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T-1733/16-17 Heavy Duty Printing Solution for Printing of consumers bills in ATD 1 Seal and Signature of Bidder BHARAT SANCHAR NIGAM LIMITED (A Govt. of India Enterprise) BID DOCUMENT FOR HEAVY DUTY PRINTING SOLUTION FOR PRINTING OF CONSUMERS BILLS IN AHMEDABAD TELECOM DISTRICT TENDER NO. ATD / MM / T–1733/16-17 DATE: 07-01-2017

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Page 1: BHARAT SANCHAR NIGAM LIMITEDtender.bsnl.co.in/bsnltenders/bsnltender/download.jsp...BHARAT SANCHAR NIGAM LIMITED from prospective bidders for Heavy Duty Printing Solution for printing

T-1733/16-17 Heavy Duty Printing Solution for Printing of consumers bills in ATD

1 Seal and Signature of Bidder

B H AR AT S A N C H AR N I G AM L I M I T E D

(A Govt. of India Enterprise)

BID DOCUMENT

FOR HEAVY DUTY PRINTING SOLUTION FOR PRINTING OF

CONSUMERS BILLS

IN

AHMEDABAD TELECOM DISTRICT

TENDER NO. ATD / MM / T–1733/16-17 DATE: 07-01-2017

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BHARAT SANCHAR NIGAM LIMITED (A Govt. of India Enterprise)

Office of the General Manager (CFA NWP) AHMEDABAD TELECOM DISTRICT

No ATD / MM / T–1733/16-17 Dated: 07-01-2017

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

Section No. Item Page No. TECHNICAL BID 1 Part A Detailed NIT 3-6 1 Part B Newspaper NIT 7 2 Tender Information 8-9 3 Technical Specifications & Scope of Work 10-12 4 Part A General Instructions to Bidders(GIB) 13-31 4 Part B E-tendering instructions to bidders 32-36 5 Part A General (Commercial) Conditions of Contract (GCC) 37-42 5 Part B Special (Commercial) Conditions of Contract (SCC) 42 6 Part A to B Part A : Undertaking & Declarations

Part B :Declaration Regarding No Relative Working In BSNL

43-44

7 Part A Bid Security Form 45 7 Part B Performance Security Guarantee Bond 46-47 7 Part C Letter Of Authorisation For Attending Bid Opening 48 7 Part D Specimen Of Agreement 49-52 8 Agency Details & Questionnaire 53-55 9 Part A Bid form 56 Check List 57 FINANCIAL BID 9 Part B Rate Sheet 58

If interested, kindly submit your offers by means of online bids only for Electronic E-Tendering at the portal detailed in ‘Special Instructions to Bidders for E-Tendering’ on or before date & time specified in Clause 6 of Detailed NIT.

Assistant General Manager (MM) Ahmedabad Telecom District. Ph. No. (079) 26480024 Fax No. (079) 26480059 Email: [email protected]

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SECTION – 1 (Part A) No. ATD/MM/T-1733/16-17 Dated: 07-01-2017

Detailed Notice Inviting Tender Sealed Tender (Digitally) is invited by Pr. General Manager, Ahmedabad, on behalf of BHARAT SANCHAR NIGAM LIMITED from prospective bidders for Heavy Duty Printing Solution for printing of consumers bills (Landline / CDMA / GSM) for one year on ‘Rate Running Contract basis’ from the date of final acceptance of tender in Ahmedabad Telecom District. Party should have previous experience of printing of consumers bills using advance technology, the bill printing shall include cost of paper and post printing operation and is to be carried out with variable data in two sets of colours which may change from bill to bill and in conformity with the specification in the bid documents. The bid documents will be issued to those intending bidders who submit certificates of experience with at least two organization of printing of one lacs variable data impression per month for a period of one year.

Description/ Specification of the item

Heavy Duty Printing Solution for printing of telephones bills (Landline / CDMA / GSM) for a period of One Year on `Rate Running Contract ‘ basis in Ahmedabad Telecom District (As per Technical details & Specification )

Cost of Tender Document Rs. 500 /- ( Rupees One Thousand only ) Estimated Cost of Tender excluding Service Tax. Service Tax shall be paid extra as applicable.

Rs. 27,01,188/-(Rs. Twenty Seven Lakh One Thousand One Hundred Eighty Eight only)

Bid Security Rs. 54,024/- (Rs. Fifty Four Thousand Twenty Four only) Duration of contract One year from date of award Security Deposit 5 % of total cost of tender Time & last date of submission of Bid

Up to 14.30 Hrs. on 31-01-2017

Time of Bid opening At 15.00 Hrs on 31-01-2017 Place of opening of Tender at

O/o The Assistant General Manager (MM), 10th Floor, Telephone Bhavan, C.G.Road, Navrangpura, Ahmedabad-380006

Note: The tenderer should submit of sample of paper to be used or prior bills issued as per

specification along with the tender offer. Sample is available with this office. It is desirable to see the sample by tenderer before quote the rate.

Note 1: The quantity /no. / Sites stated above are estimated and BSNL reserves the right to vary the quantity to the extent of -25 % to + 25 % of specified quantity at the time of award of the contract i.e. APO without any change in unit price or other terms & conditions. Accordingly estimated tender cost will also be decreased / increased by + 25 %.

Note 2: Deleted.

2.0 Purchase of Tender Document: Tender document can be obtained by downloading it from the website “www.gujarat.bsnl.co.in” or http://tender.bsnl.co.in. The official copy of tender document for participating in E-tender shall be available for downloading from https://eprocurement.synise.com/bsnl1/gujarat

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2.1 The bidders downloading the tender document are required to submit the tender fee amount through DD/ Banker’s Cheque along with their tender bid failing which the tender bid shall be left archived unopened/ rejected.

The DD/ banker’s cheque shall be drawn from any Nationalized/ Scheduled Bank in favour of AO (Cash) HQ, BSNL, PGM ATD, Ahmedabad and payable at Ahmedabad.

2.2 The tender documents shall be issued free of cost to MSE bidders on production of requisite proof in respect of valid certification from MSME for the tendered item.

3. Availability of Tender Document: The tender document shall be available for downloading from 07.01.2017, 17:00 Hrs, onwards up to 31.01.2017, 14:25 Hrs on all working days of this office.

3.1 BSNL has decided to use process of e-tendering process for inviting this tender and

thus the physical copy of the tender would not be sold. Note 3: Deleted 4. Eligibility Criteria: - The bidder should have

(a) Party should have previous experience of printing of consumers bill using advance technology, the bill printing shall include cost of paper and post printing operation and is to be carried out with variable data in two sets of colors which may change from bill to bill and in conformity with the specification in the bid documents. Satisfactory Experience / Performance certificates with at least two organization for printing of one lacs variable data impression per month for a period of one year.

(b) Sales Tax / Service Tax registration certificates (c) Firm registration certificate 4.1 P.G.M. (ATD) reserves the right to relax the experience clause in cases where he is

Satisfied that the tenderer has the required capacity and resources to carry out the work satisfactorily. Decision of the PGM, ATD in this regard will be final and binding on all.

4.2 The bidders shall submit necessary documentary proof showing that they meet the

eligibility criteria along with their tender bid. All documents submitted will also be self attested by the bidder.

5. Bid Security/EMD:

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

(a) Demand Draft/ Banker’s cheque drawn in favour of AO (Cash) HQ, BSNL, PGM ATD, Ahmedabad and payable at Ahmedabad.

(b) Bank Guarantee from a Nationalized/scheduled bank drawn in favour of AO (Cash) HQ, BSNL, PGM ATD, Ahmedabad which should be valid for 180 days from the tender opening date.

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5.2 The MSE units shall be exempted from submission of Bid Security deposit on production of requisite proof in respect of valid certification from MSME for the tendered item.

6. Date & Time of Submission of Tender bids: As above in table.

Note 4: In case the date of submission (opening) of bid is declared to be a holiday, the date of submission (opening) of bid will get shifted automatically to next working day at the same scheduled time. Any change in bid opening date due to any other unavoidable reason will be intimated to all the bidders separately.

7. Opening of Tender Bids: As above in table.

8. Place of opening of Tender bids:

8.1 In case of tenders invited through e-tendering process, the tenders shall be opened through ‘Public Online Tender Opening Event (POTOE)’. BSNL’s Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening vent (TOE) from the comfort of their offices. Kindly refer clause 8 of Section-4 of Tender document for further instructions.

8.2 In addition & in case of tenders invited through manual bidding process, authorized representatives of bidders (i.e. vendor organization) can attend the TOE at the office of AGM (MM), 10th Floor, Telephone Bhawan, C.G. Road, Navrangpura AHMEDABAD – 380 006., where BSNL’s Tender Opening Officers would be conducting Public Online Tender Opening Event (TOE).

9. Tender bids received after due time & date will not be accepted by the system or physically.

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

11. PGM, ATD Ahmedabad reserves the right to accept or reject any or all tender bids without assigning any reason. He is not bound to accept the lowest tender.

12. The official copy of tender document for e-bidding process of E-tender shall be available for downloading from https://eprocurement.synise.com/bsnl1/gujarat from 07.01.2017, 17:00 Hrs onwards. This will, however, be same as available on BSNL website.

12.1 The bidder shall furnish a declaration that no addition / deletion / corrections have been made in the downloaded tender document being submitted and it is identical to the tender document appearing on E-tender Portal https://eprocurement.synise.com/bsnl1/gujarat

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

13. The bidder shall furnish a declaration in his tender bid that his firm has not black listed by any SSA/ Circle of BSNL/ MTNL

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Note 5: All documents submitted in the bid offer should be preferably in English. In case the certificate viz. experience, registration etc. is issued in any other language other than English, the bidder shall attach an English translation of the same duly attested by the bidder & the translator to be true copy in addition to the relevant certificate.

Note 6: All computer generated documents should be duly signed/ attested by the bidder/ vendor organization.

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SECTION – 1 (Part B)

NEWS PAPER N.I.T. (NNIT)

BHARAT SANCHAR NIGAM LIMITED Office of the General Manager (CFA NWP) AHMEDABAD TELECOM DISTRICT

NOTICE INVITING E-TENDER T-1733/16-17

E-Tender is invited from the prospective bidders for “Heavy Duty Printing Solution for Consumers Bills (Landline / CDMA / GSM) in Ahmedabad Telecom District”. Last date of receipt of tender is 31/01/2017 up to 14:30 Hrs.

For further detailed information, kindly visit our website www.gujarat.bsnl.co.in and follow “Link for E-tenders” or http://tender.bsnl.co.in/

Assistant General Manager (MM) Ahmedabad Telecom District.

PH.26480077/24Fax No.26480059

Dated: 07/01/2017

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SECTION – 2

Tender Information

1. Type of Tender : a) No. of Bid Submission Stages for tender: Single Stage. b) No. of Envelopes for submission of Bids: Two Nos. (The bidders shall submit

Techno- commercial & financial bid simultaneously) (Opening stages) c) E-reverse auction: if required by Business Unit / Planning cell after opening of the

Financial bids.

Note 1: In case of 1(b) above, the bidder shall submit Techno-commercial & Financial bid simultaneously. The bids will be evaluated techno-commercially first and thereafter financial bids of techno commercially compliant bidders only shall be opened.

2. Bid Validity Period / validity of Bid offer:150 days from the tender opening date

and Validity of bid Offer for acceptance by BSNL can be extended.

3. In case of tenders invited under two envelopes system, the first envelope will be named as techno commercial & will contain documents of bidder’s satisfying the eligibility / Technical &commercial conditions and 2nd envelope will be named as financial envelope containing financial. a)Techno-commercial part of the bid shall contain one set of the following documents only:-

i) EMD ii) Cost of the tender documents i.e. tender fee iii) Certificate(s) showing fulfillment of the eligibility criteria(s) stated in

Clause 4 of the DNIT iv) Power of Attorney & authorization for executing the power of Attorney

in accordance with clause 14.3 of Section 4 Part A v) Clause by clause compliance vi) Agency Details duly filled & signed. vii) Non-Relation Certificate duly filled & signed. viii) Undertaking & declaration duly filled & signed ix) Documents stated in clause 10 of Section 4 Part A x) Tender documents duly signed at the end of each section for having

read it & accepted it. xi) Tender/ Bid form- Section 9 Part A duly filled & signed xii) Electronic Form- Technical (in case of tenders invited through e-

tendering process)

Note 2: Deleted

b) Financial envelope shall contain Electronic Form- financial along with Price Schedule (Section 9 Part-B with all relevant bid annexure (in case of tenders invited through e-tendering process)

Note 3: Bid must be submitted by bidder through E-tendering mode only.

Manual (OFFLINE) submission of bids should not be considered. In case of e-tendering, the following documents are required to be submitted offline (i.e. offline submissions) to AGM (MM), 10th Floor, Telephone Bhavan,

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C.G.Road, Navrangpura, and Ahmedabad-380006 on or before the date & time of submission of bids in a sealed envelope.

The envelope shall bear the tender number, name of work and the phrase: "Do Not Open Before (due date & time of opening of tender).

i) EMD - Bid security (original copy) ii) DD/ Banker's cheque of Tender fee iii) Power of Attorney in accordance with clause 14.3 of section 4 Part A and

authorization for executing the power of Attorney. iv) Latest and valid MSE / NSIC Certificate duly certified by MSME /NSIC if

applicable v) Samples of item as per specification

The purchaser shall not be responsible if the envelop is delivered elsewhere or late. 4. Deleted 5. Payment terms: As detailed in clause 6 of section-5 part A of the tender document.

6. Deleted

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SECTION – 3

TECHNICAL SPECIFICATIONS 1. Quality:

a) The process of printing shall be of the kind that supports variable data and variable

font size, two-up and shall be of any technology. The print field resolution has to be minimum of 300X300 dpi. The printing shall be with duplex printing capability.

b) The printing capacity shall be minimum 2 lakhs images within 24 hrs on pre-printed

cut-sheet stationery of A4 size . The quality of the stationery used for printing shall not be less than 80 GSM high quality paper. There shall be perforation at the bottom portion of the bill (counter foil) to enable easy detachment.

c) The printing technology shall be of the capability for advanced print languages such

as IPDS, POSTSCRIPT and PCL. Single colour variable data printing will be required for printing of variable data on the front page.

d) The bidder is required to offset print items of routine nature such as general

instructions, BSNL logos, the commercial advertisements etc on both side of the page in multi colour.

e) The commercial cost of main bill shall be reckoned as one (one print image) as

printing will be done on one side of the paper only. However, the STD/ISD details shall be printed on both side of the page with duplex printing technology on additional sheet and the number of pages for the purpose of cost shall be treated as two print images of variable data.

2. Method :

a) There should be provision for printing bills pin code wise or in any other order

prescribed by BSNL.

b) The software for designing the print-image format shall be developed by the agency free of cost. The agency shall also be responsible for making the necessary changes to the software needed, to accommodate any changes to the print-image format, as and when Ahmedabad Telecom district put forth such demand, free of cost

c) The BSNL logo should be printed in its original colour and layout in the

preprinted stationary. .

3 Contents

a) The bar coding of certain data items is essential and details are to be worked out in consultation with software group of Ahmedabad Telecom District.

b) The printing of logos, photographs (Black & White or any other colour and shades of that colour), barcodes signatures and Indian languages scripts etc., should be possible using the printing system only. Similarly, facility for stitching (stapling) of printed pages should also be available.

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c) There should be flexibility in the print-layout to include optional messages either selectively or for all bills of a cycle.

d) Deleted. e) It should be possible to print commercial advertisements in the free space left

at appropriate position of each Customer’s bill details/special messages without affecting the overall number of pages for a particular customer. For this the agency shall provide facility to scan/edit/reduce/ enlarge the advertisement material suitable and re-adjust print format layout to suitably insert the commercial advertisement of appropriate slot of short notice for every billing cycle and such changes required are to be done free of cost.

f) The agency shall also be under obligation to extend similar services to Ahmedabad Telecom District at the same agreed rate for any other adhoc / non-cyclic requirements of Ahmedabad Telecom District on priority basis, as and when such requirement arises and such request is made by Ahmedabad Telecom District to the agency. The agency shall develop the print-linage / page layout on 2 occasions in a calendar month free of cost.

4 Time frame:

a) BSNL will hand-over variable data in separate data-files like ‘Billing Data’, Detailed Bill Data’, ‘Trunk Calls data’ etc. in magnetic media. The agency shall ensure that all related data are grouped together and printed as a single bill. Ahmedabad Telecom District shall provide the data cartridge required for generation of print-images. Separate files for main bills and STD/ISD itemized bills will be provided which will have to be collected and telephone number-wise final print images inclusive of STD & ISD Details generated by agency for printing./ Bills should be printed in any order as desired by Ahmedabad Telecom District such as telephone number-wise pin-code-wise, single sheet, dual sheet, multiple sheet at no extra cost. Heavy callers need to be identified and printed on separate colour stationary. For this purpose, all the 5 days are to be considered as working days and the print-window timings set forth in clause 4 (b) of the technical specification shall be maintained at any cost.

b) **The Print-Window shall be less than 72 hours for printing 3.5 lakhs print images/part thereof per billing cycle. The print-window shall mean that at the end of specified hours the entire job of printing the images, folding, stapling, sorting and sending to the designated post offices is completed in a phased manner over the entire print-window time and at the end of total print window no job is left pending.

c) Print window timings is 72 hours 3.5 lakhs impression or part thereof

At present there are 6 billing cycles including GSM/ CDMA bills per month. The print-window time reckoning starts from the time the data/cartridge is made available to the agency by Ahmedabad Telecom District. The number of billing cycles is, subject to increase/decrease as per the demands of the network management and the agency shall comply with such needs, even if the billing cycle is required to one per month.

5 Period of Contract:

1 The scope of the tender is to provide printing solution services to Ahmedabad Telecom District for printing of consumers bill and detailed bills on a continuous basis for a period One Year and extendable for a further period of Two Years or part

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thereof without any change in the unit price or other terms and conditions at the time of award of contract.

2 The contract can be terminated by Ahmedabad Telecom District by serving a notice of 6 months.

6 Scope of Work:

A Printing of Consumers bill with quality mentioned with time frame shall be

indicated. The agency has to follow all agreed technical and general terms and conditions of the tender.

B The required infrastructure needed for extending such services to Ahmedabad Telecom District shall be owned, installed and maintained by the agency. The agency shall carry out the work with own manpower, plant & machinery, Printer consumables and stationary.

C The responsibility of procuring/stocking the necessary stationery shall be that of the agency. The agency should also be in a position to change the design/layout of preprinted stationary every two months in case of demand from BSNL authorities.

D The Ahmedabad Telecom District’s requirement for such service is cycles in nature. The present approximate load per month will be approx 3.5 lakhs print images. i.e Variable data is printable page may be considered as For Landline approx 3,05,000 images (Main Bill + STD /ISD Details sheet)

For CDMA / GSM approx 45,000 images (Main Bill + STD /ISD Details sheet)

This load is evenly divided into six cycles each in a calendar month. The agency should be capable of handling the increased print lead without affecting the print-window timings as mentioned in clause-4 (b).

E The printed bills shall be free from errors and mistakes and shall confirm to the specifications

7. The agency shall provide foolproof and transparent arrangement in the system to ensure

that all the data supplied by Ahmedabad Telecom District is printed. The counter for the number of print images created by the system shall also be software/system controlled and counter initialization should not be possible by the agency’s operators without the prior approval of nominated officer of Ahmedabad Telecom District. This point is of utmost importance since payment to the agency’s monthly claims for the service rendered to Ahmedabad Telecom District is based on the readings in the counter.

8. Confidentiality: The agency shall maintain full confidentiality of the data supplied for creating print

images. Under no circumstances, the agency shall divulge/reveal/share such data for the purpose of other than for creating print images for Ahmedabad Telecom District. Any violation of this confidentiality clause may result in instant termination of the contract and the agency shall be liable to pay liquidated damages of Rs.10,00,000/- (Rupees ten lakhs only) to Ahmedabad Telecom District and PGMTD, Ahmedabad Telecom District shall reserve the right to black-list the agency on all India basis.

9. DISTRIBUTION:

a. Date from BSNL to the agency b. Printed bills from agency to BSNL.

10 Deleted

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SECTION – 4(Part-A)

GENERAL INSTRUCTION TO BIDDERS (GIB)

1. DEFINITIONS:

(a) "The Purchaser / User" means the Bharat Sanchar Nigam Limited, Ahmedabad Telecom District.

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

(c) "The Contractor" means the individual or firm providing services under the contract.

(d) "The Contract Price" means the price payable to the Contractor under the Work order for the full and proper performance of its contractual obligations.

(e) "The Advance Work Order"(AWO) means the intention of BSNL to place the Work Order on the bidder.

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

2. ELIGIBLE BIDDERS: Kindly refer to clause 4 of Section –1 i.e. Detailed NIT

3. COST OF BIDDING: The bidder shall bear all costs associated with the preparation and submission of the

bid. The BSNL, will in no case, be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process.

4. BID DOCUMENTS: 4.1 The goods / services required to be supplied, bidding procedures and contract terms

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

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

5. CLARIFICATION OF BID DOCUMENTS: 5.1 A prospective bidder, requiring any clarification on the Bid Documents shall notify the

User in writing by FAX or by Email of the User as indicated in the invitation of Bid. The User shall respond in writing to any request for the clarification of the Bid Documents, which it receives 7days prior to the date of opening of the Tender. Copies of the query (without identifying the source) and clarifications by the User shall be uploaded on BSNL website as ‘Clarifications’ on e-procurement portal of Ahmedabad Telecom District portal, clarification shall be available as ‘Addendum’, for all the prospective bidders who have downloaded the official copy of tender documents from e-procurement portal of Ahmedabad Telecom District

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

6. AMENDMENT OF BID DOCUMENTS: 6.1 At any time, prior to the date of submission of bids, the BSNL may, for any reason, whether

at its own initiative or in response to a clarification requested by a prospective Bidder, modify the bid documents by amendments.

6.2 The amendments shall be notified in writing or by Fax or by Addendum through e-tendering portal to all prospective bidders on the address intimated at the time of purchase of bid document from the BSNL and these amendments will be binding on them.

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

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

(a) Documentary evidence established in accordance with Clause 2 and 10 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.

(c) A Bid form and price schedule completed in accordance With clause 8 & 9. 8. BID FORM: The bidder shall complete the Bid Form and the appropriate Price Schedule furnished in

the Bid Documents as per section- 9 Part-B. 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, freight and insurance etc. but excluding Octroi/ Entry Tax, Service tax which will be paid extra as applicable. The basic unit price and all other components of the price need to be individually indicated against the goods/ services it proposes to supply under the contract as per the price schedule. Prices of incidental services should also be quoted. The offer shall be firm in Indian Rupees. No Foreign exchange will be made available by the User.

9.2 Deleted

9.3 The price quoted by the bidder shall remain fixed during the entire period of contract and shall not be subject to variation on any account. A bid submitted with an adjustable price quotation is likely to be treated as non-responsive and rejected.

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

9.5 “DISCOUNT”, 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, etc. into account.”

9.6 The rate/price approved by the User for the services required will be inclusive of levies and taxes, packing, forwarding, freight and insurance as mentioned in Para 9.1 above but excluding service tax which will be paid extra as per actual, wherever applicable. Breakup in various heads like excise duty, sales tax, insurance, freight and other taxes paid/ payable

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is for the information of the purchaser and any change in these shall have no effect on price during the scheduled delivery period.

10. DOCUMENTS ESTABLISHING BIDDER'S ELIGIBILITY AND QUALIFICATIONS: 10.1 The bidder shall furnish, as part of his bid documents establishing the bidder's

eligibility, all the following documents or whichever is required as per terms and conditions of bid documents.

i. Registration of firm

ii. Proprietorship or Partnership Deed or Articles/Memorandum of Association as the case may be. In case of proprietorship firms an affidavit of that effect should be submitted along with the bid.

iii. Certificate of experience as mentioned in eligibility criteria iv. Copy of Sales Tax Registration / Service Tax Registration v. Latest & valid MSE/ NSIC Certificate. (if applicable)

vi. Copy of PAN card vii. List of important customers with documentary proof

viii. Literature of the machine proposed to be used indicting printing Speed, technology to be used & nos of machine required to meet Specified window time.

ix. Proposed plan for standby/alternate arrangement to meet any Eventuality in case services cannot be tendered within the schedule

10.2 A copy of experience certificate must be issued by the officer not below the rank of Divisional Engineer or equivalent or tender approving authority (in case of Corporate). No PO / WO will be accepted without successful completion certificate in support of experience.

11. DOCUMENTS ESTABLISHING GOOD’S CONFORMITY TO BID DOCUMENTS 11.1 Pursuant to clause 7, the bidder shall furnish, as part of its bid, documents

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

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

(a) (i) Sample of the paper on which bidder is going to print the bill along with Test report.

(ii) Printed bill as per the specimen bill given by BSNL.

(b) A clause-by-clause compliance on the purchaser’s Technical Specifications and Commercial Conditions demonstrating substantial responsiveness to the Technical Specifications and Commercial Conditions. In case of deviations, a statement of the deviations and exception to the provision of the Technical Specifications and Commercial Conditions shall be given by the bidder. A bid without clause-by-clause compliance of the Technical Specifications, Commercial Conditions and Special Conditions shall not be considered.

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11.3 For the purpose of compliance to be furnished pursuant to the clause 11.2 above, the bidder shall note that the standards for the workmanship, material and equipment and reference to the brand names or catalogue number, designated by the Purchaser in its Technical specifications are intended to be descriptive only and not restrictive.

12. BID SECURITY/EMD: 12.1 The bidder shall furnish, as part of its bid, a bid security as mentioned in Section-1(DNIT)

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

12.3 The bid security is required to protect the BSNL against the risk of bidder's conduct, which would warrant the bid security’s forfeiture, pursuant to para 12.7.

12.4 A bid not secured in accordance with para 12.1 & 12.2 shall be rejected by the BSNL being 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 as but not later than 30 days after the expiry of the period of bid validity prescribed by the BSNL, pursuant to clause 13.

12.6 The successful bidder's bid security will be discharged upon the bidder's acceptance of the advance Purchase /Work Order satisfactorily pursuant to clause 27 and furnishing the performance security.

12.7 The bid security may be forfeited: (a) If the bidder withdraws or amends its bid or impairs or derogates from the bid in any

respect during the period of bid validity specified by the bidder in the bid form or extended subsequently; or

(b) If the bidder does not accept the APO/ AWO and/ or does not submit PBG & sign the contract/ agreement in accordance with clause 28.

Note: The bidder shall mean individual company/ firm or the front bidder and its

technology/ consortium partner, as applicable.

13. PERIOD OF VALIDITY OF BIDS: 13.1 Bid shall remain valid for 150 days from the date of bid opening prescribed by the

BSNL. A bid valid for a shorter period shall be rejected by the BSNL as non-responsive.

13.2 In exceptional circumstances, the BSNL 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.

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14. FORMAT AND SIGNING OF BID:

14.1 The bidder shall submit his bid, online (in case of e-tendering) & through sealed envelopes physically (in case of tenders with manual bidding process), complying all eligibility conditions, other terms and conditions of tender document to be read along with the clarifications and amendments issued in this respect. All the documents must be authenticated, using Digital Signature (DSC) with Class 2 or above (in case of e-tendering) & by hand signatures (for manual bidding process), by the authorized person. The letter of authorization shall be indicated by written power-of-attorney accompanying the bid.

Note:-The User may ask the bidder(s) to supply, besides original bid, additional copy of bids as required by him.

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

14.3 Power of Attorney (a) The power of Attorney should be submitted and executed on the non-judicial

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

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

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

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

(e) Individual signing the tenders or other documents connected with the contract shall indicate the full name below the signature and must specify the capacity and authority under which he signs such documents and shall also submit documentary evidence of his authority in the form of Power of Attorney.

(f) The Power of Attorney is to be submitted in original, if it has been issued for the specific tender enquiry. If the power of attorney is issued in general irrespective of tender enquiry then photocopy duly certified by notary public can also be accepted.

(g) In case the representative of bidder company, who uploads the document on e-tender portal using his Digital Signature Certificates (DSC), which is different from the authorized signatory for the bid (Power of Attorney holder) then the representative who uploads the documents on e-tender portal using DSC issued in his name, shall also be one of the Power of Attorney holder by the bidder Company, in addition to the authorized signatory for the bid

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15. SEALING AND MARKING OF BIDS: The bid shall be submitted online using single stage bidding and Two Envelope Methodology. 15.1 The first envelope (Techno-commercial bid): This envelope shall contain documents of

bidders satisfying the eligibility / Technical & commercial conditions requirements. Second envelope will be named as financial bid containing price Schedule as per section 9 Part B. All documents submitted will also be self attested by the bidder.

15.2 a) The envelopes for Tender Fee / EMD shall be addressed AGM (MM), O/o. G.M.

(CFA NWP), 10th Floor, Telephone Bhavan, C.G.ROAD, Navrangpura, Ahmedabad-06. b) The envelope for Tender Fee / EMD shall bear the name of the tender, the tender number and the words 'DO NOT OPEN BEFORE' (due date & time).

c) The envelopes for Tender Fee / EMD shall indicate the name and complete postal address of the bidder to enable the User to return the bid unopened in case it is declared to be received 'late'.

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

e) The envelopes for Tender Fee / EMD shall delivered in person/ registered post on the day of tender opening shall be delivered upto specified time & date as stated in NIT to A.G.M. (MM), O/o. G.M. (CFA NWP), 10th Floor, Telephone Bhavan, C.G.ROAD, Navrangpura, Ahmedabad-06. The User shall not be responsible if the envelopes for Tender Fee / EMD shall are delivered elsewhere. f) Venue of Tender Opening: Tender will be opened in Conference Hall, A.G.M. (MM), O/o. G.M. (CFA NWP), 10th Floor, Telephone Bhavan, C.G.ROAD, Navrangpura, Ahmedabad-06. at specified time & date as stated in NIT. If due to administrative reason, the venue of Bid opening is changed, it will be displayed prominently on the above address.

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

16. SUBMISSION OF BIDS: 16.1 Bids must be submitted by the bidders on or before the specified date & time indicated

in Section-1 i.e. DNIT 16.2 The BSNL may, at its discretion extend this deadline for the submission of the bids by

amending the bid documents in accordance with Clause 6 in which case all rights and obligations of the BSNL and bidders previously subject to the deadline will thereafter be subject to the deadline as extended.

16.3 The bidder shall submit his bid offer against a set of bid documents purchased by

him for all or some of the systems/ equipment as per requirement of the Bid Documents. He may include alternate offer, if permissible as per the bid. However, not more than one independent and complete offer shall be permitted from the

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bidder. 16.4 Bid must be submitted by the bidder through E-Tendering mode only. Manual

submission of bid shall not be needed.

17. LATE BIDS: No bid shall be accepted either online by E-Tender Portal or physically in case of

manual bidding process after the specified deadline for submission of bids prescribed by the purchaser.

18. MODIFICATION AND WITHDRAWAL OF BIDS: 18.1 The bidder may modify, revise or withdraw his bid after submission prior to deadline

prescribed for submission of bid. If a bid is withdrawn, the same shall be archived unopened in the e-procurement portal of Ahmedabad Telecom District.

18.2 The bidder’s modification, revision or withdrawal shall have to be online and digitally authenticated as per clause 15.

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

19. OPENING OF BIDS BY BSNL: 19.1 The BSNL shall open bids in the presence of bidders or their authorized

representatives who chose to attend, at time & date specified in Clause 7 of DNIT(Section-1) on due date. The bidder’s representatives, who are present, shall sign in an attendance register. Authority letter to this effect shall be submitted by the bidders before they are allowed to participate in bid opening (A Format is given in section -7(c).

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

19.3 (i) The bids will be opened in two stages i.e. techno-commercial bid shall be opened on the date of tender opening given in NIT. The financial bid will not be opened on the date of opening of techno commercial bids.

The financial bids of those bidders who are approved to be techno commercially compliant by the competent authority, will be opened by TOC in front of techno-commercially eligible bidders/ authorized representatives by sending them a suitable notice.

(ii) The bidder’s names, Item name, EMD amount & validity and acceptability, Information in respect of eligible bidders, Details of bid modification/ withdrawal (if any), and such other details as the purchaser, at its discretion, may consider appropriate will be made available online at the time of techno-commercial bid opening.

(iii) The bidder’s names, Name of the Items, Quantities/prices quoted in the bid, discount, if offered, Taxes & levies and such other details as the purchaser, at its discretion, may consider appropriate will be made available online at the time of financial bid opening.

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

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20. CLARIFICATION OF BIDS: 20.1 To assist in the examination, evaluation and comparison of bids, the BSNL may, at its

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

20.2 If any of the documents, required to be submitted along with the technical bid is found wanting, the offer is liable to be rejected at that stage. However, the BSNL at its discretion may call for any clarification regarding the bid document within a stipulated time period. The BSNL 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 BSNL’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”. However, no post bid clarification at the initiative of the bidder shall be entertained.

21. PRELIMINARY EVALUATION: 21.1 BSNL shall evaluate the bids to determine whether they are complete, whether any

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

21.2 Arithmetical errors shall be rectified on the following basis. 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 BSNL.

21.3 If there is a discrepancy between words and figures, the amount in words shall prevail.

If the Supplier/Bidder does not accept the correction of the errors, his bid shall be rejected.

21.4 Prior to the detailed evaluation, pursuant to clause 22, the BSNL will determine the

substantial responsiveness of each bid to the Bid documents. For purposes of these clauses, a substantially responsive bid is one which conforms, to all the terms and conditions of the Bid Documents without material deviations. The BSNL's determination of bid's responsiveness is to be based on the contents of the bid itself without recourse to extrinsic evidence.

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

21.6 The BSNL may waive any minor infirmity or 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.

21.7 The Bids will be evaluated as per the consolidated value for deciding the lowest Bidder.

22. EVALUATION AND COMPARISON OF SUBSTANTIALLY RESPONSIVE BIDS 22.1 The BSNL shall evaluate in detail and compare the bids previously determined to

be substantially responsive pursuant to clause 21. 22.2 The evaluation and comparison of responsive bids shall be done on the price

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offered inclusive of all Taxes & levies i.e. sale taxes, excise duty, packing, forwarding, freight and insurance etc. As indicated in the Price Schedule of the bid document but exclusive of Octroi / entry tax which will be paid extra as per actual, wherever applicable.

a) The scope of work involves print operations as well as post print operations such as

folding, stapling, and inserting in envelopes, franking etc. In the first phase the printing of Consumers bill inclusive of itemized STD/ISD details on proper stationery and sorting, collating, folding, stapling shall be initiated.

b) The Tenderer should quote for both activities in Financial Bid. Evaluation of financial bids for deciding relative rankings of the tenderers will be done on the basis of rates quoted for item 1 & 2 altogether and total cost of tendered quantity work as a package. Total quantity of work under tender will be awarded to L1 (lowest) bidder only.

23. CONTACTING THE BSNL: 23.1 Subject to Clause 20, no bidder shall try to influence the BSNL 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 BSNL in the BSNL's bid evaluation, bid comparison or contract award decisions shall result in the rejection of the bid.

24. PLACEMENT OF ORDER: 24.1 The BSNL may consider placement of orders to execute the contract on those bidder

whose offers have been found technically, commercially and financially acceptable. The BSNL reserves the right to counter offer price(s) against price(s) quoted by any bidder. Total quantity of work under tender will be awarded to L1 (lowest) bidder only.

24.2 The work against the tender is for one year’s requirement and the terms and conditions of this tender shall be operative for a period of one year from the date of signing of agreement between the BSNL and the Contractor. BSNL reserves the right to extend the contract on same terms & conditions for further period of two years or part thereof.

25. BSNL'S RIGHT TO VARY QUANTITIES AT TIME OF AWARD: (a) BSNL reserves the right to increase or decrease up to 25% of the quantity of goods and services specified in the schedule of requirements without any change in the unit price or other terms and conditions at the time of award of contract. (b)BSNL also reserves the right for placement of additional order or up to 50% of the additional quantities of goods and services contained in the running tender/ contract within a period of twelve months from the date of acceptance of first AWO in the tender 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 and supplies to be obtained within delivery period scheduled afresh.

No guarantee can be given to actual quantity. The quantity mentioned in the tender is tentative only. No claim should entertained for less /not allotting the quantum of work for any reason.

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(c) In exceptional situation where the requirement is of an emergent nature and it is necessary to ensure continued supplies from the existing vendors, the BSNL reserves the right to place repeat order up to 100% of the quantities of goods and services contained in the running tender/contract within a period of twelve months from the date of acceptance of first AWO in the tender 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.

26. BSNL'S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS: The BSNL reserves the right to accept or reject any bid, and to annul the bidding process

and reject all bids, at any time prior to award of contract without assigning any reason whatsoever and without thereby incurring any liability to the affected bidder or bidders on the grounds for the BSNL's action.

27. PROVISIONAL ACCEPTANCE LETTER (PAL): 27.1 The issue of an Advance Work Order (Letter of Intent) shall constitute the intention of

BSNL to enter into the contract with the bidder.

27.2 The bidder shall within 14 days of issue of an advance work order, give his acceptance along with performance security in conformity with section 7(B) provided with the bid documents.

28. SIGNING OF CONTRACT: 28.1 The issue of FAT shall constitute the award of contract on the bidder. 28.2 Upon the successful bidder furnishing of performance security pursuant to clause

27, the BSNL shall discharge its bid security, pursuant to clause 12.

29. ANNULMENT OF AWARD: Failure of the successful bidder to comply with the requirement of Clause 27 & 28 shall

constitute sufficient ground for the annulment of the award and forfeiture of the bid security in which event the BSNL may make the award to any other bidder at the discretion of BSNL or call for new bids.

30. N/A 31. REJECTION OF BIDS 31.1While 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 outright rejection of the bid.

(i) Clause 15 of Section 4(A): The bids will be recorded/returned unopened if covers are not properly sealed with ‘PERSONAL SEAL’ of the bidder.

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(ii) Clauses 12.1, 12.2 & 13.1 of Section 4(A): The bids will be rejected at opening stage if Bid security is not submitted as per Clauses 12.1 & 12.2 and bid validity is less than the period prescribed in Clause 13.1 mentioned above.

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

(iv) Clause 11.2 of Section 4 (A): N/ A

(v) Section 5(A) Commercial conditions, Section 5(B) Special Conditions of Contract: Compliance if given using ambiguous words like “Noted”, “Understood”, “Noted & Understood” shall not be accepted as complied. Mere “Complied” will also be not sufficient, reference to the enclosed documents showing compliances must be given.

(vi) Section 9(B) Price Schedule: Prices are not filled in as prescribed in Price Schedule.

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

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

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

31.4 The in-charge of Bid opening team will mention the number of bids with the name of

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

31.5 If the reviewing officer finds it fit to open the bid of the petitioner, this should be done

by giving three (working) days notice to all the participating bidders to give opportunity to participants desirous to be present on the occasion.

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

DEFAULT. In case of default by Bidder(s)/ Vendor(s) such as

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

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

Purchaser will take action as specified in Appendix-1 of this section. 33. Deleted

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34. NEAR-RELATIONSHIP CERTIFICATE 34.1. The bidder should give a certificate that none of his/ her near relative, as defined below,

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

34.2 The Company or firm or the person will also be debarred for further participation in the concerned unit.

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

34.4. The format of the certificate is given in Section-6(B).

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

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Appendix-1 to Section -4(Part-A)

S. No.

Defaults of the bidder / vendor. Action to be taken

A B C 1(a) Submitting fake / forged

i) Rejection of tender bid of respective Vendor. ii) Banning of business for 3 years which implies barring further dealing with the vendor for procurement of Goods & Services including participation in future tenders invited by BSNL for 3 years from date of issue of banning order. iii) Termination/ Short Closure of PO/WO, if issued. This implies non-acceptance of further supplies / work & services except to make the already received material work/ complete work in hand.

a) Bank Instruments with the bid to meet terms & condition of tender in respect of tender fee and/ or EMD; b) Certificate for claiming exemption in respect of tender fee and/ or EMD; and detection of default at any stage from receipt of bids till award of APO/ issue of PO/WO.

Note 1:- However, in this case the performance guarantee if alright will not be forfeited.

Note 2:- Payment for already received supplies/ completed work shall be made as per terms & conditions of PO/ WO.

1(b)

Submitting fake / forged documents towards meeting eligibility criteria such as experience capability, supply proof, registration with Sales Tax, Income Tax departments etc and as supporting documents towards other terms & conditions with the bid to meet terms & condition of tender :

(i) If detection of default is prior to award of APO

i) Rejection of Bid & ii) Forfeiture of EMD.

(ii) If detection of default after issue of APO but before receipt of PG/ SD (DD,BG etc.)

i) Cancellation of APO, ii) Rejection of Bid & iii) Forfeiture of EMD.

(iii) If detection of default after receipt of PG/ SD (DD,BG etc.) .

i) Cancellation of APO ii) Rejection of Bid & iii) Forfeiture of PG/ SD. However on realization of PG/ SD amount, EMD, if not already released shall be returned.

(iv) If detection of default after issue of PO/ WO

i) Termination/ Short Closure of PO/WO and Cancellation of APO ii) Rejection of Bid & iii) Forfeiture of PG/ SD. However on realization of PG/ SD amount, EMD, if not released shall be returned.

Note 3:- However, settle bills for the material received in correct quantity and quality if pending items do not affect working or use of supplied items.

Note 4:- No further supplies are to be accepted except that required to make the already supplied items work.

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S. No.

Defaults of the bidder / vendor. Action to be taken

A B C 2 If vendor or his representative uses

violent/ coercive means viz. Physical / Verbal means to threatens BSNL Executive / employees and/ or obstruct him from functioning in discharge of his duties & responsibilities for the following :

Banning of business for 3 years which implies Barring further dealing with the vendor for procurement of Goods & Services including participation in future tenders invited by BSNL for 3 years from date of issue of banning order.

a) Obstructing functioning of tender opening executives of BSNL in receipt/ opening of tender bids from prospective Bidders, suppliers/ Contractors.

b) Obstructing/ Threatening other prospective bidders i.e. suppliers/ Contractors from entering the tender venue and/ or submitting their tender bid freely.

3 Non-receipt of acceptance of APO/ AWO and SD/ PG by L-1 bidder within time period specified in APO/ AWO.

Forfeiture of EMD.

4.1 Failure to supply and/ or Commission the equipment and /or execution of the work at all even in extended delivery schedules, if granted against PO/ WO.

i) Termination of PO/ WO. ii) Under take purchase/ work at the risk & cost of defaulting vendor. iii) Recover the excess charges if incurred from the PG/ SD and outstanding bills of the defaulting Vendor.

4.2 Failure to supply and/ or Commission the equipment and /or execution of the Work in full even in extended delivery schedules, if granted against PO/ WO.

i) Short Closure of PO/ WO to the quantity already received by and/ or commissioned in BSNL and/ or in pipeline provided the same is usable and/or the Vendor promises to make it usable. ii) Under take purchase/ work for balance quantity at the risk & cost of defaulting vendor. iii) Recover the excess charges if incurred from the PG/ SD and outstanding bills of the defaulting Vendor.

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S.

No. Defaults of the bidder / vendor. Action to be taken

A B C 5.1 The supplied equipment does not

perform satisfactory in the field in accordance with the specifications mentioned in the PO/ WO/Contract.

i) If the material is not at all acceptable, then return the non-acceptable material (or its part) & recover its cost, if paid, from the o/s bills/ PG/ SD. OR ii) If the material is inducted in network & it is not possible to return it and/ or material is acceptable with degraded performance, the purchaser may determine the price for degraded equipment (Financial penalty = Price – price determined for degraded equipment) himself and/ or through a committee. Undertake recovery of financial penalty from outstanding dues of vendor including PG/ SD.

5.2 Major quality problems (as established by a joint team / committee of User unit(s) and QA Circle) / performance problems and non-rectification of defects (based on reports of field units and QA circle).

i) If the material is not at all acceptable, then return the non-acceptable material (or its part) & recover its cost, if paid, from the o/s bills/ PG/ SD; OR ii) If the material is inducted in network & it is not possible to return it and/ or material is acceptable with degraded performance, the purchaser may determine the price for degraded equipment (Financial penalty = Price – price determined for degraded equipment) himself and/ or through a committee. Undertake recovery of financial penalty from outstanding dues of vendor including PG/ SD; and iii) Withdrawal of TSEC/ IA issued by QA Circle.

6

Submission of claims to BSNL against a contract

i) Recovery of over payment from the outstanding dues of Vendor including EMD/ PG & SD etc. and by invoking ‘Set off’ clause 16 of Section -5(A) or by any other legal tenable manner. ii) Banning of Business for 3 years from date of issue of banning order or till the date of recovery of over payment in full, whichever is later.

(a) for amount already paid by BSNL . (b) for Quantity in excess of that supplied by Vendor to BSNL.

c) for unit rate and/ or amount higher than that approved by BSNL for that purchase. Note 5:- The claims may be submitted with or without collusion of BSNL

Executive/ employees. Note 6:- This penalty will be imposed irrespective of the fact that payment is

disbursed by BSNL or not.

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S.

No. Defaults of the bidder / vendor. Action to be taken

A B C 7

Network Security/ Safety/ Privacy:- If the vendor tampers with the hardware, software/ firmware or in any other way that

i) Termination of PO/ WO. ii) Banning of business for 3 years which implies barring further dealing with the vendor for procurement of Goods & Services including participation in future tenders invited by BSNL for 3 years from date of issue of banning order. iii) Recovery of any loss incurred on this account from the Vendor from its PG/ SD/ O/s bills etc. iv) Legal action will be initiated by BSNL against the Vendor if required.

a) Adversely affects the normal working of BSNL equipment(s) and/ or any other TSP through BSNL.

b) Disrupts/ Sabotages functioning of the BSNL network equipments such as exchanges, BTS, BSC/ MSC, Control equipment including IN etc., transmission equipments but not limited to these elements and/ or any other TSP through BSNL.

c) tampers with the billing related data/ invoicing/ account of the Customer/ User(s) of BSNL and/ or any other TSP(s).

d) hacks the account of BSNL Customer for unauthorized use i.e. to threaten others/ spread improper news etc.

e) undertakes any action that affects/ endangers the security of India.

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S. No.

Defaults of the bidder / vendor. Action to be taken

8

If the vendor is declared bankrupt or insolvent or its financial position has become unsound and in case of a limited company, if it is wound up or it is liquidated.

i) Termination/ Short Closure of the PO/ WO. ii) Settle bills for the quantity received in correct quantity and quality if pending items do not affect working or use of supplied items. iii) No further supplies are to be accepted except that required to make the already supplied items work. iv) In case of turnkey projects, If the material is commissioned and is usable without any degradation of performance, then settle bills for the acceptable equipment/ material (or its part). v) In case of turnkey projects, if the material is inducted in network & it is not possible to return it and/ or material is acceptable with degraded performance, the purchaser may determine the price for degraded equipment (Financial penalty = Price – price determined for degraded equipment) himself and/ or through a committee. Undertake recovery of financial penalty from outstanding dues of vendor including PG/ SD.

9 In the event of the vendor, its proprietor, Director(s), partner(s) is / are convicted by a Court of Law following prosecution for offences involving moral turpitude in relation to the business dealings.

i) Termination/Short Closure of the PO/ WO. ii) Settle bills for the material received in correct quantity and quality if pending items do not affect working or use of supplied items. iii) No further supplies are to be accepted except that required to make the already supplied items work. iv) In case of turnkey projects, If the material is commissioned and is usable without any degradation of performance, then settle bills for the acceptable equipment/ material (or its part). v) In case of turnkey projects, If the material is inducted in network & it is not possible to return it and/ or material is acceptable with degraded performance, the purchaser may determine the price for degraded equipment (Financial penalty = Price – price determined for degraded equipment) himself and/ or through a committee. Undertake recovery of financial penalty from outstanding dues of vendor including PG/ SD.

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S. No.

Defaults of the bidder / vendor. Action to be taken

A B C 10

If the vendor does not return/ refuses to return BSNL’s dues:

i) Take action to appoint Arbitrator to adjudicate the dispute.

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

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

11 If the Central Bureau of Investigation/ Independent External Monitor (IEM) / Income Tax/ Sales Tax/ Excise / Custom Departments recommends such a course

Take Action as per the directions of CBI or concerned department.

12

The following cases may also be considered for Banning of business:

i) Banning of business for 3 years which implies Barring further dealing with the vendor for procurement of Goods & Services including participation in future tenders invited by BSNL for 3 years from date of issue of banning order.

(a) If there is strong justification for believing that the proprietor, manager, MD, Director, partner, employee or representative of the vendor/ supplier has been guilty of malpractices such as bribery, corruption, fraud, substitution of tenders, interpolation, misrepresentation with respect to the contract in question. (b) If the vendor/ supplier fails to execute a contract or fails to execute it satisfactorily beyond the provisions of Para 4.1 & 4.2.

(c) If the vendor/ supplier fails to submit required documents/ information, where required.

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S. No.

Defaults of the bidder / vendor. Action to be taken

A B C

12 contd

(d) Any other ground which in the opinion of BSNL is just and proper to order for banning of business dealing with a vendor/ supplier.

Note 7: The above penalties will be imposed provided it does not clash with the provision of the respective tender.

Note 8:-In case of clash between these guidelines & provision of invited tender, the provision in the respective tender shall prevail over these guidelines.

Note 9: Banning of Business dealing order shall not have any effect on the existing/ ongoing works/ AMC / CAMC which will continue along with settlement of Bills.

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SECTION- 4 (Part-B) E-tendering Instructions to Bidders

General These Special Instructions (for e-Tendering) supplement 'Instruction to Bidders', as enclosed in Sec 4 Part A of the tender Documents. Submission of Bids only through online process is mandatory for this tender. E-Tendering is a new methodology for conducting Public Procurement in a transparent and secured manner. Suppliers/ Vendors will be the biggest beneficiaries of this new system of procurement For conducting electronic tendering, BSNL Ahmedabad is using the portal https://eprocurement.synise.com/bsnl1/gujarat 1. Tender Bidding Methodology:

Sealed Bid System – Single Stage – Two Envelopes', Followed by 'e-Reverse Auction' (if required by Business Unit / Planning cell) after opening of the Financial bids. In case of two envelope system Financial & Techno-commercial bids shall be submitted by the bidder at the same time.

2. Broad outline of activities from Bidders prospective: 1. Procure a Digital Signing Certificate (DSC) Class 2 or above 2. Register on Electronic Tendering System® (ETS) on e-procurement portal of Gujarat Circle. 3. Create Users and assign roles on ETS 4. View Notice Inviting Tender (NIT) on ETS 5. Download Official Copy of Tender Documents from ETS 6. Clarification to Tender Documents on ETS

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

7. Bid-Submission on ETS 8. Attend Public Online Tender Opening Event (TOE) on ETS Opening of Techno-

commercial Part 9. View Post-TOE Clarification posted by BSNL on ETS (Optional) Respond to BSNL's

Post TOE queries 10. Attend Public Online Tender Opening Event (TOE) on ETS Opening of Financial-

Part (Only for Technical Responsive Bidders) 11. Participate in e-Reverse Auction on ETS if applicable

For participating in this Tender online, the following instructions need to be read carefully. These instructions are supplemented with more detailed guidelines on the relevant screens of the ETS.

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

4. Registration

To use the Electronic Tender® portal https://eprocurement.synise.com/bsnl1/gujarat vendor needs to register on the portal. Registration of each organization is to be done by one of its senior persons who will be the main person coordinating for the e-tendering activities. In

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ETS terminology, this person will be referred to as the Super User (SU) of that organization. For further details, please visit the website/portal, https://eprocurement.synise.com/bsnl1/gujarat (on the Home Page), and follow further instructions as given on the site.

Pay Annual Registration Fee as applicable.

Note: After successful Registration send a mail to below mention ID with details ( For New Bidders) please contact M/s Synise Helpdesk (as given below), to get your registration accepted/activated, procedure, training fees, etc. M/s Synise Helpdesk Contact Details Contact Person: Indrajeet, Ashok Email : [email protected] Telephone Nos: +91 020-30277517,516, 522 Mobile nos.: 7774013248, 7774013247

[between 10:00 hrs. to 18:00 hrs on working days Monday To Saturday ]

BSNL Contact: BSNL Contact - 1 BSNL's Contact Person Shri. J S Patel Telephone/ Mobile 079-26480024

[between 10:30 hrs to 17:00 hrs on working days] E-mail ID [email protected]

BSNL Contact - 2 BSNL's Contact Person Shri. N D Shah Telephone/ Mobile 079-26480067

[between 10:30 hrs to 17:00 hrs on working days] E-mail ID [email protected]

5. Bid related Information for this tender (Sealed Bid)

The entire bid-submission would be online on e-procurement portal of Gujarat Circle. Broad outline of submissions are as follows:

Submission of Bid Security/ Earnest Money Deposit (EMD) Submission of digitally signed copy of Tender Documents/ Addendum/addenda Two Envelopes Techno-commercial -Part Financial-Part

Each of the above electronic envelopes consists of Main bid and Electronic form (both mandatory) and bid Annexure (Optional). NOTE: Bidder must ensure that after following above the status of bid submission must become- “Complete 6. Offline Submissions:

The bidder is requested to submit the following documents offline to A.G.M. (MM), O/o. G.M. (CFA NWP), 10th Floor, Telephone Bhavan, C.G.Road, Navrangpura, Ahmedabad-06 on or before the date & time of submission of bids specified in covering letter of this tender document, in a Sealed Envelope. The envelope shall

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bear (name of the work), the tender number and the words 'DO NOT OPEN BEFORE' (due date & time). 1. EMD-Bid Security in Original. 2. DD/ Bankers cheque drawn in favour of AO(Cash) HQ, BSNL, PGM,ATD,

Ahmedabad, payable at Ahmedabad against payment of tender fee. 3. Power of attorney in accordance with clause 14.3 of Section 4 Part A 4. Latest and valid MSE/NSIC Certificate duly certified by MSE/NSIC if applicable 5. Sample of Item

7. Special Note on Security of Bids

Security related functionality has been rigorously implemented in e-procurement portal in a multidimensional manner. Starting with 'Acceptance of Registration by the Service Provider', provision for security has been made at various stages in Electronic Tender's software. Security related aspects as regard Bid Submission are outlined below:

As part of the Electronic Encrypter™ functionality, the contents of both the 'Electronic Forms' and the 'Main-Bid' are securely encrypted using a Pass-Phrase created by the Bidder himself. Unlike a 'password', a Pass-Phrase can be a multi-word sentence with spaces between words (e.g. I love this World). A Pass-Phrase is easier to remember, and more difficult to break. It is recommended that a separate Pass-Phrase be created for each Bid-Part. This method of bid-encryption does not have the security and data- integrity related vulnerabilities which are inherent in e-tendering systems which use Public-Key of the specified officer of a Buyer organization for bid-encryption. Bid- encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE), even if there is connivance between the concerned tender opening officers of the Buyer organization and the personnel of e-tendering service provider. Typically, 'Pass-Phrase' of the Bid-Part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each bidder during the TOE itself, when demanded by the concerned Tender Opening Officers who will open the bid. Else Tender Opening Officer may authorize the bidder to open his bid himself. There is an additional protection with SSL Encryption during transit from the client-end computer of a Supplier organization to the e-tendering server/ portal.

8. Public Online Tender Opening Event (TOE) ETS offers a unique facility for 'Public Online Tender Opening Event (TOE)'. Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices. For this purpose, representatives of bidders (i.e. Supplier organization) dully authorized are requested to carry a Laptop and Wireless Connectivity to Internet. Every legal requirement for a transparent and secure 'Public Online Tender Opening Event (TOE)' has been implemented on ETS. As soon as a Bid is decrypted with the corresponding 'Pass-Phrase' as submitted online by the bidder himself (during the TOE itself), salient points of the Bids are simultaneously made available for downloading by all participating bidders. The work of taking notes during a manual 'Tender Opening Event' is therefore replaced with this superior and convenient form of 'Public Online Tender Opening Event (TOE)'.

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ETS has a unique facility of 'Online Comparison Chart' which is dynamically updated as each online bid is opened. The format of the chart is based on inputs provided by the Buyer for each Tender. The information in the Comparison Chart is based on the data submitted by the Bidders in electronic forms. A detailed Technical and/ or Financial Comparison Chart enhances Transparency. Detailed instructions are given on relevant screens. ETS has a unique facility of a detailed report titled 'Minutes of Online Tender Opening Event (TOE)' covering all important activities of 'Online Tender Opening Event (TOE)'. This is available to all participating bidders for 'Viewing/ Downloading'. There are many more facilities and features on ETS. For a particular Tender, the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer.

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

9. Clause Deleted

10. Other Instructions For further instructions, the vendor should visit the home-page of the portal https://eprocurement.synise.com/bsnl1/gujaratand go to the User-Guidance Center

The help information provided through 'ETS User-Guidance Center' is available in three categories - Users intending to Register / First-Time Users, Logged-in users of Buyer organizations, and Logged-in users of Supplier organizations. Various links are provided under each of the three categories.

Note: It is strongly recommended that all authorized users of Supplier organizations should thoroughly peruse the information provided under the relevant links, and take appropriate action. This will prevent hiccups, and minimize teething problems during the use of ETS.

The following 'FOUR KEY INSTRUCTIONS for BIDDERS' must be assiduously adhered to: 1. Obtain individual Digital Signing Certificate (DSC or DC) well in advance of your first

tender submission deadline on ETS. 2. Register your organization on ETS well in advance of your first tender submission

deadline on ETS 3. Get your organization's concerned executives trained on ETS well in advance of

your first tender submission deadline on ETS 4. Submit your bids well in advance of tender submission deadline on ETS as there

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

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11. Minimum Requirements at Bidders end • Computer System with good configuration (Min P IV, 1 GB RAM, Windows XP) • Broadband connectivity. • Microsoft Internet Explorer 6.0or above • Digital Certificate(s) for users.

12. Vendors Training Program One day training (10:00 to 17:00) would be provided. Training is optional. Vendors may please send their request for training to AGM (MM) O/o GM CFA NWP, BSNL, 10th Floor, Telephone Bhawan, C.G.Road, Ahmedabad 380006 by Email. Vendors are requested to carry a Laptop and Wireless Connectivity to Internet. Tentative Dates Date of uploading of Tender document + 7 days Venue Conference Hall, 10th Floor, Telephone Bhavan,

C G Raod, Ahmedabad 380006 Vendors Training Charges (Per Participant) per training day

Rs. 5000 /- (Including Service Tax)

Mode of Payment of Fees DD drawn in favour of M/s Synise Technologies Ltd.

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SECTION – 5 (Part-A) GENERAL (COMMERCIAL) CONDITIONS OF CONTRACT (GCC)

1. APPLICATION The general condition shall apply in contracts made by the purchaser for the procurement of goods / service.

2. STANDARDS

The goods / services supplied under this contract shall conform to the standards. 3. PATENT RIGHTS

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

4. PERFORMANCE SECURITY 4.1 All suppliers (including small scale units who are registered with the 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

4.2 The proceeds of the performance security shall be payable to the Purchaser as

compensation for any loss resulting from the Supplier's failure to complete its obligations under the Contract.

4.3 The Performance Security shall be in the form of FDR/ DD /bank guarantee issued by a

Nationalized Bank /Scheduled bank as per proforma provided in the Bid Document, 4.4 The Performance Security Bond will be discharged by the purchaser after completion of

the Supplier's performance obligations under the Contract. 5 DEFECTS:

The tenderer shall indemnify BSNL and keep BSNL indemnified against any loss, damages and other costs that BSNL may be put into or incurred by reason of any error or any defect in printing. In the event of any discovery of error or defect due to the fault of the tenderer or deficiency in quality at any time during / after the printing and supply of consumers bill, the tenderer shall be bound, if called upon to do so, to rectify such error or defect at his own cost and reprint the bills to the satisfaction of BSNL & within the time fixed by the BSNL Ahmedabad.

However if the error/ defect found to be of BSNL the tenderer shall be bound to re-print and supply such bills printed defectively at the same approved rates or reduced rates on mutually agreed terms.

6. PAYMENT TERMS (i) The agency shall arrange to submit its claim on monthly basis. Bills in

triplicate enclosing stamped pre-receipt shall be preferred by the agency to the CAO (CMTS) / CAO (TRC) ATD, 10th of every month for the services rendered (actual number of images) in the preceding calendar month..

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(ii) The bidder has to give the mandate for receiving payment electronically and the charges, if any, levied by bank has to be borne by the bidder/ contractor/supplier. The bidder companies are required to give the following information for this purpose:-

(i) Beneficiary Bank Name: (ii) Beneficiary Branch Name: (iii) IFSC code of beneficiary Branch (iv) Beneficiary account No.: (v) Branch Serial No. (MICR No)

7. INSPECTION: The chief Account Officer or his representative or any other of

his superior officers shall have free access to the sight at all times for inspection. The agency shall render to the representative of BSNL all possible assistant & facility for the purpose.

8. PRICES

i) Prices charged by the Supplier for Goods delivered and services performed under the Contract shall not be higher than the prices quoted by the Supplier in his Bid.

ii) (a) Price will be fixed at the time of issue of purchase order as per taxes &

statutory duties applicable at that time. (b) In case of reduction of taxes & 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.

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

iii) Any increase in taxes and other statuary duties/levies after the expiry of the

scheduled delivery date shall be to the suppliers account. However benefit of any decrease in these taxes/duties shall be passed to the purchaser by the supplier.

9. CHANGES IN PURCHASE ORDERS 9.1 The purchaser may, at any time, by a written order given to a supplier, make changes

within the general scope of the contract in any one or more of the following: (a) the method of transportation or packing; (b) the place of delivery; or (c) the services to be provided by the supplier 9.2 If any such change causes an increase or decrease in the cost of, or the time required

for the execution of the contract an equitable adjustment shall be made in the contract price or delivery schedule, or both, and the contract shall accordingly be amended. Any proposal by the supplier for adjustment under this clause must be made within thirty days from the date of the receipt of the change in order.

10 SUBCONTRACTS

The Supplier shall notify the Purchaser in writing of all subcontracts awarded under this contract if not already specified in his bid. Such notification, in his original bid or later shall not relieve the supplier from any liability or obligation under the Contract.

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11 PENALTY: (LIQUIDATED DAMAGES)

In the event of failure to complete the entire print job including other post printing operations if any, within the print window timings specified in Section 3, the tenderer shall be liable to pay the penalty as follows and such amount will be deducted from any amount due to him from BSNL.

(a) First day: Rs.1, 000 per hour subject to a maximum of Rs.10, 000 for that day.

(b) Second day: Rs. 2,000 per hour subject to a maximum of Rs. 20,000 for that day.

(c) More than two days: Rs.5,000 per hour subject to a maximum of Rs.30,000 per day

IF PENALIZED MORE THAN THRICE A YEAR, CONTRACT IS LIABLE FOR TERMINATION WITHOUT NOTICE.

If the delay beyond print window timings exceeds 48 hours, BSNL will be free to get the work done through other sources. The cost of such work will be payable by the tenderer in addition to the above stated liquidated damages.

Sunday & Telegraph holidays may be excluded while calculating the penalty as the post offices are closed on those days if bills are dispatched immediately on the next day at 10.00 Hrs. only.

Where material has been supplied to the printer while printing process of the previous bill is in progress the benefit of time lag up to admissible window time in respect of the cycle may be given.

PGM ATD Ahmedabad reserves the right to waive off the penalty or reduce it, at his discretion, depending upon the merits of the reasons for such delay. However, this waiver clause shall not be invoked, as a matter of routine. 12 EXTENSION AND ALTERNATIVE ARRANGEMENT:

If any time, during the continuation of this contract, the performance in whole or in part by the purchaser of any obligation under this contract is prevented or delayed by reasons of any war or hostility, act of the public, enemy, civil commotion, sabotage, fires, flood, 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 it to the other within 21 days from the date of occurrence ,thereof, the supplier shall by reason of event be not entitled to terminate this contracty, nor shall it have any claim for damages against other in respect of such non-performance or delay in the performance and performance under the contract shall be resumed as soon as practicable after such an event comes to an end or ceases to exist, and the decision of the purchaser in this respect shall be final and conclusive. For the purpose of avoidance of inconvenience to the public and the customers of purchaser due to civil commotion, strike and riots, the supplier shall be responsible for making necessary standby/alternate arrangement either off-site or on-site to the extent of not less than 75 % of the required capacity for printing of total print volume at any time. The supplier shall indicate clearly their proposed plan for such arrangement and enclose it along with their quote. The tender received without such plan shall be liable for rejection. The back-up plan/site shall be inspected by the BSNL before finalizing the contract.

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

13 TERMINATION FOR DEFAULT 13.1 The Purchaser may, without prejudice to any other remedy for breach of 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;

b) If the supplier fails to perform any other obligation(s) under the Contract; and 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 authorize in writing) after receipt of the default notice from the purchaser.

13.2 In the event the purchaser terminates the contract in whole or in part pursuant to Para

13.1 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 the performance of the contract to the extent not terminated.

14. TERMINATION FOR INSOLVENCY

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

15. ARBITRATION 15.1 In the event of any question, dispute or difference arising under this agreement or in

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

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an arbitrator in accordance with terms of the agreement and the person so appointed shall be entitled to proceed from the stage at which it was left out by his predecessors.

15.2 The arbitrator may from time to time with the consent of both the parties enlarge the

time frame for making and publishing the award. Subject to the aforesaid, Arbitration and Conciliation Act, 1996 and the rules made there under, any modification thereof for the time being in force shall be deemed to apply to the arbitration proceeding under this clause.

15.3 The venue of the arbitration proceeding shall be the office of the PGM, Ahmedabad

Telecom District ,Ahmedabad or such other places as the arbitrator may decide.

16 SET OFF Any sum of money due and payable to the supplier (including security deposit

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

17. Deleted 18. Deleted

19 FALL CLAUSE: 19.1 The prices once fixed will remains valid during the scheduled delivery period.

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 material/service.

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

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

19.2 (a) The vendor while applying for extension of time for delivery of materials/service If

any shall have to provide an undertaking as “We have not reduced the sale price, and/or offered to sell the same or similar material/service to any person/organization including Department of central/state Government or any/ central/state PSU at a price lower than the price chargeable under the contract for scheduled delivery period.

And / or

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(b) In case under taking as in clause 19.2(a) is not applicable, the vendor will give the details of prices, the name(s)of purchaser, quantity recto the purchaser, while applying extension of delivery period.

20 COURT JURISDICTION

(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 Supplier/PO entered with him shall be subject to the jurisdiction of the competent Court at the place from where Contract/PO has been issued accordingly, a stipulation shall be made in the contract as under.

“This contract /PO is subject to jurisdiction of court at Ahmedabad” only.

21 The Department reserves the right to black list a bidder for a suitable period in case

he fails to honour his bid without sufficient grounds.

SECTION –5(Part-B) SPECIAL CONDITIONS OF CONTRACT

Deleted

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SECTION- 6 PART A

UNDERTAKING & DECLARATION

a) Certified that:

1. I/ We ……………………………………. have read, understood and agree with all the terms and conditions, specifications included in the tender documents & offer to execute the work at the rates quoted by us in the tender form.

2. If I/ We fail to enter into the agreement & commence the work in time, the EMD/ SD deposited by us will stand forfeited to the BSNL.

b) The tenderer hereby covenants and declares that: 1. All the information, Documents, Photo copies of the Documents/ Certificates

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

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

c) DECLARATION REGARDING INTERNET DOWNLOADED BID SUBMISSION as per clause no 12, Section – 1A.

I / We declare that no addition / deletion / corrections have been made in the downloaded tender document being submitted and it is identical to the tender document appearing on the website.

d) CERTIFICATE REGARDING FIRM HAS NOT BLACK LISTED BY ANY SSA/CIRCLE OF BHARAT SANCHAR NIGAM LIMITED / MTNL as per Clause No. 13, Section – 1(Part A)

I,……………………………………………………….……S/o……………………………………… r/o…………………………………………………..……hereby certify that we or our firm ……………………………………………………………………… has not been BLACK LISTED by any SSA/Circle of MTNL/BSNL 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.

e) Clause by Clause Compliance

It is to certify that the tender document is carefully read & understood and all the sections and clauses are complied unconditionally & unequivocally. There is no deviation from the terms & conditions of the tender. Date: …………… …… ………………………

Signature of Tenderer Place: …………… Name of Tenderer

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Along with date & Seal

SECTION- 6 PART B

DECLARATION REGARDING NO RELATIVE WORKING IN BSNL

I ___________________________Son of / W /O___________________________ R/O _________________________here by certify that none of my relative(s) as defined in 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.

Signed ___________________

For and on behalf of the Agency Name (Capitals) ___________________________ Position ____________________________ Date ____________________________

Note: - 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. Any breach of these conditions by the company or firm or any other person, the tender/ work will be cancelled and earnest money / security deposit will be forfeited at any stage whenever it is so noticed. BSNL will not pay any damages to the company or firm or the concerned person. The company or firm or the person will also be debarred for further participation in the concerned unit.

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SECTION – 7

PROFORMAS

7 (A) BID SECURITY/ EMD Guarantee (To be typed on Rs.100/- non-judicial stamp paper)

Whereas.................................. (hereinafter called "the Bidder") has submitted its bid

dated............for the supply of ........................ vide Tender No……………………

dated............ KNOW ALL MEN by these presents that WE....................... OF ....................

having our registered office at .................(hereinafter called "the Bank") are bound unto

Bharat 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 present.

THE CONDITIONS of the obligation are :

1. If the Bidder withdraws his 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, 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 owning to the

occurrence of one or both of the two conditions, specifying the occurred condition or

conditions.

This guarantee will remain in force as specified in clauses 12 and 28.2 of Section 4 Part A of

the Bid Document 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

Signed in Capacity of

Name & Signature of witness Full address of Branch

Address of witness Tel No. of Branch

Fax No. of Branch

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7 (B) PERFORMANCE SECURITY BOND FORM (To be typed on Rs.100/- non-judicial stamp paper) Dated:…………….. Sub: Performance guarantee. Whereas Principal General Manager Telecom, Ahmedabad Telecom District, Ahmedabad (hereafter referred to as BSNL) has issued an AWO no. …………..…………………………...Dated ……/……/20….. awarding the work of ……………………………………………………………………………….. to M/s …………………..……………………………R/o………………………………………………………………… ………………………………(hereafter referred to as “Bidder”) and BSNL has asked him to submit a performance guarantee in favour of AO(Cash) HQ, BSNL, PGM,ATD, Ahmedabad of Rs. …………..……/- (hereafter referred to as “P.G. Amount”) valid up to ……/……/20……… (hereafter referred to as “Validity Date”) Now at the request of the Bidder, We ………………………………………Bank ………………………………………………. Branch having .......................................... ...................... (Address) and Regd. office address as ……… ………...…………………………………………………………………… (Hereinafter called ‘the Bank”) agreed to give this guarantee as hereinafter contained: 2. We, “the Bank” do hereby undertake and assure to the BSNL that if in the opinion of the BSNL, the Bidder has in any way failed to observe or perform the terms and conditions of the said agreement or has committed any breach of its obligations there-under, the Bank shall on demand and without any objection or demur pay to the BSNL the said sum limited to P.G. Amount or such lesser amount as BSNL may demand without requiring BSNL to have recourse to any legal remedy that may be available to it to compel the Bank to pay the same. 3. Any such demand from the BSNL shall be conclusive as regards the liability of Bidder to pay to BSNL or as regards the amount payable by the Bank under this guarantee. The Bank shall not be entitled to withhold payment on the ground that the Bidder had disputed its liability to pay or has disputed the quantum of the amount or that any arbitration proceeding or legal proceeding is pending between Bidder and BSNL regarding the claim. 4. We, the Bank further agree that the guarantee shall come into force from the date of its issue and shall remain in full force and effect up to its Validity date. 5. The Bank further agrees that the BSNL shall have the fullest liberty without the consent of the Bank and without affecting in any way the obligations hereunder to vary any of the terms and conditions of the said agreement or to extend the time for performance of the said agreement from any of the powers exercisable by BSNL against the Bidder and to forebear to enforce any of the terms and conditions relating to the said agreement and the Bank shall not be relieved from its liability by reason of such failure or extension being granted to Bidder or through any forbearance, act or omission on the part of BSNL or any indulgence by BSNL to Bidder or any other matter or thing whatsoever which under the law relating to sureties would but for this provision have the effect of relieving or discharging the guarantor. 6. Notwithstanding anything herein contained;

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

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

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7 (C) LETTER OF AUTHORISATION FOR ATTENDING BID OPENING (To be typed preferably on letter head of the company)

Subject: Authorization for attending Bid opening I/ We Mr. /Ms. …………………………………….. have submitted our bid for the tender no.

………………………….……… in respect of …………………………………………………..

(Item of work) which is due to open on …………………. (date) in the Meeting Room,

O/o ………………………………………………………………………………….

We hereby authorize Mr./ Ms. ……………………………… ……………………….&

Mr. / Ms…………….……………………………………….. ………………………… (alternative)

whose signatures are attested below, to attend the bid opening for the tender mentioned

above on our behalf.

…………………………………….

Signature of the Representative

………………………………… Signature of Bidder/ Officer authorized to sign

Name of the Representative on behalf of the Bidder

…………………………………….

Signature of the alternative Representative

…………………………………………..

Name of the alternative Representative

Above Signatures Attested

Note 1: Maximum two representatives will be permitted to attend the Bid opening. In cases where it is restricted to one, first preference will be allowed. Alternate representative will be permitted when regular representatives are not able to attend.

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

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7(D) AGREEMENT This agreement is made on ______________ between the BHARAT SANCHAR NIGAM LIMITED or assignees on the one part _____________________________________ ________________________________________ carrying on business as Partners/ Proprietors under the name and style as above mentioned a Partnership Firm Registered Company under the Indian Partnership ACT ------------------------. Hereinafter referred to as the “Contractors, (Which expression shall unless excluded by or repugnant to the context, include its successors and assigns) on the other part. Where as the BSNL invited Tender through Pr. General Manager, Ahmedabad Telecom District, Ahmedabad and the contractor offered for heavy duty printing solution for printing of consumer bills (Landline / CDMA / GSM) required for Ahmedabad Telecom District ,as per specification for the period of “One Year” from the date of conclusion of this agreement and where as the BSNL has accepted the offer on the terms & conditions hereafter mentioned under ASSTT.GENERAL MANAGER(MM) Ahmedabad Telecom District ,Ahmedabad letter no ATD/MM/T-1733/16-17 dated _____________ Now, therefore, it is hereby agreed by and the parties as follows:- 1. This agreement will remain in force for one year from the date of conclusion and during further extended period of two years or part thereof on same terms and conditions thereafter if the Pr. General Manager, Ahmedabad Telecom District, Ahmedabad so desires. 2. All the terms and condition mentioned in Tender Notice, its Annexure (S) and in accepted tenders are binding on this contract. The accepted Tenderer is bound to comply with the Orders placed by Ahmedabad Telecom District, Ahmedabad in full irrespective of quantities mentioned in the tender Notice. 3. The Contractor shall not transfer or sublet the contract without previous consent in writing of the Pr General Manager, Ahmedabad Telecom District, Ahmedabad. 4. The Contractor has paid Security Deposit of Rs. _________________________ (Rs. ______________________________________________________) for _____ Months Vide __________________________________________________________________ This deposit would to liable to be “Forfeited “in the event of the contractor not complying with any Terms & Conditions of the agreement Interest will not be allowed on this amount. It will be returned only after satisfactory completion of the contract and settlement of all outstanding dues. 5. No one connected with or in the Employment of BSNL shall be admitted by the contractor as a partner or have any interest in this contract. In the event of the contractor being adjudged involvement or in the event of his failing to comply with any of the terms and conditions mentioned here in the Pr. General Manager will have powers to terminate the contract after giving Two weeks’ notice. 6. The BSNL shall be at liberty to terminate this agreement at any time by giving Six months’ notice in writing without assigning any reason (s).

7. The BSNL shall not be responsible for any loss, damage etc, as a result of the termination of the contract. The BSNL shall be free to take action against the Contractor for the payment of dues Entering in to partnership without written of Pr. General Manager, Ahmedabad TelecomDistrict, Ahmedabad with another party /parties for carrying out this contract after the

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tender offer is accepted or after the contract is finalized will invalidate the contract which can be terminated with notice on this account by Pr.General Manager, Ahmedabad Telecom Distrct, Ahmedabad. 8. If the contractor dies before or during performance of this contract the Pr. General Manager Telecom District, A’bad. Or any person authorized by him may at this contract, the Pr. General Manager Telecom District, Ahmedabad or any person authorized by him at his option either immediately terminate this agreement or allow the surviving partner and /or the heirs and legal representatives of the contractor to perform and complete the contractor within the stipulated time.

9. In the event of the termination of the agreement as mentioned in Para 6 &7 (Six & Seven) here of the contractor or his heirs legal and representative shall have no claim for compensation or otherwise for any loss sustained by the contractor by reason of his having purchase or procured any accessories or entered in to any agreement or made any advances on account of or with a view to supply the prescribed materials to the Ahmedabad Telecom District as per the agreement.

10. The Contractor shall not be held responsible for the delay in Bill Printing Of Telephone bills in ATD., under the terms & conditions of this agreement for reasons beyond his control i.e. civil war strike ,riots and natural calamities.

11. Any sum of money due or payable to the contractor including “Security Deposit “may be appropriated by the BSNL and set off against any claim of the BSNL for the payment of money arising out of or under any other contract made by the Contractor with the BSNL. 12. The Contractor shall be paid at appropriate rates specified by him in the tender submitted by him at approved by this office which his mentioned in “ANNEXURE “ to this contract .

13. Rate in respect of Printing of Bills in ATD quoted in both figures and words against each items shown in the tender submitted , will hold good for the entire period of “One YEAR” from the date of conclusion of agreement as well as for Two Year or part thereof in addition , if the period is extended by the Pr. General Manager , Ahmedabad Telecom District, Ahmedabad. And no revision of rates due to market fluctuations or increase in Government taxes or for whatsoever reason (s) will be allowed during the entire period of agreement. 14. PENALTY: (LIQUIDATED DAMAGES) In the event of failure to complete the entire print job including other post printing operations if any, within the print window timings specified in Section 3 of tender document, for PCO Bills the print windows shall be 30 Hrs, the tenderer shall be liable to pay the penalty as follows and such amount will be deducted from any amount due to him from BSNL.

(a) First day: Rs.1, 000 per hour subject to a maximum of Rs.10, 000 for that day. (b) Second day: Rs.2, 000 per hour subject to a maximum of Rs.20, 000 for that day. (c) More than two days Rs.5, 000 per hour subject to a maximum of Rs.30, 000 per day.

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IF PENALIZED MORE THAN THRICE A YEAR, CONTRACT IS LIABLE FOR TERMINATION WITHOUT NOTICE. If the delay beyond print window timings exceeds 48 hours, BSNL will be free to get the work done through other sources. The cost of such work will be payable by the tenderer in addition to the above stated liquidated damages. Sunday & Telegraph holidays may be excluded while calculating the penalty as the post offices are closed on those days if bills are dispatched immediately on next day at 10.00 Hrs only. Where material has been supplied to the printer while printing process of the previous bill is in progress the benefit of time lag up to admissible window time in respect of the cycle may be given.

PGM ATD Ahmedabad reserves the right to waive off the penalty or reduce it, at his discretion, depending upon the merits of the reasons for such delay. However, this waiver clause shall not be invoked, as a matter of routine.

15. IMPORTANT CLAUSE: If the approved tenderer fails to supply any of the accepted it of Fails to attend the work as per terms & condition of the tender notice as a whole will be terminated and his “Security DEPOSIT ” will be “forfeited “in addition he will be “Black Listed “and debarred from participating and acceptance of any of the future tenders in Progress of finalization on for entire Ahmedabad Telecom District.

16. ARBITRATION CLAUSE:

16.1 In the event of any question, dispute or difference arising under this agreement or in connection there-with (except as to the matters, the decision to which is specifically provided under this agreement), the same shall be referred to the sole arbitration of the PGM, BSNL or in case his designation is changed or his office is abolished, then in such cases to the sole arbitration of the officer for the time being entrusted (whether in addition to his own duties or otherwise) with the functions of the PGM, BSNL or by whatever designation such an officer may be called (hereinafter referred to as the said officer), and if the PGM or the said officer is unable or unwilling to act as such, then to the sole arbitration of some other person appointed by the PGM or the said officer. The agreement to appoint an arbitrator will be in accordance with the Arbitration and Conciliation Act 1996. There will be no objection to any such appointment on the ground that the arbitrator is a Government Servant or that he has to deal with the matter to which the agreement relates or that in the course of his duties as a Government Servant he has expressed his views on all or any of the matters in dispute.

The award of the arbitrator shall be final and binding on both the parties to the agreement. In the event of such an arbitrator to whom the matter is originally referred, being transferred or vacating his office or being unable to act for any reason whatsoever, the PGM, BSNL or the said officer shall appoint another person to act as an arbitrator in accordance with terms of the agreement and the person so appointed shall be entitled to proceed from the stage at which it was left out by his predecessors.

16.2 The arbitrator may from time to time with the consent of both the parties enlarge the

time frame for making and publishing the award. Subject to the aforesaid, Arbitration and Conciliation Act, 1996 and the rules made there under, any modification thereof for the time being in force shall be deemed to apply to the arbitration proceeding under this clause.

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16.3 The venue of the arbitration proceeding shall be the office of the PGM, Ahmedabad

Telecom District ,Ahmedabad or such other places as the arbitrator may decide. 17. Any notice requiring to be served upon the Contractor under any provisions here shall be

deemed sufficient, if addressed to their usual or last known address and it shall be responsibility of the contractor to keep the office properly informed of any change of his address.

18. In witness where of the parties to this agreement have there in set their respective hands and seals this day and first above written

ANNEXURE Sr.No. Description /specification of items (s) Rates /conditions

1.

2.

3.

4.

5.

TENDER NO- RATES:

1. Rate per Image for printing on A4 size ,80 GSM Multi colour pre-printed stationery including cost of pre printed stationery, delivery at one or more delivery spots duly sorted, collated, folded, stapled and packed

2 Rate per Image for additional sheets A4 size, min. 70 GSM for STD/ ISD details printed in single colour on both side bills duly sorted, collated, folded, stapled and packed with Main bill

RRC PERIOD: (One YEAR ) Terms & Conditions: Performance Security Deposit

ATD/MM/T-1733/16-17(FOR PRINTING OF BILLS IN ATD )

Signed sealed & Delivered by the

above named Contractor in the presence of.

Witness: 1. 2. Signed & Delivered for and on behalf

of BSNL Witness: 1.

2.

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SECTION -8 AGENCY DETAILS & QUESTIONNAIRE

(Including performance records, financial viability etc.)

Name and Postal Address of the Bidder

Registered Address of Bidder

Status of the Bidder (i) Proprietorship concern (ii) Partnership firm (iii) HUF (iv) Limited Company

Name of person or authorized signatory for submitting the tender, other documents and empowered for correspondence with BSNL

Bid Security Particulars

DD No. ……………………………………..

Amount: …………………….

Name of Bank…………………………………

Branch ………..

Sale Tax registration particulars

PAN Card particulars

Telephone numbers (with STD Code) of authorized signatory

Office: Residence: Fax:

Mobile: E-mail:

Name(s) of Proprietor/ all Partners / all Directors

Signature of the Bidder/Authorised Representative

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Sr.No Description

Submitted YES/NO

Remarks if Compliance is No

1 Experience for two organization for one year at least for one laces images per month with variable data

2 The technology offered :

a. Inkjet. b. Laser c. Electro photography Technology d. Any other.

3 Offering automated operations?

4 Whether printer output is

a) Minimum 300 X 300 dpl. b) Duplex printing with 100 % resolution with block

& colour. c) Technology = IDPS// POST SCRIPT.

5 Bar coding facility available?

6 Signature facility available?

7 Logo printing available?

8 Printing static data in Indian languages including Gujarati /Hindi available.

9 Post print mechanism has facility to enclose news letters to selected/targeted subscribers

10 Facility to scan/edit/reduce/enlarge.

11 Provision for including Advertisement available

12 Full proof and transparent arrangement exists for

reading counters for measurement of number of Images (give brief description of the arrangement). a) Is counter initialization possible without the knowledge of purchaser?

13 Choice of 10 colours /16 shades available..

14 Stationary used is 80 GSM.

15 Printing on A4 size paper available.

16 Printing Pin code wise or any order is possible.

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17 Capacity to include optional messages To selected Subscribers.

18 Capacity to develop prints images of short notice.

19 Capability to include optional Messages to selected Subscriber

20 Capacity to adhere to print-window Timings .Even if Single billing date is fixed.

21 Is the printing site at Ahmedabad?

22 Technical support of maintenance Available?

23 Standby arrangement up to 100 % capacity available

24 Willing to start work within 3 months From date of Accepting the tender.

25 Whether all pages are numbered & signed.

26 Whether the tenders are properly Sealed?

27 Whether the signatory is authorized to Sign?

28 Whether corrections are properly attested?

29 Whether any ambiguous conditions noted on price quoted?

30 Whether sample of paper to be use is enclosed

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SECTION – 9 (Part-A)

Financial Bid

BID FORM To From: ASSTT.GENERAL MANAGER (MM), __________________________ AHMEDABAD TELECOM DISTRICT, __________________________ 10 th Floor, TELEPHONE BHAVAN, __________________________ C.G.Road, NAVARANGPURA. __________________________ AHMEDABAD. Ref: Tender No. …………………………………dated ………………… 1. Having examined the above mentioned tender enquiry document including

amendment/ clarification/ addenda Nos. ...................... dated …………….. ……………the receipt of which is hereby duly acknowledged, we, the undersigned, offer to supply and deliver .............................................. in conformity with the said drawings, conditions of contract and specifications for the sum shown in the schedule of prices attached herewith and made part of the financial Bid.

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

3. We agree to abide by this Bid for a period of 150 days from the date fixed for Bid opening or for subsequently extended period, if any, agreed to by us. This bid shall remain binding upon us up to the aforesaid period.

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

5. If our Bid is accepted, we will provide you with a performance guarantee from a Scheduled Bank/ Nationalize Bank for a sum @ 5% of the contract value for the due performance of the contract.

6. If our Bid is accepted, we undertake to complete delivery of all the items and perform all the services specified in the contract.

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

Dated this .............................. day of ........................ 2017

Signature …………………………. Witness Name …………………………….. Signature…………………………. In the capacity of ……………………… Name …………………………….. Duly authorized to sign the bid for and Address................................... On behalf of ........................................

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CHECK LIST FOR THE BIDDERS Please ensure that all documents are fully authenticated by the Authorized Signatory with his signature with official seal. Offer is liable to be rejected, if enclosed documents are not authenticated. Documents forming part of the bid: - Sr. No

Documents to compulsory submitted offline and Copy to be uploader in Etender portal

Compliance Yes / No

1 Tender Fee Rs. 500/- YES / NO

2 Bid Security paid vide DD or Cash or Bank Guarantee Rs.54,024/-

3 Power of Attorney attested by Notary Public or Registered with Sub Registrar in favour of the signatory signing the offer and documents as per Clause no. 14.3 of Section-4 Part A

4 Latest and valid MSME or NSIC Certificate duly certified by MSE or NSIC if applicable

5 Sample of paper to be used or prior bills issued

Sr.No Documents to submitted online in E-tender portal Submitted YES/NO

1 Registration Certificates of Firm 2 Certificates of experience with at least two organization of printing

of one laces variable data impression per month for a period of one year.

3 Proprietorship or Partnership Deed or Articles/Memorandum of Association as the case may be. In case of proprietorship firms an affidavit of that effect should be submitted along with the bid.

4 Sales Tax Registration or Service tax Registration 5 List of important customers with documentary proof 6 Literature of the machine proposed to be used indicting printing

Speed, technology to be used & nos of machine required to meet Specified window time.

7 Proposed plan for standby or alternate arrangement to meet any Eventuality in case services cannot be tendered within the schedule Submitted?

8 Copy of PAN card 9 Agency Details 10 Letter of Authorisation to attend Bid opening event 11 Under taking and Declaration as per Section-6 (Part A) 12 Declaration Regarding No Relative Working In BSNL as per Section

- 6 (Part B)

13 All pages of the tender documents must be signed with stamp by authorized signatory before submission.

14 Copy of Bid Form in Section-9 Part A 15 Any other supporting documents asked for in bid document Note: The Bidder should ensure to submit all the above documents along with Technical Bid

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SECTION – 9 (PART-B)

FINANCIAL BID

Price Schedule

Tender for Heavy duty printing solution for printing of consumers bill Bills (Landline / CDMA / GSM) in Ahmedabad Telecom District (T-1733/16-17) I / We quote rates with reference to above mentioned Tender Notice No. ATD/MM /T-1733/16-17

Sr. No.

(a)

ITEMS

(b)

Image Qty per

Year (Approx)

(c)

* RATE PER IMAGE Total Cost

In Figure

(d)

In Words

(e) = (c) X (d)

1. Rate per Image for printing on A4 size ,80 GSM Multi colour pre-printed stationery including cost of preprinted stationery, delivery at one or more delivery spots duly sorted, collated, folded, stapled and packed

27,97,200

2. Rate per Image for additional sheets A4 size, min. 70 GSM for STD/ ISD details printed in single colour on both side bills duly sorted, collated, folded, stapled and packed with Main bill

14,02,800

Total Cost In Figure.

In words

* Total composite price inclusive of all Levies & Taxes i.e. Sales Tax & Excise, packing,

forwarding, freight and insurance etc but excluding Octroi/ Entry Tax, Service tax which will be paid extra as applicable.

Rates quoted are firm and valid during contract period. I agree to all the clauses and terms and conditions laid down in this tender /bid document.

Signature of Bidder