
and comparison of bids shall be on the price offered inclusive of all levies and
charges as indicated in the price schedule. The lowest bidder will be decided on the
value of “Grand Total” as mentioned in the Price Schedule.
14.6The accepting authority may cross verify the documents submitted by bidder
with the issuing authority, in case of any need.
15. Award of Contract:
15.1BSNL shall consider placement of advance purchase order to those bidders

whose offers have been found technically, commercially and financially acceptable.
The bidder shall within fourteen (14) days of issue of advance purchase order, give
his acceptance along with performance security in conformity with section VII with
the bid document.
15.2The issue of an Advance Purchase Order shall constitute the intention of the
Purchaser to enter into the contract with the bidder.
15.3The BSNL may award the tender to more than one supplier at the rates quoted
by the lowest tenderer for each of the category.
16. Right to vary quantities.
16.1 BSNL reserves the right at the time of award of contract to increase or
decrease up to 25% of the required quantity of items specified in the schedule
of requirements without any change in unit price of the ordered quantity or
other terms and conditions.

17. Purchaser’s right to accept any bid and to reject any or all bids:
The Purchaser reserves the right to accept or reject any bid and to annul the bidding
process and reject all bids, at any time prior to award of contract without assigning
any reason whatsoever and without thereby incurring any liability to the affected
bidder or bidders on the grounds for the Purchaser’s action.
18. Signing of Contract
18.1 Signing of Agreement shall constitute the award of contract on the bidder.
18.2 Upon the successful bidder furnishing the performance security, the BSNL
shall discharge its bid security.
19. Annulment of Award
Failure of the successful bidder to comply with the requirement of clause 17 shall
constitute sufficient ground for the annulment of the award and forfeiture of the bid
security in which event BSNL may make the award to any other bidder at the
discretion of BSNL or call for new bids.
20. Period of validity of bids:

(i)The bid shall remain valid for 150 days after the date of opening of bids. A bid
valid for a shorter period shall be rejected by BSNL as non-responsive.
(ii) A bidder accepting the request of BSNL for an extension to the period of bid
validity, in exceptional circumstances, will not be permitted to modify his bid.
Otherwise submitted bid will not be acceptable and summarily rejected.
4.21 The bidder has to digitally sign and upload the required eligibility & tender
documents one by one as indicated. Bidders should note that the very act of using
DSC for downloading the bids and uploading their offers shall be deemed to be a
confirmation that they have read all sections and pages of the bid document
including General conditions of contract without any exception and have understood
the entire document and are clear about the requirements of the tender
requirements.
4.22 The following Form of bid document should be filled up, signed with seal,
scanned and uploaded in the e- tender website by bidder: i. Bid Form (Section-IX
Part-A)
ii. Certificate of non-participation by family members of BSNL employees (Section-
VI)
4.23 If the price bid format is provided in a excel file, the rates offered should be
entered in the allotted space only and uploaded after filling the relevant columns.
The Price Bid template must not be modified/replaced by the bidder, else the bid
submitted is liable to be rejected for this tender.
4.24 The bidders are requested to submit the bids through online e-tendering
system well before the bid submission end date & time (as per Server System
Clock). BSNL will not be held responsible for any sort of delay or the difficulties
faced during the submission of bids online by the bidders at the eleventh hour.

4.25 After the final bid submission, the acknowledgement number, given by the
system should be printed by the bidder and kept as a record of evidence for online
submission of bid for the particular tender and will also act as an entry pass to
participate in the bid opening date.
4.26 The time settings fixed in the server side & displayed at the top of the tender
site, will be valid for all actions of requesting, bid submission, bid opening etc., in
the e-tender system. The bidders should follow this time during bid submission.
4.27 The bidder should logout of the tendering system using the normal logout
option and not by selecting the (X) exit option in the browser.
4.28 For any queries regarding e-tendering process, the bidders are requested to
contact / email as provided in the tender document.

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/equipment.
2. STANDARDS
The goods/equipment 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.
4. PERFORMANCE SECURITY
4.1 All suppliers (including MSEs who are registered with the designated MSME
bodies, like National Small Scale Industries Corporation etc. Shall furnish
performance security to the purchaser for an amount equal to 5% of the value
of Advance purchase order within 14 days from the date of issue of Advance
Purchase Order by the Purchaser.
4.2 The proceeds of the performance security shall be payable to the Purchaser
as compensation for any loss resulting from the supplier's failure to complete
its obligations under the contract.
4.3 The performance security Bond shall be in the form of Bank Guarantee
issued by a scheduled Bank and in the proforma provided in Section 7 B of
this Bid Document.
4.4 The performance security Bond will be discharged by the Purchaser after
completion of the supplier's performance obligations including any warranty
obligations under the contract.
5. INSPECTION AND TESTS

5.1 The Purchaser or its representative shall have the right to inspect and test
the goods as per prescribed test schedules for their conformity to the
specifications. Where the Purchaser decides to conduct such tests on the
premises of the supplier or its subcontractor(s), all reasonable facilities and
assistance like Testing instruments and other test gadgets shall be furnished
to the inspectors at no charge to the purchaser.
5.2 Should any inspected or tested goods fail to conform to the specifications

the purchaser may reject them and the supplier shall either replace the
rejected goods or make all alterations necessary to meet Specification /
requirements free of cost to the purchaser.
5.3 Notwithstanding the pre-supply tests and inspections prescribed in clause
5.1 & 5.2 above, the goods and accessories on receipt in the Purchaser's
premises will also be tested during and after installation before "take over"
and if any goods or part thereof is found defective, the same shall be
replaced free of all cost to the purchaser.
6. DELIVERY AND DOCUMENTS

6.1 Delivery of the goods and documents shall be made by the supplier in
accordance with the terms specified by the purchaser in its schedule of
quantities and special conditions of contracts, and the goods shall remain at
the risk of the supplier until delivery has been completed. The delivery of the
goods shall be to the ultimate consignee as given in the purchase order.
6.2 The delivery of the goods and documents shall be completed within time
frame stated in note 7 of Clause 6 of Section-2 (Tender information).
6.3 All Technical assistance for installation and commissioning of goods and
related accessories, if any, shall be provided by the Supplier at no extra cost
during evaluation, sample approval if any.
6.4 The extension of delivery period against the purchase order, if any, should
be granted subject to the condition that BSNL shall have the absolute right
to revise the price(s) and also to levy penalty for the delayed supplies.
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. WARRANTY
9.1 The supplier shall warrant that the stores to be supplied shall be new and
free from all defects and faults in materials used, workmanship and
manufacture and shall be of the highest grade and consistent with the
established and generally accepted standards for materials of the type
ordered and shall perform in full conformity with the specifications and
drawings. The supplier shall be responsible for any defect that may develop
under the conditions provided by the contract and under proper use, arising
from faulty material, design or workmanship such as corrosion of the
equipment, inadequate quantity of material to meet equipment requirements,
inadequate contact protection, etc 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.
9.2 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.
9.3 Replacement under warranty clause shall be made by the supplier free of all
charges at site including freight, insurance and other incidental charges.
10. PAYMENT TERMS

10.1 Payment of specified percentage of the price as detailed shall be made on
receipt of goods by consignee. For claiming this payment the following
documents are to be submitted to the paying authority.
(a) Invoice clearly indicating the price including GST.
(b) Acknowledged Delivery Challan in original.
(c) Warranty certificate, insurance certificate if applicable
(d) Proof of payment of Octroi/ entry tax etc., if applicable.
10.2The balance payment, if any, shall be released as per specified timelines from
the date of supply of the equipment/goods in case there are no
damage/shortages. In those cases where such shortages/damages are
intimated to the supplier in writing, the balance payment shall be released
only after the cases are settled in accordance with the provision of the P.O.
Note: The actual payment conditions for new products or procurements having
installation and AMC services may be decided on case to case basis and
incorporated in special conditions of the contract.”
10.3. A certificate stating that the tendered items (stores) are meant for the use of

BSNL shall be provided by the purchaser on the request of the bidder as and
when asked for.
10.4 No payment will be made for goods rejected at the site on inspection/testing.
10.5. 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.):
11. PRICES
11.1 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-11.2 mentioned below.
11.2 For changes in taxes/ duties during the scheduled delivery period, the unit
price shall be regulated as under:
(a) Prices will be fixed at the time of issue of purchase order as per taxes
and statutory taxes/duties applicable at that time
(b) In case of reduction of statutory taxes and other 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 statutory 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.
11.3 Any increase in taxes and other statutory duties/ levies, after the expiry of
the delivery date shall be to the supplier's account. However, benefit of any
decrease in these taxes/duties shall be passed on to the Purchaser by the
supplier. The total price is to be adjusted (by reducing the basic price) with
increased duties and taxes as per price mentioned in PO
12. CHANGES IN PURCHASE ORDERS

12.1 The purchaser may, at any time, by a written order given to a supplier, make
changes within the general scope of the contract in any one or more of the
following:
(a) drawings, designs or specifications, where Goods to be supplied under
the contract are to be specifically manufactured for the Purchaser;

(b) the method of transportation or packing;
(c) the place of delivery; or
(d) the services to be provided by the supplier.
12.2 If any such change causes an increase or decrease in the cost of, or the time
required for the execution of the contract an equitable adjustment shall be
made in the contract price or delivery schedule, or both, and the contract
shall accordingly be amended. Any proposal by the supplier for adjustment
under this clause must be made within thirty days from the date of the receipt
of the change in order.
12.3The Engineer-in-Charge shall have power to make alteration in,

omission from, additions to, or substitutions for the original specifications,
drawings, designs and instructions that may appear to him to be necessary
or advisable during the progress of the work, and contractor shall be bound
to carry out the work in accordance with any instructions given to him in
writing signed by the Engineer-in-Charge and
alterations/omissions ,additions or substitutions shall form part of the
contract as if originally provided therein and any altered, additional or
substituted work which the contractor may be directed to do in the manner
specified above as part of the works, shall be carried out by the contractor
on the same conditions in all respects including price on which he agreed to
do the main work except as hereafter provided.
12.3.1The time for completion of the work shall, in the event of any deviations
resulting in additional cost over the tendered value, be extended if requested
by the contractor, as follows:
i) In the proportion which the additional cost of the altered, additional or

substituted work, bears to the original tendered value (+) plus
ii) 25% of the time calculated in (i) above or such further additional time as
may be considered reasonable by the competent authority.
12.4 In the case of extra items(s) (items that are completely new, and are in
addition to the items contained in the contract), the contractor may, within
15days of receipt of the order or occurrence of the item(s) claim
rates ,supported by proper analysis, for the work and the Engineer-In-Charge
shall within one month of the receipt of the claim supported by analysis,after
giving consideration to the analysis of the rates submitted by the contractor,
determine the rate on the basis of market rate(s). In the event of the
contractor failing to inform, the Engineer-In-Charge within stipulated period
of time, the rate, which he proposes to claim, the rate for such items shall be
determined by the Engineer-In-charge on the basis of market
rate(s)prevailing during that period. In case of substituted items (items that

are taken up with partial substitution or in lieu of items of work in the contract),
the rate for the agreement item (to be substituted) and substituted item shall
also be determined in the manner as mentioned below :-
12.4.1 If the market rate for the substitution item so determined is more than
the market rate of the agreement item (to be substituted) the rate payable to
the contractor for the substituted item shall be the rate for the agreement
item (to be substituted) so increased to the extent of the difference between
the market rate of the substituted item and the agreement item (to be
substituted).
12.4.2If the market rate for the substituted item so determined is less than
the market rate of the agreement item (to be substituted), the rate payable
to the contractor for the substituted item shall be the rate for the agreement
item (to be substituted) so decreased to the extent of the difference between
the market rates of the substituted item and the agreement item (to be
substituted).
In the case of contract items, substituted items, contract cum substituted

items which exceeds the limits, the contractor may within fifteen days of
receipt of order or occurrence of the excess, claim revision of the rates,
supported by proper analysis, for the work in excess of the abovementioned
limits, provided that if the rate so claimed are in excess of the rates specified
in the Schedule of quantities, the Engineer-In-Charge shall within one month
of receipt of the claims supported by analysis, after giving consideration to
the analysis of the rates submitted by the contractor, determine the rates on
the basis of market rates and the contractor shall be paid in accordance with
the stipulated rates so determined for the quantities in excess of the deviation
limit.
12.5The provisions of the preceding paragraph shall also apply to the

decrease in the rates of items for the work in excess of the limits., and the
Engineer-in-Charge shall after giving notice to the contractor within one
month of occurrence of the excess and after taking into consideration any
reply received from him with in fifteen days of the receipt of the notice ,revise
the rates for the work in question within one month of the expiry of the said
period of fifteen days having regard to the market rates.
12.6Any operation incidental to or necessarily has to be in contemplation of

tenderer while filing tender, or necessary for proper execution of the item
included in the Schedule of Quantities or in the schedule of rates mentioned
above, whether or not, specifically indicated in the description of the item and
the relevant specifications, shall be deemed to be included in the rates
quoted by the tenderer or the rate given in the said schedule of rates, as the
case may be. Nothing extra shall be admissible for such operations.
13. SUBCONTRACTS
The Supplier shall notify the Purchaser in writing of all subcontracts awarded
under this contract if not already specified in its bid. Such notification, in its
original bid or later shall not relieve the supplier from any liability or obligation
under the Contract.
14 DELAYS IN THE SUPPLIER'S PERFORMANCE

14.1 Delivery of the Goods and performance of the services shall be made by the
Supplier in accordance with the time schedule specified by the purchaser in
its purchase order. In case the supply is not completed in the stipulated
delivery period, as indicated in the Purchase Order, purchaser reserves the
right to short-close/ cancel this purchase order and/ or recover liquidated
damage charges. The cancellation/ short-closing of the order shall be at the
risk and responsibility of the supplier and purchaser reserves the right to
purchase balance unsupplied item at the risk and cost of the defaulting
vendors.
14.2 Delay by the Supplier in the performance of its delivery obligations shall
render the Supplier liable to any or all of the following sanctions:
(a) forfeiture of its performance security,
(b) imposition of liquidated damages, and/ or
(c) Short closure of the contract in part or full and/ or termination of the
contract for default.
14.3 If at any time during the performance of the contract, the supplier encounters
condition impending timely delivery of the goods and performance of service,
the supplier shall:
(a) Promptly notify to the Purchaser in writing the fact of the delay, its
likely duration and its cause(s). As soon as practicable after receipt of
the supplier's notice, the purchaser shall evaluate the situation and
may at its discretion extend the period for performance of the contract
(by not more than 20 weeks or as per provisions of clause 15.2
Section-5A as per provision given below :
(b) The vendor has to submit their request for extension at least two
weeks before the expiry of delivery period. The vendor shall also
submit unconditional acceptance of the conditions for delivery period
extension i.e. applicability of liquidated damages, prices to be
provisional and to be regulated as per clauses 11.3 and 22 of section-
5A and submission of additional BG, wherever applicable. The
decision regarding extension shall be communicated within two
weeks of the receipt of request and after receipt of the unconditional
acceptance and the undertaking mentioned above.
(c) In case extension is being granted beyond 20 weeks then the vendor
shall submit additional BG while seeking extension. For piecemeal

items the amount of additional BG shall be 5% of the value of balance
quantity of items to be supplied for which extension in delivery period
has been sought. In case of infrastructure/turnkey projects other than
as stated above, 1% of the total project value shall be the value for
additional BG. The additional BG shall be valid for six months beyond
extension of. delivery period sought and shall be discharged after the
full ordered quantity has been supplied to the ultimate consignee
within the last extended delivery period on submission of inspection
certificate from QA and consignee receipt without prejudice to the
other remedies available to the purchaser.
(d) If the vendor fails to deliver the full ordered quantity even during
extended delivery period then the PO shall be short-closed and the
Performance Bank Guarantee as well as additional BG shall be
forfeited.
(e) Format of (i) letters conveying conditions of DP extension and (ii) DP
extension letter are at Section 7 Part D & Part E. .
14.4 If the supplies are not completed in the extended delivery period, the
purchase order shall be short-closed and both the Performance securities
shall be forfeited.
15. LIQUIDATED DAMAGES

15.1 The date of delivery of the stores stipulated in the acceptance of the tender
should be deemed to be the essence of the contract and delivery must be
completed not later than the dates specified therein. Extension will not be
given except in exceptional circumstances. Should, however, deliveries be
made after expiry of the contracted delivery period, without prior concurrence
of the purchaser and be accepted by the consignee, such delivery will not
deprive the purchaser of its right to recover liquidated damage under clause
15.2 below. However, when supply is made within 21 days of the contracted
original delivery period, the consignee may accept the goods and in such
cases the provision of clause 15.2 will not apply. Further, DP extension for
this grace period of 21 days shall not be necessary.
15.2 While granting extension of delivery period as per clause 14.3, the liquidated
damages shall be levied as follows:
(a) Should the supplier fails to deliver the store or any consignment thereof
within the period prescribed and agreed for delivery, the purchaser,
without prejudice to other remedies available to the purchaser shall be
entitled to recover, as agreed liquidated damages for breach of contract,
a sum equivalent to 0.5% of the value of the delayed supply and/ or
undelivered material/ supply for each week of delay or part thereof
which shall be a maximum of 10%.
(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 authority next higher to
Tender Accepting Authority 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/goods and in such cases
the LD shall be levied up to the date of dispatch only.
(e) The total value of the liquidated damages as per above sub-clauses
shall be limited to a maximum of 10% (Ten percent) i.e. LD shall be
levied up to 20 weeks only as per provision at Para (a).
15.3 In cases where the scheduled delivery period is distributed month-wise or is
in installments, the liquidated damages shall be imposed for delay in each
scheduled month/ installment. Liquidated damages shall be calculated
separately for quantities to be supplied in every month/ installment and the
corresponding delay. If the supplier supplies full quantity before the expiry of
the scheduled delivery period of the last month/ installment but there is delay
in month-wise/ installment-wise supply, then also liquidated damages shall
be levied on the supplies against the earlier months/ installments that have
been delayed. Twenty (20) weeks for the purpose of additional BG and grant
of DP extension shall be counted from the last month/ installment.
15.4 Wherever Clause of grace period of 21 days exists in the Purchase Order as
well as in the Tender document against which the Purchase Order has been
released, applicability of the grace period shall be subject to:
(a) The Store has been offered by the Supplier for Inspection/Testing within
the contracted original delivery period.
(b) Competent authority or officer(s) authorized by him/her have cleared
the goods for dispatch within the contracted original delivery period.
(c) The Supplier has carried out dispatch/ dispatched the equipment/goods
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/goods within contracted original delivery
period.

(d) The Store/goods 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 NIT approving authority. 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 14.3
and 15.2 of Section-5 Part A.
16. FORCE MAJEURE

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

OF DEFAULT.
17.1 In case of default by Bidder(s)/ Vendor(s) such as
(a) Failure to deliver and/ or commission any or all of the goods within the
time period(s) specified in the contract, or any extension thereof
granted by the purchaser pursuant to clause15 of this section;
(b) Failure to perform any other obligation(s) under the Contract; and
(c) Goods/Equipment does not perform satisfactory in the field in
accordance with the specifications;

(d) Or any other default whose complete list is enclosed in Appendix-1 of
Section-4, Part-A;
Purchaser will take action as specified in Appendix-1 of Section-4, Part-A.
18. ARBITRATION (Applicable in case of supply orders/Contracts with

firms, other than Public Centre Enterprises) (Not applicable in cases
valuing less than Rs 5 Lakhs)
18.1 .
Except as otherwise provided elsewhere in the contract, if any dispute, difference,
question or disagreement arises between the parties hereto or their respective
representatives or assignees, in connection with construction, meaning, operation,
effect, interpretation of the contract or breach thereof which parties unable to settle
mutually, the same shall be referred to Arbitration as provided hereunder:
(1) A party wishing to commence arbitration proceeding shall invoke Arbitration

Clause by giving 60 days’ notice to the designated officer of the other party.
The notice invoking arbitration shall specify all the points of disputes with
details of the amount claimed to be referred to arbitration at the time of
invocation of arbitration and not thereafter. If the claim is in foreign currency,
the claimant shall indicate its value in Indian Rupee for the purpose of
constitution of the arbitral tribunal.
(2) The number of the arbitrators and the appointing authority will be as under:
Claim amount Number of arbitrator Appointing Authority

(excluding claim for
counter claim, if
any)
Above Rs. 5 lakhs to Sole Arbitrator to be BSNL
Rs. 5 crores appointed from a panel of (Note: BSNL will forward a
arbitrators of BSNL. list containing names of
three empanelled
arbitrators to the other
party for selecting one
from the list who will be
appointed as sole
arbitrator by BSNL)
Above Rs. 5 crores 3 Arbitrators One arbitrator by each
party and the 3rd arbitrator,
who shall be the presiding
arbitrator, by the two
arbitrators. BSNL will
appoint its arbitrator from
its panel.

(3) Neither party shall appoint its serving employee as arbitrator.
4. If any of the Arbitrators so appointed dies, resigns, becomes incapacitated

or withdraws for any reason from the proceedings, it shall be lawful for the
concerned party/arbitrators to appoint another person in his place in the same
manner as aforesaid. Such person shall proceed with the reference from the stage
where his predecessor had left it both parties consent for the same; otherwise, he
shall proceed de novo.
5. Parties agree that neither party shall be entitled for any pre-reference or
pendente-lite interest on its claims. Parties agree that any claim for such interest
made by any party shall be void.
6. Unless otherwise decided by the parties, Fast Track procedure as prescribed

in Section 29 B of the Arbitration Conciliation Act, 1996 for resolution of all disputes
shall be followed, where the claim amount is upto Rs. 5 crores.
[29B. Fast track procedure – (1) Notwithstanding anything contained in this Act,
the parties to an arbitration agreement, may, at any stage either before or at
the time of appointment of the arbitral tribunal, agree in writing to have their
dispute resolved by fast track procedure specified in sub-section (3).
(2) The parties to the arbitration agreement, while agreeing for resolution of dispute
by fast track procedure, may agree that the arbitral tribunal shall consist of a sole
arbitrator who shall be chosen by the parties.
(3) The arbitral tribunal shall follow the following procedure while conducting
arbitration proceedings under sub-section (1):-
(a) The arbitral tribunal shall decide the dispute on the basis of
written pleadings, documents and submissions filed by the
parties without oral hearing;
(b) The arbitral tribunal shall have power to call for any further
information or clarification from the parties in addition to the
pleadings and documents filed by them;
(c) An oral hearing may be held only, if, all the parties make a
request or if the arbitral tribunal considers it necessary to have
oral hearing for clarifying certain issues;
(d) The arbitral tribunal may dispense with any technical
formalities, if an oral hearing is held, and adopt such procedure
as deemed appropriate for expeditious disposal of the case.
(4) The award under this section shall be made within a period of six months from
the date the arbitral tribunal enters upon the reference.
(5) If the award is not made within the period specified in sub-section (4), the
provisions of sub- sections (3) to (9) of Section 29 A shall apply to the
proceedings.

(6) The fees payable to the arbitrator and the manner of payment of the fees shall
be such as may be agreed between the arbitrator and the parties.]
7. The arbitral tribunal shall make and publish the award within time stipulated as
under:
Amount of Claims and Counter Claims Period for making and publishing of the
award (counted from the date the
arbitral tribunal enters upon the
reference)
Up to Rs. 5 crores Within 6 months (Fast Track procedure)
Above Rs. 5 crores Within 12 months
However, the above time limit can be extended by the Arbitrator for reasons to be
recorded in writing with the consent of parties and in terms of provisions of the Act.
8. In case of arbitral tribunal of 3 arbitrators, each party shall be responsible to

make arrangements for the travel and stay, etc. of the arbitrator appointed by it.
Claimant shall also be responsible for making arrangements for travel/stay
arrangements for the Presiding Arbitrator and the expenses incurred shall be
shared equally by the parties.
In case of sole arbitrator, BSNL shall make all necessary arrangements for his
travel/stay and the expenses incurred shall be shared equally by the parties.
9. The Arbitration proceeding shall be held at New Delhi or Circle or SSA

Headquarter ( as the case may be).
10. Subject to the aforesaid conditions, provisions of the Arbitration and

Conciliation Act, 1996 and any statutory modifications or re-enactment thereof shall
apply to the arbitration proceedings under this clause.
19. 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.

20. INTIMATION OF SUPPLY STATUS
The bidders, who are given Purchase Orders, must give the details of the
supplies made against all the Purchase Orders every month on the first
working day of the following month to Executive Engineer (Civil) of the
concernedCivil Division.
21. DETAILS OF THE PRODUCT

The bidder should furnish the name of its collaborator (if applicable), brand
name, model number and type of the products offered in this tender. The
technical literatures of the products should also be submitted. No change in
either technology or product shall be permitted after opening of bids.
22. FALL CLAUSE (This clause shall be applicable for works with stipulated
period of completion exceeding 12 months)
22.1 The prices once fixed will remain valid during the scheduled delivery period
except for the provisions in clause 12.1 of Section-5A. Further, if at any time
during the contract
(a) It comes to the notice of purchaser regarding reduction of price for the
same or similar equipment/ service;
And / or
(b) The prices received in a new tender for the same or similar
equipment/service are less than the prices chargeable under the contract.
22.2 The purchaser, for the purpose of delivery period extension, if any, will
determine and intimate the new price, taking into account various related
aspects such as quantity, geographical location etc., and the date of its effect
for the balance quantity/ service to the vendor. In case the vendor does not
accept the new price to be made applicable during the extended delivery
period and the date of its effect, the purchaser shall have the right to
terminate the contract without accepting any further supplies. This
termination of the contract shall be at the risk and responsibility of the
supplier and the purchaser reserves the right to purchase the balance
unsupplied quantity/ service at the risk and cost of the defaulting vendor
besides considering the forfeiture of its performance security.
22.3 The vendor while applying for extension of time for delivery of
equipment/services, if any, shall have to provide an undertaking as "We have
not reduced the sale price, and/ or offered to sell the same or similar
equipment/ service to any person/ organization including Department of
central/state Government or any central/ state PSU at a price lower than the
price chargeable under the contract for scheduled delivery period."
22.4 In case under taking as in Clause 22.3 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.

23. COURT JURISDICTION
23.1 Any dispute arising out of the tender/ bid document/ evaluation of bids/ issue
of APO shall be subject to the jurisdiction of the competent court at the place
from where the NIT/ tender has been issued.
23.2 Where a contractor has not agreed to arbitration, the dispute/ claims arising
out of the Contract/ PO entered with him shall be subject to the jurisdiction
of the competent Court at the place from where Contract/ PO has been
issued. Accordingly, a stipulation shall be made in the contract as under.
“This Contract/ PO is subject to jurisdiction of Court at ................. only”.
Note:- Mandatory Licensing requirements with regards to security related
concerns issued by the Government of India from time-to-time shall be
strictly followed and appropriate clauses shall be added in all bid documents.
Necessary guidelines in this regard shall be issued separately.
24. General Guidelines:-

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

SECTION –5 Part B
SPECIAL (COMMERCIAL) CONDITIONS OF CONTRACT (SCC)
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. Quality and Testing:

(The competent authority may frame and insert special conditions as per
requirements).

Section 5 Part C
General Conditions of AMC
(Optional as per requirement)
1. Period of Warranty & AMC (if any) shall be prescribed
2. Repair of faulty goods/equipment:
Note: The clause regarding repair of faulty goods/equipment, if required, may be

suitably framed and inserted taking into account all functional and technical
requirements. The clause should be approved by authority competent to
approve NIT.
***

SECTION-6
UNDERTAKING & DECLARATION
6(A) - For understanding the terms & condition of Tender & Spec. of work
a) Certified that:
1. I/ We ……………………………………. have read, understood and

agree with all the terms and conditions, specifications included in the
tender documents & offer to execute the work at the rates quoted by
us in the tender form.
2. If I/ We fail to enter into the agreement & commence the work in time,
the EMD/ SD deposited by us will stand forfeited to the BSNL.
b) The tenderer hereby covenants and declares that:
1. All the information, Documents, Photo copies of the Documents/

Certificates enclosed along with the Tender offer are correct.
2. If anything is found false and/or incorrect and/or reveals any

suppression of fact at any time, BSNL reserves the right to debar our
tender offer/ cancel the LOA/ Purchase/ work order if issued and
forfeit the EMD/ SD/ Bill amount pending with BSNL. In addition,
BSNL may debar the contractor from participation in its future tenders.
Date:
Signature of Tenderer
Place: …………… Name of Tenderer ……………………………….

Along with date & Seal

6 (B) – NEAR-RELATIONSHIP CERTIFICATE:
(Format of the Certificate to be given as per the clause 34 of Section-4 Part-A by
the bidder in respect of status of employment of his/ her near relation in BSNL)
The format of the certificate to be given is
"I…………..s/o…….……r/o……………..hereby certify that none of my relative(s)

as defined in the tender document is/are employed in BSNL Civil Zone as per details
given in tender document. In case at any stage, it is found that the information
given by me is false/ incorrect, BSNL shall have the absolute right to take any action
as deemed fit/without any prior intimation to me."
Signature of the tenderer

With date and seal

SECTION- 7
PROFORMAS
7(A) For the BIDSECURITY/EMD Guarantee

(To be typed on Rs.100/- non-judicial stamp paper)
Sub: Bid Security/EMD guarantee.

Whereas M/s ……………………………
R/o ……………… ………… ……………………………………… (Hereafter referred
to as Bidder) has approached us for giving Bank Guarantee of
Rs. ……………………/- (hereafter known as the “B. G. Amount”) valid up
to …../……/ 20….. (Hereafter known as the “Validity date”) in favour of EE
(__Executive Engineer (Civil) …………insert required details)(hereafter referred to
EE)for participation in the tender of work of ……………………………………………..
vide tender no. ………………………………….
Now at the request of the Bidder, We ………………………………………
Bank …………………………Branch
having ………………………………………… ………. .…………………………………
…. (Address) and Regd. office address
as ……… ………...………………………………………………………………………
……… ……… …………… (Hereinafter called ‘the Bank”) agrees to give this
guarantee as hereinafter contained:
2. We the Bank do hereby undertake to pay the amounts due and payable under
this guarantee without any demur, merely on a demand from the EE stating
that the amount claimed is due by way of loss or damage caused to or would
be caused to or suffered by the EE by reason of breach by the said bidder(s)
of any of terms or conditions contained in the said Agreement or by reason of
the bidder (s) failure to perform the said Agreement. Any such demand made
on the bank shall be conclusive as regards the amount due and payable by
the Bank under this guarantee where the decision of the EE in these counts
shall be final and binding on the bank. However, our liability under this
guarantee shall be restricted to an amount not exceeding the “B. G. Amount”.
3. We undertake to pay to the EE any money so demanded notwithstanding any

dispute or disputes raised by the bidder(s) in any suit or proceeding before
any court or tribunal relating thereto our liability under this present being
absolute and unequivocal. The Payment so made by us under this bond shall
be valid discharge of our liability for payment there under and the bidder(s)
shall have no claim against us for making such payment.

4. We the Bank further agree that the guarantee herein contained shall remain
in full force and effect during the period that would be taken for the
performance of the said agreement and that it shall continue to be enforceable
till all the dues of the EE under or by virtue of the said Agreement have been
fully paid and its claims satisfied or discharged or till EE 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 EE that the EE 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 EE 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
EE or any indulgence by the EE to the said bidder(s) or by any such matter or
thing whatsoever which under the law relating to sureties would, but for this
provision, have effect of so relieving us.
6. Notwithstanding anything herein contained ;

(a) The liability of the Bank under this guarantee is restricted to the “B. G.
Amount” and it will remain in force up to its Validity date specified above.
(b) The guarantee shall stand completely discharged and all rights of the EE
under this Guarantee shall be extinguished if no claim or demand is
made on us in writing on or before its validity date.
7. In case EE demands for any money under this bank guarantee, the same
shall be paid through banker’s Cheque in favour of “…………(insert details
of appropriate authority)
8. The Bank guarantees that the below mentioned officer who have signed it
on behalf of the Bank have authority to give this guarantee under its
delegated power.
Place: ……………………………
Date: ………………………….. (Signature of the Bank Officer)

Rubber stamp of the bank
Authorized Power of Attorney Number: ……………….
Name of the Bank officer: ……………………………..
Designation: ……………………………………
Complete Postal address of Bank: ……………………
………………………………………………………………
Telephone Numbers ……………………………..
Fax numbers ………………………………
7(B) For the Performance Guarantee
(To be typed on Rs.100/- non-judicial stamp paper)
Dated:……………..
Sub: Performance guarantee.
Whereas (__Executive Engineer (Civil) …………insert required details)
R/o …………………………..………… …………………..(hereafter referred to as EE)
has issued an APO no. …………..………. Dated ……/……/20….. awarding the
work of …………… …… … ………………………………….. to
M/s …………………..……………………………
R/o ………………………………………………………………… (hereafter referred to
as “Bidder”) and EE has asked him to submit a performance guarantee in favour of
Executive Engineer (Civil) ……(insert required details)of Rs. …………..……/-
(hereafter referred to as “P.G. Amount”) valid up to ……/……/20………(hereafter
referred to as “Validity Date”)
Now at the request of the Bidder, We ………………………………………
Bank …………………………Branch
having ……………………..…………………… ………. .………………………………
……. (Address) and Regd. office address
as ……… ………...………………………………………………………………………
……… ……… …………… (Hereinafter called ‘the Bank”) agreed to give this
guarantee as hereinafter contained:
2. We, “the Bank” do hereby undertake and assure to the EE that if in the
opinion of the EE, 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 EE the said sum limited to P.G. Amount or
such lesser amount as EE may demand without requiring EE 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 EE shall be conclusive as regards the liability of
Bidder to pay to EE 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 EE regarding the claim.
4. We, the Bank further agree that the guarantee shall come into force from the
date of its issue and shall remain in full force and effect up to its Validity date.

5. The Bank further agrees that the EE 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 EE 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
EE or any indulgence by EE 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.
6. Notwithstanding anything herein contained ;
(a) The liability of the Bank under this guarantee is restricted to the P.G.
Amount and it will remain in force up to its Validity date.
(b) The guarantee shall stand completely discharged and all rights of the
EE under this Guarantee shall be extinguished if no claim or demand
is made on us in writing on or before its validity date.
7. In case EE demands for any money under this bank guarantee, the same
shall be paid through banker’s Cheque in favour of “AO (Cash) BSNL ”
payable at (Name of place)
8. The Bank guarantees that the below mentioned officer who have signed it
on behalf of the Bank have authority to give this guarantee under its
delegated power.
Place: ……………………………
Date: ………………………….. (Signature of the Bank Officer)

Rubber stamp of the bank
Authorized Power of Attorney Number: ……………….
Name of the Bank officer: ……………………………..
Designation: ……………………………………
Complete Postal address of Bank: ……………………
………………………………………………………………
Telephone Numbers ……………………………..
Fax numbers ………………………………

7 (C) For Letter of Authorization for attending Bid Opening Event.
(To be typed preferably on letter head of the company)
Subject: Authorization for attending Bid opening
I/ We Mr. /Ms. …………………………………….. have submitted our bid for

the tender no. ………………………….……… in respect
of …………………… ………………………………………………………….. (Item of
work) which is due to open on …………………. (date) in the,
O/o ………………………………………………………………………………….
We hereby authorize Mr. / Ms. ………………………………& Mr. /

Ms…………….…………(alternative) whose signatures are attested below, to
attend the bid opening for the tender mentioned above on our behalf.
…………………………………….
Signature of the Representative
………………………………… Signature of Bidder/ Officer authorized to sign
Name of the Representative on behalf of the Bidder
…………………………………….
Signature of the alternative Representative
…………………………………………..
Name of the alternative Representative
Above Signatures Attested
Note 1: Only one representative will be permitted to attend the Bid opening
2. Permission for entry to the hall where bids are opened may be refused in
case authorization as prescribed above is not received.

7(D) Model Amendment Letter Intimating Conditions for Extension of
Delivery Period
(Refer to Appendix (i) to clause 15.3 of Section-5 Part A)
Registered A Due
Address of the purchaser

--------------------------------
--------------------------------
To
M/s ………………………………..
………………………………………
Sub: This office contract no………….. dated …………. placed on you for supply
of …………………………………………………………………….
Ref :Your letter no……………………………… dated ……………….

We are in receipt of your letter, wherein you have asked for extension/ further
extension of time for delivery/ execution/ installation/ commissioning.
In view of the circumstances stated in your above referred letter, the time of delivery
can be extended from _______ (original/ last delivery period) to ____________
(presently agreed delivery period) subject to your unconditional acceptance of the
following terms and conditions:
1. That, liquidated damages maybe levied in accordance with agreed checked

ok clause 15.2 & 15.3 Section-5 Part A of terms and conditions of the tender/
PO.
2. That, notwithstanding any stipulation in the contract for increase in price on

any ground, no such increase, whatsoever, which takes place after current
last date of Delivery shall be admissible on such of the said goods as are
delivered after the said date as per checked ok clause 11 Section-5 Part A.
3. An additional BG of Rs._____in accordance with checked ok clause 14.3,

Section- 5PartA of the contract with validity up to _______.
4. An undertaking as required vide checked ok clause 22.3, Section-5A.

Otherwise furnish the details as requisite in checked ok clause 22.4 section
5 Part A”

Please intimate your acceptance of this letter along with 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.

7(E)- Model Amendment Letter for Extension of Delivery Period
Checked ok Appendix (ii) to clause 15.3 of Section-5 Part A
Registered Acknowledgement Due
Address of the purchaser

--------------------------------
--------------------------------
To
M/s ………………………………..
………………………………………
Sub :This office contract no………….. dated …………. placed on you for supply
of ………………
Ref : 1. Your letter no……………………………… dated ……………….
requesting DP extension
2. This office letter no. ……………… dated ……… intimating conditions for
DP extension
3. Your letter no………………….. dated …………. accepting the conditions
for DP extension
In your above letter under reference (1), you have asked for extension/ further
extension of time for delivery/ execution/ installation/ commissioning. The terms and
conditions for extension of delivery period were conveyed to you vide this office
letter under reference (2).
In view of the circumstances stated in your above referred letter, and upon your
unconditional acceptance of the terms and conditions of this extension vide your
letter under reference (3), the time of delivery is hereby extended from _______
(last delivery period) to ____________ (presently agreed delivery period) on the
terms and conditions in letter under reference (2) above and agreed by you vide
letter under reference (3) i.e.:
(a) Liquidated damages maybe levied in accordance with agreed checked ok
clause 15.2 & 15.3 Section-5 Part A of terms and conditions of the tender/
PO.
(b) Notwithstanding any stipulation in the contract for increase in price on any

ground, no such increase, whatsoever, which takes place after current last
date of Delivery/ completion of work shall be admissible on such of the said
goods as are delivered after the said date as per clause 11 Section- 5 Part
A.
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.

SECTION- 8
Bidder’s profile & Questionnaire.
Tenderer / Bidder’s Profile & Questionnaire
(To be filled in and submitted by the bidder)
A) Tenderer’s Profile
1. Name of the Individual/ Firm: ………………………………………………
2. Present Correspondence Address
…………………………..………………
…………..…………………………………………………………………………
…………………………..…………………………………………………………
Telephone No. …………………………….. Mobile No. ………………………...
FAX No. …………………………………………………………………………
3. Address of place of Works/
Manufacture ……….…………….……………………………………………….
………………… ………………….………………………………………………
………………………
Telephone No. ..……………………….. Mobile No. ……………………………
4. State the Type of Firm: Sole proprietor-ship/partnership firm /

(Tick the correct choice): Private limited company.
5. Name of the sole proprietor/ partners/ Director(s) of Pvt. Ltd Co.:
S. No. Name Father’s Name Designation
1.
2.
3.
4.
5.
6. Name of the person authorized to enter into and execute contract/

agreement and the capacity in which he is authorized (in case of
partnership/ private Ltd Company):
……………………………………………………………………………………
……………………………………………..………………………………………
………………….
7. Permanent Account No. : ………………………………………………………

8. GST Registration No.
9. Details of the Bidder’s Bank for effecting e-payments:

(a) Beneficiary Bank Name:………………………………
(b) Beneficiary branch Name:…………………………….
(c) IFSC code of beneficiary Branch……………………..
(d) Beneficiary account No.:……………………………….
(e) Branch Serial No. (MICR No.):………………………...
10. Whether the firm has Office/ works (i.e. manufacture of the tendered item)
in Delhi? If so state its Address
……………………………………………………………………………………
……………………………………………………………………………………
B) Questionnaire
1. Do you think any other detail/ material is required to complete the work
specified in the specification? Yes/ No.
1.1 If Yes, Give details
………………………………………………………………………………………
………………………………………………………………………………………
2. Do you think any other item of work need be included in tender form to
complete the work specified in the specification? Yes/ No.
2.1 If Yes, Give details
………………………………………………………………………………………
………………………………………………………………………………………
3. Suggestion for improvement of the tender document.

……………………………………………………………………………………….
……………………………………………………………………………………….
…………………………………………………………………………………….
Place………………….
Signature of contractor ………………………
Date …………………. Name of Contractor ……………………………

SECTION-9
Part-A
BID FORM
To From,
…………………………………………. ……………………………………….
<Complete address of the purchaser><complete address of the Bidder>
…………………………………………. …………………………………………
……………………………………… …………………………………………
Bidder’s Reference No:……………....………………… …Dated…………………….
Ref:Your Tender Enquiry No. …………………………………dated …………………
1. Having examined the above mentioned tender enquiry document including

amendment/ clarification/ addenda Nos. ......................
dated …………….. ……………the receipt of which is hereby duly
acknowledged, we, the undersigned, offer to supply and
deliver .............................................. in conformity with the said drawings,
conditions of contract and specifications for the sum shown in the schedule
of prices attached herewith and made part of the financial Bid.
2. Bid submitted by us is properly sealed and prepared so as to prevent any
subsequent alteration and replacement.
3. We agree to abide by this Bid for a period of ……….days from the date fixed
for Bid opening or for subsequently extended period, if any, agreed to by us.
This bid shall remain binding upon us up to the aforesaid period.
4. We understand that you are not bound to accept the lowest or any bid, you
may receive.
5. If our Bid is accepted, we will provide you with a performance guarantee from
a Scheduled Bank for a sum @ 5% of the contract value for the due
performance of the contract.
6. If our Bid is accepted, we undertake to complete delivery of all the items and
perform all the services specified in the contract in accordance with the
delivery schedule specified in the Section-2 (Tender Information).
7. Until a formal Purchase Order of Contract is prepared and executed, this Bid
together with your written acceptance thereof in your notification of award
shall constitute a binding contract between us.

Dated: ....... day of ................... 20…
Signature ………………………….
Witness Name ……………………………..
Signature…………………………. In the capacity of ………………………….
Name …………………………….. Duly authorized to sign the bid for and on
Address ...................................... behalf of ..............................................

SECTION-9 Part-B
Part I - Price Schedule
S.No Item description Total Rate inclusive of GST Rate exclusive of GST Total amount Total amount
Quantity & all taxes & all taxes inclusive of GST & exclusive of GST
(A) (B)
all taxes & all taxes
(C) (D) (E)
(C X D) (C X E)
Declaration
1.“We hereby declare that in quoting the above prices, we have taken into account all charges and all applicable taxes.
Name and signature of bidder.

CHAPTER - 5
5. BID BOND GAURANTEE OR EARNEST MONEY DEPOSIT (EMD)
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 Extension of Validity Period

In case, where BSNL finds that it is not able to place Advance Purchase
Order within the validity period of the bid, BSNL can request all bidders to
extend the validity of their respective bids and the EMBGs by a reasonable
period. In such cases, extension of validity of Bid Security Bond by 30 days
beyond the extended validity date of bids should also be asked for. While
BSNL can make the request for extension, the bidder is free to either extend
the validity or refuse the request to extend the Validity.
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 monthof 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
within one month of receipt of such communication. In such cases, the
bidder shall not be considered for further evaluation or ordering.

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 Acceptable forms of EMD

The EMD should be in the form of a Bank Guarantee drawn from a
scheduled bank in favour of BSNL. EMD in the form of Account Payee
Demand Draft, Fixed Deposit Receipt or Banker’s Cheque, safeguarding
the purchaser’s interest in all respects, shall also be acceptable. However,
no interest shall be payable on EMD received in form of DD/banker’s
cheque.
5.8 Proforma for EMBG

A Proforma for obtaining EMBG is provided at checked ok Section-7 (A) of
Chapter 4 (Standard Tender Enquiry Document).
5.9 Verification of the EMBG

EMBG submitted by the bidders must be immediately verified from the
issuing Bank before acceptance.
5.10 EMBG Register

A record of all EMBGs should be kept in EMBG Register in standard
formatgiven 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
Valid up to
Encashme
Extension
Extended
Returned
asked for
Resorted
Bidder EMBG Bond Banker

nt where
Opening
Bidder
to the
Number
Of
***
CHAPTER - 6
6 OPENING OF BIDS
6.1 Opening of bids

Opening of bids is to be done by the Sub-Divisional Engineer/Executive
Engineer concerned. The guidelines for conducting the opening of bids and
the various steps to be taken by the tender opening authority 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 Preparations by the Bid Opening Authority.

The Bid Opening Authorityshould equip itself adequately in advance, to
enable it to carry out its function efficiently during bid opening. These
advance preparation would comprise of the following:
a) Preparing Attendance Register for recording attendance of Bidders.
b) Taking list of bidders who have purchased the bid documents from
Tendering section.
c) Providing adequate number of persons for shifting the documents
from the point of acceptance to the bid opening venue.
d) Ensuring security at the bid opening venue.
e) Making adequate arrangements for issue of passes to enable smooth
entry of the bidders to the bid opening venue.
f) Ensuring provision of public address system, if required, to enable
the bidders to hear information being read out.
g) Making suitable sealing arrangements
h) Making suitable arrangement for receipt, recording and stocking of
the documents.
i) Preparing formats in advance for recording information to be read out
at the time of opening of Bids and preparing its minutes.
j) Preparing direction pointers, notice etc. for display at prominent
location to guide bidders to Bid Opening venue.
6.3 Venue
The Bid Opening would preferablybe conducted in office of Executive
Engineer/Sub Divisional Engineer concerned, which can accommodate

comfortably, BSNL officers forming the Bid opening Team as well as bidders,
who participate in the tender.
6.4 Essential Requirements to enable a Bidder to Participate in Bid

Opening
The participation of bidders in bid opening would be restricted to those
Bidder, who fulfill all the following conditions:
a) Representative of Bidders, who have been authorized in writing by
their principals to participate in the bid opening and possess such
letters of authorization in original.
b) Bidders who claim to have submitted their bids subject to limit of 2
persons per firm.
c) Bidders who have either purchased the bid document or claim to have
downloaded the bid documents from BSNL site.
Those, who do not meet the above conditions would be deemed to be
unauthorized and would not be allowed to enter the Bid Opening Venue and
participate in the bid opening.
6.5 Bid Opening Process

6.5.1 The Bid opening process should start at the time/date given in the NIT.
Suitable entries shall be made in the Attendance Register along with the
signature of the authorized participating bidders.
6.5.2 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 authority inviting tender (EE or SDE as the case may be),
and a receipt to 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 allow such 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.
6.5.3 In case of e-tendering please refer checked ok Section 4 Part C of Chapter
4.
6.6 Information to be read out in Bid Openingfor Manual Bidding process.

6.7.1 Kindly follow instructions stated in checked ok clause 19.3 of section 4
PartA(General Instructions to Bidders).

6.6.1 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.
6.6.2 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.
6.6.3 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.
6.6.4 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
checked ok 19.3(iii &iv) of Section4 PartA(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.
6.6.5 The bid opening Authorityshall record in its report itself if bid security is not
submitted as per checked ok clause 12.1 & 12.3 of Section-4 Part A of the
Bid Document or bid validity is less than the time prescribed in checked ok
clause 13.1, Section-4 PartA of the Bid Document.
6.6.6 In case of e-tendering process please refer Section 4 Part C of Chapter 4.
6.7 Report of the Bid opening Authority

6.7.1 In all cases, it should be ensured that the bid opening is completed on the
same calendar day. The bid opening Authoritywould 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.
6.7.2 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.
6.7.3 Submission of Bid Opening Report
The Bid Opening Authorityshould submit the report of the Bid Opening and
recommendations on the bid to the tender accepting authority.
6.8 Making Over of Bids

6.8.1 The Bid Opening Authorityshould make over the bid opening report along
with the complete set of the bids and other documents after the opening of
the bids to the accepting authority.
***

CHAPTER –7
SCRUTINY OF TENDERS
In case of tenders falling beyond the competency of Executive Engineer,

after opening the tenders in the manner mentioned in Chapter-6, and keeping a
record as given, and preparation of comparative statement, the Executive
Engineer will send the same to the office of the Superintending Engineer/Chief
Engineer (i.e. the tender accepting authority concerned) and the detailed scrutiny
will be done in the office of that accepting authority. The market rates for
preparation of justification will, however, be sent by the Executive Engineer.
In case of tenders within the powers of Chief General Manager (BW)

/Central Works Board, complete scrutiny will be done in the office of the Chief
Engineer concerned.
PROCESSING AND ACCEPTANCE OF TENDERS
For processing and acceptance of tenders, the procedure as described in

CPWD Works Manual 2014 (with upto date correction slips) and as applicable for
procurement of services in BW unit of BSNL shall be adopted.The existing
instructions regarding delegated financial powers and as applicable for
procurement of services for BW unit of BSNL shall also be applicable for these
procurements.

CHAPTER 8
8.1Check-List for Requisition of equipment/goods before placing Purchase

Orders
8.1.1While the Purchase Proposal is under approval, Planning unit of Tender
approving authority should request the concerned field unit to furnish the details
required for incorporating in the APOs/ POs. Following information is to be given
by the field units 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 SSA-wise/ Site wise distribution of quantities
(signature)
EE (C)/ SDE (C)
8.1.2Incomplete requisitions not containing above data will be returned

forthwith.

CHAPTER – 9
PERFORMANCE BANK GUARANTEE
9.1 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.
9.2 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.
9.3 Validity of Performance Security
9.3.1 The validity period of Performance Security in the form of
Performance Bank Guarantee should be 12 months beyond the stipulated
date of completion.
9.3.2 In no case it should be less than the period by which all the
contractual obligations of the bidders in the respective tenders are likely to
be fulfilled.
9.3.3 BSNL may ask for extension(s) of the validity period till the time all
contractual obligations have been satisfactorily performed by the supplier.
9.4 Action to be taken on Receipt of Bank Guarantee from the

Supplier
9.4.1 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.
9.4.2 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.
9.4.3 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.
9.4.4 Periodic Monitoring of Register: A periodic monitoring of the status
of the validity of the bank guarantee vis-à-vis the performance of the
supplier against the contract is necessary to ensure that the bank guarantee
is available to BSNL, if required.
9.5 Importance of Bank Guarantee Register

Bank Guarantees are one of the remedies available to the BSNL for
covering risk during the performance of the contract. It is therefore
necessary that bank guarantee be properly entered in the register and
monitored so that these remedies are available. Monthly checks of all the
pending bank guarantees which expire in the next three months are
necessary. All bank guarantees which are likely to expire during the next
three months, should be followed up with regard to the performance of the
supplier against the contract. In case the supplier has satisfactorily
performed this contract, then no further action will be taken. However, in
case the supplier has not performed satisfactorily, then it would be
necessary to ask for an extension of validity of bank guarantee for a further
period of 3 months to 1 year so that these remedies would continue to be
available to the BSNL. Therefore, when the monthly check-up of the bank
guarantee register is carried out, the bank guarantees likely to expire in the
next three months needs to be separated out in two categories viz.
a) which are by and large OK and
b) where extensions need to be asked for immediately.
9.6 Extension of Bank Guarantee

9.6.1 If extension of the Bank Guarantee is required then the supplier
should be intimated at least two months before the expiry date for furnishing
the extension well in time. If extension is not received 15 days before the
expiry of the Bank Guarantee, then a formal letter should be issued to the
bank asking for revocation unless the Bank Guarantee is extended as per
BSNL requirements. If the Bank Guarantee is not extended then it should

be encashed as per para 9.9.2.
9.6.2 It should be ensured that the Bank Guarantee is not allowed to expire
in any circumstances.
9.7 Operation of the Set-off Clause

Till now the suppliers are being asked to furnish bank guarantee for each
purchase order. At present, there is no practice for an omnibus bank
guarantee, covering say one year. In order to cover risk element, the
purchase order should contain a set-off clause which will enable BSNL to
encash any bank guarantees against any other purchase order given by the
same supplier. Therefore, it is prudent to keep all the bank guarantees of a
supplier recorded at the same place in the register so that the operation in
the set-off clause wherever felt necessary could be under taken without any
problem.
9.8 Release of Bank Guarantee

Before bank guarantee is released, it should be ensured that the equipment
/ goods has been taken over satisfactorily by BSNL, no claim is pending
against the supplier and that the equipment are working satisfactorily during
warranty period. The combination of "taken over" certificate and "no claim"
certificate will lead to release of the bank guarantee to the supplier.
9.9 Encashment of Bank Guarantee

9.9.1 This is resorted to where the supplier fails to honour its contractual
obligations. The precaution to be taken is to ensure that the bank guarantee
is still valid. A formal letter to the bank giving particulars of the guarantee
number asking for revocation of the Bank guarantee in favor of the BSNL,
needs to be issued.
9.9.2 Even in case where BSNL has asked for extension well in advance,
the extension has not been given by the bank, then it is within the rights of
the BSNL to encash the bank guarantee just prior to the date of expiry and
the bank is bound to honour this revocation.
9.10 Acceptable Forms of Performance Security

The Performance Security should be in the form of a Bank Guarantee
issued by a scheduled bank in favour of BSNL. Performance security in the
form of Account Payee Demand Draft, Fixed Deposit Receipt or Banker’s
Cheque, safeguarding the purchaser’s interest in all respects, shall also be
acceptable. However no interest shall be payable on this account.

9.11 Format of Performance Security (PBG)
A model format of Performance Bank Guarantee is provided at Section-7
(B) of Chapter 4(Standard Tender Enquiry Document).
9.12 Verification of the Bank Guarantees

Bank Guarantees submitted by the bidders as Performance security or
additional bank guarantee must be immediately verified from the issuing
Bank before acceptance

CHAPTER –10
10 ADVANCE PURCHASE ORDER
10.1 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.
10.2 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 / goods 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
10.3 Format
Format of an APO is given below for ready reference.

ADVANCE PURCHASE ORDER FORMAT
Bharat Sanchar Nigam Ltd.
(A Govt. of India Enterprise)
(Insert office address and contact details)
File No………………………… Dated…………………

APO NO: ……………………………
To,
<complete address of the Vendor>
Subject: Placement of Advance Purchase Order for supply

of ………………………………….
Reference: (i) This office T.E. No………………………………Dated……………

(ii) Reference of clarifications issued update
(iii)Your Bid Ref. No……………………………… Dated …………..
Dear Sir,
On behalf of BSNL, an Advance Purchase Order (APO) is hereby placed

on you for the supply of …………….. as per the technical specifications,
commercial & special terms & conditions of the tender under reference. The APO
is likely to be converted into detailed Purchase Order after receipt of your
unconditional / unequivocal acceptance to this APO along with PBG for an amount
of Rs…………….. The Bank Guarantee to be furnished should be strictly in BSNL
format issued by an Indian Nationalized/ Scheduled Bank. The Bank Guarantee
should be valid for a minimum period of……………….. and may be submitted in
duplicate (one original copy & one photo copy). This APO is governed by the
General (Commercial) Conditions of Contract (Attached as Annex-A), Special
(Commercial) Conditions of Contract (Attached as Annex-B) and the Special
(Technical) Conditions and Technical Specifications (Attached as Annex-C). The
subject APO is being placed on following terms & conditions.
1. Conversion of the APO into Purchase Order

The APO is likely to be converted into detailed Purchase Order (PO) after
receipt of your unconditional/ unequivocal acceptance of this APO along
with Performance Bank Guarantee (PBG) for an amount of
Rs…………………… with all other documents and information as called for

in this APO. The PBG to be furnished should be issued by a
Nationalized/Scheduled Bank and strictly in accordance with the BSNL
format .
2 Quantity
………..
3. 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. Item Qty. Approved price Total Amount in

No Nos. including all taxes Rs
and charges in
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 / goods supplied will be strictly in accordance with the
specifications laid down by the BSNL. The supply shall be made only after
Engineer-in-charge has carried out necessary inspection/testing and
approved the equipment/goods for supply to BSNL.
5. Payment terms
5.1 The payment schedule will be as under (The payment schedule shall be
mentioned):
5.2 The payment shall be made in Indian Rupees
6. Warranty
The warranty of the equipment / goods will be for 12 months period starting
from the date of the completion of supply/works. The supplier will provide
support service during this warranty through its factory facilities or its

Regional Repair centers. The warranty of the equipment / goods shall be as
per checked ok clause No. 10 of General (Commercial) conditions and
clause No.……. of Special (Commercial Conditions, if any).
7. Delayed supply and LD
8. Fall Clause:
9. Annual Maintenance Contract (AMC)

Terms & conditions of AMC are attached as Annexure-G.
10. Scope of the Work.

The scope of work will be as under ( as per Annexure).
11. Technical Specifications.-
12. 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.
13. 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.
14 The supplier shall submit unconditional acceptance to all the technical,

commercial clauses/conditions of the tender document, GR and
clarifications issued, along with acceptance of the APO and submission of
PBG within 14 days from the date of issue of this APO failing which the APO
is liable to be cancelled without prejudice to BSNL’s right to take actions as
per provisions of tender document
15. This APO & PO/Contract is subject to jurisdiction of Court at …….. only.
Yours faithfully
EE (Civil) / SDE (Civil)
Enclosures:-

1. General (Commercial) Conditions of Contract (Annexure-A) - …… pages.
2. Special (Commercial) Conditions of Contract (Annexure-B) - …... pages.
3. Technical Specifications (Annexure-C) …… pages.
4. Detailed Bill of Material (Annexure-D) ….. pages.
5. Make & Model List (Annexure-E) …… pages
6. Circle wise (or SSA wise) allocation list (Annexure-F) …… pages
7. Terms and conditions of AMC (Annexure-G) …… pages.
Copy to :
1. PCE (C) / CE (C)
2. SE (C)
3. SDE (Civil) concerned
4. Office copy.
***

CHAPTER –11
PURCHASE ORDER
11.1Conditions for issue
The issue of Purchase Order in any procurement is subsequent to the
following conditions being met:
a) The Tender is approved by the competent authority.
b) The purchase proposal being approved and concurred by the
competent administrative authority and finance advice.
c) The successful bidder/bidders accepting the Letter of Intent/Advance
Purchase order containing all the commercial clauses and prices
unconditionally.
d) The successful bidders providing the required Bank Guarantee from
the Nationalized/ Scheduled Bank.
e) The Purchase Order shall be issued on firm prices only.
f) Any other condition required to be met.
11.2 Competent Authority to Issue Purchase order

On the fulfillment of the conditions necessary to issue the Purchase Order,
the designated EE (Civil) / SDE (C) would be competent authority to issue
the Purchase Order.
11.3 Purchase Order Format

A sample format of purchase Order is given in checked ok Annexure11.1
for ready reference.

Annexure- 11.1
PURCHASE ORDER FORMAT

(A Govt. of India Enterprise)
(Insert office address and contact details)
File No.__________________
Dated__________
PO NO……………………………………..
Subject:- PURCHASE ORDER FOR THE SUPPLY OF …………………………..
______________________________________________________________
1 Name & :
Address of
Contractor
2 Name of : Bharat Sanchar Nigam Ltd.,.

Purchaser A Government of India Enterprise
(Hereafter referred to as Purchaser).
3 Purchaser’s I T.E.No……………………………………………
reference
Ii BSNL APO No…………………………………..
4 Contractor’s i Your acceptance to above APO vide your letter
reference ii No. …………..
iii
5 Scope of the :
PO
6 Consignee :
Details,
Paying
Authority etc.
7 Delivery 7.1 The total delivery period for supply of …………… equipment
Schedule shall be …………..from the date of placement of Advance
Purchase Order. The first …………..months shall be for
validation and lead time for preparation. The supplies shall be
evenly distributed month-wise and circle-wise as given
below:- (The delivery schedule will be mentioned)
7.2 If the supplier fails to complete the supply during the original
delivery period, the purchaser reserves the right to cancel the
Purchase Order & take action according to the terms &
conditions of the tender.
8 Performance : M/s……….has accepted the APO unconditionally/
Bank unequivocally & has furnished performance bank guarantee
Guarantee for an amount of Rs………….. vide BG
No. ……….dated ……… by………….. and this PBG is valid
upto …………...
19 Quantity and
Price
The detailed prices are given below:
Sl. Item Qty. Approved price including all Total amount in Rs

No Nos. taxes and all charges in Rs
11 Specification : The complete goods /equipment supplied shall be strictly in

accordance with stipulated specifications as contained in
tender document and all other amendments & clarifications
issued/ to be issued by this office.
12. Insurance : The equipment shall be got insured by the Contractor up to a

minimum period of……………..days after store is delivered to
the consignee. The supplier will be responsible till the entire
quantity of the stores ordered for arrival in good working
conditions at destination is received by consignee. The
consignee will immediately but not later than prescribed
period of insurance of arrival of the stores at the destination
notify the contractor of any loss or damage to the store that
may have occurred during transit. The period of insurance
cover will be indicated by the contractor to consignee/ paying
authority. In case of any loss/ damage during transit the case

will be lodged by supplier with the concerned authority on
receipt of report from the consignee/ paying authority. The
store should on no account be dispatched, delivered without
getting them tested/ accepted by Engineer-in-charge.
13 Installation :
&Commissioning
14 Repair Center : If mandated as per contract provisions, the supplier shall have
to establish nodal repair centers in India for undertaking repair
of faulty goods/equipment.The turnaround time for such
repairs shall be maximum 21 days The supplier shall clearly
intimate the site for such repairs in advance.
15
15 Training :
16 Documentation :
18 Warranty :
19 Other conditions 19.1 The supply of ………….equipment shall be governed as per

of the contract General (commercial) conditions of the contract given in
Annex.-B and special conditions of contract given in Annex.-
C and as per procurement manual ………..
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 4 part A
in the bid document.

20 F Fall clause :
21. Jurisdiction of Court : This PO/Contract is subject to jurisdiction of Court at ---(Name of

place)only
Executive Engineer/Sub Divisional Engineer (Civil )

Enclosures:-1.General (Commercial) Conditions of Contract (Annexure-A) - ……
pages.
2. Special (Commercial) Conditions of Contract (Annexure-B) - …...
pages.
3. Special (Technical) Conditions & Technical Specifications
(Annexure-C) …… pages.
4. Detailed Bill of Material (Annexure-D) ….. pages.
5. Make & Model List (Annexure-E) …… pages
6. Circle wise (or SSA wise) allocation list (Annexure-F) …… pages
7. Terms and conditions of AMC (Annexure-G) …… pages.
Copy to :
1. PCE (C) / CE (C).
2. SE (C)
3. SDE (C) ………………..
4. …………………..
Yours faithfully
( )
.
***

CHAPTER –12
12 PRICING AND PRESERVATION OF THE TENDER DOCUMENTS
12.1 Pricing of the tender documents

12.1.1 The company incurs expenditure for the preparation of bid
documents. It is also desirable that only the genuine prospective bidders
should acquire these bid documents to avoid wastage. With this in view, it
is decided that the bid documents to be issued to the prospective bidder
must be sold at the pre-determined price. The price of the document is
determined on an estimated cost of procurement and is indicated below:
Sl.No Estimated cost of tender Bid document price
I Upto Rs 1 Lakh Rs 100/-
ii Above Rs 1 Lakh and upto Rs 50 Lakh Rs 500/-
iii Above Rs 50 Lakh and upto Rs 1 Crore Rs 1,000/-
iv Above Rs 1 Crore and upto Rs 10 Crores Rs 2,000/-
v Above Rs 10 Crores and upto Rs 50 Crores Rs 4,000/-
vi Above Rs 50 Crores and upto Rs 150 Crores Rs 8,000/-
vii. Above Rs 150 Crores Rs 10,000/-
Note: Bid documents for limited tenders of estimated cost uptoRs 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. Applicable
GST will be charged over and above the bid document price.
12.2 In case of tenders invited through e-tendering process Tender Document,

Clarifications issued by purchaser, Bid data downloaded during the Tender
Opening events shall be saved & backup of same shall be kept on suitable
media such as DVD/CD under signature of all Tender opening Officers.
The data saved as above shall be used as reference for providing details
of bids if required in future by any agency.
***

CHAPTER - 13
CONCESSIONS TO MSE UNITS
13.1 The guidelines, issued by Ministry of Micro, Small & Medium

Enterprise (MSME), Government of India regarding concessions for Micro&
Small Enterprise Units registered with District Industries Centres or Khadi&
Village Industries Commission or Khadi& Village Industries Board or Coir
Board or National Small Industries Corporation(NSIC) or Directorate of
Handicrafts & Handloom or any other body specified by Ministry of Micro,
Small & Medium Enterprise,have been considered by the BSNL (Corporate
Office) and it has been decided that these units shall be allowed the following
concessions.
13.2 Supply of Tender Documents

The tender documents shall be issued to MSE bidders free of cost provided
the tendered item is listed in the Registration Certificate of MSE.
13.3 Exemption from payment of Bid Security deposit /Earnest

Money Deposit
The MSE units registered with bodies as detailed in para 13.1 above shall
be given exemptionfrom payment of Bid Security deposit provided the
tendered item is listed in the Registration Certificate of MSE.
a) A proof regarding current registration with bodies as detailed in para 13.1
above for the tendered items will have to be attached alongwith the bid.
b) The enlistment certificate issued by bodies as detailed in para 13.1
should be current & valid on the date of opening of bid.
***

CHAPTER - 14
Copies of Letters / Circulars / Annexures

Guidelines for procurement of Decentralized items.
[Jt.DDG (MMS) BSNL CO No.60-8/2000-MMS/508Dated 21-06-01]
1. Kindly refer to this office letter of even No. dated 11.4.2001 wherein
the decision of BSNL, Board was intimated to Heads of Telecom
Circles for the items required to be purchased through centralized /
decentralized procurement.
2. It has now been decided that the following guidelines may be followed
by the Circles for procurement of the decentralized items.
3. Procurement shall be done following transparent tendering procedure
in consistence with the overall procurement policy of the BSNL.
4. While procuring, the existing inventory and inventory in the pipeline
should also be accounted for. Circles should take into account their
consumption pattern while assessing their requirements. Utmost care
should be taken to ensure that piling up the inventory is avoided. Care
is also to be exercised in assessing the requirement of items where
no norms are prescribed.
14.4Clarification regarding acceptance of Single Tender Cases.

[ADG (WSF) BSNL CO No. 6-15/2000-EB(Pt.III) Dated0 8-04-05]
14.4.1 A letter was issued by MM Cell vide 51-1/04-MMC/696 dated
11.10.04 (Annex.) whereby it was clarified that a similar case related to
procurement of switching equipment by Punjab Telecom Circle through
open tender, in which only one bidder was found techno commercially
responsive was examined at HQ level. Instructions were issued with the
concurrence of Member (Finance), Telecom Commission vide letter No.
380-09/2000 –TPS (Inet) dated 5.5.2000 (annex.II) that “a limited or single
response to an open tender will not be viewed as a case of single tender”.
14.4.2 . Meanwhile, ‘WS` Cell had issued instructions vide letter of even
number dated 10.2.2005(annex.III) whereby it was mentioned that
delegated financial powers under item no. 17.3 –“Award of work by
accepting single tender where open tenders have been called for any and
only one tender was received” should be exercised by invariably following
Rule 441-C P&T Manual Volume II.
14.4.3 . Due to above two diverse instructions on the same issue,
there was confusion in field units on issue of manner for deciding Single
Tender cases and some references have been received in this regard.

The issue was brought before the Management Committee, which has
approved that:
Single tender cases should be decided as per the MM Cell instructions
issued vide letter No. 51-1/04-MMC/696 dated 11.1.0.04 (annex.I) which
clarifies that “A limited or single response to an open tender will not be
viewed as a case of single tender”, subject to condition that the competent
authority will approve the tender with the concurrence of his IFA after
satisfying himself/herself that the Tender Evaluation Committee has
recommended the case after verifying the following conditions:
(a) Wide publicity was given for the subject tender.
(b) Tender specifications are generic in nature
(c) Qualified bidder meets all the tender specifications, terms and
condition
(d) Rates are reasonable
(e) All the guidelines/policies regarding procurement of telecom
equipment and stores in BSNL are observed.
(f) In all such cases approval of single tender will be reported to the
next higher authority for information.
This letter supersedes our earlier letter of even number dated 10.2.2005.
All the field units are requested to follow the above instructions strictly for
deciding the single tender cases. In consonance with above, BSNL BW unit
has also issued similar clarification to all field units vide Letter No. 16-
14/2016 W(T) dated 05/01/2018.
14.5 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.
14.6 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 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”.
14.7 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).
14.8 Procurement of material/stores in emergent cases

[ADG (MMY) BSNL CO No. 3-2/2004-MMT/Pt.-II Dated 05.08/09-05]
It has been brought to the notice of BSNL H/Q by different field units that
the flow chart of Procurement existing in our Procurement Manual does not
cater for the procurement of materials/stores in limited time i.e. in emergent
cases such as meeting the needs in natural calamity and to provide
specialized services to valuable customers on demand in their specified
time frame.
The case was examined in BSNL H/Q and the position is clarified as under :-
The time limits prescribed for various activities in the flow chart existing in
the Procurement Manual are the maximum limits. These can always be
suitably compressed by field units as per need and circumstances. In fact,
every effort must be made to finalize the tenders as early as possible.
However, the minimum time from issue of NIT to opening of tender may be
kept as 7 (Seven) days. Any clarification to the queries of any prospective
bidder may be replied at least one week before the date of tender opening.
Accordingly tenders may be finalized expeditiously.
14.9 Frequent violation of tender procedure – Issue of instructions –

Regarding.
[ADG (MMY) BSNL CO No. 3-2/2004-MMT/Pt.-II Dated 10-11-05]
Union Public Service Commission has adversely commented against the

violation of tender procedure in BSNL and emphasized the need of a
deterrent mechanism to check the possibility of any irregularity in purchase
of equipment/stores.
The BSNL has already updated its Manual of Procurement in the June 2003
to cope with the need of PSU taking care & incorporating views of various
field units, guidelines/instructions of CVC/DOT and other Govt. agencies
and issued to all field units, alongwith its availability on BSNL website for
strict adherence. The guidelines/instructions received from CVC and DOT
are also 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.
14.10 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.
1. 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 company’s 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
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.
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
A. 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 Board’s Management’s 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
Company’s/Firm’s 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
B. 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 body’s authorized
signatory duly witnessed, shall be sent, with the following certificate at
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 competent authority. 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]

CVC Circulars regarding Negotiations
No.OFF-1-CTE-1(Pt.) VIII
Government of India
Central Vigilance Commission
Satarkta Bhawan, Block-A,
4th Floor, GPO Complex,
INA, New Delhi
Dated: 02 May, 2005
To
ShriAvinashAgarwal,
Jt. DDG (MMT),
Statesman House, 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 9/10-3-2005 on the
subject cited above. In this connection, it is informed that the procedure
being adopted by BSNL in case order is to be placed on more than one
bidder, does not appear to be in order. Counter offer simultaneously to L-2,
L-3 bidders alongwith L-1 bidder is against the Commission’s guidelines of
negotiations with L-1 bidder only. Further as per BSNL procedure, if lower
quoting firm backs out, inter-se ranking is recast and counter offer is made
to next eligible bidder in the ranking, while as per Commission’s instructions,
in a situation where L-1 backs out re-tendering is to be done.
2. It is therefore, advisable that even is case where order is to be placed on
more than one bidder, counter offer is initially made to L-1 bidder only. Only
after L-1 bidder accepts the counter offer, L-2 bidder is offered the counter
offered rate and so on.
3. Please acknowledge the receipt.
Yours faithfully,
(P.K. Kanchan)
Technical Examiner

No.OFF-1-CTE-1(Pt.) VIII
Government of India
SatarktaBhawan, INA,
GPO Complex, Block-A
New Delhi:110023
Dated: 17 Aug, 2005
To
ShriAvinashAgarwal,
Jt. DDG (MMT),
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

Bharat Sanchar Bhawan, Janpath
New Delhi-110001
(MMT Section)
F.No. 3-2/2004-MMT/Pt.-II Dated: 27.07.2007
To
All Chief General Managers,
Telecom Circles/Telecom Districts/Telecom Projects/
Maintenance Regions/Task Force/Telecom Stores, Kolkata/
NCES/DATA Networks/Telecom Factories/
QA Circle/T&D Circle.
Subject:- Tender process – Negotiations with L-1.
Kindly find enclosed herewith a Circular No. 4/3/07 of letter No.
005/CRD/012 dated 03.03.2007 from Central Vigilance Commission, Govt.
of India, Satarkta Bhawan, Block-A, GPO Complex, INA, New Delhi-110023
on the above cited subject for necessary action please.
Encl. – As above.
(S.P. Singh)
ADG (MMY)
Copy for kind information to :—
1. PS to CMD, BSNL Corporate Office, New Delhi.
2. Director (Plg. & NS)/(Operation)/(HRD)/C&M)/(Finance), BSNL CO.
3. All Sr. DDGs/DDGs of BSNL Corporate Office.
4. Jt. DDG (MMT)/(MMD)/(MMC)/(MMS)
5. ADG (MMX)
6. OSD to DDG (MM) for putting on BSNL Intranet.
7. Office Copy/Guard File.

No.005/CRD/012
Government of India
SatarktaBhawan, 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 Commission’s 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.
(vi) As regards the splitting of quantities, some organizations have
expressed apprehension that pre-disclosing the distribution of
quantities in the bid document may not be feasible, as the capacity of
the L-1 firm may not be known in advance. It may be stated that if,
after due processing, it is discovered that the quantity to be ordered is
for more than what L-1 alone is capable of supplying and there was no
prior decision to split the quantities, then the quantity being finally
ordered should be distributed among the other bidders in a manner
that is fair, transparent and equitable. It is essentially in cases where
the organizations decide in advance to have more than one source of
supply (due to critical or vital nature of the item) that the Commission
insists on pre-disclosing the ratio of splitting the supply in the tender
itself. This must be followed scrupulously.
(v) Counter- offers to L-1, in order to arrive at an acceptable price, shall
amount to negotiations. However, any counter-offer thereafter to L-2,
L-3, etc., (at the rates accepted by L-1) in case of splitting of quantities,
as pre-disclosed in the tender, shall not be deemed to be a negotiation.
2. It is reiterated that in case L-1 backs-out, there should be a re-tender.
3. These instructions issue with the approval of the Commission and may
please be noted for immediate compliance.
(VineetMathur)
Deputy Secretary
All Chief Vigilance Officers
13.12 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.
13.13 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.

Chapter 15
Guidelines for taking action against vendors who default
15.1 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 Company’s Memorandum of Association and Articles of
Association and the Indian Companies Act and other applicable Government
instructions/ guidelines issued from time to time.
15.1.1 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.
15.1.2 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.
15.2 . While strict adherence to the stipulations of each such contract is a pre-
requisite, there are occasions, where deviations also take place. The
respective Officer-in-charge of the Contract working under branch head
(Nodal Officer), in whose jurisdiction a particular Agreement/ Understanding
etc. falls, is expected to monitor the progress of implementation of the
particular Agreement/ Understanding etc. to avoid a situation where BSNL
stands to lose its strength in getting the best performance from any such
contract.

15.3 . Needless to reiterate that “Time is essence of each contract”.
15.3.1 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
Administration/ Management of the particular activity to substantiate or make
it a fit case for taking action against any defaulting contractor/ supplier etc.
14.4 In case any default is committed by a bidder/ vendor/ contractor,

effort need be made to notify him and give him chance to present his view
point i.e. hear his side. Adequate opportunity of hearing should be given and
the explanation, if tendered, should be considered before passing any order
keeping in view the facts and circumstances of the case.
15.4.1 In case his explanation is not found satisfactory then action need be taken
to safeguard the interest of BSNL and prevent participation of fraudulent/
non-performing vendors to ensure smooth operations of our procurement
process.
15.5 Different type of defaults committed by the vendors &actions to be

taken thereof:
The various types of defaults committed by the vendors and the actions to be
taken are indicated in Appendix-1 to Section 4A Chapter 4 of Procurement
Manual.
15.5.1 The actions against defaulting vendors can be broadly classified as:-
(i) Forfeiture of EMD/ SD/ PG;
(ii) Termination of contract;
(iii) Withdrawal of TSEC/ IA;
(iv) Banning of business dealings.
15.5.2 Banning of business with a defaulting vendor is warranted in case of
(i) breach of any contractual obligation;
(ii) Detection of an offence involving moral turpitude in relation to business
dealing; or
(iii) An offence of malpractices, etc. which, if established, will warrant
banning of business dealing.
15.6.0 Implementation of the guidelines:

15.6.1 The actions as given in column (C) for various defaults mentioned in
column (B) of Appendix-1 to section 4A of Chapter 4will supersede all other
provisions mentioned in the Procurement Manual 2012.

15.6.2 These guidelines shall be applicable for all telecom Units of BSNL.
These may be followed by Civil, Electrical & Architectural Wing also wherever
they are not in contravention of the provisions given in CPWD Manual.
15.6.3 After issue of business banning order,
(a) In case any tender is under process of finalization then the offer/ bid of
the debarred vendor shall be rejected summarily and necessary action
shall be taken to finalize the tender (for full tendered quantity) with the
remaining vendors.
(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.
15.6.4 The business banning order issued by any tender inviting/ approving
authority will be effective for the area under his jurisdiction only.
15.6.4.1 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.
15.6.4.2 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.
19.6.5 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 concerned
branch of the Circle/ BSNL corporate office through the Vigilance wing or the
CVO BSNL, as the case may be, for further necessary action.
19.6.6 The Court cases arising out of the banning orders issued will be dealt
by the tender inviting /approving authority (officer of concerned unit or any
other officer nominated by tender inviting/ approving authority).
15.7 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.
15.8.0Revocation of Orders: 19.8.1 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 4and shall
continue to remain in force until it is specifically revoked by concerned tender
inviting/ approving authority or his controlling officer.
15.9.0 If a banning order has been issued then the appeal against banning order
shall lie with the next higher authority
15.10. 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.
15.10.1Tender inviting authority while issuing orders for banning of business (and/
or its revocation) shall endorse a copy to BW Unit BSNL C.O. which 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.
15.11 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.
*****

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.

ANNEXURE- 1A
Letter to vendor intimating deficiency & asking him to submit his reply
(Sample Draft)
Regd. AD
(A Govt. Of India Enterprise)
o/o………………………….. (State full postal Address)
Tel. No………………….. Fax No……………………E-mail: …………………..
To,
M/s………………….
………………………
………………………
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 …..…………………… ……………………………………………. (Bank’s
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: SDE (C) / EE
(C)…………
Copy to: - 2) O/c.

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
O/o………………………….. (State full postal Address)
To,
M/s………………….
………………………
No……………………………………………………………. Dated…………………….
NOTICE

Your Ref.: - 1) No……………………….dated………………….. from ………..
2) Offer/ bid received against BSNL tender no……………..opened
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
No………………………………………opened 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,
Name …………………….
(C) …………
Copy to: - 2) O/c.

ANNEXURE-1B (ii)
Letter to vendorwho has not replied to the letter issued by the Tender Inviting/
Approving Authorityasking him to submit his written reply (Sample Draft)
Regd. AD
Tel. No………………….. Fax No……………………E-mail: …………………..…..
To,
M/s………………….
No……………………………………………………………. Dated…………………….
NOTICE

Our Ref.:- Letter no. ………………… Dated …………. From ………….
Your Ref.: - 1) Offer/ bid received against BSNL tender no……………..opened
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,
Name …………………….
(C) …………
Copy to: - 2) O/c.

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
…..
To,
M/s………………….
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
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,
Name ……………………
(C) ………..
Copy to: - 2) O/c.
3) PCE (C) / CE (C).

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
To,
M/s………………….
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
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,
Name ……………………
(C) …………
Copy to: - 2) O/c.
3) PCE (C) / CE (C)

*****
Appendix-1 to Section 4 Part A of Chapter 4 (Standard Tender
Enquiry Document)
S. Defaults of the bidder / vendor. Action to be taken

No.
A B C
1(a) Submitting fake / forged i) Rejection of tender bid of respective
Vendor.
a) Bank Instruments with the bid ii) Banning of business for 3 years
to meet terms & condition of which implies barring further dealing
tender in respect of tender fee with the vendor for procurement of
and/ or EMD; Goods & Services including
participation in future tenders invited by
b) Certificate for claiming BSNL for 3 years from date of issue of
exemption in respect of tender banning order.
fee and/ or EMD; iii) Termination/ Short Closure of
PO/WO, if issued. This implies non-
and detection of default at any acceptance of further supplies / work &
stage from receipt of bids till services except to make the already
award of APO/ issue of PO/WO. received material work/ 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) Submitting fake / forged

documents towards meeting
eligibility criteria such as
experience capability, supply
proof, registration with GST,
Income Tax departments etc and
as supporting documents towards
other terms & conditions with the
bid to meet terms & condition of
tender :
(i) If detection of default is prior i) Rejection of Bid &

to award of APO ii) Forfeiture of EMD.
(ii) If detection of default after i) Cancellation of APO ,
issue of APO but before receipt of ii) Rejection of Bid &
PG/ SD (DD,BG etc.) iii) Forfeiture of EMD.

No.
A B C
1(b) (iii) If detection of default after i) Cancellation of APO
cont receipt of PG/ SD (DD,BG etc.) . ii) Rejection of Bid &
d. iii) Forfeiture of PG/ SD.
However on realization of PG/ SD
amount, EMD, if not already released
shall be returned.
(iv) If detection of default after i) Termination/ Short Closure of
issue of PO/ WO PO/WO and Cancellation of APO
ii) Rejection of Bid &
iii) Forfeiture of PG/ SD.
However on realization of PG/ SD
amount, EMD, if not released shall be
returned.
Note 3:- However, settle bills for the material received in correct quantity
and quality if pending items do not affect working or use of supplied items.
Note 4:- No further supplies are to be accepted except that required to
make the already supplied items work.
2 If vendor or his representative
uses violent/ coercive means viz.
Physical / Verbal means to
threatens BSNL Executive /
employees and/ or obstruct him
from functioning in discharge of
his duties & responsibilities for the Banning of business for 3 years which
following : implies Barring further dealing with the
a) Obstructing functioning of vendor for procurement of Goods &
tender opening executives of Services including participation in
BSNL in receipt/ opening of tender future tenders invited by BSNL for 3
bids from prospective Bidders, years from date of issue of banning
suppliers/ Contractors. order.
b) Obstructing/ Threatening other
prospective bidders i.e. suppliers/
Contractors from entering the
tender venue and/ or submitting
their tender bid freely.
3 Non-receipt of acceptance of Forfeiture of EMD.
APO/ AWO and SD/ PG by L-1
bidder within time period specified
in APO/ AWO.

No.
A B C
4.1 Failure to supply and/ or i) Termination of PO/ WO.
Commission the equipment ii) Under take purchase/ work at the
/goods and /or execution of the risk & cost of defaulting vendor.
work at all even in extended iii) Recover the excess charges if
delivery schedules, if granted incurred from the PG/ SD and
against PO/ WO. outstanding bills of the defaulting
Vendor.
4.2 Failure to supply and/ or i) Short Closure of PO/ WO to the
Commission the equipment / quantity already received by and/ or
goods commissioned in BSNL and/ or in
and /or execution of the Work in pipeline provided the same is usable
full even in extended delivery and/or the Vendor promises to make it
schedules, if granted against PO/ usable.
WO. ii) Undertake purchase/ work for
balance quantity after foreclosure and
forfeiture of the PBG of defaulting
vendor.
iii) Recover the excess charges, if
incurred, from the PG/ SD and
outstanding bills of the defaulting
Vendor.
5.1 The supplied equipment /goods i) If the material is not at all acceptable,
do not perform satisfactory in the then return the non-acceptable
field in accordance with the material (or its part) & recover its cost,
specifications mentioned in the if paid, from the o/s bills/ PG/ SD.
PO/ WO/Contract. OR
ii) If the material is acceptable with
degraded performance, the purchaser
may determine the price for degraded
equipment/goods (Financial penalty =
Price – price determined for degraded
equipment / goods) himself and/ or
through a committee.
Undertake recovery of financial penalty
from outstanding dues of vendor
including PG/ SD.

No.
A B C
5.2 Major quality problems (as i) If the material is not at all acceptable,
established by tender accepting then return the non-acceptable
authority /CET, performance material (or its part) & recover its cost,
problems and non-rectification of if paid, from the o/s bills/ PG/ SD;
defects (based on reports of OR
users). ii) If the material is inducted in use & it
is not possible to return it and/ or goods
are acceptable with degraded
performance, the purchaser may
determine the price for degraded
equipment / goods(Financial penalty =
equipment / goods) himself and/ or
Undertake recovery of financial penalty
from outstanding dues of vendor
including PG/ SD;
and
6 Submission of claims to BSNL i) Recovery of over payment from the
against a contract outstanding dues of Vendor including
(a) for amount already paid by EMD/ PG & SD etc. and by invoking
BSNL . ‘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
b) for unit rate and/ or amount
till the date of recovery of over
higher than that approved by
payment in full, whichever is later.
BSNL for that purchase.
Note 5:- The claims may be submitted with or without collusion of BSNL
Executive/ employees.
Note 6:- This penalty will be imposed irrespective of the fact that payment
is disbursed by BSNL or not.

No.
A B C
7 If the vendor is declared bankrupt i) Termination/ Short Closure of the

or insolvent or its financial PO/ WO.
position has become unsound ii) Settle bills for the quantity received
and in case of a limited company, in correct quantity and quality if
if it is wound up or it is liquidated. pending items do not affect working or
use of supplied items.
iii) No further supplies are to be
accepted except that required to make
the already supplied items work.
iv) In case of turnkey projects, If the
material is commissioned and is
usable without any degradation of
performance, then settle bills for the
acceptable equipment/ material (or its
part).
v) In case of turnkey projects, if the
material is inducted in use& it is not
possible to return it and/ or goods are
acceptable with degraded
equipment /goods(Financial penalty =
equipment/goods) himself and/ or
through a committee. (continues to
page 171)
8 Undertake recovery of financial

con- penalty from outstanding dues of
td. vendor including PG/ SD.

No.
A B C
9 In the event of the vendor, its i) Termination/ Short Closure of the
proprietor, Director(s), partner(s) PO/ WO.
is / are convicted by a Court of ii) Settle bills for the goods received in
Law following prosecution for correct quantity and quality if pending
offences involving moral turpitude items do not affect working or use of
in relation to the business supplied items.
dealings. iii) No further supplies are to be
accepted except that required to make
the already supplied items work.
iv) In case of turnkey projects, If the
material is commissioned and is
usable without any degradation of
performance, then settle bills for the
acceptable equipment/ material (or its
part).
v) In case of turnkey projects, If the
material is inducted in use& it is not
possible to return it and/ or goods are
acceptable with degraded
equipment /goods(Financial penalty =
equipment/goods) himself and/ or
Undertake recovery of financial
penalty from outstanding dues of
vendor including PG/ SD.
10 If the vendor does not return/ i) Take action to appoint Arbitrator to
refuses to return BSNL’s dues: adjudicate the dispute.

a) inspite of order of Arbitrator. i) Termination of contract, if any.
ii) Banning of business for 3 years
which implies barring further dealing
with the vendor for procurement of
Goods & Services including
participation in future tenders invited
by BSNL from date of issue of banning
order or till the date by which vendor
clears the BSNL’s dues, whichever is
later.

No.
A B C
10 iii) Take legal recourse i.e. filing
con- recovery suite in appropriate court.
td.
b) inspite of Court Orders. i) Termination of contract, if any.
ii) Banning of business for 3 years
which implies barring further dealing
with the vendor for procurement of
Goods & Services including
participation in future tenders invited
by BSNL from date of issue of banning
order or till the date by which vendor
clears the BSNL’s dues, whichever is
later.
11 If the Central Bureau of Take Action as per the directions of
Investigation/ / Income Tax/ GST CBI or concerned department.
Departments recommends such a
course
12 The following cases may also be

considered for Banning of
business:
(a) If there is strong justification
for believing that the proprietor,
manager, MD, Director, partner,
employee or representative of the
vendor/ supplier has been guilty i) Banning of business for 3 years
of malpractices such as bribery, which implies Barring further dealing
corruption, fraud, substitution of with the vendor for procurement of
tenders, interpolation, Goods & Services including
misrepresentation with respect to participation in future tenders invited
the contract in question. by BSNL for 3 years from date of
issue of banning order.
(b) If the vendor/ supplier fails to
execute a contract or fails to
execute it satisfactorily beyond
the provisions of Para 4.1 & 4.2.
(c) If the vendor/ supplier fails to
submit required documents/
information, where required.
(d) Any other ground which in
the opinion of BSNL is just and
proper to order for banning of
business dealing with a vendor/
supplier.
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 which will continue along with settlement of Bills.
*****

Civil BSNL Manual For Procurement of Good Eqpt Booklet 28 Mar 19

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Civil BSNL Manual For Procurement of Good Eqpt Booklet 28 Mar 19

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BHARAT SANCHAR NIGAM LIMITED

(A Government of India Enterprise)

(Effective from March 2019)

Bharat Sanchar Nigam Limited

Visit us at: www.bsnl.co.in

BSNL Procurement Manual for BW Unit Page 1

CHAPTER - 2.................................................................................................... 8-11

CHAPTER - 3.................................................................................................. 12-18

BSNL Procurement Manual for BW Unit Page 2

CHAPTER - 4.................................................................................................. 19-88

BSNL Procurement Manual for BW Unit Page 3

BSNL Procurement Manual for BW Unit Page 4

BSNL Procurement Manual for BW Unit Page 5

1.2. Purchase of goods for purchases worth up to Rs 25,000/-

1.3. Purchase of goods by purchase committeefor purchases worth above

BSNL Procurement Manual for BW Unit Page 6

1.7. Rate Contract Route

2. GUIDELINES FOR USER SECTIONS

2.1. Role of the User Section

2.2. Need/ Quantity

BSNL Procurement Manual for BW Unit Page 8

2.4. Deciding the Eligibility Criteria

2.5. Guidelines for Framing the Specifications and Technical Requirements

BSNL Procurement Manual for BW Unit Page 9

2.6. Special Instructions to Bidders and Special Conditions of Contract

BSNL Procurement Manual for BW Unit Page 10

2.8. Check-List of Items in a Requisition for Procurement of Material

This issues with the approval of PGM ( ) / GM ( )/ concerned head of User

BSNL Procurement Manual for BW Unit Page 11

3.1. Preparation of Tender Enquiry Document

3.2. Standard Tender Enquiry Document

BSNL Procurement Manual for BW Unit Page 12

3.3. Section-1–Detailed Notice Inviting Tender (DNIT) & Newspaper NIT

3.4 Section 2-Tender Information

3.5 Section 3- Scope of Work, Technical Specifications/Requirements and

3.7 Section-4 Part B - Special Instructions to Bidders(SIB)

3.7.4.1 Eligible Bidders (refer GIB clause 2):

BSNL Procurement Manual for BW Unit Page 14

BSNL Procurement Manual for BW Unit Page 15

3.8 Section-5 Part A - General (Commercial)Conditions of Contract(GCC)

3.9 Section-5-B - Special (Commercial) Conditions of Contract (SCC)

3.9.4.4 Payment Terms (refer GCC clause 11):

3.9.4.5 Liquidated Damages (LD) (refer GCC clause 16):

3.10 Section 9 – Price Schedule

BSNL Procurement Manual for BW Unit Page 17

BSNL Procurement Manual for BW Unit Page 18

STANDARD TENDER ENQUIRY DOCUMENT

No. ……… Dated:

BSNL Procurement Manual for BW Unit Page 19

Designation of authority inviting tender

BSNL Procurement Manual for BW Unit Page 20

Detailed NOTICE INVITING E-TENDER (DNIT)

S. No. Name of the Estimated Cost Bid Cost of Bid

Note 1: 25 % of the Estimated Quantity/requirement in this tender Enquiry is

BSNL Procurement Manual for BW Unit Page 21

4. Eligibility Criteria: - The bidder should have

6. Date & Time of Submission of Tender bids: on or before ………….

7. Opening of Tender Bids:Tender bid shall be opened after 30 minutes of

8. Place of opening of Tender bids:

BSNL Procurement Manual for BW Unit Page 23

BSNL Procurement Manual for BW Unit Page 24

BSNL Procurement Manual for BW Unit Page 25