Docstoc

GUJARAT TELECOM CIRCLE

Document Sample
GUJARAT TELECOM CIRCLE Powered By Docstoc
					                                CMTS/COM/5-22 DTD 02.08.2010




                        BHARAT SANCHAR NIGAM LIMITED
                                 (A Government of India Enterprise)


                         G U J A R AT T E L E C O M C I R C L E




                              BID DOCUMENTS

                                        VOLUME I

        TENDERED ITEM                  QUANTITY                       T.E.NO. & DATE
     SUPPLY OF PREPAID SCRATCH         100,00,000 N OS .         CMTS/ COM / 5-22 Dated
     CARDS FOR BSNL MOBILE                                       02.08.2010
     SERVICE                              (1.0 C R ORE )




                      OFFICE OF GENERAL MANAGER (CMTS),
              3 R D FLOOR, VASTRAPUR TELEPHONE EXCHANGE BUILDING,
                NEAR BIMANAGAR, VASTRAPUR, AHMEDABAD 380 015.
                     PH. 079 –2676 2676 FAX 079 - 2675 0092
                        Visit us at : www.gujarat.bsnl.co.in

                CST TIN NO. : 24570701489                 GST TIN NO. : 24070701489




                                                   1
BI         BIDDER SIGNATURE
                         CMTS/COM/5-22 DTD 02.08.2010




                          TABLE OF CONTENTS


S ECT ION
    I       N OTICE I NV IT ING T ENDER
   II       SCHEDULE OF REQUIREM ENTS     & TECHINICAL SPECIFICATIONS
   III      SPECIAL CONDIT IO NS O F THE CONTRACT




                          BIDDERS SIGNATURE                        P AGE 2
                                     CMTS/COM/5-22 DTD 02.08.2010



                                            SECTION - I
                                   NOTICE INVITING TENDER
                             BHARAT SANCHAR NIGAM LIMITED
                                        ( A Government of India Enterprises )

                             OFFICE OF THE GENERAL MANAGER (CMTS),
                          GUJARAT TELECOM CIRCLE , AHMEDABAD - 380 015

Sealed tenders are invited from registered and established manufacturers possessing valid Type Approval
Certificate (TAC) issued by Department of Telecommunications (DOT) / Bharat Sanchar Nigam Limited
(BSNL) for procurement of the items detailed below:

1. Tender Enquiry Reference                       : No. CMTS/COM/5-22 Dated 02.08.2010

2.   Period of sale of bid documents              : From 27.09.2010 to 25.10.2010
3.   Price of bid document (Non refundable)       : Rs. -1000/- (i.e. Rs. One thousand only)
4.   Last date and time of bid submission         : Up to 13.30 Hrs on 25.10.2010
5.   Date and time of bid opening                 : 25.10.2010 at 15.00 Hours

                                 Specifications          Quantity           Bid Security       Max. no of
                                                                                               bidders on whom
                                                                                               orders are likely
                                                                                               to be placed
     SUPPLY OF                GR No. GR/PSC-                              Rs.1,04,000 ,in
     PREPAID                  01/02 FEB 2008           1,00,00,000       the form of B.G./           TWO
     SCRATCH CARDS            (Paper Type) Cat-           Nos.             D.D. from any
                              III (4 in 1)
     FOR BSNL                                             Cards             Nationalised
     MOBILE SERVICE                                    (One Crore)             Bank

        Tender documents can be obtained from DE CMTS ( Comml), 3nd floor, Vastrapur Telephone Exchange
Bldg., Vastrapur, Ahmedabad from 1100 Hrs. to 1500 Hrs. on any working day on production of Cash / Crossed
Demand Draft of Rs.1000/- in favour of Accounts Officer (CMTS), O/o the GM CMTS, BSNL, Ahmedabad .
        The complete set of Bid Documents (Vol-I & Vol-II) is available on the website of Gujarat Telecom Circle
( www.gujarat.bsnl.co.in) and the downloaded copy shall be considered valid for participation in the tender process.
However, such Bidder who is participating in this tender, is required to pay an amount of Rs. 1000/- as Bid Form
fee (Non refundable) in the form of crossed Demand Draft / Pay Order from any Nationalised Bank only,
payable at Ahmedabad and drawn in favour of Accounts Officer (CMTS), O/O GM (CMTS), BSNL,
Ahmedabad". "The original Demand Draft/Pay order should invariably be attached with the Bid document
downloaded from BSNL Web Site, in separate envelope only,clearly earmarked on envelope as „ Bid Form Fee „
Non receipt of bid form fee in prescribed mode of payment, will disqualify the bidder and bid submitted
will be summarily rejected.

                                                                           DE CMTS (Comml).
                                                                           Ph. 079 – 26762676.




                                      BIDDERS SIGNATURE                                                  P AGE 3
                            CMTS/COM/5-22 DTD 02.08.2010


                                    SECTION - II

           SCHEDULE OF REQUIREMENTS & TECHNICAL SPECIFICATIONS



Item :--       SUPPLY OF PREPAID SCRATCH CARDS FOR BSNL MOBILE
               SERVICE


Technical :-- :-- GR No. GR/PSC-01/02 FEB 2008 (Paper Type) Cat-III (4 in 1)
Specifications

Quantity :--   1,00,00,000 Nos.. (One Crore only)




                              BIDDERS SIGNATURE                                P AGE 4
                                     CMTS/COM/5-22 DTD 02.08.2010


                                                SECTION - III


                            SPECIAL CONDITIONS OF THE CONTRACT
1.    The special conditions of contract shall supplement the Instructions to the Bidders as contained in Vol.
      II (Section I) and General Conditions of the Contract as contained in Vol. II (Section II). Wherever
      there is a conflict, the provisions herein shall prevail over those in Vol. II.

2.    The following documents must be submitted along with the bid:

2.1   i      The bank guarantee for bid security, or NSIC registration in respect of SSI units as prescribed under
             Clause 12, Section – I, Vol. II of the Bid Document.

      ii     List of Purchase orders issued by any units of BSNL for the tendered items executed during last two
             years along with the certificates of their successful completion in the form of photocopies of
             Inspection Certificates (ICs) issued by QA Wing of BSNL.

      iii Copy of Type Approval Certificate (TAC) for the Goods valid on the date of opening of the tender.

      iv Deleted

      v      Quantity offered for supply against this tender along with proposed monthly supply schedule starting
             from the date of placement of the PO must be separately indicated in the “Annexure to Bid Form” as
             at Part I, Section III of Vol. II of the Bid Documents.

      vi. Certificate regarding non working of Bidder‟s near relative as per the format given in clause no. 34
          section-I of Bid Document-II.

2.2   The Bank Guarantee for bid security or NSIC Certificate for claiming exemption from submission of Bank
      Guarantee against bid security, as prescribed in the relevant clauses of the bid document and the Type
      Approval Certificate and Proof of execution of Educational Order/ Commercial Order shall be submitted
      along with the bids in a separate cover. The Bank Guarantee so submitted shall be as per the format given
      in Section V 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. The cover should be
      superscripted as “BID SECURITY & TYPE APPROVAL CERTIFICATE FOR TENDER No.
      …………………………………….……… ………………….. ISSUED ON ………………………..”

2.3   In case of bids not accompanied with documents as mentioned and in the manner in Clause 2.1 and 2.2
      above, the cover containing commercial, technical and financial offers SHALL NOT BE OPENED
      AND THE BID SHALL BE REJECTED AND RETURNED TO THE BIDDER UNOPENED.

3.    The small scale industries registered with National Small Scale Industries Corporation (NSIC) for the
      tendered item under single point registration scheme and desirous of claiming concessions available to such
      units inclusive of bid security should submit their latest NSIC certificates and documents in respect of
      their monetary limit and financial capability duly certified by NSIC




4.    (i)        The supply will be accepted only after quality assurance tests are carried out by the Quality
                 Assurance Wing of BSNL as per prescribed schedule and material passing the test successfully.

      (ii)       The QA units of BSNL while clearing the equipments / stores will strictly adhere to the package
                 discipline as described in Purchase Order, Supplies made in full, as per Purchase Order, of all the




                                      BIDDERS SIGNATURE                                                  P AGE 5
                                                  CMTS/COM/5-22 DTD 02.08.2010


                            packages during delivery period only will be deemed to have been supplied within the scheduled
                            delivery period.

       5.           In case the validity of the type approval certificate of the Goods is likely to expire during the validity of this
                    tender or during currency of the Purchase Order, if placed on him, the Supplier shall take proper action
                    either to get his Type Approval Certificate revalidated or to obtain fresh Type Approval Certificate as the
                    case may be, well in advance so that the supply against the order, if placed on him, is not delayed for non
                    availability of Type Approval Certificate. Any delay on this issue shall be to the Supplier's account and no
                    extension in time over the period stipulated in the Purchase Order shall be admissible.

       6.           DISTRIBUTION OF QUANTITY

            (i)     The Purchaser intends to limit the number of technically and commercially responsive bidders to 2 (Two)
                    from the list of such bidders arranged in increasing order of their evaluated prices starting from the lowest
                    for the purpose of ordering against this tender. The bidder with the lowest evaluated price (L-1) will be
                    considered for about 70% of the tendered quantity and the second lowest evaluated price (L-2) balance
                    quantity 30% will be ordered .. However, the purchaser reserves the right for the placement of order of
                    entire tendered quantity on the bidder with the lowest evaluated price.

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

            (iii)   The bidder shall quote for supplying at least 50% of the tendered quantity. Offers for lesser quantity may
                    be ignored at the time of evaluating the bids.

(iv)   If two or more bidders quote the same composite price, their bids will be treated as one bid for the
       purpose of determining the total order quantity for them as per the paragraph 6(i) above. The total order
       quantity so determined will be equally distributed amongst such bidders. In such situation, the number of
       bidders on whom the orders are placed may not be limited to the maximum number as indicated in
       paragraph 6(i) above.

(v)    BSNL reserves the right to depart from the above guidelines for distribution of ordered quantities amongst
       successful bidders depending upon the urgency and other factors prevailing at the time of evaluating the bids.

7.     DELIVERY SCHEDULE

7.1    The bidder shall have to supply at least 4% of awarded quantity, every fortnight The fortnightly supply
       shall be increased or decreased depending on actual requirement and the successful bidder shall be in a position to
       supply the same within the delivery schedule

7.2    The date of delivery will be the date of receipt of the Goods by the ultimate consignee.


8.     LETTER OF INTENT
       The issue of Letter of Intent shall constitute the intention of the Purchaser to enter into the contract with the
       bidder. The Earnest Money / Bid Security shall be discharged upon the bidder after furnishing the performance
       bond by the bidder.
9.     PERIOD OF VALIDITY OF BIDs
9.1    Bid shall remain valid for 150 days from the date of bid opening prescribed by the Purchaser. A bid valid for a
       shorter period shall be rejected by the Purchaser as non-responsive.

9.2    In exceptional circumstances the Purchaser may request the Bidder's consent for an extension to the period of bid
       validity. The request and the responses thereto shall be made in writing. The bid security provided under Clause 9



                                                    BIDDERS SIGNATURE                                                      P AGE 6
                                                   CMTS/COM/5-22 DTD 02.08.2010


            shall also be suitably extended. A Bidder may refuse the request without forfeiting his bid security. A Bidder
            accepting the request and granting extension will not be permitted to modify his bid.

10.         BID SECURITY (EARNEST MONEY)

10.1        i) The Bidder shall furnish as part of his bid, a bid security for an amount as mentioned in the Notice Inviting
            Tender. The Bidder (small scale units) who are registered with National Small Scale Industries Corporation (NSIC)
            under SINGLE POINT REGISTRATION SCHEME are exempted from payment of bid security up to the
            amount equal to their monetary limit or Rs. 50 Lakhs which ever is lower. In case of bidders having monetary limit
            as "No Limit" or “without limit” or exceeding Rs. 50 lakhs, the exemption will be limited to Rs. 50,00,000/- (Rs.
            Fifty lakhs) only as per existing policy of BSNL. A proof regarding current registration with NSIC for the
            TENDERED ITEMS will have to be attached along with the bid. (F.No. 3-7/2004-MMT/Pt. dtd. 17.12.2004.

            ii) If a vender registered with NSIC under single point registration scheme claiming concessional benefits is
            awarded work by BSNL and subsequently fails to obey any of the contractual obligation, he will be debarred from
            any further work / contract by BSNL for one year from the date of issue of such order. ( F.No. 3-2/2004-
            MMT/Pt.III dtd. 5th June, 2004.)

10.2        The bid security is required to protect the Purchaser against the risk of Bidder's conduct, which would warrant
            forfeiture of the bid security pursuant to Para 10.7.

10.3        The bid security shall be in the form of a Bank Guarantee issued by Nationalised / scheduled bank in favour of the
            purchaser, valid for a period of 180 days from the date of tender opening. Bid security payable with this tender,
            is to be paid in the form of Bank Guarantee / crossed Demand Draft / Pay Order from any Nationalised Bank
            only, payable at Ahmedabad and drawn in favour of Accounts Officer (CMTS), O/O GM (CMTS), BSNL,
            Ahmedabad". "The original Bank Guarantee / Demand Draft/Pay order / Pay slip should invariably be attached
            with original tender. The tender received without prescribed form of bid security or received by Cheque/Currency
            Notes etc., enclosed with the tender will be rejected..

10.4        A bid not secured in accordance with paragraphs 10.1 & 10.3 above shall be rejected by the Purchaser as
            non-responsive at the bid opening stage and returned to the bidder unopened.

10.5        The bid security of the unsuccessful Bidder will be discharged/returned as promptly as possible but not later than
            30 days after the expiry of the period of bid validity prescribed by the Purchaser pursuant to Clause 12.


10.6        The successful Bidder's bid security will be discharged upon their acceptance of the advance purchase order
            satisfactorily pursuant to Clause 27 of Vol-II, and furnishing the performance security.
10.7        The bid security may be forfeited :

       a.   if a Bidder withdraws his bid during the period of bid validity specified by the Bidder in the Bid Form or

       b. in the case of a successful Bidder, if the Bidder fails

            i.      to sign the contract in accordance with Clause 28 of Vol-II¸ or

            ii.     to furnish performance security in accordance with Clause 27 of Vol-II.

10.8.       In both the above cases, i.e. 10.7 (a) and (b), the bidder will not be eligible to participate in the tender for same item
            for one year from the date of issue of PO. The bidder will not approach the court against the decision of BSNL in
            this regard.

11.         PERFORMANCE SECURITY

            The supplier shall furnish performance security to the purchaser for an amount equal to 5% of the value of quantity
            awarded / purchase order within 14 days from the date of issue of LOI issued by the Purchaser.



                                                    BIDDERS SIGNATURE                                                      P AGE 7
                                            CMTS/COM/5-22 DTD 02.08.2010


12.    FIRMS REGISTERED WITH NSIC

12.1   An SSI firm having valid registration with the National Small Scale Industries Corporation (NSIC) for the Goods as
       per specifications in the tender, under Single Point Registration Scheme shall be exempted from furnishing Bid
       security/ Performance Security up to the monetary limit as mentioned in the said NSIC registration certificate
       subject to maximum exemption of Rs. 50 Lakhs (even for NSIC firms with monetary limit as "without limit") They
       shall be required to furnish the Bid Security/Performance Security as per stipulation of Performance Security for
       the value of Purchase Order in excess of the said monetary limit. The firm should submit its monthly turnover duly
       certified by NSIC in support of its claims for meeting the delivery schedule.

12.2   In case the registration of the bidder/supplier with NSIC becomes invalid due to any reason(s) at any time after
       submission of the bid and till execution of the contract, the firm shall notify such invalidation/withdrawal of the
       registration within one week of such event. The decision taken by the Purchaser upon receipt of such information
       regarding continuation of the contract shall be binding on the bidder/supplier.

12.3   The purchaser reserves the right to verify the validity of the NSIC registration at any time after submission of the
       bid and during the performance of the contract, if entered into with the firm. In case the NSIC registration is found
       invalid, the bid is liable to be summarily rejected and POs if any placed on the firm shall be cancelled/short-closed
       at the risk and cost of the bidder/supplier. The firm may also be debarred from participating in future tenders of
       Gujarat Telecom Circle for suitable period.
13.    The purchaser reserves the right to disqualify such bidders who have a record of not meeting contractual
       obligations against earlier contracts entered into with the purchaser.

14.    The purchaser reserves the right to debar a bidder/supplier from participating in the future tenders for a period as
       decided by the Purchaser in case the bidder fails to honour his bid or the supplier fails to execute the purchase
       order without sufficient grounds after conveying its unconditional acceptance.

15     If a bidder having availed exemption from submission from EMD/performance security deposit on the strength of
       the registration with NSIC fails to accept the detailed purchase order /fails to supply the ordered stores as per
       delivery schedule mentioned in the purchase order, then such vendor would be required to pay the penalty
       equivalent to EMD/Performance security deposit as the case may be.

16     Deleted

17.    ISSUE OF FORM C

       BSNL shall issue Form „C‟ against the procurement envisaged thro‟ this tender. Bidder may therefore quote their
       all-inclusive rate taking this aspect into account.

18.    PAYING AUTHORITY

       Paying authority shall be Chief Accounts Officer (CMTS), BSNL, O/o General Manager CMTS , Gujarat Telecom
       Circle, Vastrapur, Ahmedabad-380 015.



19.    BILLS TO BE SUBMITTED TO

       The bills shall have to be submitted to DE CMTS (Coml.) O/O. General Manager (CMTS), Vastrapur Telephone
       Exchange, Gujarat Telecom Circle, Ahmedabad-380 015

20.    Prepaid scratch card shall meet TEC New Delhi specification no. GR No. GR/PSC-01/02 FEB 2008 (Paper
       Type) Cat-III (4 in 1) for different denominations value of the scratch card with art work supplied by BSNL.

21     The contractor shall have to print and supply to the G.M. (CMTS), Ahmedabad, approximately 1,00,00,000 ( One
       crore ) Prepaid scratch cards . The complete job will include procurement of material specified in G.R. No.
       GR/PSC-01/02 FEB 2008 (Paper Type) Cat-III (4 in 1) , it‟s printing & free delivery at Vastrapur Telephone



                                              BIDDERS SIGNATURE                                                  P AGE 8
                                            CMTS/COM/5-22 DTD 02.08.2010


        Exchange Bldg/ Any SSA of Gujarat Telecom Circle as per order, along with printing of secret code by the
        printing machine of supplier, as per specifications and terms & conditions of tender No. CMTS/COM/5-22
        dated 02.08.2010.The order may be placed for a quantity of Prepaid scratch cards as per time to time requirement .

22      The delivery of Prepaid scratch cards has to be made to The JTO/ SDE (CMTS) Vastrapur Telephone
        Exchange Building, Ahmedabad / SDE/AOCMTS of SSA Concern as per terms & condition of the tender.

23      All items of the goods shall be tested / inspected by the Inspecting Authority (Q.A. wing of BSNL) OR as
        specified by the C.G.M. (QA), Bangalore, before dispatch.

24      In no circumstances the bidder shall make attempt to part with the output files containing secret codes of
        the coupons which is confidential in nature.

25      The CONTRACTOR shall, whenever called upon to do so, give full information with regard to the status of
        work in hand and shall also permit the General Manager (CMTS), Ahmedabad or any other officer
        nominated by him, to Inspect the CONTRACTOR'S premises at all reasonable times and shall give all
        Assistance and information as may be required by him in connection with the contract.

26     The Contractor shall be solely responsible for the correctness of the material supplied and secret code printing.

27      The CONTRACTOR shall supply 5 specimen cards of each denomination within 2 days of final handing over of
        the input materials for card printing.

28      PENALTY
        i)      If any error or defect is detected due to the fault of the CONTRACTOR at any time after delivery of the
        ordered cards, the CONTRACTOR shall have to rectify such error or defect at his own cost to the satisfaction of
        the General Manager (CMTS), Ahmedabad within the time frame fixed by BSNL.


        ii)      In the event of total rejection of the work, the General Manager (CMTS), Ahmedabad, may at his own
        discretion, permit the CONTRACTOR to supply the correct fresh scratch cards at CONTRACTOR'S own cost
        within a specified time frame.
        iii)     In the event of any breach of or non-fulfillment of any contractual obligation by the CONTRACTOR, the
        Security Deposit shall be forfeited.

 29.    Each page of the Bid document & bid offer must be signed by the bidder or authorized signatory on behalf of the
        bidder.

 30.    SECURITY IN PRINTING OF 16 DIGIT SECRET CODE

             16 DIGIT SECRET CODE IS TO BE PRINTED ON THE HIDDEN PART OF THE
        PREPAID SCRATCH CARD. FOR THIS PURPOSE THE OUTPUT FILES WILL BE MADE
        OVER TO THE SUPPLIER BY BSNL IN SOFT COPY WITH PASSWORD . PREPAID
        SCRATCH CARDS SHALL BE PRINTED BY THE SUPPLIER ONLY ONCE AND MADE OVER
        TO BSNL. THE OUTPUT FILES SHALL BE DESTROYED BY THE SUPPLIER AFTER THAT .

              PRINTING OF PREPAID SCRATCH CARD IS HIGHLY CONFIDENTIAL MATTER
        AND THE SUPPLIER NEEDS TO GIVE AN UNDERTAKING TO THIS EFFECT THAT NO
        MATERIAL INFORMATION ABOUT THE DATA SUPPLIED BY BSNL WILL BE DIVULGED
        TO ANY OUTSIDER AND THAT THE CARDS SHALL NOT BE DUPLICATED. ALL THE
        FILES WHICH ARE GIVEN TO THE SUPPLIER ARE KEPT STRICTLY CONFIDENTIAL.
        DUPLICATING OF THE CARDS IS AN OFFENSE AND THE SUPPLIER WILL UNDERTAKE
        TO KEEP THE SECRECY. ANY MALPRACTICE FOUND IN THIS REGARD WILL BE
        TREATED CULPABLE.
 30-A Bidder has to submit Mutual Non Disclosure Agreement as per section VII.



                                              BIDDERS SIGNATURE                                                P AGE 9
                  CMTS/COM/5-22 DTD 02.08.2010




          BHARAT SANCHAR NIGAM LIMITED
                    (A Government of India Enterprise)


          G U J A R AT T E L E C O M C I R C L E




                BID DOCUMENTS

                          VOLUME I I

      T. E. N O . CMTS/COM/5 -22             D A TE D     02.08.2010



        OFFICE OF GENERAL MANAGER (CMTS),
3 R D FLOOR, VASTRAPUR TELEPHONE EXCHANGE BUILDING,
 NEAR BIMANAGAR, VASTRAPUR, AHMEDABAD 380 015.
       PH. 079 –2676 2676 FAX 079 - 2675 0092
          Visit us at : www.gujarat.bsnl.co.in

  CST TIN NO. : 24570701489                   GST TIN NO. : 24070701489




                   BIDDERS SIGNATURE                                      P AGE 10
              CMTS/COM/5-22 DTD 02.08.2010




               TABLE OF CONTENTS

Section

          Check List for Bidders

   I      Instructions to Bidders

  II      General Commercial Condition of the Contract

  III     Part-I Bid Form

          Part-II Price Schedule

  IV      Bid Security Bond Performa

  V       Performance Security Performa

  VI      Letter of authorisation for attending bid opening

 VII      Mutual Non Disclosure Agreement




               BIDDERS SIGNATURE                              P AGE 11
                                  CMTS/COM/5-22 DTD 02.08.2010


                               CHECK LIST FOR BIDDERS
 1) The bidder must have a valid Type Approval Certificate (TAC) for the offered items.

 2) The bidder should ensure that all documents are fully authenticated by the authorised signatory under
 his signature with his official seal..

 3) The following documents form part of the Bid.

      i.     Duly filled Bid Form (Section-III, Part II).

      ii. Duly filled Price Schedule (Section-III, Part II) in duplicate.

      iii. Sections II, III of Vol.-I and Sections I & II of Vol. – II duly signed on each page by the
           authorised signatory as compliance statement.

      iv. Statement of deviations of the terms and conditions of the tender document, if any.

      v.     Power of Attorney/ letter of authorisation in favour of the signatory signing the bid documents
             as per terms and conditions prescribed in clause 14.4, Section-I, Instructions to bidders. It is not
             required in case of proprietary firm if the proprietor himself signs the documents.

      vi. Copy of Memorandum of Association or Partnership Deed if it is not a proprietary firm.

      vii. Copy of current and valid registration from Central and State Sales Tax Authorities.

      viii. Copy of valid Type Approval Certificate (TAC) for the offered items.

      ix. Copy of valid Registration with the National Small Industries Corporation (NSIC) for
             manufacture of the offered item. The factory address mentioned in the NSIC registration and the
             TAC must be the same. If the Registration with NSIC is older than 2 (two) years, a document
             confirming about its validity is required. The monetary limit should be more than the amount of
             bid security amount indicated in the tender documents.              or

             Bank guarantee towards bid security on new standard document paper with stamp of appropriate
             value and valid for 180 days from the date of opening of the bids.

           x. List of all the purchase orders for the offered items received from BSNL units and its other field
           organisations during last two years. Certificates of their successful execution should be enclosed.
           (Refer to paragraph 9 of Part I, Section III)

      xi. Certificate regarding near relative as per Performa given in clause: 34, Section-I, Instructions to
          bidders

      xii. Annual Turnover Certificate of Rs.78 Lakhs /Solvency certificate from Nationalised /Scheduled
           Bank to the extent of Rs. 20,80,000/-.

      xiii. E- payments through Real Time Gross settlement – A mandate and an undertaking duly filled
            in and signed by authorized signatory as per Section VIII.

      xiv. Bidders registered with NSIC shall furnish the monthly turnover in support of its claim for
           concession.

      xv. Any other supporting document asked for.

4)   Packing of bid documents




                                   BIDDERS SIGNATURE                                                 P AGE 12
                                CMTS/COM/5-22 DTD 02.08.2010


                                       Outer Envelope




                        1st Inner        2nd Inner           3rd
                        Envelope         Envelope           Inner
                                                          Envelop
    Contents of 1st Inner Envelope         Contents of 2nd Inner
                                                              e        Contents of 3rd Inner
                                                    Envelope                Envelope
Original Bid Form (Part I of Section     Original Price Schedule     Duplicate Price Schedule
III) OR Down loaded Bid Form             (Part II of Section III)    (Part II of Section III)
alongwith Bid Form Fee.
Bid Security in the form of BG/
NSIC registration certificate
Copy of valid TAC

Compliance Statement and deviation
statement
Sales tax registration Certificate

Other supporting documents

    All the envelopes should bear tender enquiry number and date, date of tender opening, name and address of
     the bidder.

    The outer envelope should also bear the address where bids are to be submitted.

    The first inner envelope should be marked as "Bid Supporting Documents".

    The second inner envelope should be marked as "Original Bid".

    The third inner envelope should be marked as "Duplicate Bid".

    All the envelopes should be sealed properly.

    Bid offers not adhering to the prescribed format are liable to be rejected summarily.




                                     BIDDERS SIGNATURE                                          P AGE 13
                                        CMTS/COM/5-22 DTD 02.08.2010


                                                   SECTION - I

                                   INSTRUCTIONS TO BIDDERS
 A.         INTRODUCTION


 1.         DEFINITIONS
            a.   "The Purchaser" means the General Manager (CMTS), o/o CGMT, Gujarat Telecom Circle,
                 Ahmedabad on behalf of Bharat Sanchar Nigam Limited (BSNL), Ahmedabad..

            b. "The Bidder" means the individual or firm which participates in this tender and submits its bid.

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

            f.   "The Contract Price" means the price payable to the Supplier under the Purchase Order for the full
                 and proper performance of its contractual obligations.

            g. "Department" means the BHARAT SANCHAR NIGAM LIMITED, NEW DELHI.

            h.   LOI means Letter of Intent issued to the successful bidder by the purchaser.


 2.         ELIGIBLE BIDDERS
            The eligible bidders

           Should be the Indian Companies registered to manufacture the tendered item(s) in India and having
            obtained clearance from Reserve Bank of India wherever applicable, and

           Should have obtained valid Type Approval Certificate from Department of Telecommunications (Telecom
            Engineering Centre) for the tendered items against the technical specifications as indicated in the Schedule
            of Requirements (Vol – I, Section II) on the date of opening of the tender, and

           Should have successfully executed educational/commercial purchase orders issued by the Department of
            Telecommunications/BSNL/ the Chief General Manager Telecom Stores Kolkata, or by any other field
            unit of the Purchaser for the Goods.

           Proof of manufacturing the Goods in India, the valid Type Approval Certificate (TAC) and successful
            execution of the educational/commercial purchase orders shall form part of the bid.

           Should have Annual Turn Over of Rs. 78 Lakhs during last three years including current financial year /
            supply solvency certificate for Rs20,80,000/- from Bankers(Nationalised/Scheduled Bank).

3.         COST OF BIDDING




                                          BIDDERS SIGNATURE                                                 P AGE 14
                                     CMTS/COM/5-22 DTD 02.08.2010


      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.

B.    THE BID DOCUMENTS
4.    DOCUMENTS REQUIRED

4.1   The goods required to be supplied, bidding procedures and contract terms and conditions are prescribed in
      the Bid Documents which consists of Vol. I & Vol. II comprising the following sections

      VOLUME I

      a.   Notice Inviting Tender

      b. Schedule of Requirements, Technical Specifications

      c. Special Conditions of the Contract

      VOLUME II

           Check list

      a.   Instructions to Bidders

      b. General Conditions of the Contract

      c. Bid Form and Price Schedule

      d. Bid Security Form.

      e. Performance Security Bond Form

      f.   Letter of authorization to attend Bid opening

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

5.    CLARIFICATION OF BID DOCUMENT
5.1   A prospective bidder, requiring any clarification of the Bid Document shall notify the purchaser in writing
      or by FAX at the Purchaser's mailing address indicated in the Notice Inviting Tenders. The Purchaser shall
      respond in writing to any request for clarification of the Bid Document which it receives not later than
      21 (Twenty one )days 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 Document. Or may refer the BSNL website for clarification if any.

5.2   Any clarification issued by the BSNL in response to query raised by prospective bidder shall form an
      integral part of the bid documents and it shall amount to an amendment of the relevant clauses(s) of the
      bid documents.



6.    AMENDMENTS OF BID DOCUMENT
6.1   At any time, prior to the date for submission of bids, the Purchaser may, for any reason, whether at its own
      initiative or in response to a clarification requested by a prospective bidder modify the Bid Document by
      amendments.



                                      BIDDERS SIGNATURE                                                 P AGE 15
                                     CMTS/COM/5-22 DTD 02.08.2010


6.2    The amendments shall be notified in writing or by FAX or on BSNL website, to all the 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 the prospective bidders reasonable time to take the amendments into account in
       preparing their bids, the Purchaser may, at its discretion, extend the deadline for the submission of bids
       suitably.

C.     PREPARATION OF BIDS
7.     DOCUMENTS COMPRISING THE BID
       The bid prepared by the bidder shall comprise the following components.

       a.   Documentary evidence establishing in accordance with Clause 2 and Clause 10 (Section I) that the
            Bidder is eligible to bid and is qualified to perform the contract if his bid is accepted.

       b. Bid Security furnished in accordance with Clause 12 (Section I).

       c. A clause by clause compliance to the Bid Document as per Clause 11 (Section I).

       d. The bid form (Section III, Part-I) completed in accordance with Clause 8 and 10 (Section I).

       e. Price schedule (Section III, Part-II), completed in accordance with Clause 9 (Section I).

8.     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 -III,
       Part-I and II failing which the bid is liable to be rejected.

9.     BID PRICES
9.1   The Bidder shall give the total composite price inclusive of all levies & taxes i.e. Sales Tax & Excise, packing,
       forwarding, loading, Unloading, freight, insurance and Octroi/Entry Tax .

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

      The Bidder shall quote the price as per Price Schedule given in Section III (Vol. II) for all the items given in
      the Schedule of Requirement.

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

9.4     Deleted

9.5 “Discounts, if any, offered by the Bidders shall not be considered unless they are specifically indicated
    in the Price Schedule. Bidders desiring to offer discount shall, therefore, modify their offers suitably
    while quoting and shall quote clearly net price taking all such factors like discount, free supply, etc.
    into account. ”

9.6   The price approved by BSNL for procurement will be inclusive of Levies and Taxes, Packing, Forwarding
       freight and Insurance as mentioned in Para 9.1 above. Breakup in various heads like excise duty, sales tax
       Insurance freight and other tax paid /payable as per clause 9.2 ) is for the information of the purchaser. (
       No. 3-2/2004-MMT/Pt.III dtd. 04.07.2005).

9.7    Deleted.

10.    DOCUMENTS      ESTABLISHING                              BIDDER'S              ELIGIBILITY               AND
       QUALIFICATIONS



                                      BIDDERS SIGNATURE                                                   P AGE 16
                                       CMTS/COM/5-22 DTD 02.08.2010



10.1      The Bidder shall furnish, as part of the bid documents, the certified copies of the following documents for
          establishing his eligibility.
            a. Certificate of incorporation.
            b. Articles of Memorandum of Association or Partnership Deed or Proprietorship Deed as the
                case may be.
            c. Latest and valid NSIC Certificate duly certified by NSIC.
            d. Type Approval Certificate issued by Telecom Engg. Centre, New Delhi or CGMT QA
                Bangalore.
            e. Inspection Certificate(IC) issued by BSNL (QA) as proof of executing
                Educational/Commercial Order of tendered item(s).
        Note : If any of above 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 it’s discretion may
       call for any clarification regarding the document. The purchaser at it’s discretion may also ask for the
       submission of any additional/missing document(s) within a stipulated time period. In such case(s),
       the bidder shall have to comply the purchaser’s requirement within the specified time. In case of non-
       compliance to such queries, the bid will be out rightly rejected without entertaining further
       correspondence in this regard.

10.2      (i) The Bidder shall furnish Annual Audit Report of last three years (07-08,08-09,09-10) with a turnover of
               Rs. 78 Lakhs including current year / or a solvency certificate from Nationalised / Scheduled Bank to
               the extent of Rs 20,80,000/- as an evidence that he has the financial capability to perform the
               contract..
             (ii) The bidder shall furnish documentary evidence about Technical and production capability necessary
          .      to perform the contract
10.3      In order to enable the Purchaser to assess the proven-ness of the Goods offered, the bidder shall provide
          documentary evidence regarding the Goods being offered by him.

10.4      The offered product has to be type approved. For this purpose, the supplier shall submit a sample type for
          evaluation. The sample would be evaluated for its ability to meet the technical specification,
          manufacturability, reliability, testability, ease of installation, maintainability etc. Necessary documents to
          substantiate these attributes will have to be submitted at the time of application for approval by the supplier
          for obtaining type approval.                OR

          In case goods offered have already been type approved / validated by the purchaser, documentary evidence
          to this effect shall be submitted by the bidder.
11.       DOCUMENTS ESTABLISHING GOODS’ CONFORMITY TO BID DOCUMENT

11.1      Pursuant to Clause 7, the Bidder shall furnish as part of his bid, documents establishing the conformity of
          all goods and services which he proposes to supply under the contract. .

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

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

          b. Clause-by-clause compliance on the Purchaser's technical specifications and commercial
             conditions demonstrating substantial responsiveness to the technical specifications and
             commercial conditions. In case of deviations, a statement of deviations and exceptions to the
             provision of the technical specifications and commercial conditions shall be given by the
             Bidder. A bid without clause-by-clause compliance of technical specifications and commercial
             conditions and Special conditions shall not be considered.

11.3     For purpose of compliance to be furnished pursuant to clause 11.2(b) above, the Bidder shall note that the
          standards for workmanship, material and equipment, and reference to brand names or catalogue number



                                         BIDDERS SIGNATURE                                                  P AGE 17
                                          CMTS/COM/5-22 DTD 02.08.2010


        designated by the Purchaser in its technical specifications are intended to be descriptive only and not
        restrictive.

12.     BID SECURITY (EARNEST MONEY)

12.1    Pursuant to Clause 7, the Bidder shall furnish as part of his bid, a bid security for an amount of     Rs.
        1,04000/- (Rs. One Lac Four Thousand only). The bidders (small scale units ) who are registered with
        National Small Scale Industries Corporation under Single Point Registration scheme are exempted from
        payment of bid security up to the amount equal to their monetary limit or Rs. 50 Lakh whichever is lower.

        * A proof regarding current registration with NSIC for the tendered items will have to be attached along
          with the bid.

        * The enlistment certificate issued by NSIC will not be permanent and should be renewed within two
          years of it‟s presentation.

        * The unit claiming concession of NSIC, is required to submit its monthly turnover in support of its
          claim for meeting the delivery schedule.
          (F. NO. 3-7/2004-MMT dtd. 25.09.2006)

12.2    The bid security is required to protect the Purchaser against the risk of Bidder's conduct, which would
        warrant forfeiture of the bid security pursuant to Para 12.7.

12.3    The bid security shall be in the form of a Bank Guarantee issued by a scheduled bank in favour of the
        purchaser, valid for a period of 180 days from the date of tender opening. .

12.4    A bid not secured in accordance with paragraphs 12.1 & 12.3 above shall be rejected by the
        Purchaser as non-responsive at the bid opening stage and returned to the bidder unopened.

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

12.6    The successful Bidder's bid security will be discharged upon their acceptance of the advance purchase order
        satisfactorily pursuant to Clause 27, and furnishing the performance security.

12.7    The bid security may be forfeited:

        a) if a Bidder withdraws his bid during the period of bid validity specified in the Bid Form

                                                             or

        b) in the case of a successful Bidder, if the Bidder fails

            i.   to sign the contract in accordance with Clause 28¸ or

            ii. to furnish performance security in accordance with Clause 27.

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

13.     PERIOD OF VALIDITY OF BIDS
13.1    Bid shall remain valid for 150 days from the date of bid opening prescribed by the Purchaser pursuant
        to Clause 19.1. A bid valid for a shorter period shall be rejected by the Purchaser as non-responsive.




                                            BIDDERS SIGNATURE                                              P AGE 18
                                      CMTS/COM/5-22 DTD 02.08.2010


13.2     In exceptional circumstances the Purchaser may request the Bidder's consent for an extension to the period
         of bid validity. The request and the responses thereto shall be made in writing. The bid security provided
         under Clause 12 shall also be suitably extended. A Bidder may refuse the request without forfeiting his bid
         security. A Bidder accepting the request and granting extension will not be permitted to modify his
         bid.

14.      FORMAT AND SIGNING OF BIDS
14.1.    (i) The bidder shall prepare one complete set of technical and commercial documents (but excluding
             PRICE BID) and mark it as “ORIGINAL TECHNICAL BID”. The bidder shall also prepare two
             sets of PRICE BIDS and mark them as “ORIGINAL PRICE BID” AND                        “DUPLICATE PRICE
             BID”. In the event of any discrepancy between the original price bid and duplicate price bid, the
             original shall govern. (Kindly refer to clause 15.1 for details regarding preparation and sealing of bids)

         (ii) The copy of quality manual and article or memorandum of association may be provided in the
              “ORIGINAL TECHNICAL BID”.

14.2     The original and all copies of Bid shall be typed or printed and numbered consecutively and shall be signed
         by the Bidder or a person or persons duly authorised to bind the Bidder to the contract. The letter of
         authorization /Power of Attorney shall accompany the bid. All pages of the Bid, except for un-
         amended printed literatures, shall be signed by the person or persons signing the bid. The Bid
         submitted shall be sealed and marked properly.

14.3     The Bid shall contain no interlineations, erasures or overwriting except as necessary to correct error made
         by the Bidder in which case such corrections shall be signed by the person or persons signing the Bid.

14.4 POWER OF ATTORNEY IN FAVOUR OF PERSON SIGNING THE BID:

         (i)     The power of attorney should be submitted and executed on the judicial stamp paper of
                 appropriate value as prevailing in the respective state(s) and the same be attested by Notary
                 public or registered before sub-Registrar of the states(s) concerned (No. 3-2/2004-MMT/Pt. III dtd.
                 24.06.2005)

        (ii)     The power of Attorney be executed by a person who has been authorised by the Board of
                 Directors of the bidder in this regard, on behalf of the Company/Institution/Body Corporate.

         (iii)   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. (No. 3-2/2004-MMT/Pt. III dtd. 17.01.2005)

D.       SUBMISSION OF BIDS
15.      SEALING AND MARKING OF BIDS
15.1     The Bid comprising of various parts as indicated in clause 7 and 14 of this section will be submitted in
         three inner envelopes sealed and marked as indicated below. The three envelopes will be further packed in
         an outer envelope sealed and marked as indicated below.

         a.      The first inner envelope will contain part (a), (b), (c), (d) and (e) of the bid documents as per
                 Clause 7, Section V. The envelope shall be marked as "BID DOCUMENTS".
         b.      The second and third inner envelopes will contain the "ORIGINAL" and "DUPLICATE" copies
                 of part (e) of the Bid, i.e. the Price Schedule as per Clause 7, Section I. These envelopes will be
                 marked as "ORIGINAL PRICE BID" and "DUPLICATE PRICE BID" respectively.

15.2     (a)     The outer envelope shall be addressed to:

                 The D.E. CMTS ( Comml), O/o The General Manager (CMTS),
                 3rd floor, Vastrapur Telephone Exchange Bldg., Near Bimanagar, Vastrapur,
                 Ahmedabad-380015.



                                       BIDDERS SIGNATURE                                                   P AGE 19
                                      CMTS/COM/5-22 DTD 02.08.2010


        (b)      Inner and outer envelopes shall bear

                         the Tender Enquiry No. and the words 'DO NOT OPEN BEFORE ...................... (due
                          date of opening)", and

                         the name and address of the Bidder to enable the Bid to be returned unopened in case it is
                          declared "LATE".

        (c)      Bid Documents shall either be sent by Registered Post or delivered in person on address mentioned in
                 clause 15.2 above, before the time fixed for submission of the bid. The responsibility for ensuring that
                 the tenders are delivered in time shall vest with the Bidder. The purchaser shall not be responsible if the
                 bids are delivered elsewhere.

15.3    In case the inner envelopes are not sealed and marked as above, the Bid is liable to be rejected.

15.4    In no case more than one bid should be put inside a cover. In such case all the bids shall be treated as cancelled.

15.5    The complete set of Bid Documents (Vol-I & Vol-II) is available on the website of Gujarat Telecom Circle (
        www.gujarat.bsnl.co.in) and the downloaded copy shall be considered valid for participation in the tender
        process. However, such bidders shall have to pay the requisite amount of price for bid documents by
        draft/cheque before submission of the bid documents in token of purchase of the tender documents. All pages
        of the tender documents before submitting must be signed with stamp by authorised signatory before
        submission.

16.     SUBMISSION OF BIDS

16.1    Bids must be received by the Purchaser at the address specified under para 15.2 above, not later than
        the scheduled time of submission as indicated in the NIT.

16.2 The Purchaser may at its discretion, extend this deadline for the submission of bids by amending the Bid
     Document in accordance with Clause 6, in which case all rights and obligations of the Purchaser and Bidder
     previously subject to the deadline will thereafter be subjected to the deadline as extended.

17.    LATE BIDS
17.1 Any bid received by the Purchaser after the deadline for submission of bids prescribed by the Purchaser pursuant
     to Clause 16, shall be rejected and returned unopened to the Bidder.

18.    MODIFICATION AND WITHDRAWAL OF BIDS

18.1 The Bidder may modify or withdraw his bid after submission provided the written notice of the modification or
     withdrawal is received by the Purchaser prior to the deadline prescribed for submission of bids.
18.2 The Bidder's modification or withdrawal notice shall be prepared sealed marked and despatched as required in the
     case of bid submission in accordance with the provision of Clause 15 (Section V). A withdrawal notice may also
     be sent by FAX, followed by a signed confirmation copy post marked not later than the deadline for
     submission of bids.
18.3 Subject to Clause 20, no bid shall be modified subsequent to the deadline for submission of bids.

E.     BID OPENING AND EVALUATION

19.    OPENING OF BIDS BY THE PURCHASER

19.1 The Purchaser shall open bids in the presence of the Bidders or their authorised representatives who choose to
     attend on the due date. Bidder's representative who are present shall sign in an attendance register. Authority
     letter this effect shall be submitted by the Bidders before they are allowed to participate in the bid opening. (A
     format is given in section VI)

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




                                        BIDDERS SIGNATURE                                                      P AGE 20
                                      CMTS/COM/5-22 DTD 02.08.2010


19.3 The Bidder's names, Bid prices, modifications, bid withdrawals and such other details as the Purchaser at its
     discretion may consider appropriate will be announced at the bid opening.

19.4    If the date of opening of the Bids happens to be a holiday or is declared holiday by the office of General
       Manager (CMTS), Gujarat Telecom Circle, the revised schedule of tender opening will be notified. In absence of
       such notification, however, the bids will be opened on the next working day, time and venue remaining unaltered.
19.5 The TECHNICAL BIDS will be opened at 15.00 hrs on the same day in the presence of the attending
     bidders or their authorized representatives.

19.5 The FINANCIAL BIDS of technically qualified bidders will be opened later and they will be informed in
     due course about the date.
20.    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 clarification and the response shall be in writing.
     However, no post bid clarification at the initiative of the Bidder shall be entertained.

21.    PRELIMINARY EVALUATION
21.1 Purchaser shall evaluate the bids to determine whether they are complete, whether any computational error
     have been made, whether required securities have been furnished, whether the documents have been
     properly signed and whether the bids are generally in order.
21.2 Arithmetical error shall be rectified on the following basis. If there is a discrepancy between the unit price
     and total price that is obtained by multiplying the unit price and quantity, the unit price shall prevail and the
     total price shall be corrected by the Purchaser. If there is a discrepancy between words and figures, the
     amount in words shall prevail. If the Bidder does not accept the correction of the errors, his bid shall
     be rejected.
21.3     Prior to the detailed evaluation, pursuant to Clause 22, the Purchaser will determine the substantial
       responsiveness of each bid to the Bid Document. For purpose of these clauses, a substantially responsive bid
       is one which conforms to all the terms and conditions of the Bid Document without material deviations. The
       Purchaser's determination of bid's responsiveness will be based on the contents of the bid itself without
       recourse to extrinsic evidence.
21.4     A bid, determined as substantially non-responsive, will be rejected by the Purchaser and shall not
       subsequent to the bid opening be made responsive by the Bidder by correction of the non-
       conformity.

21.5 The Purchaser may waive any minor infirmity of non-conformity or irregularity in a bid which does not
     constitute a material deviation, provided such waiver does not 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 bids shall be made on the basis of composite price of the Goods offered
     inclusive of all taxes, levies, packing and forwarding charges, insurance, freight, unloading and octroi/entry
     tax

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

23.2     Any effort by a Bidder to influence the Purchaser in the Purchaser's bid evaluation, bid
         comparison or contract award decisions shall result in the rejection of the bid.



                                        BIDDERS SIGNATURE                                                  P AGE 21
                                    CMTS/COM/5-22 DTD 02.08.2010


F.     AWARD OF CONTRACT
24.    PLACEMENT OF ORDER
24.1   The Purchaser shall consider placement of orders for commercial supplies only on established Bidders
       whose offers have been found technically, commercially and financially acceptable and whose Goods have
       been Type Approved/ Validated by the Purchaser. The purchaser reserves the right to counter offer
       price(s) against price(s) quoted by any bidder.
24.2   The quantity to be procured may be ordered in different phases or lots .

25.    PURCHASER'S RIGHT TO VARY QUANTITIES
25.1   BSNL will have the right to increase or decrease up to 25% of the quantity of goods or services
       specified in the Schedule of Requirements without any change in the unit price or other terms and
       conditions at the time of award of contract or up to 50% of the additional quantities of goods and
       services contained in the running tender/contract can be ordered within a period of twelve months from
       the earliest date of acceptance of APO at the same rate or a rate negotiated (downwardly) with existing
       vendors considering the reasonability of rates based on prevailing market conditions and the impact of
       reduction in duties and taxes, etc. and supplies to be obtained within delivery period scheduled a fresh.

25.2   In exceptional situation where the requirement is of an emergent nature and it is necessary to ensure
       continued supplies from the existing vendors, the purchaser reserves the right to place repeat order up to
       100% of the quantities of goods and services contained in the running tender / contract within a period
       of twelve months from the earliest date of acceptance of LOI/APO at the same rate or a rate negotiated
       (downwardly) with the existing vendors considering the reasonability of rates based on prevailing
       market conditions and the impact of reduction in duties and taxes etc.

       Exceptional situation and emergent nature should be spelt out clearly detailing the justification as well
       as benefits accrued out of it and loss incurred in case this provision is not invoked and approved by the
       authority competent to accord administrative and financial approval for the procurement calculated on
       the basis of total procurement i.e. initial and proposed add on quantity.
25.3   The General Manager (CMTS),Gujarat Circle, Ahmedabad will have full power to accord administrative
       approval and financial concurrence to procure any equipment/material in any quantity by any means in the
       exigencies of services and interest of BSNL..

26.    PURCHASER'S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL THE
       BIDS
       The Purchaser reserves the right to accept or reject any bid, and to annul the bidding process and reject all
       the 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 any grounds for the Purchaser's action.

27.    ISSUE OF Letter of Intent
27.1   The issue of an LOI shall constitute the intention of the Purchaser to enter into contract with the Bidder.

27.2   The Bidder shall within 10 days of issue of the LOI give his unconditional acceptance along with
       performance security in the Proforma at Section V of Bid Document.

28.    SIGNING OF CONTRACT
28.1   The issue of Purchase Order shall constitute the award of the contract on the Bidder.

28.2   Upon the successful Bidder furnishing performance security pursuant to Clause 27, the Purchaser shall
       discharge his bid security, pursuant to Clause 12.




                                     BIDDERS SIGNATURE                                                  P AGE 22
                                        CMTS/COM/5-22 DTD 02.08.2010


29.    ANNULMENT OF AWARD
       Failure of the successful Bidder to comply with the requirement of Clause 28 shall constitute sufficient
       ground for the annulment of the award and forfeiture of the bid security in which event the Purchaser may
       make the award to any other Bidder at the discretion of the Purchaser or call for new bids.

30.    QUALITY ASSURANCE REQUIREMENTS
30.1   All items of stores shall be tested by the Inspecting Authority of the BSNL before their despatch.

30.2   The Supplier shall have a Quality Management System supported and evidenced by the following:

             A Quality Policy.

             A management representative with authority and responsibility for fulfilling Quality Assurance
              requirements and for interfacing with the Purchaser in matters of quality.

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

             System of inward goods inspection.

             System to calibrate and maintain required measuring and test equipment.

             System for tracing the cause for non-conformance and segregating products which do not conform to
              specifications.
             Configuration management and change control mechanism.

             A quality plan for the product.

             Periodical internal quality audits.

             A Quality Manual detailing the above Or infrastructure assessment certificate and type Approval
              certificate issued by TEC shall be furnished.

31.    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 which
       shall result in out right rejection of the bid.

           (i)     Clause 15.1 of Section I: The bids will be recorded/returned unopened if covers are not
                   properly sealed with “PERSONAL SEAL” of the bidder.

           (ii)    Clauses 12.1, 12.3 & 13.1 of section I: The bids will be rejected at opening stage if bid security is
                   not submitted as per clauses 12.1 & 12.3 and bid validity is less than the period prescribed in clause
                   13.1 mentioned above.
           (iii)   Clause 2 & 10 of section I : If the eligibility condition as per clause 2 of Section I is not met
                   and/or documents prescribed to establish the eligibility as per clause 10 of Section I are not
                   enclosed, the bids will be rejected without further evaluation.
           (iv)    Clause 11.2 (C) of section I: If clause-by clause compliance and deviation statements as prescribed
                   are not given, the bid will be rejected at the stage of primary evaluation. In case of no deviations, a
                   statement to the effect must be given.
           (v)     Section II Commercial conditions (Vol-II) section III Special Conditions of Contract & Section II
                   Technical Specifications (Vol-I) : Compliance if given using ambiguous words like “Noted”,
                   “Understood,” “Noted & Understood” shall not be accepted as complied.
           (vi)    Section III price schedule: Prices are not filled in as prescribed in price schedule.



                                          BIDDERS SIGNATURE                                                  P AGE 23
                                          CMTS/COM/5-22 DTD 02.08.2010


           (vii) Section I 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.”

           (viii)      Before outright rejection of the bid by Bid opening team for non compliance of any of the
                      provisions mentioned in clause 31(i), 31(ii) of Section II and clause 2(i) of section IV though the
                      bidder company is given opportunity to explain their position, however if the person representing
                      the company is not satisfied with the decision of the bid opening team, he/they can submit the
                      representation to bid opening team immediately but in no case after closing of the tender process
                      with full justification quoting specifically the violation of tender conditions if any. (No. 3-2/2004-
                      MMT/Pt.-III dtd. 03.06.2005)

32.      Purchaser reserves the right to disqualify the supplier for a suitable period who habitually failed to supply
         the equipment in time. Further, the suppliers whose equipment do not perform satisfactorily in the field in
         accordance with the specifications may also be disqualified for a suitable period as decided by the
         purchaser.

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

34.      The bidder should give a certificate that none of his/her near relative is working in the units as defined
         below where he is going to apply for the tender. In case of proprietorship firm, certificate will be given by
         the proprietor. For partnership firm, certificate will be given by all the partners 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. 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.
              The company or the person will also be debarred for further participation in the concerned unit.
              The near relatives for this purpose are defined as :
                    (b) Members of a Hindu undivided family.

                    (c) They are husband and wife.

                    (d) The one is related to the other in the manner as father, mother, sons (s) & Sons‟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).



                                                 CERTIFICATE
       “I………………………………………S/o………………………………………………resident
      of ……………………. hereby certify that none of my relative (s) as defined in the tender
      document is/are employed in BSNL unit as per details given in tender document. In case at
      any stage, it is found that the information given by me is false/incorrect, BSNL shall have the
      absolute right to take any action as deemed fit, without any prior intimation to me.”

                                                                                         Bidder‟s signature.

      Note: Separate Certificate from each director need to be submitted.




                                            BIDDERS SIGNATURE                                                   P AGE 24
                                    CMTS/COM/5-22 DTD 02.08.2010




                                               SECTION - II
      GENERAL (COMMERCIAL) CONDITIONS OF THE CONTRACT

1.     APPLICATION
       The General Conditions shall apply to contracts by the Purchaser for the procurement of Goods.

2.     STANDARDS
       The Goods supplied under this contract shall conform to the technical specifications prescribed in the
       Schedule of Requirements (Section II).

3.     PATENT RIGHTS
       The Supplier shall indemnify the Purchaser against all third-party claims of infringement of patent,
       trademark of industrial design, rights arising from use of the Goods or any part thereof in BHARAT
       SANCHAR NIGAM LIMITED (BSNL).

4.     PERFORMANCE SECURITY
4.1    All suppliers (including small scale units who are registered with National Small Scale Industries
       Corporation under Single Point Registration Scheme) shall furnish performance security to the purchaser
       for an amount equal to 5% of the value of purchase order within 14 days from the date of issue of
       advance purchase order by the purchaser. (F. NO. 3-7/2004-MMT dtd. 25.09.2006)

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 his obligations under the Contract.

4.3    The Performance Security Bond shall be in the form of Bank Guarantee issued by a scheduled Bank and in
       the form provided in Section V 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.     INSPECTIONS AND TESTS

5.1    The Purchaser or his representative hereinafter referred to as the Inspector 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 in the factory premises of the Supplier, all reasonable facilities and
       assistance like testing instruments and other test gadgets including assess to drawings and production data
       shall be furnished to the Inspector at no charge to the Purchaser.

5.2    Should any inspected or tested goods fail to conform to the specifications, the Purchaser may reject such
       goods and the Supplier shall either replace the rejected goods or make all necessary alterations in them to
       meet the specifications, free of cost to the Purchaser.




                                     BIDDERS SIGNATURE                                                   P AGE 25
                                     CMTS/COM/5-22 DTD 02.08.2010


5.3     In case of issue of BCPC (Bill Copy Payable Challan), BCPC shall be equivalent to "Taking Over
        Certificate" (or for balance payment due,) issuance of which shall certify receipt of the Goods in safe and
        sound condition and in case there is no damage/shortages.


6.      DELIVERY OF THE GOODS 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 Purchase order as per terms & conditions of tender and Special Conditions of the
        Contract, and the Goods shall remain at the risk of the Supplier until delivery has been completed.

6.2     The delivery of Goods and documents shall commence immediately on placement of purchase
        order on the vendors and be completed as per the delivery schedule given in the purchase order. (No. 3-
        2/2002-MMT/Pt dtd. 4th July, 2003) -- Early deliveries may be accepted as per requirement of BSNL on
        case to case basis.

6.3     The bidder shall have the capacity to supply atleast 4 % of tendered quantity every fortnight. The
        fortnightly supply shall be increased     or decreased depending on actual requirement and the successful
        bidder shall be in a position to supply the same within the delivery schedule, bidders who do not comply
        with the delivery schedule shall be summarily rejected.

7.      Deleted
8.      Deleted.
9.      Deleted.


10.     WARRANTY

10.1    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 performance in
        full conformity with the specifications and drawings. The contractor 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 materials, inadequate quantity of material to
        meet equipment requirements, inadequate contact protection, deficiencies in circuit design and / or
        otherwise and shall remedy such defects at his own cost when called up on to do so by the purchaser who
        shall state in writing in what respect the stores are faulty. This warranty shall survive inspection or payment
        for/ and acceptance of Goods, but shall expire (except in respect of complaints notified prior to such date)
        twelve months after the stores have been taken over under clause 5.5 above.

 10.2   If it becomes necessary for the contractor to replace or renew any defective portion/ portions of the stores
        under this Clause, the provisions of Clause 10.1 shall apply to the portion/portions of stores so replaced or
        renewed or until the end of the above mentioned period of 12 months, which ever may be later. If any
        defect is not remedied by the contractor within a reasonable period, the Purchaser may proceed to get the
        defects remedied from other supplier etc. at the contractor‟s risk and expenses, but without prejudice to
        any other rights which the Purchaser may have against the contractor in respect of such defects.

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




                                       BIDDERS SIGNATURE                                                  P AGE 26
                                     CMTS/COM/5-22 DTD 02.08.2010



11. PAYMENT TERMS
       Payment of 95% of the price shall be made on receipt of Goods by the Consignee. For claiming this
       payment, the following documents are to be submitted to the paying authority. Also successful bidder has
       to furnish a mandate and an undertaking duly filled in & signed by authorised signatory as per Annexure
       VIII for E-payment through Real Time Gross Settlement.-.

       a.   Invoice

       b. Delivery challan

       c. Clear Railway Receipt/Goods carrier receipt

       d. Payable Copy of Inspection certificate issued by QA Wing

       f.   Goods receipt certificate from the consignee .

       g. Proof of payment of octroi.(If paid)

       h. Sales Tax certificate showing LST & CST numbers.

11.2   ( i ) The balance 5% payment shall be released within 6 months from the date of supply of the Goods
             equipment in case there are no damages/shortages. In those cases, when 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 provisions of the Purchase Order.

       (ii) 100% Payment (in place of 95%) may be made on delivery, provided that an additional Bank
            Guarantee for an amount equivalent to 5% of the value of supplies valid for a minimum period of 7
            (seven) months is furnished by the supplier along with an undertaking that the equipment/stores
            supplied shall be free from damages/shortages. In those cases, where, such shortages/damages are
            intimated to the supplier in writing, the Bank Guarantee shall be extended with out fail by the supplier
            for a suitable period at the request of the Purchaser in writing. Failure to do so shall result in forfeiture
            of the Bank Guarantee. The Bank Guarantee will be released only after the cases are settled in
            accordance with the provisions available in the Bid Documents/purchase Order. In case where the
            additional Bank Guarantee for 5% is not provided, then the payment will be settled as per clauses 11.1
            & 11.2 (i) mentioned above.

       (iii) Due Tax Deduction at Source, will be made from running bills as per prevailing rates.

11.3        Form C and also a certificate stating that the tendered item (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 . Form C shall be
            issued by the Purchaser and the bidder may quote the prices taking this into account..

11.4        No payment shall be made for goods rejected at the consignee's end on testing.

11.5        The Purchaser shall not pay separately for the transit insurance. The Supplier shall be responsible for
            all kinds of losses i.e. loss due to theft, damage and shortage till the receipt of entire quantity of the
            Goods in good condition by the consignee.




                                      BIDDERS SIGNATURE                                                     P AGE 27
                                         CMTS/COM/5-22 DTD 02.08.2010


12.             PRICES
       (i)      Prices charged by the supplier for goods/services delivered and services performed under the
                  contract shall not be higher than the prices quoted by the supplier in his bid.
         (ii) (a) In case of reduction of taxes and other statutory duties during the scheduled delivery period,
              purchaser shall take the benefit of decrease in these taxes/duties for the supplies made from the date
              of enactment of revised duties/taxes.
                (b) In case of increase in duties/taxes during the scheduled delivery period, the purchaser shall
                revise the prices as per new duties/taxes for the supplies, to be made during the remaining delivery
                period as per terms and conditions of the purchase order.
             (iii) Any increase in taxes and others statutory duties/levies after the expiry of scheduled delivery ate
                 shall be to the supplier account. However, benefit of any decrease in these taxes/duties, shall be
                 passed on to the purchaser by the supplier.


13.      CHANGES IN PURCHASE ORDERS
13.1     The Purchaser may, at any time by a written order given to the Supplier, make change within the general
         scope of the contract in any one or more of the following:

         a) drawings designs or specifications where the Goods to be furnished under the Contract are to be
            specifically manufactured for the Purchaser;

         b) the method of transportation or packing;

         c) the place of delivery;

14.      SUBCONTRACTS

         The subcontracting is not permissible under any circumstances.

15.      DELAYS IN THE SUPPLIER'S PERFORMANCE

15.1     Delivery of the Goods and performance of 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, the Purchaser reserves the right either to
         short close / cancel the Purchase order and/ or recover liquidated damage charges. The cancellation/short
         closing of the Purchase Order shall be at the risk and responsibility of the Supplier and the Purchaser
         reserves the right to purchase the balance unsupplied item at the risk and cost of the defaulting vendors.

15.2     Delay by the Supplier in the performance of its delivery obligations shall render the Supplier liable to any or
         all of the following sanctions:

               forfeiture of its Performance Security,

               imposition of liquidated damages,

               and/or termination of the Contract for default.

15.3     i) If at any time during performance of the Contract, the Supplier encounters conditions impeding timely
         delivery of the Goods and performance of service the Supplier shall promptly notify to the Purchaser in
         writing of 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 it‟s discretion extend the period for




                                          BIDDERS SIGNATURE                                                    P AGE 28
                                        CMTS/COM/5-22 DTD 02.08.2010


           performance of the contract (By not more than 20 weeks) subject to furnishing of additional performance
           security by the supplier as per provision given below.

           ii) Deleted.

           iii) In case of piecemeal items the amount of additional PBG should be 5% of the value of balance quantity
           of items to be supplied. For which extension in delivery period has been sought: and

           iv) In cases of Infrastructure /Turnkey projects other than as stated above, 1% of the total project value
           should be the value for additional PBG.

           v) The additional PBG shall be valid upto the period of original PBG.

15.4       The vendor has to submit their request for extension before the expiry of delivery period. The decision
           regarding extension shall be communicated on the receipt of request. For Bulk supply contracts, the
           additional performance security will be @5% of the values of the remaining quantity yet to be supplied at
           the time of seeking extension by the vendor.

15.5        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.

15.6       The purchaser shall have the absolute right to revise the price(s) and also to levy penalty for delayed
           supplies.

16.        LIQUIDATED DAMAGES

16.1       The date of delivery of the stores stipulated in the acceptance of tenders should be deemed to be essence of
           the Contract and delivery must be completed not later than the date specified therein. Extension will not be
           given except in exceptional circumstances. Should, however, deliveries be made after expiry of the contract
           delivery period, without prior concurrence of the Purchaser and be accepted by the consignee, such
           deliveries will not deprive the Purchaser of his right to recover liquidated damages under Clause 16.2
           below.. However when the Inspection Certificate (IC) is issued by the QA Wing of BSNL within the
           original scheduled delivery period but the supply is made within 21 days of the contracted original delivery
           period, the Consignee may accept the stores and in such cases the provision of Clause 16.2 will not apply.
16.2 (i) Should the Supplier fail to deliver the stores or any consignment thereof within the period prescribed for
         delivery, the purchaser shall be entitled to recover 0.5% (half percent) of the value of the delayed supply for
         each week of delay or part thereof for a period up to ten (10) weeks and thereafter at the rate of 0.7% of
         the value of delayed supply for each week of delay or part thereof for another ten (10) weeks of delay. In
         the case of package supply, where the delayed portion of the supply materially hampers installation and
         commissioning of the systems, liquidated damage charges shall be levied as above on the total value of
         concerned Package of the Purchase Order. Quantum of liquidated damages assessed and levied by
         the Purchaser shall be final and not challengeable by the Supplier.

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

       (iii) 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.
       (iv) 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.



                                         BIDDERS SIGNATURE                                                  P AGE 29
                                        CMTS/COM/5-22 DTD 02.08.2010


          However, when supply is made to the ultimate consignee within 21 days of QA clearance in the
          extended delivery period and the goods/services were despatched within this delivery period, the
          consignee may accept the stores and in such cases the LD shall be levied up to the date of dispatch after
          QA clearance only.

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


16.2.1 Whenever there is reduction in price within the extended delivery period then the following conditions shall
       be observed. ( No.. 200-18/2006-MMD/ACD dtd. 08.03.2007).
          A)   The stores has been offered to Q.A. by the supplier.
          B)   It has been cleared by the Q.A. for dispatch.
          C)   The stores has been dispatched before the cut off date of price revision and
          D)   The stores are received by the ultimate consignee within 21 days of QA clearance date.

          1. If all the above conditions are fulfilled then the price prior to the cut off date would apply and the LD
            would be calculated up to the date of QA clearance.

          2. If one or more of the above conditions is not fulfilled then the price on the date of receipt
             of the equipment/material by the ultimate consignee will be applicable and LD would be
             calculated up to the date of receipt of ultimate consignee.
17.       FORCE MAJEURE
17.1      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 reason of any war or hostility, acts of the
          public enemy, civil commotion, sabotage, fires, floods, explosions, epidemics, quarantine restriction, 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
          such claim for damages against the 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 event may 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 reason of any such event for a period exceeding 60 days either party
          may at its option terminate the contract.
17.2      Provided also that if the contract is terminated under this clause, the Purchaser shall be at liberty to take
          over from the supplier at a price to be fixed by the Purchaser which shall be final, all unused undamaged
          and acceptable materials, bought out components and stores in course of manufacture which may be in
          possession of the supplier at the time of such termination or such portions thereof as the Purchaser may
          deem fit, except such materials bought out components and stores as the contractor may with the
          concurrence of the Purchaser elect to retain.

18.       TERMINATION FOR DEFAULT
18.1      The Purchaser may without prejudice to any other remedy for breach of the Contract, by written notice of
          default sent to the Supplier terminate this Contract in whole or in part,

          a.   if the Supplier fails to deliver 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 Clause 15,

          b. if the Supplier fails to perform any other obligation(s) under the Contract, and




                                          BIDDERS SIGNATURE                                                   P AGE 30
                                    CMTS/COM/5-22 DTD 02.08.2010


       c. if the Supplier in either of the above circumstances does not remedy his failure within a period of 15
          days or such longer period as the Purchaser may authorise in writing, after receipt of the default notice
          from the Purchaser.

18.2   In the event the Purchaser terminates the Contract in whole or in part pursuant to Para 18.1, the Purchaser
       may procure upon such terms and in such manner as it deems appropriate, goods similar to those
       undelivered and the Supplier shall be liable to the Purchaser for any excess cost for such similar goods.
       However the Supplier shall continue performance of the contract to the extent not terminated.
18.3   Firms registered with NSIC should note that in case they fail to supply the ordered quantity within the
       stipulated delivery period or extended period as the case may be, their performance will be noted in the
       performance register in this office and also notified to NSIC for withdrawal /cancellation of their
       registration. The firm may also be debarred from participation in tenders to be floated by Gujarat Telecom.
       Circle in future.

19.    TERMINATION FOR INSOLVENCY
19.1   The Purchaser may at any time terminate the contract by giving written notice to the Supplier, without
       compensation to the Supplier if the Supplier becomes bankrupt or otherwise insolvent as declared by the
       competent court provided that such termination will not prejudice or affect any right of action or remedy
       which has accrued or will accrue thereafter to the Purchaser.



20.    ARBITRATION
20.1   In the event of any question, dispute or difference arising under this agreement or in connection therewith
       except as to the matter the decision to which is specifically provided under this agreement, the same shall
       be referred to sole arbitration of the Chief General Manager Telecommunication, Gujarat Telecom. Circle
       or in case his designation is changed or his office is abolished then in such case to the sole arbitration of
       the officer for the time being entrusted (whether in addition to his own duties or otherwise) with the
       functions of the Chief General Manager Telecommunication, Gujarat Telecom. Circle or by whatever
       designation such officers may be called (hereinafter referred to as the said officer) and if the Chief General
       Manager Telecommunication, Gujarat Telecom. Circle or the said officer is unable or unwilling to act as
       such, than to the sole arbitration of some other person appointed by the Chief General Manager
       Telecommunication, Gujarat Telecom. Circle or the said officer. The agreement to appoint an arbitrator
       will be in accordance with the Arbitration and Conciliation Act 1996. There will be no objection to any
       such appointment on the ground that the arbitrator is government servant or that he has to deal with the
       matter to which the agreement relates or that in the course of his duties as government servant he has
       expressed views on all or any of the matter in dispute. The award of the arbitrator shall be final and binding
       on both the parties to the agreement. In the event of such arbitrator to whom the matter is originally
       referred being transferred or vacating his office or being unable to act for any reasons whatsoever, the
       Chief General Manager Telecommunication, Gujarat Telecom. Circle or the said officer shall appoint
       another person to act as arbitrator in accordance with terms of the agreement and the person so appointed
       shall be entitled to proceed from the stage at which it was left out by his predecessors.

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

20.3   The venue of the arbitration proceeding shall be the office of he Chief General Manager
       Telecommunication, Gujarat Telecom. Circle, BHARAT SANCHAR NIGAM LIMITED at Ahmedabad
       or such other places as the arbitrator may decide.
21.    SET OFF
       Any sum of money due and payable to the Supplier (including Security Deposit refundable to him)
       under this contract may be appropriated by the Purchaser or the BSNL or any other person or persons



                                     BIDDERS SIGNATURE                                                  P AGE 31
                                    CMTS/COM/5-22 DTD 02.08.2010


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

22     The bidders, who are given purchase orders, must give the details of the supplies made against all the
       purchase order every month on the first working day of the following month to the Ordering Authority,
       Ultimate Consignees and the concerned planning branches of BSNL (Circle Office).

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




24      Fall Clause :--Ref.:- BSNL H.Q., F.No. 3-2/2004/MMT/Pt.III dtd. 1-8-2005
      24.1 The prices once fixed will remain valid during the scheduled delivery period except
             for the provisions in clause 12.1 of Section II. 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 the similar equipment/ service are less
            than the prices chargeable under the contract.
            the purchaser, for the purpose of delivery period extension, if any will determine and
            intimate the new price, taking into account various related aspects such as quantity,
            geographical location etc., and the date of its effect for the balance quantity/service to the
            vendor. In case the vendor doe not accept the new price to be made applicable during the
            extended delivery period and the date of it’s 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 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 his performance security.
      24.2 a) The vendor while applying for extension or time for delivery equipment/ services, if any
              shall have to provide an undertaking as “ We have not reduced the sale price and /or offered
              to sale the same or similar equipment / service to any person /organisation including
              Department of Central / State Government or any Central/State PSU at a price lower than
              the price chargeable under the contact for scheduled delivery period”
             b) In case undertaking as in Clause 24.2 (a) , 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.


25.    LEGAL JURISDICTION- COURT OF JURIDICTION
       No. 3-2/2004-MMT/Pt.1 dtd. 16.11.2006

       i) 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.

       ii) 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 the
       Contract /PO has been issued.




                                      BIDDERS SIGNATURE                                               P AGE 32
                                  CMTS/COM/5-22 DTD 02.08.2010


      “This Contract/PO is subject to jurisdiction of Court at Ahmedabad only.

26.   INTEREST ON DEFERRED CLAIM
      No interest on any deferred claim of the Supplier arising out of this contract shall be payable in any case
      whatsoever.

27.   Tender will be valid for ONE YEAR from the date of APO/FAT & may be extended for a
      further period of another ONE year by GM (CMTS), Ahmedabad, if required with the same
      terms & conditions.




                                    BIDDERS SIGNATURE                                                P AGE 33
                                                 CMTS/COM/5-22 DTD 02.08.2010


28.         SECTION - III
                                                                       PART - I
                                                               BID FORM
      Ref. No. : ..................                                                                     Date :

      To,

      The General Manager (CMTS) ,
      Gujarat Telecom Circle,
      AHMEDABAD - 380 015.

      Subject:         Tender enquiry No. ............................,                    dated ...............

      Dear Sir,

      1.     Having examined the conditions of contract as in the Bid Document and specifications including addenda
             Nos. ………..the receipt of which is hereby duly acknowledged, we, the undersigned offer to supply and
             deliver ………………………………in conformity with the said drawings, specifications and conditions
             of contract, for the sum shown in the schedule of prices attached herewith and made part of this Bid.

      2.     We undertake, if our Bid is accepted, to commence deliveries within ( ) month and to complete delivery
             of all the items specified in the contract within ( ) months calculated from the date of issue of your
             Purchase Order.

      3.     If our Bid is accepted, we will obtain the performance guarantees of a Scheduled Bank for a sum @ 5% of
             the contract sum for the due performance of the contract.

      4.     We agree to abide by this Bid for a period of 150 days from the date fixed for Bid opening and it shall
             remain binding upon us and may be accepted at any time before the expiration of that period.

      5.     Until a formal Purchase Order of the contract is prepared and executed, this Bid together with your
             written acceptance thereof in your notification of award shall constitute a binding contract between us.

      6.     Bid submitted by us is properly sealed and prepared so as to prevent any subsequent alteration and
             replacement.

      7.     We understand that you are not bound to accept the lowest or any bid, you may receive.

      Dated this …………….……. day of ……………… 2010

      Name and Signature ……………………………………..

      In the capacity of ………………………………………

      Duly authorised to sign the bid for and on behalf of ………………………………………..

      Witness …..…………………… Address ……………………… Signature ……………………..

                                         ANNEXURE TO THE BID FORM (PART I)

      Tender enquiry and date                                      :       ...............................................................

      Offer reference number and date                              :       ...............................................................




                                                   BIDDERS SIGNATURE                                                                         P AGE 34
                                 CMTS/COM/5-22 DTD 02.08.2010


Name and address of the Bidder                  :    ...............................................................

                                                     ...............................................................

                                                     ...............................................................

Name of the firm and office address             :    ...............................................................

                                                     ...............................................................

Office telephone number                         :    ...............................................................

Office fax number                               :    ...............................................................

Factory Address                                 :    ……......................................................

                                                     ...............................................................

Factory telephone number                        :    ...............................................................

Factory FAX number                          :        ...............................................................

Permanent Account No.                           :    .....................................................

CST / GST No.                                   :    …………………………………..

Excise Registration No.                         :    ………………………………….

Are you registered with NSIC under Single Point Registration Scheme?                             :              Yes/No
(If so, please furnish photostat copy of the current Registration Certificate (i.e. not older

than 3 years from date of opening of this tender), showing nomenclature of the

item tendered items(s).

.Are you    i)       Proprietorship firm             :             Yes/No

            ii)      Partnership firm                :             Yes/No

           iii)      Company                         :             Yes/No

       Necessary valid documents as prescribed in the Bid Documents (Instructions to
        Bidders) must be enclosed along with the bid.




                                  BIDDERS SIGNATURE                                                                      P AGE 35
                                                  CMTS/COM/5-22 DTD 02.08.2010


List of Purchase orders issued by ERSTWHILE DOT/DTS/DTO/BSNL HQs/CGMTS Calcutta and other
organisations of BSNL for the offered items, executed by the bidder during last two years. (Attach separate
sheet, if required).

          Purchase                               Item                Quantity      Quantity                  Original               Extended
         Order No.,                                                  Ordered       Supplied*                 Delivery               Delivery
        date & Office                                                                                         Date                    Date
           of Issue

 1

 2

 3

 4

 5



* Please attach certificates of successful execution of the purchase orders indicated above in the form of IC
from BSNL QA.

List of enclosures

         i) ..................................................

         ii) ..................................................

         iii) ....................................................

                             Signature of the authorised signatory              ..........................................................

                             Name in block letters                              ...........................................................

                             In the capacity of                                 ...........................................................




                                                     BIDDERS SIGNATURE                                                                        P AGE 36
                                             CMTS/COM/5-22 DTD 02.08.2010




                                                          SECTION - IV

                                              BID SECURITY FORM
BG NO.                     DATE OF ISSUE                BANK                         AMOUNT                              VALID UP TO



Whereas _____________ (hereinafter called "the Bidder") has submitted its bid dated ___________ for supply of
________________ against Tender Enquiry No. _____________ dated __________.KNOW ALL MEN by these Presents
that WE ______________________ OF _________________________ having our registered office at
_________________________(hereinafter called "the Bank") are bound unto Bharat Sanchar Nigam Limited (hereinafter
called "the Purchaser") in the sum of Rs. ___________ for which payment will and truly to be made of the said Purchaser the
Bank binds itself, its successors and assigns by these presents.
    THE CONDITIONS of this obligation are :

    1.   If the Bidder withdraws its bid during the period of bid validity specified by the Bidder on the Bid Form or

    2.   If the Bidder, having been notified of the acceptance of his bid by the Purchaser during the period of bid validity

          a) fails or refuses to execute the contract form, if required, or

          b) fails or refuses to furnish the Performance Security in accordance with the Instructions to Bidders;

WE undertake to pay to the Purchaser up to the above amount upon receipt of its first written demand without the Purchaser
having to substantiate its demand provided that in its demand the Purchaser will note that the amount claimed by it, is due to it
owing to the occurrence of one of both of the two conditions specifying the occurred condition or conditions.

This guarantee will remain in force as specified in clauses 10 of section III- Vol-I of the Bid Documents upto and including
Thirty (30) days after the period of bid validity and any demand in respect thereof should reach the Bank not later than the
specified date/dates.

                                                                 Signature of the Bank Authority .......................................

                                                                 Name of the signatory                     .......................................

                                                                 Signed in the capacity of                 ........................................

                                                                 Full Address of the Branch                ........................................

                                                                 Tel. No. of Branch                        ………………………

                                                                 Fax no of Branch                          ………………………

    Signature of the witness ………….............................

     Name of witness           ………………....................        Address of Witness                        .......................................




                                               BIDDERS SIGNATURE                                                                                 P AGE 37
                                 CMTS/COM/5-22 DTD 02.08.2010


                                             SECTION - V

          PERFORMANCE S ECURITY GUARANTEE BOND
     BG NO.          DATE OF ISSUE             BANK               AMOUNT             VALID UP TO




In consideration of the Chief General Manager, Telecommunications, Gujarat Telecom. Circle, Vastrapur
Telephone Exchange Building, Vastrapur, Ahmedabad – 380 015, hereinafter called the BSNL, having
agreed to exempt __________________ (hereinafter called the said Contractor(s)‟) from the demand,
under the terms and conditions of an agreement/ Advance Purchase Order No.
_________________________ dated ………………….. made between ……………………. and
………………… for the supply of ………………………………… (hereinafter called `the said
Agreement‟) of security deposit for the due fulfilment by the said Contractor (s) of the terms and
conditions contained in the said Agreement, on production of a bank guarantee for
…………………………, We (name of the bank) ……………………………..(hereinafter referred to us
`the Bank‟) at the request of ……………………………….. (Contractor (s) do hereby undertake to pay
to the BSNL an amount not exceeding …………………………….against any loss or damage caused to
or suffered or would be caused to or suffered by the BSNL, by reason of any breach by the said
Contractor (s) of any of the terms or conditions contained in the said Agreement.

2.      We (name of the bank) ……………………………………..do hereby undertake to pay the
amounts due and payable under this guarantee without any demure, merely on a demand from the BSNL
stating that the amount claimed is due by way of loss or damage caused to or would be caused to or
suffered by the BSNL by reason of breach by the said Contractor (s). of any of the terms or conditions
contain in the said Agreement or by reason of the Contractor (s) failure to perform the said Agreement.
Any such demand made on the bank shall be conclusive as regards the amount due any payable by the
Bank under this guarantee where the decision of the BSNL in these counts shall be final and binding on
the bank. However, out liability under this guarantee shall be restricted to an amount not exceeding
………………………………………..

3.      We undertake to pay to the BSNL, any money so demanded not withstanding any dispute or
dispute raised by the contractor (s)/Supplier (s) in any suit or proceeding pending before any court or
tribunal relating thereto our liability under this present being absolute and unequivocal. The payment so
made by us under this bond shall be valid discharge of our liability for payment there under any the
contractor (s)/Supplier (s) shall have no claim against us for making such payment.

4.       We (name of the bank)……………………………………. further agree that the guarantee
herein contained shall remain in full force and effect during the period that would be taken for the
performance of the said agreement and that it shall continue to be enforceable till all the dues of the
BSNL under or by virtue of the said Agreement have been fully paid and its claim satisfied or discharged
or till BSNL certifies that the terms and conditions of the said Agreement have been fully or properly
carried out by said contractor (s) and accordingly discharges this guarantee. Unless a demand or claim
under this guarantee is made on us in writing on or before the expiry of TWO AND A HALF/THREE
YEARS ( as a specified in the LOI/PO) from the date thereof, we shall be discharged from all liabilities
under this guarantee thereafter.

5.      We (name of the bank) ……………………………………. further agree with the BSNL that the
BSNL shall have the fullest liberty without our consent and without effecting in any manner our
obligations hereunder to vary any of the terms and conditions of the said Agreement or to extend time of


                                   BIDDERS SIGNATURE                                          P AGE 38
                                                CMTS/COM/5-22 DTD 02.08.2010


performance by the said contractor (s) from time to time or to postpone for any time or from time to time
any of the powers exercisable by the BSNL against the said contractor (s) and to forbear or enforce any of
the terms and conditions relating to the said Agreement and we shall not be relieved from our liability by
reason of any such variation, or extension being granted to the said contractor (s) or for any forbearance,
act or omission on the part of the BSNL or any indulgence by the BSNL to the said contractor (s) or by
any such matter or thing whatsoever which under the law relating to sureties would, but for this
provisions have effect of so relieving us.

6.     This guarantee will not be discharged due to the change in the constitution of the Bank or the
contractor (s) / Supplier (s).

7.      We (name of the bank)……………………………. lastly undertake not to revoke this guarantee
during its currency except with the previous consent of the BSNL writing.



Dated the …………. Day of ..................



For …..……................................................



(indicate the name of the Bank with complete address, Phone No. & FAX No.)




                                                  BIDDERS SIGNATURE                             P AGE 39
                                 CMTS/COM/5-22 DTD 02.08.2010


                                              SECTION VI
               LETTER OF AUTHORISATION FOR ATTENDING BID OPENING

                        (To reach DE CMTS (coml.) before the date of bid opening)



 The D E CMTS (COMM),
 O/o General Manager (CMTS) ,
 Bharat Sanchar Nigam Limited,
 Ahmedabad 380 015



 Subject: :            Authorisation for attending bid opening on _________________________ (date) in the
                       tender of ____________________________.

 Following persons are hereby authorised to attend the bid opening for the tender mentioned above on
 behalf of ______________________________________ (Bidder) in order of preference given
 below.

 Order of Preference                Name                            Specimen Signature

 I.

 II.

 Alternate
 Representative



 Signature of bidder
 Or Officer authorised to sign the Bid Documents on behalf of the Bidder.

Note: 1.      Maximum 2 (Two) representatives will be permitted to attend bid opening. In cases where it
              is restricted to one, first preference will be allowed. Alternate representative will be
              permitted when regular representatives are not able to attend.

        2. Permission for entry to the hall where bids are opened, may be refused in case authorisation
           as prescribed is not received.

                                                                Signature of the bidder ……………………




                                   BIDDERS SIGNATURE                                           P AGE 40
                               CMTS/COM/5-22 DTD 02.08.2010


                          NO DEVIATION CERTIFICATE

     This is to certify that , I / we undersigned, authorized person of M/s __________________________
___________________________________________________________hereby submit the clause by clause
compliance and unconditional acceptance of all terms & conditions mentioned in the Bid document No.
CMTS/COM/5-22 dtd02.08.2010 for Supply of Prepaid Scratch Cards for BSNL Mobile Service as per TEC
New Delhi specification no. GR/PSC-01/02 FEB 2008 (Paper Type) Cat-III(4 in1) and there is no deviation.



                                                          Bidders’s signature.




                                BIDDERS SIGNATURE                                          P AGE 41
                                  CMTS/COM/5-22 DTD 02.08.2010


                           CERTIFICATE OF NEAR RELATIVES


                      Ref.:- Tender Enquiry No. CMTS/COM/5-22 dtd. 02.08.2010

                              Clause no. 34 Section –I, Instructions to bidder.



   I, _____________________________ S/o _______________________________ resident of

     _________________ hereby certify           that none of my relative(s) / Director of

     M/s       ___________________________________________________________

   as defined in the Tender document is /are employed in BSNL unit as per details given in the

   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 / the firm.




                                                                       Bidder’s signature with seal.




( N B : - Individual Certificate is required for all Director in case of company)




                                   BIDDERS SIGNATURE                                             P AGE 42
                                       CMTS/COM/5-22 DTD 02.08.2010




                                          SECTION - VII

                            MUTUAL NON-DISCLOSURE AGREEMENT

           This agreement is made as of the __________ 2010 between BHARAT SANCHAR NIGAM
           LIMITED (BSNL) a Government of India Enterprise, having it‟s registered and corporate office at
           Bharat Sanchar Bhawan ,H.C. Mathur Lane, Janpath , New Delhi 110001 hereinafter called BSNL
           which expression shall unless repugnant to the subject or the context mean & included its
           successors,            nominees               or            assigns         &             M/s.
           __________________________________________________________________ a company
           incorporated under the Indian Companies Act, 1956, & having its registered office at
           ______________________________________________                  herein  after    called       “
           ________________________________ “ which expression shall unless repugnant to the subject
           or the context mean & include its successors, nominees or assigns.

           Where as in order to pursue the mutual business purpose of this particulars project as specified in
           Exhibit        A         (the       “Business         Purpose”)         BSNL          &         M/s.
           ______________________________________________ recognize that there is a need to disclose
           to one another certain information, as defined in para 1 below, of each party to be used only for the
           Business Purpose & to protect such confidential information from unauthorized use & disclosure.

            In consideration of the other party‟s disclosure of such information, each party agrees as follows:

1.          This Agreement will apply to all confidential & proprietary information disclosed by one party to
            the other party, including information listed in Exhibit A attached hereto & other information
            which the disclosing party identifies in writing or otherwise as confidential before or within thirty
            days after disclosure to the receiving party (“Confidential Information”). Information consists of
            certain     specifications, designs, plans, drawings, software, prototypes and/or technical
            information, & all copies & derivatives containing such information, that may be disclosed to one,
            another for & during the purpose, which a party considers proprietary or confidential
            (“Information). Information may be in any form or medium, tangible or intangible, & may be
            communicated/disclosed in writing orally, or through visual observation or by any other means to
            one party (hereinafter referred to as the receiving party) by the other party (hereinafter referred to
            as one disclosing party). Information shall be subject to this agreement, if it is in tangible form,
            only if clearly marked as proprietary or confidential as the case may be, when disclosed to the
            receiving party or, if not in tangible form, its proprietary nature must first be announced, & it
            must be reduced to writing & furnished to the receiving party within thirty (30) days of the initial
            disclosure.


2.          M/s.___________________________________________& BSNL hereby agreed at during the
            Confidentiality Period:

     (i)    The receiving party shall use information only for the purpose, shall hold information in
            confidence using the same degree of care as it normally exercises to protect its own proprietary
            information, but not less than reasonable care, taking into account the nature of the information,
            & shall grant access to information only to its employees who have a need to know, but only to
            the extent necessary to carry out the business purpose of this project as defined in exhibit „A”



                                        BIDDERS SIGNATURE                                             P AGE 43
                                  CMTS/COM/5-22 DTD 02.08.2010


       shall cause it s employees to comply with the provisions of this Agreement applicable to the
       receiving party, shall reproduce information only to the extent essential to fulfilling the purpose, &
       shall prevent disclosure of information to third parties. The receiving party may, however,
       disclose the information to its consultants & contractors who need to know, provided that doing
       so, the receiving party agrees to bind those consultants/contractors to terms at lease as restrictive
       as those stated herein, advise them of their obligations, & indemnify the disclosing party for any
       breach of those obligations.

       ii) Upon the disclosing party‟s request, the receiving party shall either return to the disclosing
           party all information or shall certify to the disclosing party all information or shall certify to
           the disclosing party that all media containing information have been destroyed. Provided,
           however, that an archival copy of the information may be retained in the files of the receiving
           party‟s counsel, solely for the purpose of proving the contents of the information.

3.         The foregoing restrictions on each party‟s use or disclosure of information shall not apply to
           information that the receiving party can demonstrate;

i)         Was independently developed by or for the receiving party without reference to the
           information, or was received without restriction; or
ii)        Has become generally available to the public without breach of confidentiality obligations of
           the receiving party; or
iii)       Was in the receiving party‟s possession without restriction or was known by the receiving
           party without restriction at the time of disclosure; or
iv)        Is the subject of a subpoena or other legal or administrative demand for disclosure; provided,
           however, that the receiving party has given the disclosing party prompt notice of such
           demand for disclosure & the receiving party reasonably cooperates with the disclosing party‟s
           efforts to secure an appropriate protective order; or
v)         Is disclosed with the prior consent of the disclosing party; or
vi)        Was in its possession or known to it by being in its use or being recorded in its files or
           computers or other recording media prior to receipt from the disclosing party & was not
           previously acquired by the receiving party from the disclosing party under an obligation of
           confidence; or
vii)       The receiving party obtains or has available from a source other than the disclosing party
           without breach by the receiving party or such source of any obligation of confidentiality or
           non-use towards the disclosing party.


4.         Each party agrees not to remove any of the other party‟s confidential Information from the
           premises of the disclosing party without the disclosing party‟s prior written approval. Each
           party agrees to exercise extreme care in protecting the confidentiality of any confidential
           information which is removed, only with the disclosing party‟s prior written approval, from
           the disclosing party‟s premises. Each party agrees to comply with any & all terms &
           conditions the disclosing party may impose any such approved removal, such as conditions
           that the removed confidential information & all copies must be returned by a certain date, &
           that no copies are to be make off of the premises.

5.         Upon the disclosing party‟s request, the receiving party will promptly return to the disclosing
           party all tangible items containing or consisting of the disclosing party‟s confidential
           information all copies thereof.

6.         Each Party recognizes & agrees that all of the disclosing party‟s Confidential information is
           owned solely by the disclosing party (or its licensors) & that the unauthorized disclosure or use


                                   BIDDERS SIGNATURE                                             P AGE 44
                             CMTS/COM/5-22 DTD 02.08.2010


      of such confidential information would cause irreparable harm & significant injury, the degree
      of which may be difficult to ascertain. Accordingly, each party agrees that the disclosing party
      will have the right to obtain an immediate injunction enjoining ay breach of this Agreement,
      as well as the right to pursue any & all other rights & remedies available at law or in equity for
      such a breach.

7.    Access to information hereunder shall not preclude an individual who has seen such
      information for the purposes of this agreement from working on future projects for the
      receiving party which release to similar subject matters, provided that such individual does not
      make reference to the information & does not copy the substance of the information during
      the confidentiality period. Furthermore, nothing contained herein shall be construed as
      imposing any restriction on the receiving party‟s disclosure or use of any general learning, skills
      or know-how developed by the receiving party‟s personnel under this agreement, if such
      disclosure & use would be regarded by a person of ordinary skill in the relevant area as not
      constituting a disclosure or use of the information.

8.    As between the parties, all information shall remain the property of the disclosing party. By
      disclosing information or executing this agreement, the disclosing party does not grant any
      license, explicitly or implicitly, under any trademark, patent, copyright, mask work protection
      right, trade secret or any other intellectual property right. THE DISCLOSING PARTY
      DISCLAIMS ALL WARRANTIES REGARDING THE INFORMATION,
      INCLUDING ALL WARRANTIES WITH RESPECT TO INFRINGEMENT OF
      INTELLECTUAL PROPERTY RIGHTS & ALL WARRANTIES AS TO THE
      ACCURACY OR UTILITY OF SUCH INFORMATION. Execution of this agreement &
      the disclosure of information pursuant to this agreement does not constitute or imply any
      commitment, promise, or inducement by either party to make any purchase or sale, or to enter
      into any additional agreement of any kind.

 9.   Either party‟s failure to enforce any provision, right or remedy under this agreement shall not
      constitute a waiver of such provision, right or remedy .

10.   This agreement will be construed in, interpreted & applied in accordance with the laws of
      India.

11.   That in case of any dispute or differences, breach & violation relating to the terms of the
      agreement. The said matter or dispute, difference shall be referred to sole arbitration of
      chairman & Managing Director (CMD) of BSNL or any other person appointed by him. That
      the award of the arbitrator shall be final & binding on both the parties. In the event of such
      Arbitrator to whom the matter is originally referred to is being transferred or vacates his office
      on resignation or other wise or refuse to do work or neglecting his work or being unable to act
      as Arbitrator for any reasons whatsoever, the CMD BSNL shall appoint another person to act
      as Arbitrator in place of out going Arbitrator & the person so appointed shall be entitled to
      proceed further with the reference from the stage at which it was left by his
      predecessor. The M/s. _______________________________________________ will have
      NO OBJECTION in any such appointment, that arbitrator so appointed is employee of
      BSNL. The said Arbitrator shall act under the provisions of the Arbitration & conciliation Act,
      1996 or any statutory modifications or re-enactment there of or any rules made thereof.

12.   This agreement & Exhibit A attached hereto constitutes the entire agreement of the parties
      with respect to the parties‟ respective obligations in connection with information disclosed
      hereunder & supersedes all prior oral & written agreements & discussions with respect thereto.
      The parties can amend or modify this agreement only by a writing duly executed by their


                              BIDDERS SIGNATURE                                              P AGE 45
                                    CMTS/COM/5-22 DTD 02.08.2010


              respective authorized representatives. Neither party shall assign this agreement without first
              securing the other party‟s written consent.

     13.      This agreement will remain in effect for five year from the date of the last disclosure of
              confidential information, at which time it will terminate, unless extended by the disclosing
              partly in writing.

           IN WITNESS WHEREOF, the parties hereto have executed this agreement by their duly
           authorized officers or representatives.

           M/s. ________________________              BHARAT SANCHAR NIGAM LIMITED

           Signature: ___________________               Signature : _____________________

           Printed Name : _______________               Printed Name : __________________

           Title : ______________________               Title : __________________________




                                              EXHIBIT ‘A’
1. Buisness purpose :--

           Printing of Paper Type Prepaid Mobile Recharge coupon using PINs supplied by BSNL, in
           soft copy form (either in floppy, CD or through e-mail / Encrypted E-mail )

3.         Confidential information of
              BHARAT SANCHAR NIGAM LIMITED (BSNL)

          Files containing PINS for Recharge coupons.

          All information shared in oral or in written form by BSNL with
           M/s__________________________________

          No. of PINs printed, dispatch details, consumption pattern of Prepaid Mobile Recharge
           coupons.

          Copies of PINs file taken in Physical form / soft copy form shall be returned /destroyed after
           use and not copied.


Bharat Sanchar Nigam Limited                                   M/s________________________
Sign. ____________________                                     Sign._______________________
Seal _____________________                                     Seal _____________________




                                     BIDDERS SIGNATURE                                           P AGE 46
                           CMTS/COM/5-22 DTD 02.08.2010




                              SECTION VIII
                     BHARAT SANCHAR NIGAM LIMITED
                            (A Government of India Enterprise)
                                  MANDATE FORM

Authorization Letter for Payment of Supplier’s, Contractors Bills through E-Payment Scheme.

 1. Name of the Company/Firm:

 2. Address:



 3. Particulars of Bank Account:
      Name of the Bank
      Branch Name
      Type of Account                                 SB Account/ Current /Account
      Ledger No/Folio No
      Name of the Account Holder
      Account Number as appearing
         on the Cheque Book/Pass Book.
      Branch Code
      Address


       Telephone No of the Branch
       Whether SEFT system available        Yes/ No
       Whether RTGS enabled branch          Yes/ No
       If RTGS enabled, give IFSC Code
       9-Digit code number of the Bank and Branch
        as appearing on the MICR Cheque Issued by
        The Bank.


Date of Effect :--

 Abbreviation/Acronym used above are as under:
1. SEFT- Special Electronic Funds Transfer
2. RTGS- Real Time Gross Settlement
3. MICR- Magnetic Ink Character Recognition.            Name and Signature of the
                                                       Authorized Signatory with Seal.
                                                         Page 1 of 2




                             BIDDERS SIGNATURE                                        P AGE 47
                                   CMTS/COM/5-22 DTD 02.08.2010




           - UNDERTAKING -

I/We, hereby, express my willingness to receive payment of the bills through Electronic Fund
Transfer Scheme. I/We do authorize Accounts Officer (CMTS) O/o GM-CMTS, Vastrapur
Telephone Exchange Building, Vastrapur, Ahmedabad to arrange to credit the payment of my
bills through Electronic Payment System to my account number as given above. I am ready to bear
any charges levied by any Bank in this regard.

I/We, hereby, undertake that till a change is requested by me/us the payment shall continue to be
made in the aforementioned account.

I/We, do hereby, declare that the particulars given above are correct and complete to the best of
my/our knowledge. If the transaction is delayed or not effected at all for incomplete information, I
would not hold BSNL responsible. Any dispute, if arises, will be subject to Ahmedabad
jurisdiction.

Date:

                                                                                    Name and Signature of the
                                                                                Authorized Signatory with Seal.



Encl: Please attach a self-attested photocopy of Cheque or a cancelled cheque.
----------------------------------------------------------------------------------------------------



(Verification to be done by the Bank of Vendor.)


Certified that the particulars furnished above are correct as per our records.ame and Signature of
the
                                                                   Authorized officer (from the bank)
Bank Seal

Date:
------------------------------------------------------------------------------------------------



                                                    Page 2 of 2




                                    BIDDERS SIGNATURE                                                  P AGE 48
CMTS/COM/5-22 DTD 02.08.2010




 BIDDERS SIGNATURE             P AGE 49
                                                                                                                                              CMTS/COM/5-22 DTD 02.08.2010


                                                                                                                                                              SECTION III - PART II
                                                                                                                       ORIGINAL PRICE SCHEDULE




                                                                                                                                                                                                                 Unit price excluding Duties & Taxes


                                                                                                                                                                                                                                                       Total Price inclusive of all levies &




                                                                                                                                                                                                                                                                                                                         Duties & Taxes CENVATable (15-
                                                                                                                                                                                 Duties & Taxes CENVATable on




                                                                                                                                                                                                                                                       Charges excluding duties & taxes




                                                                                                                                                                                                                                                                                                                         Total discounted price excluding
                                              Ex-factory Price (Basic Unit Price




                                                                                                                                                                                                                                                                                                                                                                                              Percentage (%) of Custom Duty
                                                                                                                        Any other levies/charges
                                                                                                           Freight,
                                              excl. of all levies and charges)




                                                                                                                          (Service tax, etc.)
                                                                                   Excise                Forwarding,




                                                                                                                                                   Unit Price (all inclusive )
                                                                                             Sales Tax
                                                                                    Duty                  Packing &




                                                                                                                                                                                                                                                                                               Discount offered if any
                                                                                                                                                                                                                 CENVATable (12-13)




                                                                                                                                                                                                                                                                                                                                                                                                                              Customs Tariff Head
                                                                                                          Insurance
                Item Description




                                                                                                                                                   (4+6+8+10+11)




                                                                                                                                                                                                                                                                                                                                                            ED Tariff Head


                                                                                                                                                                                                                                                                                                                                                                             Import content
                                                                                                                                                                                 unit price
                                   Quantity




                                                                                                                                                                                                                                                       (3 X 14)
 Sl. No.




                                                                                       Amt




                                                                                                                                                                                                                                                                                                                         16)
                                                                                   %   .     %   Amt.    %     Amt.
  1           2                    3                       4                       5    6    7     8      9     10           11                    12                            13                             14                                                15                           16                                      17                   18               19               20                              21
 1
           Scratch Cards
           Prepaid




We hereby declare that we have gone through and understood all the Terms & conditions laid down in the Tender No. CMTS/COM/ 5-22 , dtd. 30.07.2010. Remarks: The
Maximum decimal digit length in all above column should be 4 ( Four) i.e. Rs. 0.0000

Note: 1. We hereby declare that in quoting the above prices, we have taken into account the entire credit on inputs available under MODVAT SCHEME introduced
w.e.f 1st March 1986 and further extended on more items till date.If Annual maintenance Contract charges are required as per SOR, basic charges should be shown in
column – 4 B & the service tax in column 11 & 13.

               2 . We hereby certify that ED / customs tariff Head shown in column 18 are correct & CENVAT Credit for the amount shown in column 13 above are admissible
                 as per CENVAT Credit Rules 2004.
               3 . The bidder shall quote separately for hardware and software as per special conditions of the contract.
               4 . The bidder submitted the offer with concessional E D / Sales Tax shall submit the proof of applicable concessional E D / Sales Tax.
                                                                                                                        Bidder‟s Seal and Signature


                                                                                                                                                                                          50
                BIDDER SIGNATURE
                                                                                                                                              CMTS/COM/5-22 DTD 02.08.2010



                                                                                                                                                                SECTION III - PART II
                                                                                                                       DUPLICATE PRICE SCHEDULE




                                                                                                                                                                                                                   Unit price excluding Duties & Taxes


                                                                                                                                                                                                                                                         Total Price inclusive of all levies &




                                                                                                                                                                                                                                                                                                                           Duties & Taxes CENVATable (15-
                                                                                                                                                                                   Duties & Taxes CENVATable on




                                                                                                                                                                                                                                                         Charges excluding duties & taxes




                                                                                                                                                                                                                                                                                                                           Total discounted price excluding
                                              Ex-factory Price (Basic Unit Price




                                                                                                                                                                                                                                                                                                                                                                                                Percentage (%) of Custom Duty
                                                                                                                        Any other levies/charges
                                                                                                           Freight,
                                              excl. of all levies and charges)




                                                                                                                          (Service tax, etc.)
                                                                                   Excise                Forwarding,




                                                                                                                                                     Unit Price (all inclusive )
                                                                                             Sales Tax
                                                                                    Duty                  Packing &




                                                                                                                                                                                                                                                                                                 Discount offered if any
                                                                                                                                                                                                                   CENVATable (12-13)




                                                                                                                                                                                                                                                                                                                                                                                                                                Customs Tariff Head
                                                                                                          Insurance
                Item Description




                                                                                                                                                     (4+6+8+10+11)




                                                                                                                                                                                                                                                                                                                                                              ED Tariff Head


                                                                                                                                                                                                                                                                                                                                                                               Import content
                                                                                                                                                                                   unit price
                                   Quantity




                                                                                                                                                                                                                                                         (3 X 14)
 Sl. No.




                                                                                       Amt




                                                                                                                                                                                                                                                                                                                           16)
                                                                                   %   .     %   Amt.    %     Amt.
  1           2                    3                       4                       5    6    7     8      9     10           11                      12                            13                             14                                                15                           16                                      17                   18               19               20                              21
 1
           Scratch Cards
           Prepaid




We hereby declare that we have gone through and understood all the Terms & conditions laid down in the Tender No. CMTS/COM/ 5-22 , dtd. 30.07.2010. Remarks: The
Maximum decimal digit length in all above column should be 4 ( Four) i.e. Rs. 0.0000

           1. Note: 1. We hereby declare that in quoting the above prices, we have taken into account the entire credit on inputs available under MODVAT SCHEME
              introduced w.e.f 1st March 1986 and further extended on more items till date.If Annual maintenance Contract charges are required as per SOR, basic charges
              should be shown in column – 4 B & the service tax in column 11 & 13.

           2. We hereby certify that ED / customs tariff Head shown in column 18 are correct & CENVAT Credit for the amount shown in column 13 above are admissible as
              per CENVAT Credit Rules 2004.
           3. The bidder shall quote separately for hardware and software as per special conditions of the contract.
           4. The bidder submitted the offer with concessional E D / Sales Tax shall submit the proof of applicable concessional E D / Sales Tax. Bidder’s Seal & Signature



                                                                                                                                                   BIDDERS SIGNATURE                                                                                                                                                                                          P AGE 51
CMTS/COM/5-22 DTD 02.08.2010




 BIDDERS SIGNATURE             P AGE 52

				
DOCUMENT INFO