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BHARAT SANCHAR NIGAM LIMITED

(A Government of India Enterprise)


O/o The General Manager,Mobile Services
Kerala Telecom Circle,TVM -695001
( Telephone 0471 2576200 FAX 0471 2466994 )

No.IMPCS/PLG/Tender -035/RF Optimisation/2007-08/4 dated at TVM the 02-05-2008.

RF Optimisation of GSM Network based on defined


bench marks in Kerala Telecom Circle
TENDER DOCUMENT
SECTION I
NOTICE INVITING TENDER

Sealed tenders are invited by the GENERAL MANAGER (MS), Thiruvananthapuram-1


for and on behalf of CMD, BSNL, from reputed and experienced contractors for ‘RF
Optimisation of GSM Network based on defined bench marks in Kerala Telecom Circle’.
The Tender document along with details, specifications, terms and conditions can be
obtained from SDE (NP-II), O/o GENERAL MANAGER (MS), LUKES LANE,
PULIMOODU, Thiruvananthapuram-01, during office hours on all working days from
02-05-2008 to 23-05-2008 on payment of Rs. 1125 /- (Rupees One Thousand One hundred
and Twenty Five only) (including 12.5% VAT) in person to AO (Cash), O/o GM (MS),
TVM-1 or Rs.1200/- ( Rupees One thousand and Two hundred only) by Registered Post,
which is non-refundable, to be submitted in the form of crossed Demand Draft/Bankers Pay
Order, drawn on any nationalized bank /Scheduled Bank in favour of Accounts
Officer(Cash),O/o the General Manager, MS , Thiruvananthapuram-695001 payable at
Thiruvananthapuram. Date of issue of Demand Draft / Banker's Pay Order shall be date on or
after the date of issue of this tender notification. Intending bidders may download the copy of
the tender document from BSNL website www.keralatelecom.com .The payment of Rs.
1125/- (Rupees One Thousand One hundred and twenty Five only) non-refundable as cost
of the tender document is required to be submitted before submission of bid/along with the
bid. The payment will be accepted in the form of Account payee demand draft, drawn on any
scheduled bank in Thiruvananthapuram, in favour of Accounts Officer (Cash), O/o General
Manager (MS), Thiruvananthapuram-1. The bid will not be accepted without the cost of
the tender document.
The required EMD/ Bid Security is 1,10,000/- (Rupees One Lakh and Ten
Thousand only) Completed tenders shall reach this office before 1430 hrs. on 23-05 -2008
and will be opened at 15.00 hrs. on the same day. GM (MS), TVM-1 reserves the right to
cancel or postpone the tender without assigning any reason.

Asst.General Manager (OP)


For GENERAL MANAGER (MS),
THIRUVANANTHAPURAM-695001

Signature of the Bidder Page 1 of 40


BHARAT SANCHAR NIGAM LIMITED
(A Government of India Enterprise)
O/o The General Manager,Mobile Services
Kerala Telecom Circle,TVM -695001
(Telephone 0471 2576200 FAX 0471 2466994)

No.IMPCS/PLG/Tender -035/RF Optimisation/2007-08/4dated at TVM-1 the 02-5-2008


SECTION II

INSTRUCTION TO BIDDERS

BRIEF DESCRIPTION OF WORK

2.1 Scope of Work

2.1.1. The scope of work envisaged to be carried out through this tender is the following.
(i) Supply, Installation and commissioning of Advanced Optimization and Post
Processing platform (which meets the specifications and conditions in
SECTION- V )
(ii) Optimisation of the BSNL’s GSM Radio network in 5 major cities in order to
achieve stipulated improvements in KPI’s as mentioned in SECTION- V
Clause 5.2.6 or 10 % improvement in existing KPI Values (Example :
Calldrop rate of 2% to be improved to 1.8%, CSSR of 95% to be improved to
95.5%) at the time of placement of purchase order, whichever is better by
optimizing the network with the help of the supplied Advanced Optimization
Platform for the area defined in Section-II Clause 2.4 and there after
maintenance of these KPIs for a further period as stipulated in time schedule
after the initia l achievement of KPIs.
(iii) Drive Testing of Routes given by BSNL (Refer to SECTION- V Clause 5.3)
(iv) Benchmarking of BSNL Kerala GSM Network in specific areas or routes.
Given by BSNL (Refer to SECTION- V Clause 5.4)
2.2 PROJECT PLAN
Vendor shall submit the project plan to meet the timelines detailing the various processes
that would be adopted during the course to effectively complete the project. The training
plan on tools, resources that will be deployed, forms that would be used for
communication of problem reports, change requests and approvals etc would be
submitted.
2.3. ELIGIBILITY
2.3.1 Company should be registered in India for planning survey and optimization of RF
network. The bidder shall be responsible for all tender conditions.
2.3.2 The bidder must possess experience of at least TWO YEARS for successful
execution of above or similar Job. Certificate in this regards must be submitted along

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with the bid. The Advance Optimisation Tool quoted should have been deployed at
least in 5 networks worldwide and the details should be part of the submission.
2.3.3 The Annual Turn Over of the firm should be at least Rs. TWO crores or above in last
financial year. A certificate from a registered Chartered Accountant or Audited copy
of Annual Report is to be submitte d along with bids. Bids without due certificate shall
be liable for rejection.
2.3.4 The company should have valid registration certificate for engagement of skilled
/unskilled labour with the department of Labour Commissioner.
2.3.5 The prospective bidder should have valid service/trade tax registration with
government.
2.4. LOCATION OF SITES WHERE THE WORKS ARE TO BE DONE
Number of
Sl No Name of the City Sites No of clusters

1 ERNAKULAM 92 6

25
2 KANNUR 2

3 KOTTAYAM 31 2

4 TRISSUR 42 3

5 THIRUVANANTHAPURAM 88 6

2.5. TIME ALLOTTED FOR THE WORK


2.5.1 Supply, Installation and Commissioning of the Advanced Post Processing Platform
should be completed within FOUR weeks of award of work.
2.5.2 The QoS and performance of the network should be analysed from OMC-R/OSS
reports and the KPIs to be achieved should be frozen with the approval of Divisional
Engineer (Radio Planning), Ernakulam within THREE weeks of placement of PO.
The project plan will also be submitted within this time frame.
2.5.3 Simultaneously, the work of conducting pre-optimization drive tests of all existing
sites within the BTS clusters in cites ordered for optimisation within SIX weeks of
award of work order. This should result in submission of identified issues in the
network, clear plans for carrying out changes in soft and hard parameters in the
network and any other optimisations required to achieve the desired end results of
meeting the targeted KPIs.
2.5.4 The tenderer should start the optimization work to achieve targeted KPIs, cluster wise,
as mentioned above, immediately after approval from BSNL. This activity should be
completed within TWELVE weeks after the issuance of PO.
2.5.5 After achieving KPI for the 5 city clusters as defined in para 2.4 of Section II, the
tenderer will maintain the KPI on the same level or improve over the targeted KPI’s
till for a further period of TWELVE WEEKS after the initial achievement of KPIs.

Signature of the Bidder Page 3 of 40


2.5.6 During the contract period if KPI of any BTS or cluster deteriorates the successful
bidder should take prompt action to maintain the KPI and an action taken report is to
be submitted to Point of Contact (BSNL) within 48 hrs.
2.5.7 It is to be ensured that modifications of RF parameters, including Frequency planning
or any other parameters necessary to meet the targeted KPIs and which does not
include any field activities, should be implemented through OMC-R. The tenderer
will associate and assist in the modification. The existing general frequency plan
strategy is to be retained. However if any changes are needed in the network for
specific sites, the same can be changed by the vendor in consultation with BSNL.
2.5.8 Modifications involving any type of field activity should be implemented after getting
approval for the same, for the all existing sites.
2.5.9 Vendor shall provide a Weekly Report on every Monday to the DE(RP),EKM or the
Point Of Contact (PoC) concerned, indicating the optimization work and
improvement on KPI’s including but not limited to CSSR, Drop Call Rate , LAC
Update Failure , RX Qual/SQI percentages, Interference values, LAPD
Congestion & TCH Congestion , done/achieved during the previous week. Vendor
shall adequately take into account of bordering sites of area under optimisation so that
activity undertaken does not adversely affect them.
2.6 POST OPTIMIZATION REPORTS
2.6.1 After optimization vendor shall process and provide the following data on all the
KPIs achieved to all the PoCs and DE(RP),Ernakulam. The reports taken on post
processing tools will be part of the submission. Comparative analysis will be provided
with pre and post optimisation KPI value s in absolute terms as well as on percentage
terms.
2.6.2 The results will be presented on sector wise, cluster wise and city wise. The target
KPIs should be met in at least 95% of the sectors in each city. KPIs should be
achieved in all clusters/cities
2.6.3 The stat istics from OSS/OMC-R for the busy hours of Monday-Friday (five
days) in the last week of the initial phase of optimisation for 12 weeks period
only shall be used to arrive at the submitted reports, calculated on an average
basis.
2.6.4 The successful bidder wi ll submit weekly reports based on OSS and advanced
optimisation tool and monthly reports based on the drive tests during the post
initial optimisation period during which the KPIs are to be maintained.
2.7 DRIVE TEST RESULTS
The drive logs of routes ordered for drive test by BSNL will be made over to PoC or
DE(RP),Ernakulam. A summary report on KPIs will be required against the routes with
highlights on issues and suggestions for improvement.
2.8 BENCH MARKING RESULTS
2.8.1 The results of bench marking for routes indicated by BSNL will be made over to PoC
and DE(RP),Ernakulam with the following details
2.8.2 Drive logs of all the networks
2.8.3 Comparative statistics on all KPIs of Coverage, Quality and capacity taken using
powerful post processing tools.

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2.8.4 Ranking of various networks on each of such KPIs
2.8.5 Areas of concern for BSNL network and suggestions to improve them
2.8.6 Suggestion on new site should accompany with lat/long of location suggested and
projected improvement with the same.
2.9. Database changes
2.9.1 Vendor shall give suggestions in a prescribed format and BSNL OMC-R team will
carry out all the necessary changes on the system after proper scrutiny & evaluation.
2.9.2 Vendors should bring their own laptops .Terminals used by BSNL staff will not be
shared.
2.9.3 All The Required OSS & OMC-R Reports will be provided by BSNL staff upon
request.

2.10 . SUBMISSION OF TENDERS


2.10.1 The two envelopes with clear marking of ‘Technical Bid’ and ‘Financial
Bid’ are to be placed inside in an ‘Outer Envelope’ and properly sealed (sealed with
WAX or with adhesive tape). The Bids received in covers not properly sealed (sealed
with WAX or with adhesive tape) shall not be opened or considered.
2.10.2 The full name and address of the Bidder should be written on the bottom left corner of
each of the envelope i.e., Technical Bid, Financial Bid and on Outer Envelope.
2.10.3 Tenders shall be submitted to AGM (OP) O/o GENERAL MANAGER (MS),
THIRUVANANTHAPURAM-1 in the prescribed form, placed in sealed covers
superscribed 'Tender for RF Optimisation of GSM Network based on defined bench
marks in Kerala Telecom Circle ' up to 1430hrs. on 23-05-2008. If it happens to be a
holiday tenders will be received up to 14:30 hrs.on the next working day. The Address
given merely as post box number will not be entertained.
2.10.4 Tenders received in covers not sealed will not be opened or considered. Such tender
document shall become the property of BSNL and shall be opened only on the succeeding
working days of the date of opening of tenders and that too after getting written request
from the tenderer for getting back the EMD submitted along with the tender.
2.10.5 Tender if sent by post, must be in double cover. The inner cover also must be sealed
and superscribed.
2.10.6 The Officer calling the tender reserves the right to postpone the date of receiving the
tender or opening the tender or to cancel the tender notice with reasons in writing. Any
request from any tenderer to postpone the date of receiving the tender or opening the
tender due to any reason shall not be considered.
2.10.7 The Officer calling the tender is not bound to accept the lowest tender and reserves
the right to reject any or all tenders without assigning any reason whatsoever.
2.10.8 The Officer calling the tender reserves the right to disqualify such bidders who have
a record of not meeting the contract obligations against earlier contracts entered in to with
the Officer calling the tender or with the Department
2.10.9 Tenders will be accepted and contracts will be finalized only with those of the
tenderer s (bidders) who in the opinion of the DGM (NP), O/o GENERAL
MANAGER(MS),TVM-1 are having capacity and resources to execute the work
assigned in the prescribed time.
2.10 .10 The tenderer (bidder) shall affix his signature on each and every page of the
tender document and return it along with his tender offer as a token of his acceptance of

Signature of the Bidder Page 5 of 40


each condition. If the tender is not duly signed, or is deficient or is incomplete in any of
the requisite matters or particulars or formalities it will be rejected summarily. The tender
shall contain the name, residence and place of business and shall be signed by the
tenderer with usual signature. The address given merely as Post Box number shall not be
entertained.

2.10 .11 The tenderer shall not have any right to modify the conditions or specifications
contained in the tender document at any occasion. Any tender submitted with conditions
other than specified in the tender document will be summarily rejected. Any tender
submitted with adjustable price quotations shall also be summarily rejected.

2.10..12 No tender will be received in person except those received by Post / Courier
by The Officer calling the tender or any other staff working with him, instead the same
shall be deposited in the tender Box provided in the office..
2.10 .13 The slit of the tender box will be sealed immediately after the specified time as
per the timings of the office clock. Any tender presented in person after the tender box is
sealed will not be received.

2.10 .14 Tenders received late by Post / Courier service will not be opened or
considered. Such late tenders will be opened only when a request is made by the tenderer
for return of any Demand Draft / Banker's Pay Order enclosed as EMD. In such cases
only Demand Draft / Banker's Pay Order will be returned and the rest of the documents
will be retained by the BSNL.

2.10 .15 The bidder should give a certificate ( format given in Section VIII) that none
of his/her relative is working in the BSNL unit of Kerala Telecom Circle 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 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 State. Due to any breach of these
conditions by the company or firm or any other person the tender will be cancelled and
bid security will be forfeited at any stage whenever it is noticed and BSNL will not pay
any damage to the company or firm or the concerned person.
The near relatives of all BSNL Employees either directly recruited or on deputation
are prohibited from participation in tenders and execution of works in the different units
of BSNL. The near relatives for the purpose are defined as:-

(i) Members of a Hindu Undivided family

(ii) They are husband and wife

(iii) The one is related to other in the manner as father, mother, son(s) & son’s
wife(daughter- in- law), Daughter(s ) &daughter’s husband (son- in- law),
brother(s) & brother’s wife, sister(s) & sister’s husband (brother-in-law)..
2.11. DOCUMENTS TO BE SUBMITTED ALONG WITH TENDER SCHEDULE
2.11.1 One copy of the complete set of tender document duly filled in and signed on
each page and also at every correction / overwriting by the tenderer.

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2.11.2 The Bid is to be submitted in wax sealed envelope or sealed with adhesive tape as
per details given below:
2.11.3 The 1st Envelope is marked with “Technical Bid ” and contains the following items:
(i) EMD in the form of a Demand Draft/Banker’s Pay order/Bank Guarantee
(ii) Complete Bid Document (With signature & seal of the Bidder on each page)
as a token of understanding and acceptance of each terms contained there-in.
(iii) Clause by clause compliance of the bid conditions in prescribed format for the
clauses, defined in various Sections of the bid document – duly signed by
bidder or his/her authorized representative
(iv) The detailed product descriptions clearly establishing the conformance to the
tender requirements.
(v) Self Attested Copies of Partnership deed, in case of partnership firm.
(vi) Original power of attorney in case person other than the Bidder signs the Bid
document.
(vii) Requisite experience certificates as per eligibility criteria(Format is given in
Section XI)
(viii) Income Tax clearance certificate for the past two years.
(ix) Affidavit having not been debarred/ disqualified from doing any sort of works
in Government/ Government under takings during the last 5 years.
(x) A proof regarding current NSIC registration, for the tendered items wherever
applicable.
(xi) A copy of PAN certificate

2.11.4 The Second Envelope marked with “Financial Bid ” and containing the Price
Schedule as per format given in Annexure -1.

2.12 . EMD/BID SECURITY & SD / PERFORMANCE SECURITY:

a) EMD / Bid security shall be submitted in the form of Crossed Demand Draft /
Banker's Pay Order, drawn on any Nationalized Bank / Scheduled Bank in favour of
Accounts Officer (Cash), O/o The General Manager (MS), Thiruvananthapuram-695
001 or in the form of a Bank Guarantee in the form provided in the Bid Documents
in Section IX PART-A issued by a scheduled bank in favour of the Contractor/firm
valid for a period of 180 days from the date of Tender opening. EMD in cash or in
any other form will not be accepted. Date of issue of Demand Draft / Banker's Pay
Order shall be the date on or after the date of issue of this tender notification. The bid
security is required to protect the purchaser against the risk of bidder’s conduct, which
would warrant the forfeiture of bid security pursuant to P ara 2.12 (f).
b) Bidders (Small Scale units) who are registered with National Small Scale Industries
Corporation UNDER SINGLE POINT REGISTRATION SCHEME are exempted
from payment of bid security up to the amount equal to their monetary limit or 50
lakhs whichever is lower.
(i) A proof regarding current registration with NSIC for the TENDERED IT EMS
will have to be attached along with the bid

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(ii) The enlistment certificate issued by NSIC will not be permanent and should be
renewed within two years of its presentation.
(iii) The unit claiming concession of NSIC is required to submit its monthly
turnover in support of its claim for meeting the delivery schedule.
c) If a vender registered with NSIC under single point registration scheme claiming
concessional benefits is awarded work by BSNL and subsequently fails to obey
any of the contractual obligation, he will be debarred from any further work
/contract by BSNL for one year from the date of issue of such order
d) A bid not secured in accordance with para 2.12 (a) shall be rejected by the
Purchaser being non-responsive at the bid opening stage.
e) EMD of unsuccessful tenderers will be discharged/refunded as promptly as possible
but not later than 30 days after the expiry of the period of the bid validity prescribed
by the purchaser pursuant to clause 2.17.

f) The bid security may be forfeited:


(i) If the bidder withdraws his bid during the period of bid validity
specified by the bidder in the bid form or
(ii) In the case of successful bidder, if the bidder fails:
· to sign the contract in accordance with clause 2.19 or
· to furnish performance security in accordance with clause 2.12(g).
In both the above cases, the bidder will not be eligible to participate in the tender for
same item for one year from the date of agreement.

g) The EMD of the successful tenderer will be converted as security deposit. The
successful contractor shall deposit an additional sum at the time of executing the
contract agreement, which along with the EMD submitted in the tender will make
the initial deposit equal to 5% (Five percent) of the accepted tender cost as
performance security if it is submitted in the form of crossed demand draft. The
security deposit will not bear any interest for any period whatsoever and will be
discharged af ter completion of the supplier’s performance including any warranty
obligations under the contract.
If the security deposit is in the form of Performance Security Bond, it should
be in the form of a Bank Guarantee issued by a Scheduled Bank and in the form
provided in the Bid Documents in Section IX PART-B. Performance security Bond
will be discharged by the Purchaser after completion of the supplier’s performance
obligations including any warranty obligations under the contract and initially it
should be valid for a period of two year.
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 (accepted tender cost) within 14 days
from the date of issue of intimation letter of acceptance of the tender rate by the
purchaser.
h) But if any additional work order is placed, additional SD will have to be deposited so
that at any time 5% of the value of cumulative order is available with the BSNL as
Security Deposit. This amount will be recovered from the running accounts bills due
for payment.

i) The SD will be treated as Performance Security,

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j) The proceeds of the performance security shall be payable to BSNL as compensation
for any loss resulting from the contractor’s failure to complete its obligations under
the Contract. BSNL reserves the right to encash any bank guarantee against any work
order given by the same contractor
k) The EMD/ SD will not bear any interest
l) The security deposit will be refunded after the date of settlement of final bill and after
the completion of the contractor’s performance obligations, including any warranty
obligations, under the contract.

2.13 . TENDER SCHEDULE / QUOTATION:


a) The tenderer will quote the rate in English and for individual items in figures
as well as in words. If any discrepancy in value between rates entered in words and in
figures is noticed, the rate quoted in words only will be treated as valid.

b) All corrections, additions and alterations in the entries and Tender papers will
be signed in full by the Tenderer with date. No errors, over-writing shall be
permissible unless attested under the signature of the Tenderer with date.

c) The tender shall contain the name, residence and places of business of person/
persons making the tender and shall be signed by the Tenderer with his usual
signature. Partnership firms shall furnish the full name and address of all partners or
by a duly authorized representative followed by the name and designation of the
person signing. In case, authorized representative signs it, a duly certified copy of the
power of attorney in that behalf shall accompany the tender. In case of the
partnership firm attested true copy of the partnership deed must be submitted
along with the tender.

d) The tenderer for a person holding power of Attorney authorizing him to sign
on behalf of the Tenderer before submission of the tender has to put his signature in
full at the bottom right hand corner of all the pages of the Tender document and
wherever required in the Tender Papers. All signatures in the tender document shall
be dated.

2.14 . REJECTION OF TENDERS:


The officer inviting tenders shall reserve the right to refuse:

a. Consideration of any tender not supported by the requisite Earnest Money


Deposit/ Bid Security in the manner provided therein.

b. Consideration of any tender deficient or incomplete in any of the requisite


matters, particulars on formalities or for any reason which shall not be
disclosed to the Tenderer(s).

c. Consideration of any tender/ offer which changes the terms and conditions (other
than those envisaged in the tender document sold), altered constructions,
specifications or time limits set.
d. Any or all the tenders received without assigning any reason thereof and will not
be bound to accept the lowest tender.
e. Tenders not followed with the required documents in 2.11.

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2.15 TENDER OPENING
(a) The re will be two stage bidding process . Technical bid and Financial bid.
Technical bids will be opened first at I500 hrs. on 23-05-2008 by the AGM (OP),
O/o GENERAL MANAGER(MS), Thiruvananthapuram-1 or the officers authorized
by him, in the presence of available tenderers and bidders who are found eligible in
technical bid evaluation shall be considered for opening of their financial bids. The date
and time for opening of financial bid shall be communicated to all those bidders who are
found eligible in technical bid evaluation. If it happens to be a holiday, tenders will be
opened at 1500 hrs on the next working day, time and venue remaining unaltered. The
number of representatives allowed to be present at the venue of the tender opening shall
be restricte d to a maximum of TWO per Tenderer. 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 X).

(b) The bidder’s names, Bid prices and such other details as the purchaser, at its
discretion, may consider appropriate will be announced at the time of opening.

2.16 TENDER EVALUATION


The tender will be evaluated on the basis of the total cost of all the items taken
together as per ANNEXURE-1,of the technically and financially responsive and
eligible bids.

2.17 PERIOD OF VALIDITY OF BIDS

Bid shall remain valid for 150 days from the date of opening of bids prescribed by the
purchaser pursuant to clause 2.15(a). A bid valid for a shorter period shall be
rejected by the purchaser being non-responsive. The tenderer shall not be entitled
to revoke or cancel his tender during this bid validity period. In exceptional
circumstances, the purchaser may request the consent of the bidder for an extension to
the period of bid validity. The request and the response thereto shall be made in
writing. The bid security provided under clause 2.12 shall also be suitably extended.
The 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.

2.18 ADVANCE PURCHASE ORDER (APO)


2.18 .1 The successful Bidder shall be issued Advance Purchase Order (APO). The successful
bidder shall have to give his unconditional acceptance with in 14 days of issue of
APO along with Security deposit.
2.18.2 After submission of above documents, BSNL will enter in to contract agreement with
the Bidder as per Section VII.
2.18.3 If he fails to comply, all provisions of APO with in 14 days as per above-mentioned
guidelines, BSNL shall withdraw the APO and shall be entitled to forfeit his EMD/
Bid Security money.

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2.19 SIGNING OF CONTRACT AGREEMENT:
The successful firm/contractor has to enter into an agreement in the format given in
Section VII with the GM (MS), Thiruvananthapuram-1 or the officers authorized
representative, in non-judicial stamp paper value of Rs.100/- (Rupees One hundred
only) at his cost setting forth the tender condition etc., within 14 days from the date
of intimation of the acceptance of his tender failing which the acceptance of tender
will be revoked and EMD/ Bid Security forfeited to BSNL.

2.20 PERIOD OF VALIDITY OF TENDER:


2.20 .1 The rates quoted should be firm and valid for a period of ONE YEAR from the date
of entering into agreement. If both BSNL and the contractor/ firm agree, the period
can be extended for a period of ONE MORE YEAR.
2.20.2 The number of sites estimated is approximate and liable for variation. The quantities
indicated in the Tender Schedule/ Notice Inviting Tender shall not be considered as
representing firm/ final quantities. The BSNL, in exceptional cases, reserves the
right to reduce the number of sites to be ordered under this tender and in that event,
no claim, whatsoever, for any damages, loss or compensation on any account shall
be entertained by the BSNL.

2.21 WORK ORDER


The tenderer is bound to honor the work that may be placed based on the terms and
conditions of this tender by the Divisional Engineer (RP), Ernakulam under GM,
IMPCS, Thiruvananthapuram and any other authorized representative of BSNL as
decided by GM(MS)/ Deputy General Manager (NP), O/o GM(MS), TVM-1..
2.22 ADDITIONAL ORDER:
(a) BSNL shall have the right to increase or decrease up to 25% of the number of sites
and service specified in the schedule of requirements without any change in the unit
rate or other terms and conditions at the time of award of contract.
(b) In exceptional situation where the requirement is of an emergent nature and it is
necessary to ensure continued works from the existing vendors, BSNL reserves the
right to place repeat order up to 50% of the quantities of sites and services contained
in the running tender/contract within the period of validity of tender pursuant to
clause 2.14, at the tender rate approved or the rate negotiated (downwardly) with the
existing venders considering the reasonability of the rates based on prevailing
market conditions.
2.23 QUOTATION :
The bidder shall give the total Composite price inclusive of all Levies & Taxes i.e.
sales tax, excise duty packing, forwarding, freight and insurance charges etc. but
exclusive of octroi/entry tax . Local taxes like octroi & entry tax vary from State to
State and consignee to consignee and the same shall be reimbursable on actual
basis (wherever applicable) on presentation of documentary proof at the time of
raising invoices by the bidder. The basic unit price and all other components of the

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price need to be individually indicated against the goods proposed to be supplied
under the contract as per price schedule. Prices of incidental services should also be
quoted. The offer shall be firm in Indian Rupees. No foreign exchange shall be
made available by the purchaser.
Prices indicated in the Price Schedule shall be entered in the following manner:

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

(b) The supplier shall quote as per price schedule given in section VII for all
the items given in schedule of requirement

2.23.1 (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) Prices will be fixed at the time of issue of purchase order as per taxes and
statutory duties applicable at that time.
(b) In case of reduction of taxes and other statutory duties during the scheduled
delivery period ,purchaser will take the benefit of decrease in these taxes/duties
for the supplies made from the date of enactment of revised duties / taxes.
(c) In case of increase in duties/taxes during the scheduled delivery period , the
purchaser shall revise the prices as per new duties/taxes for the supplies, to be
made during the remaining delivery period as per the terms and conditions of
the purchase order.
(iii) Any increase in taxes and others statutory duties/ levies after the expiry of
scheduled delivery date shall be to the suppliers account. However benefit of
any decrease in these taxes/duties shall be passed on to the purchaser by the
supplier.
.
2.24 CLARIFCATION OF BID DOCUMENTS
A prospective bidder, requiring any clarification on Bid documents shall notify the
purchaser in writing or by FAX at the purchaser’s mailing address indicated in the
invitation of bid. The purchaser shall respond in writing to any request for the
clarification of the bid documents, which it receives not later than 15 days prior to
the date of opening of the tenders. Copies of the query (without identifying the
source) and clarification by the purchaser shall be sent to all the prospective bidders
who have received the bid documents. Any clarification issued by BSNL in
response to query raised by the prospective bidders shall form an integral part of bid
documents and it may amount to an amendment of relevant clauses of the bid
documents
2.25 PAYMENT TERMS

Payment shall be released after successful execution of work phase wise as mentioned below.

2.25.1 50% of the approved cost for the Advanced Optimization Platform shall be made after
the successful commissioning including demonst ration of required features of the tool
specified in Section –V .For claiming the payment the following documents are to be
submitted to the paying authority.

Signature of the Bidder Page 12 of 40


(i) Invoice
(ii) Delivery Chellan
(iii) Supplier Certificate for dispatch
(iv) Excise gate pass/ invoice or equivalent document
(v) Proof of payment of octroi/ entry tax if any
(vi) Clear RR/ Goods receipt
(vii) Certificate from the consignee that the items have been received,
installed and commissioned satisfactorily and also Acceptance testing of
all items to ensure the correctness of specification offered by vendor.
2.25.2 The balance amount to make 70% of the total approved cost (inclusive of
Optimisation tool cost, Optimisation cost, drive testing cost and bench marking cost)
for all Clusters shall be made after achieving targeted KPIs in the cities. The
payments for drive testing and benchmarking of completed orders (routes made over)
would be considered for payment against this milestone. The bill duly certified and
counter signed by the Divisional Engineer who has issued the work order along with
satisfactory performance certificate from the concerned Divisional Engineer.
2.25.3 20% of the total amount shall be paid after the successful completion of all
components of the project and after the receipt of all required reports detailed in
Sectio n-V. The bill duly certified and counter signed by the Divisional Engineer who
has issued the work order along with satisfactory performance certificate and
Completion Certificate from the concerned Divisional Engineer .
2.25.4 The final 10% will done after 3 months of completion of the project along with
satisfactory performance certificate from the concerned Divisional Engineer.
2.25.5 No additional payment shall be made to the vendor for the tendered work in case of
change in number of sites is up to 10% of the total sites as per Clause 2.4
of Section II
2.25.6 If service is utilized for additional sites during the contract period exceeding 10% of
sites as per Clause 2.4 of Section II, the payment will be done for additional sites on
pro-rata basis.
2.25.7 Form C and also a certificate stating that the tendered items (stores) are meant for
the use of BSNL , shall be provided by the purchaser on the request of the bidder
as and when asked for.

Issued to: M/s……….. ….

……………
Received Rs.1,125/- (Rupees One thousand one hundred and twenty five only) towards the
cost of the tender document as per the details given below:

No. and date of the DD :

Name of the bank & branch :

SDE/JTO

Signature of the Bidder Page 13 of 40


SECTION III

CONDITIONS OF CONTRACT
3.1 DEFINITIONS
The contract means the document forming the tender and acceptance thereof and the
formal agreement executed between the GM (MS), Thiruvananthapuram-1 or the
officer’s authorized representative for and on behalf of the BSNL and the contractor
together with the documents referred to therein including the conditions of contract,
specifications and instructions issued from time to time by the AGM (OP) and all
these documents taken together shall be deemed to form one contract and shall be
complementary to one another.
3.1.1 In the contract the following expressions shall have the meaning hereby
assigned to them.
a) The 'CONTRACTOR' shall mean the individual or firm or company undertaking the
works and shall include the legal personal representative or such individual or the
persons composing such firm or company or the successors of such firm or company.
b) The 'ENGINEER - IN - CHARGE' shall mean DGM (NP) who has signed the
agreement or his successors or AGM (OP) or any other Divisional Engineer under the
control of THE GENERAL MANAGER (MS), THIRUVANANTHAPURAM-1.
c) BSNL means THE MANAGING DIRECTOR, BHARAT SANCHAR NIGAM LTD.

3.2 PARTNERSHIP FIRM

Where the contractor is a partnership firm, previous approval in writing of the


Engineer – in - charge shall be obtained before any change is made in the constitution
of the firm. The Engineer - in - charge reserves the right to refuse or not permit any
person or organisation to participate in works covered by the contract, if the
contractor does not obtain previous approval as aforesaid.

3.3 INDEMNITIES

3.3.1 The contractor shall at all times hold the BSNL harmless and indemnify from against
all actions, suits, proceedings, works, cost, damage charges, claims and demands of
every nature description brought or procured against BSNL, its officers and
employees and forthwith upon demand and without protest or demur to pay to BSNL
any and all losses, damages and costs (inclusive between attorney and client) and all
costs incurred in endorsing this or any other indemnity or security which the BSNL
now or at any time have relative to the work or the contractor's obligations or in
protecting or endorsing its right in any suit or other legal proceedings, charges and
expenses and liabilities resulting from or incidental or in connection with injury,
disease or disablement to or death of any person, including employees of the
contractor or damage to property resulting from or arising out of or in any way
connected with or incidental to the operation caused by the contract documents.

Signature of the Bidder Page 14 of 40


3.3.2 In addition, the contractor shall at his own cost and at the request of BSNL defend
any suit or proceeding asserting a claim covered by this indemnity, but shall not settle,
compound or compromise such suit or other finding without first consulting the
BSNL. In addition, the contractor shall reimburse the BSNL or pay to the BSNL
forthwith on demand without protest or demur all costs, charges, expenses, losses and
damages otherwise incurred by it in consequence of any claims, demands and actions
which may be brought against the BSNL arising out of or incidental or in connection
with the operation covered by the contract.

3.4 PAYMENT OF BILLS


3.4.1. The Contractor shall submit bills along with documents mentioned in Clause 2.25 of
Section II, to the Engineer - in - Charge in TRIPLICATE, along with advance stamped
receipt and in the manner and form that may be prescribed by the Engineer – in -
Charge. Account Payee Cheque will be issued by BSNL.
3.4.2 All Taxes including Income Tax at the rate applicable of the amount for which bill
has been passed will be deducted as tax at source, under the relevant GOVERNMENT
Rules. However, if any new legislation comes into effect for deduction of Tax at
source at any other rate, deduction will be made at that rate. Necessary Income Tax
deduction certificate will be issued by the Accounts Officer, detailing the amount so
deducted at the time of payment of each bill.
3.4.3 Bills should be submitted on work order basis issued as per clause 2.21 of Section II
above on completion of work in each work order. Bill should be duly certified and
countersigned by the Divisional Engineer who has issued the work order. The
date of commencement and completion of work in each work order need to be
mentioned.
3.5 GUARANTEE
In addition to any and all other guarantee and warranty mentioned in the contract
documents the contractor guarantees that the entire work will be done in a satisfactory
manner and free from any defects in workmanship and finish and in conformity in all
respects with the construction specifications, directions. Warranty for a minimum
period of 12 months should be given for the work done by the tenderer. If the work
done give any problems during warranty period it will be attended to at tenderer’s
own cost and risk.

3.6 UNCLAIMED SECURITY DEPOSIT


Security Deposit that is due for refund to the contractor and remains unclaimed for
TWO YEARS after the contract period is over shall be dealt with in accordance with
the provisions contained in the rules of the BSNL.

3.7 DEMISE OF THE CONTRACTOR BEFORE FULFILLING THE CONTRACT


3.7.1 Without prejudice to any of the rights or remedies under this contract if the contractor
dies, the Engineer – in –Charge on behalf of the BSNL shall have the option of
terminating the contract without forfeiting the Security Deposit to the BSNL or any
compensation to the contractor, which does not amount to breach of contract. Any
amount payable to the BSNL
under this contract shall be recoverable from any payment due to him or from the
Security Deposit submitted by him.

Signature of the Bidder Page 15 of 40


3.7.2 Contractor’s legal heirs / representatives shall not without the consent in writing of
the Engineer – in- Charge, have the right to continue to perform the duties or
engagements of the contractor, with such consent aforesaid, transferring his business,
and in the event of the contractor being a company and being wound any time during
the period of this contract for the purpose and with the object of transferring its
business to any person or a company, the contractor shall make it one of the terms and
stipulations of the contract for the transfer of his properties and business, that such
other person or company, shall continue to perform the duties or engagements of the
contractor under this contract and be subject to his liabilities there under. In all cases
proof of death and other relevant documents to this effect shall be submitted to the
Engineer – in – Charge.

3.8 BREACH OF CONTRACT


3.8.1 The breach of contract is the failure or refusal to perform it. The failure to perform
may take place when the time for performance has arrived or even before that. Thus
"the breach of contract" mentioned above covers anticipatory breach and present
breach.
3.8.2 The Engineer - in - Charge may without prejudice to his right against the contractor in
respect of any delay or inferior workmanship or otherwise or to any claims damage in
respect of any breaches of contract and with out prejudice to any rights or remedies
under any provisions of the contract or otherwise and when the date for completion
has or has not elapsed by notice in writing absolutely determine the contract in any of
the following cases.
a) If the contractor fails to commence the work as specified in the work order.
b) If the contractor having been given by the Engineer - in - Charge a notice in writing to
rectify / reconstruct or replace any defective work or that of the work is being
performed in any improper manner shall omit to comply with the requirements of
such notice for a period of SEVEN DAYS thereafter.
c) If the contractor being adjudged insolvent or going voluntarily into liquidation, or
having received order under insolvency act made against him or in case a company
shall pass a resolution or a court shall make an order that the company shall be wound
up or if a receiver or manager on behalf of a creditor shall be appointed or if
circumstances shall arise which entitle the court or creditor or to appoint a manager or
a receiver or which entitle the court to make winding up the order.
d) If the contractor being a near relative of an officer / employee of the BSNL and
entering as a contractor without previous permission of the BSNL.

e) If the contractor commits breach of any of the terms and conditions of the contract.

3.8.3 If the contractor or any of his agents promise or offer any bribe, gift , loan, perquisite,
reward or advantage pecuniary or otherwise, directly or indirectly to any of the
officers or any employee of the BSNL or any person directly or indirectly relating to
their offices or employment or any person in any way, interested in contract, such act
will be considered as breach of contract and appropriate actions will be initiated by
the Engineer - in - Charge in accordance with the relevant clauses, contained in the
tender document.

Signature of the Bidder Page 16 of 40


3.9 PENALTY FOR BREACH OF CONTRACT
3.9.1 When the contractor had made him liable for action under any of the aforesaid
reasons, ie, for any of the breach of contract specified in clauses 3.8 of section III,
the Engineer - in - Charge shall have the powers:

a) To terminate or rescind the contract as aforesaid after proper notice. Upon such
termination or rescission, the security deposit/ performance security remitted by
the contractor shall be forfeited and shall be absolutely at the disposal of the
BSNL.
b) To measure up the work of the contractor after giving notice to the contractor , and to
take such part thereof as shall be unexecuted out of his hands and to give it to another
contractor to complete in which case any expenses which may be incurred in excess
of the sum which would have paid to the original contractor if the whole work has
been executed by him (the amount of which excess, the certificate of the Engineer - in
- Charge shall be final and conclusive) shall be borne and paid by the original
contractor and may be deducted from any money due to him by the BSNL under this
contract or any other account whatsoever or from his security deposit as the case may
be,
c) To debar the contractor from participating in any of the tenders pertaining to any of
the units under the jurisdiction of the Chief General Manager, Kerala
Telecommunications, Thiruvananthapuram for a period TWO YEARS from the date
of termination or rescission order by the Engineer - in - Charge.
3.9.2 The contractor whose work has been terminated or rescinded due to breach of contract
and carried out through another contractor shall not have any right to initiate any legal
proceedings to stall the work. Upon receiving the termination or rescission order
under the hand of the Engineer – in – Charge, the contractor shall return the unused
materials supplied by the BSNL within the date specified in the termination or
rescission order, otherwise the cost of materials supplied by the BSNL shall be
recovered from the contractor.

3.9.3 In the event of any one or more courses of action that may be adopted by the Engineer
– in - Charge in accordance with the aforesaid clause contained in this tender
document, the contractor shall have no claim for compensation towards any loss
sustained by him by any reason whatsoever.
3.10 INSPECTION/ QUALITY ASSURANCE AND CHECK

3.10.1 The BSNL or his representative shall have the right to inspect and test the works as
per prescribed test schedules for their conformity to the specifications.

3.10.2 Should any inspected or tested works fail to conform to the specifications the
BSNL may reject them and the contractor shall make all alterations necessary to meet
specification requirements free of cost to the contractee.

Signature of the Bidder Page 17 of 40


3.11 WARRANTY :
3.11.1 The contractor shall warrant that stores to be supplied shall be new and free from
all defects and faults in material used, workmanship and manufacture and shall
be of the highest grade and consistent with the established and generally
accepted standards for materials of the type ordered and shall perform in full
conformity with the specifications and drawings. The contractor shall be
responsible for any defects that may develop under the conditions provided by
the contract and under proper use, arising from faulty materials , design or
workmanship such as corrosion of the equipment , inadequate quantity of
material to meet the equipment requirements, inadequate contact protection,
deficiencies in circuit design and / or otherwise and shall remedy such defects at
his own cost when called upon to do so by the Purchaser who shall state in
writing in what respect the stores are faulty. This warranty shall survive
inspection or payment for and acceptance of goods, but shall expire except in
respect of complaints notified prior to such date, twelve months after the
project have been taken over.
3.11.2 If it becomes necessary for the contractor to replace or renew any defective
portion / portions of the equipment under this clause, the provisions of the clause
3.11.1 shall apply to the portion / portions of the equipment so replaced or
renewed or until the end of the above mentioned period of twelve months,
whichever may be later. If any defect is not remedied by the contractor wit hin a
reasonable time, the Purchaser may proceed to get the defects remedied from
other supplier etc at the contractor’s risk and expenses, but without prejudice to
any other rights which the Purchaser may have against the contractor in respect of
such defects.
3.11.3 Replacement under warranty clause shall be made by the contractor free of all
charges at site including freight, insurance and other incidental charges.

3.12 DELAYS IN THE CONTRACTOR’S PERFORMANCE


The performance of service shall be made by the contractor in accordance with the
time schedule specified by the purchaser/engineer – in-charge in its work order. In
case the performance (supply/work) is not completed within the stipulated period, as
indicated in the supply order/ work order, the purchaser reserves the right either to
short close/cancel the said order and/or recover liquidated damages charges. The
cancellation/short closing of the order shall be at the risk and responsibility of the
contractor and the purchaser reserves the right to execute the balance uncompleted
work with the risk and cost of the defaulting tenderers.
Delay by the supplier in the performance of its delivery obligations specified in the
work order shall render the contractor liable to any or all of the following sanctions:
forfeiture of its performance security, imposition of liquidated damages and/or
termination of the contract for default.

3.13 LIQUIDATED DAMAGES


The successful bidder will have to complete the work ordered with in a reasonable
period as specified in clause 2.5 of Section II. The scheduled period of completion
of supply/work pursuance to clause 2.5 will be specified in the work order. Should
the contractor fails to commence & compete the work within the period prescribed
in the work order, the purchaser, without prejudice to other remedies available to the
purchaser shall be entitled to recover liquidated damages charges for the delay. For

Signature of the Bidder Page 18 of 40


each week of the delay or part thereof to complete the supply/work, a penalty of 0.5
% per week will be deducted for a period of 1 to 10 weeks and thereafter 0.7 % of
the value of the delayed execution for another 10 weeks. The delay will be counted
from the date of issue of work order. If the contractor fails to complete the work
after 20 weeks of the extended time, the contract shall be terminated and security
deposit/ performance security shall be forfeited.
3.14 FORCE MAJEURE
3.14.1 If at any time, during the continuance of this contract, the performance in whole or in
part by either party of any obligation under this contract is prevented or delayed by
reasons of any war or hostility, acts of the public enemy, civil commotion, sabotage,
fires, floods , explosions, epidemics, quarantine restrictions, strikes, lockouts, or act of
God (hereinafter referred to as events) provided notice of happenings of any such
eventuality is given by either party to the other within 21 days from the date of
occurrence thereof , neither party shall by reason of such event be entitled to terminate
this contract nor shall either party have any claim for damages against other in respect
of such non-performance or delay in performance , and deliveries under the contract
shall be resumed as soon as practicable after such an event come to an end or cease to
exist, and the decision of the purchaser as to whether the deliveries have been
resumed or not shall be final and conclusive provided further that if the performance,
in whole or part of any obligation under this contract is prevented or delayed by
reasons of any such event for a perio d exceeding 60 days, either party may, at its
option, terminate the contract.

3.14.2 Provided, also that if the contract is terminated under this clause, the BSNL shall be
at liberty to take over from the contractor at a price to be fixed by the BSNL, which
shall be final, all unused , undamaged and acceptable materials, brought out
components and stores in course of manufacture which may be in possession of the
contractor at the time of such termination or such portion thereof as the BSNL may
deem fit, except such materials, brought out components and stores as the contractor
may within the concurrence of the purchaser elect to retain.
3.15 DISPUTES AND ARBITRATION
3.15.1 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 THE GENERAL MANAGER (MS), BSNL, LUKES LANE, PULIMOODU,
THIRUVANANTHAPURAM – 1 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 GM (MS), BSNL or by whatever designation such an officer may be called
(hereinafter referred to as the said officer), and if the GM (MS ) or the said officer is
unable or unwilling to act as such, then to the sole arbitration of some other person
appointed by the GM (MS ) 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 w ith 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

Signature of the Bidder Page 19 of 40


being unable to act for any reason whatsoever, the GENERAL MANAGER(MS),
BSNL or the said officer shall appoint another pe rson 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.

3.15.2 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, 1966 and the rules made there under, any modification thereof
for the time being in force shall be deemed to apply the arbitration proceedings under
this clause.

3.15.3 The venue of the arbitration proceedings shall be the office of the GM (MS), BSNL,
TVM or such other places as the arbitrator may decide.

3.15.4 Disputes, if any, arising even after arbitration shall be jurisdiction of the court at
Thiruvananthapuram.

3.16 SET OFF

Any sum of money due and payable to the contractor (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 contractor with the Purchaser or BSNL or such other person(s)
contracting through the BSNL.

Signature of the Bidder Page 20 of 40


SECTION IV

SPECIAL CONDITIONS OF CONTRACT

4.1 The successful bidder will ensure at any cost that the network data, log files and any other
information pertaining to BSNL’s network will be handled with utmost secrecy and
would not cause it to reach any other organisation or individual without written
permission from BSNL.
4.2 The bidder shall have to get these jobs executed by independent teams of skilled persons
who should be trained in the jobs to be handled.
4.3 The successful bidder would perform activities such as Link Balance Check, Performance
monitoring, parameter tuning, antenna modifications drive testing and any other related
technical parameters
4.4 Any tools, hardware, software its license fee, registration charges, intellectual property
right any type of levy charged there on know-how of tools to be used for the tenderer job
would be sole responsibility of successful bidder including drive Test vehicle.
4.5 BSNL in any case shall not be liable to any firm, organization, sister concern, any
associates, employees of successful bidder at any point of time at any place for any type
of claim or compensation.
4.6 BSNL will not provide login access to OMC-R/OMC-S. All the reports required will be
send to the Vendor by the BSNL OMC staff.
4.7 Any modification in the OMC-R/OMC-S database required to achieve the targeted KPI
would be done by BSNL staff upon suggestion report put in a prescribed changed request
format agreed upon by the successful bidder in association/ as well in consultation with
Original Equipment vendor (Motorola/Nortel), if deemed required.
4.8 Any material needed such as Antenna fixture, Jumper cable, Antenna feeder cable etc. to
undertake the optimisation work to achieve the targeted KPI would be responsibilities of
BSNL, in cases where an antenna height increase is to be done . However reduction of the
excess feeder cable should not be carried out without the permission from BSNL. In case
required, e xcess feeder cable length should be rolled and kept neatly and safely.
4.9 Addition of new site can not be proposed to achieve the targeted KPIs. But addition of
site can always be put forth in the reports as a quality enhancement recommendation to
further improve the KPIs beyond the targeted values of tender.
4.10 There may be some locations/ BTSs where targeted KPI are not achievable during
busy hour due to heavy congestion or lack of radio resources. BSNL will try to enhance
the capacity by way of adding TRX etc. But if the same could not be done, the
measurement of KPIs will be taken in some other hours when GoS is about 2%. This will
be finalized in consultation with PoC or DE(RP),Ernakulam..
4.11he BSNL shall not under take any responsibility of providing any facility to the labourers
or officials employed by the agency in terms of shelter, office space, transportation, etc .
4.12 The bidder shall be responsible for the safety & security of their employees and also the
equipment installed at the station. In case of any damages to BSNL property/ person
while executing the job the damages shall be recoverable from the vendor. The bidder

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should strictly comply with all statutory rules and regulations of state and central
governments or any bodies under them.
4.13 The successful bidder shall indemnify BSNL from all statutory/legal liabilities towards
all the personnel either employed itself or in the rolls of its sub-vendors, who have been
deployed for execution of various works against this project that may arise due to various
labour and other laws as specified by central/state from time to time. Further the
engagement and employment of any personnel and payment of wages to them as per the
existing provisions of various labour laws and regulations is the sole responsibility of the
bidder and any breach of such laws or regulation shall be deemed to be breach of this
contract.
4.14 All foreign personnel likely to be deployed by the successful bidder for any activity
pertaining to this project shall be security cleared by the Government of India prior to
their deployment. The security clearance will be obtained from Ministry of Home
Affairs, Government of India.
4.15 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 amendments of
relevant clauses of the Bid document.
4.16 During the validity of tender, BSNL may expand the Network by adding BTS in which
case the Vendor shall re-optimise the Network as and when intimated by BSNL
operation wing.
4.17 The BSNL reserves the right to add/delete some District/Place from the scope of work
given in Section-II Clause 2. 25.5 and 2.25.6. However for addition of places payment
will be made on pro-rata basis taking into account the total number BTSs optimized
against this tender.
4.18 Damage/Loss of Property:-
4.19 If damage/loss of any equipment or installations at the premise of BSNL/NBSNL site is
done by successful bidder’s representative due to improper handling or negligence, the
cost towards recovery of the said equipment/installations & loss of revenue (if any), due
to non-operation of damaged/lost equipment/installations shall be borne by the successful
bidder.

Signature of the Bidder Page 22 of 40


SECTION V
TECHNICAL SPECIFICATIONS

5.1 Advanced Optimisation Tool Specifications:


5.1.1 This system is require d to be a high end optimization tool which will gather data from
multiple sources like
(i) OMC-R
(ii) Drive Test tools of different makes like TEMS, Agilent, and Nemo etc
(iii) Planning tool (NETPLAN, Atoll, TEMS Planner, Agilent etc)
(iv) Digital Maps
(v) GIS tools like MAPINFO
5.1.2 The system should have a multi-threaded open architecture with an advanced database
engine like SQL. It should have an embedded application development environment
where user can add new features, do customization and analysis automation.
5.1.3 It should work with multiple technologies like GSM, GPRS, EDGE and CDMA. It
should be upgradeable to E -EDGE and WCDMA
5.1.4 The system should provide support for systems of multiple vendors like Ericsson,
Motorola, Nokia, Nortel, Siemens and Alcatel, but can be restricted to the makes available
with BSNL Kerala at present.
5.1.5 The tool needs to provide analysis plug-ins for various parameters such as
(vi) Quality
(vii) Uplink & Downlink Receive Level
(viii) Uplink & Downlink C/I
(ix) Serving Distance
(x) Cross Feeder
(xi) Co-Channel and Adjacent Channe l Reuse
(xii) Bad Neighbours
(xiii) GPRS throughputs
(xiv) And at least another 20 more analysis’s which will be defined during the
operational phase during the project
5.1.6 Detection of problems in network should be a key feature and the tool capability should
help to diagnose and move towards the solution quickly based on the principles of optimised
work flow management as well.
5.1.7 There need to be a feature to benchmark different wireless networks including different
technologies and vendors.
5.1.8 The tool should provide typical feature like analysis to predict whether the traffic
congestion in a sector can be reduced by changing the parameters in a nearby site
(which has free resources), like BTS or MS transmit power, Rx_Level_ Access_Min
or hard parameters like Ante nna azimuth or tilt. This would require correlated

Signature of the Bidder Page 23 of 40


analysis of databases of OMC configuration parameters and statistics, planning tool
prediction (serving cell area).
5.1.9 Analysis capability should be available for calculating the Traffic spread in a serving
area of a sector by correlating the offered traffic generated (factoring in the
congestion levels) at different timing advance values and the predicted serving area
from the planning tool.
5.1.10 It should allow import of vectors and other data from planning tool, MAPINFO and
other sources mentioned above.
5.1.11 The system should provide feature to analyse drive test log files. This can be analysed
in Geographical Views as well as Spreadsheet Views which can be synchronized with
data from OMC-R and planning tool with further ability to correlate them. For
example, while analyzing the poor call drop area in drive logs, one should be able to
see the data from OMC-R in the related sectors and also the parameters in planning
tool database concerning the sectors involved. It should have extensive drill down
capabilities in order to help in optimisation process.
5.1.12 These should be a versatile report presentation features which can be taken on
Microsoft EXCEL. There shall be a web interface as well for report presentation and
also to interface the server with the clients.
5.1.13 The required hardware including the Server and 5 remote clients which meets the
specs given below.They need to be supplied along with perpetual licenses of all
required software. They should be dimensioned for best performance of the system
when fully loaded. The minimum configurations are specified below
(i) Minimum Server Configuration: Quad Core 3 GHz Pentium Processor, 320
GB HDD, 2 GB RAM, Wi-Fi & DVD Writer.
(ii) Minimum Client Configuration: Core 2 Duo Processor Laptops, 160 GB
HDD, 2 GB RAM, Wi-Fi, DVD Writer
5.1.14 The connectivity between server and client will be established by the vendor and any
software or hardware required for the same will be supplied as part of the tool.
5.1.15 The dimensioning of the supplied hardware and software should be sufficient for the
total network in the LSA of approximately 2200 Three-sectored sites and 20,000
TRXs . The cost quoted should be inclusive of operating system and other mandatory
software like antivirus etc, for server and clients, for effective working of the software
tool.
5.1.16 The supplier should operate the system for 6 months. During this time they shall give
full support for optimisation of the network, which will be done from this tool by
taking the drive logs from BSNL or concerned vendor of BSNL in charge of field
drive tests, data from OMC and planning tools. The necessary results, findings or
suggestions from the tool will be informed to the field teams of BSNL/concerned
vendor of BSNL and further iterations resulting in improvement of KPI’s of the
network will be carried out. The BSNL engineers will be fully associated and trained
during this phase.
5.1.17 Warranty : The software and hardware supplied as part of this tool will be provided
with an on-site warranty of 3 years from the date of supply and installation during
which period all the issues/bugs/faults (including parts and labour for hardware) if

Signature of the Bidder Page 24 of 40


any, will be rectified by the successful bidder. The necessary software upgrades and
patc hes will also be provided during warranty.
5.2 Network Optimisation Specifications and Targets :-
5.2.1 Study QoS of all existing sites in the 5 city clusters mentioned in Section-II Clause
2.4, through OMC-R/OMC-S data and inputs collected from Drive Test & Survey for
all BTS s. The present network of BSNL Kerala consists of BTS s of M/s Motorola
and M/s Nortel. But the sites in all the cities proposed for optimisation in this tender
are of M/s Nortel.
5.2.2 Submission of recommendation as BTSs wise /Cluster wise for both Software (RF
Data) as well as Hardware (Change of Antenna height, Orientation, Change of feeder
cable height & AMF etc.) to achieve the targeted KPI as fixed by BSNL and other
similar agency such as TRAI.
5.2.3 Implementation of recommendations after getting approval from BSNL. Submit
reports of the changes made and results obtained.
5.2.4 Study & analysis of cluster performance for the achievement of targeted KPI.
5.2.5 Maintenance of targeted KPI specified below till the validity of agreement.
5.2.6 Threshold value of KPIs as mentioned below should be taken for reference every
where in this document. The threshold value defined against the KPI’s are for busy
hours.
KPI Threshold Value
1. Block Call Rate
Less than or equal to 0.1%
(i) SDCCH
Congestion
Less than or equal to 2.0%
(ii) TCH
Congestion
2. Call Drop Rate Less than 1.0%
3. Hand Over Success Greater than or equal to 98%
Rate
4. Call setup success Greater than or equal to 95%
Rate
0-4 shall be greater than 96% of measurement
reports as obtained in Optimisation Tool
5. Rx Qual (UL & DL)
6. C/I Better than 12 for 96% of area
7. Paging Discard Less Than 0.1%
Rate
8. Data KPIs
More Than 40 kbps
Downlink_Data_Throughput

5.2.7 The final report at the end of the initial optimisation should be based on extensive
drive tests done in each city covering all sectors. It should be ensued that a minimum
of 2Km on an average per sector is driven as part of this final evaluation exercise.

Signature of the Bidder Page 25 of 40


During the ensuing 3 months during which period the KPIs are to be maintained, the
reports should be based on drives of minimum 1 km per sector on an average in every
month.
5.2.8 Digital receiver/scanner with spectrum analysis feature need to be extensively used so
as to obtain details of external interference, unauthorised use, if any, of BSNL’s
spectrum etc
5.2.9 The Checking of accuracy of existing data in the planning tool w.r.t. the site is the
responsibility of the successful bidder. Any correction required will have to be
informed to BSNL for updating records.
5.2.10 All required tools, vehicles and riggers etc will have t o be arranged by successful
bidder
5.3 Drive Test Route & Frequency Specifications
5.3.1 The Bidder is to conduct Drive Test in the routes intimated and made over by BSNL.
These routes will be independent of the City Clusters defined in Section-II Clause 2.4.
The Drive Route will be limited to a maximum of 1000 km.
5.3.2 In Congested Area /narrow lanes where mobile Drive van can’t reach, data shall be
collected using GPS Enabled Walk Test Kit. This data shall be merged with the data
collected with mobile test van.
5.3.3 Maximum possible data shall be collected by covering all accessible points.
5.3.4 Digital receiver/scanner with spectrum analysis feature need to be used and logs
provided so as to obtain details of external interference, unauthorised use, if any, of
BSNL’s spectrum etc
5.3.5 Commercial Area /Major Roads shall be tested for coverage during busy hours.
5.3.6 Weekly Drive Test Log Files are to submitted to the Point of Contact (BSNL) for
analyzing in the post processing platform
5.3.7 Setting and Configuration of Drive Test :
(i) The drive should be done using an Agilent drive test tool or TEMS tool in order to
ensure compatibility with tools already available with BSNL.
(ii) The drive should be done using the plan files made over by BSNL or approved by
BSNL. The drive should be done at a speed not exceeding 40 Km/hr
(iii) The drive test shall be conducted using test mobile van fitted with external antenna
with 0 db gain on the van roof top. All drive test results and data will be BSNL
property and bidder shall not use it for any other purposes.
(iv) Make and Version number of the drive test tool as well as walk test kit should be
given as part of the report. (Printout of the version is to be enclosed while submitting
the report to BSNL). Model of Test Mobile, Sl No, and Valid Calibration certificate is
to be submitted
(v) Sensitivity of the test Mobile to be indicated.
(vi) Maximum TX power of the Test Mobile to be indicated.
(vii) Model and Make of the GPS is to be enclosed.
(viii) Type of Calls to be used in the Drive Test

Signature of the Bidder Page 26 of 40


(a) Short Call shall be of 30 Seconds on and 10 second idle.
(b) The long call shall be of duration of 30 Min and 10 seconds idle.
(c) The Test Call should be on Voice Call only (Test Mobile number 1 is to be
connected to another Mobile on voice call hold only not any test tone).
5.3.8 The Size of test data file shall be 30 Minutes duration. The log file of drive test for
offered area shall be enclosed as a record. (i.e. Drive data should be given in the CD
format).
5.3.9 Rx Level in idle condition to be recorded.
5.3.10 Any enhancement to the drive method can be proposed by the bidder which can be
implemented with the approval of BSNL.
5.4 Benchmarking Specifications :
5.4.1 Benchmarking of BSNL Kerala GSM Network with Other Three GSM Vendors and
two CDMA operators in Kerala Circle . BSNL’s network will be monitored both in
Idle and Dedicated mode in the routes defined.
5.4.2 Digital receiver/scanner with spectrum analysis feature need to be used, if required,
and logs provided so as to obtain details of external interference, unauthorised use, if
any, of BSNL’s spectrum etc
5.4.3 The Bidder is expected to give suggestions to optimize areas where BSNL network
quality is poor compared to that of its competitors.
5.4.4 Total Benchmarking Route Distance is limited to a maximum of 1000 km.
5.4.5 The reports will compare the KPIs of voice and data services in post processing tools
and comprehensive report will be submitted against each operator in every route that
is made over. The drives for data and voice need to be conducted separately, if
required.
5.4.6 While conducting the drives, BSNL mobile in both idle and dedicated modes will be
used simultaneously. The idle mobile will be used to see the coverage and the other
for quality.
5.4.7 Any enhancement to the bench marking method can be proposed by the bidder which
can be implemented with the approval of BSNL.
5.5 Deliverables of BSNL :
5.5.1 BSNL will provide the SIMs of BSNL and other GSM operators. Recharging of Non-
BSNL SIMs will be done by the vendor. A land line number will be identified and
provided for making terminating calls. CDMA connections will be arranged by the
vendor.

Signature of the Bidder Page 27 of 40


BHARAT SANCHAR NIGAM LIMITED
(A Government of India Enterprise)
O/o The General Manager, MS, BSNL
Kerala Telecom Circle,TVM.
No.IMPCS/PLG/Tender -035/RF Optimisation/07-08/4dated at TVM the 02-5-2008
TENDER FORM (NON - TRANSFERABLE)

PART I (To be filled by the Office)


1. Tender serial number :
2. Issued to :
3. No. & Date of DD :
4. Date of issue :
5. Initials of issuing Officer :

PART II ( To be filled by the TENDERER )

To
AGM (OP)
O/o GENERAL MANAGER (MS),
THIRUVANANTHAPURAM-695 001

Sir,
In response to your Tender Notice No. IMPCS/PLG/Tender -035/RF Optimisation/2007-08/4
dated at Thiruvananthapuram the 02-05-2008. I/We ...................................... hereby submit
my/ our tender. The tender is for RF Optimisation of GSM Network in Kerala Telecom Circle
as mentioned in the tender document, I/We quote my/our lowest rates as mentioned in
Annexure-I . The rate quoted is inclusive of all taxes

I/We enclose a Crossed DD, bearing No........................... dated ……………… for an


amount of Rs.......................(Rupees .................................... only) drawn on
………………………in favour of AO (Cash), O/o. GM ( MS), Thiruvananthapuram-1
towards EMD or is submitting the Bid Security for Rs……………………in the form of
Bank Guarantee No………….. of ………………..(Name of Bank with Branch).

I/We hereby undertake to strictly abide by all the terms and conditions set forth in this
Tender document.

Place:…………… Signature of Tenderer. ...........................

Date : ……………. Rubber stamp/ seal of the Company/


firm.

Signature of the Tenderer :


Date:

Signature of the Bidder Page 28 of 40


Sl No.

4
3
2
1
1

1.c

1.d
1.b
1.a
Sever HW
Advanced

Client HW
2
Item Description

Drive testing

Bench Marking

G Total
Client Software
Server Software

KPI optimisation
Optimisation Tool

Signature of the Bidder


Unit

No
No
No
No

Clu
ster

Km
Km
Quantity

5
1
5
1
3

19

1000
1000
Ex-Factory price per unit

4
(INR)
5
Price per Unit CIF
%

Excise Duty
6
7
Amt
%
8

Custom Duty
9
ANNEXURE -1

Amt
%

Sales Tax/VAT/Service Tax


10
Amt
11

F&F, Packing & Inland

Page 29 of 40
%
12

Freight
13
Amt
(RATES TO BE QUOTED)

Other levies and charges


14

if any.

Price per unit FOR item


inclusive of all taxes and
15

levies (5+7+9+11+12)

Discount if any
16

Total Discounted Price


17

[(15- 16)x3)]
SECTION VI:

INFORMATION ABOUT TENDERER(S)

(To be furnished by the tenderer (s) along with tender.)

1. Name of the firm and registered address

2. Whether it is sole proprietary or partnership firm :


or Pvt. LTD company. (Attested copy of the
Partnership deed to be enclosed with Tender for
Partnership firm.)

3. Name of sole proprietor/ partners :


Name of director(s)

4. Name of the person(s) authorized to enter into and :


execute the contract agreement and the capacity in
which he/they is/ are authorised.

5. Permanent Income Tax Number.(PAN) :

6. Whether the firm is having branches at more than :


one place, if so give details.

7. Experience of the firm in the field of works :


of same or similar nature, Give details.

8. Any other useful information related to the supply :

I/We ........................................................................... certify that the information furnished by


me/ us as above is true to the best of my/ our knowledge.

Place ..................... Signature of Tenderer.

Date ..................... Seal of Tenderer.

Signature of the Bidder Page 30 of 40


SECTION VII
AGREEMENT(Format)
This agreement made on the ___________ day of ____________ 2008 between BSNL, a Company
registered under the Companies Act, 1956 and having its Registered Office at Bharat Sanchar Bhavan,
H.C. Mathur Lane, Janpath, New Delhi-110001, through its Office in KERALA Telecom Circle O/o
General Manager Telecom (Mobile Services), Thiruvananthapuram-1 hereinafter called (which
expression shall unless repugnant to the context and meaning shall deem to mean and include its
successors and assigns) of the one party AndM/s _____________________________________, a
Company registered under the Companies Act / a Partnership firm constituted having its place of
business/ Registered Office at _________________________________.Herein referred to as
“Network Optimisation work” (which expression shall unless repugnant to the context or meaning
thereof shall deem to mean and include its/his/her/their respective heirs, executors, administrators and
successors/ the partner(s) for the time being of the said firm, the survivor(s) of them and the
executors, administrators and successors of the surviving partners as the case may be) of the other
party.
WHEREASBSNL is inter -alia engaged in the business of providing cellular mobile telephone services
in the service area all over the country (except jurisdiction of BSNL) as provided in the license issued
to it by the Department of Telecommunications, Govt. of India.For the Network Optimisation of
BSNL KERALA Telecom circle, requires specialized services of agencies, which can carryout the
above functions.The concern Agency has represented to BSNL that it has the requisite skills,
knowledge, experience, expertise, infrastructure and capability to act as Network Optimising Agency
and that it has trained and experienced persons having requisite skills, knowledge to perform the
functions in accordance with the terms of this agreement. After evaluation of the agency on the basis
of their presentation and negotiation further and the financial bid submitted by them under sealed
tender and further negotiations. BSNL has agreed to accept the offer of the Agency on the terms and
conditions contained in this agreement.
The parties hereto agreed to record the terms and conditions as follows:
NOW THEREFORE THIS AGREEMENT WITNESSETH AS FOLLOWS:
1. APPOINTMENT AND SCOPE OF WORK:
Whereas the agency has made the offer to duly perform the work under this contract of the ‘RF
Optimisation of GSM network for BSNL, Mobile Services, KERALA Telecom Circle’. After
making himself aware and understanding fully the implications of the terms and conditions and
specifications in the contract and related documents. The NIT, Tender document, APO & any
subsequent direction given by BSNL to Network Optimising Agency shall form integral part of this
agreement.
BSNL has agreed to appoint the Network Optimising Agency on contract basis. Network Optimising
Agency has agreed to act as such on the terms and conditions as specified in this Agreement. BSNL
shall from time to time issue guidelines as to the manner in which the Network Optimising Agency’s
duties and obligations under the Agreement shall be performed and the Network Optimising Agency
shall ensure strict compliance of the guidelines.
BSNL at it’s own discretion, may carryout the certain percentage of work by themselves.
2. PERIOD:
The Agreement shall be valid for a period of 6 months from the date mentioned hereinabove,
unless otherwise terminated by BSNL as provided under this Agreement. Further extension for 6
months on performance shall be at the sole discretion of BSNL and on the terms and conditions to be
decided by BSNL. The decision of BSNL in this regard shall be final & binding.
3. FEES AND CHARGES:
I) Fees and charges for the services rendered are prescribed in annexure to this agreement.
II) All the payments to the Network Optimising Agency shall be made after making statutory
deductions, if any under the relevant laws. BSNL shall also have the right to set off, deduct and
recover from the fees and charges and/or from any other sum payable to the Network Optimising
Agency, any and all amounts which may be or become payable by the Network Optimising Agency to
BSNL.

Signature of the Bidder Page 31 of 40


4. AGENCY’S REPRESENTATIONS AND WARRANTIES BY AGENCY:
The Network Optimising Agency hereby represents, warrants and confirms that:-
4.1 It has full capacity, power and authority to enter into this Agreement and during the
continuance of this agreement, will continue to have full capacity, power and authority to carry out
and perform all its duties and obligations as contemplated herein. It has already taken and will and
continue to take all necessary and further actions (including but without limitations the obtaining of
necessary approval/consents in all applicable jurisdictions) to authorize the execution, delivery and
performance of this Agreement.
4.2 It has the necessary skill, knowledge, experience, expertise, adequate capital and competent
personnel, system and procedures, infrastructure and capability to perform its obligations in
accordance with the terms of this Agreement and to the satisfaction of BSNL.
4.3 The execution of this Agreement and providing services by the Network Optimising Agency
to BSNL, does not and will not violate, breach and contravene any condition of any agreement
entered with any third party/ies.
4.4 Has complied with and obtained necessary permissions/ licenses/ authorizations under the
Central, State and Local authorities and obtained all required permissions/ licenses for carrying out its
obligation under this Agreement.
5. NETWORK OPTIMISING AGENCY’S COVENENTS:
The Network Optimising Agency hereby agrees, undertakes and confirms as under
5.1 That the Network Optimising Agency shall carry out its obligations and functions under this
Agreement strictly in accordance with all the guidelines, instructions, manuals and procedures etc.
(hereinafter referred to as guidelines) prescribed by BSNL in connection with this Agreement from
time to time.
5.2 The Network Optimising Agency shall immediately notify BSNL in writing of any event
which may result in or which may give reason to believe that may cause work stoppage, slowdown,
labour dispute, strike, any labour disruption or any other impediments or disruptions in the due
performance of obligation of the Network Optimising Agency under this Agreement. The Network
Optimising Agency shall forthwith submit the report of the events resulting in stoppage of work to
BSNL. The Network Optimising Agency agrees that notwithstanding anything contained in this
Agreement in the event of any of the eventualities mentioned herein above BSNL shall have a right to
terminate this Agreement by giving seven days notice to the Network Optimising Agency.
5.3 The Network Optimising Agency shall not at any time use or attempt to use BSNL’s name or
logo for any purpose including for the purpose of this Agreement unless specifically authorized by
BSNL in writing.
5.4 The Network Optimising Agency shall ensure that its employees/ personnel shall at all times
conduct themselves within the parameters of laws and shall not commit, abet or permit the
commission of any illegal act while working in the course of this Agreement. In the even of any
illegal act being committed or abetted, the Network Optimising Agency shall be liable for all
consequences thereof and BSNL shall not be liable either directly or indirectly.
5.5 The Network Optimising Agency shall obtain all the requisite License/ permission/
authorizations from state/ central Government agencies on labour contract & shall abide by insurance
rules in this regard under all the applicable laws and keep the same valid by renewing from time to
time as required under the various Acts/ Laws.
5.6 The Network Optimising Agency shall maintain all the registers and records required to be
maintained under the various Labour Enactments and Rules framed there under
5.7 The Network Optimising Agency shall ensure that no personnel employed by the Network
Optimising Agency commits any misconduct or acts in contravention of any of the provisions of this
Agreement or instructions issued by BSNL from time to time or commits any fraud or is involved in
any criminal or civil case. If any personnel commits any misconduct or is involved in criminal case or
is guilty of acting in contravention of any provisions of this Agreement or any law, the Network
Optimising Agency agrees to indemnify and keep BSNL indemnified from the consequences of any
such act of the personnel as a result which BSNL has suffered or is likely to suffer any loss.

Signature of the Bidder Page 32 of 40


5.8 The personn el employed by the Network Optimising Agency shall not have any claim
whatsoever on BSNL and shall not raise any Industrial dispute, either directly or indirectly, with or
against BSNL, in respect of any of the service condition or otherwise.
5.9 It is further expressly clarified and agreed that in case of death or bodily injury to any such
personnel appointed by the Network Optimising Agency in some courses of carrying out of the
services of this Agreement, BSNL shall not be liable or bound to pay any monetary compensation or
otherwise be responsible in any way, whatsoever.
5.10 That the Network Optimising Agency shall immediately notify BSNL in writing if any of its
employee or any other person engaged by the Network Optimising Agency has committed any breach
of any of the employment agreement or has committed any act amounting to moral turpitude or has
been arrested by the police or removed from the employment of the Network Optimising Agency or
committed any act which in the opinion of the Network Optimis ing Agency affects the integrity of the
person. BSNL shall have the right to call upon the Network Optimising Agency to replace any
employee/ agent of the Network Optimising Agency who in the sole opinion of BSNL is jeopardizing
the interest of BSNL and the Network Optimising Agency shall forthwith comply with the demand of
BSNL.
5.11 That the Network Optimising Agency shall procure from its employees for the time being and
from such other staff as BSNL may require, an undertaking not to disclose to any th ird party any
confidential information or knowledge concerning the business of BSNL and take such steps at the
Network Optimising Agency’s own expense as BSNL may direct in order to enforce or retain any
breach of the terms of any such undertaking.
5.12 That the Network Optimising Agency specifically convents that the Network Optimising
Agency and / or any of it’s employees of any other person employed by the Network Optimising
Agency for the purpose of this agreement shall not use any illegal or unlawful means in performing its
obligations under this agreement. For any illegal or unlawful means employed by the Network
Optimising Agency and / or any of it’s employees or any other person the Network Optimising
Agency shall alone be responsible and aggress to indemnify and keep indemnified BSNL at all times
against any suits, claim, demands, petitions, actions, proceedings etc filed/initiated against BSNL by
any person for reason whatsoever and against any loss, damage, claims, costs, charges, expenses.
5.13 The Network Optimising Agency and its personnel shall not claim any lien on the amount
collected by the Network Optimising Agency even if any amount is due and payable by BSNL to the
Network Optimising Agency.
5.14 The Network Optimising Agency under takes to execute such other documents as may be
required by BSNL.
6.0 CONFIDENTIALITY AND NON-DISCLOSURE
6.1 All details, documents, data, applications, software, systems, papers, statements,
business/customer information and BSNL’s practices and trade secrets (hereinafter referred to as
“Confidential Information”) which may be communicated to the Network Optimising Agency and/or
it’s employees shall be treated as absolutely confidential and the Network Optimising Agency
irrevocably agrees and undertakes and ensures that the Network Optimising Agency and all its
employees shall keep the same secret and confidential and not disclose the same, in whole or in the
part of any person without the prior written permission of BSNL not shall use or allow to be used any
information than as may be necessary for the due performance of the Network Optimising Agency’s
obligation hereunder. The Network Optimising Agency hereby specifically agrees to indemnify and
keep BSNL indemnified safe and harmless at all times against all or any consequences arising out of
any breach of this undertaking by the Network Optimising Agency and/ or its employees and shall
immediately, reimburse and pay to BSNL on demand all damages, loss, cost, expenses or any changes
that BSNL may suffer, incur or pay in connection therewith.
6.2 Take all necessary action to protect the confidential information against misuse, loss,
destruction, deletion and/ or alteration.
6.3 Not to misuse or permit misuse directly or indirectly, commercially exploit the confidential
information for economic or other benefit.

Signature of the Bidder Page 33 of 40


6.4 Not to make or retain any copies or record of any confidential information submitted by
BSNL other than as may be required for the performance of the Network Optimising Agency’s
obligation under this agreement.
6.5 Notify BSNL promptly of any unauthorized or improper use or disclosure of the information.
6.6 Return all the information, which is in the custody of the Network Optimising Agency at the
end of the specific assignment.
6.7 The Network Optimising Agency hereby unconditionally agrees and undertakes that it shall
not and that it’s personnel shall not disclose or publish the terms and conditions of this agreement or
disclose the information submitted by BSNL under this agreement to any third party unless such
disclosure is required by law.

7. INDEMNITY:
7.1 The Network Optimising Agency hereby agrees and covenants to indemnify and keep
indemnified BSNL against:-
a. All loss, misappropriations, misuse or damage of or to the documents of any other
security instruments which are in possession of the Network Optimising Agency or its
personnel or within the control of the Network Optimising Agency or its personnel.
b. Any or all claims, liabilities, damages, losses, costs, charges, expenses, proceedings
and actions of any nature whatsoever made or instituted against BSNL and/ or any
customer directly or indirectly by reason of.On behalf of BSNL
for ____________
The parties to this agreement have set their hands on the day mentioned hereinabove.
SIGNED AND DELIVERED by the within named party
i.e. BSNL under the hands of
Shri ____________________ i.e. (Name of Company) ___
SIGNED AND DELIVERED by the within named party Shri __

Signature of the Bidder Page 34 of 40


SECTION VIII

CERTIFICATE
(Please see Clause 2.5 m)

I…………………………………………….s/o………………………………….Address……
…………………………………………………………………………………………………
………………………………………………hereby certify that none of my relative(s) as
defined in the Tender document is /are employed in the BSNL Kerala Telecom Circle 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 information to me.

Place…………………… Signatureof the Bidder………………….

Date………………… Seal of the Bidder ………………….

Signature of the Bidder Page 35 of 40


SECTION IX
PART-A
BID SECURITY FORM

Whereas…………………………………………………………………(hereinafter called “the


bidder” ) has submitted its Bid dated…… … for the supply /execution 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 OBLIGATIONS 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 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.

The guarantee will remain in force for 180 days from the date of opening of tender as specified
in clauses 2.12(a) of Section II 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


Address of Witness
Full address of Branch

Telephone No. of Branch


Fax No. of Branch.

Signature of the Bidder Page 36 of 40


SECTION IX PART-B
PERFORMANCE SECURITY GURANTEE BOND
1. In consideration of CMD Bharat Sanchar Nigam Limited.(herein after called “ the BSNL”)
having agreed to exempt---------------------(hereinafter called ‘the said contractor (s)’) from the
demand, under the terms and conditions of an agreement /(APO) no----------------------- dated --------
----- made between ---------------- and --------- -------------- for the work of--------------(herein after
called “the said agreement”), of security deposit for the due fulfillment by the said contra ctor(s) of
the terms and conditions contained in the said agreement ,on production of the bank guarantee for---
--------------we,(name of the bank) ------------(herein after refer to as “the Bank”) at the request of ----
--------------(contractor(s)) do hereby undertake to pay to BSNL an amount not exceeding -------------
--against any loss or damage caused to or suffered or would be caused to or suffered by the BSNL
by reason of any breach by the said contractor(s) of any of the terms or conditions contained in the
said agreement.
2 We (name of the Bank)-------------------do hereby undertake to pay the amounts due and payable
under this guarantee without any demure, merely on a demand from the BSNL stating that the
amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the
BSNL by reason of breach by the said contractor(s)’ of any of the terms or conditions contained in
the said agreement or by reason of the contractors(s) failure to perform the said Agreement . Any
such demand made on the Bank shall be conclusive as regards the amount due and payable by the
bank under this guarantee where the decision of the BSNL in these count shall be final and binding
on the bank. However, our liability under this guarantee shall be restricted to an amount not
exceeding -------------------.
3. We undertake to pay to the BSNL any money so demanded not withstanding any dispute or
disputes raised by the contractor(s) / Supplier (s) in any suit or proceeding pending before any court
or tribunal relating thereto our liability under this present being absolute and unequivocal . The
payment so made by us under this bond shall be valid discharge of our liability for payment
thereunder and the contractor(s)/ supplier(s) shall have no claim against us for making such
payment.
4. We (name of the Bank)-------------- further agree that the guarantee herein contained shall remain in
full force and effect during the period that would be taken for the performance of the said agreement
and that it shall continue to be enforceable till all the dues of the BSNL under or by virtue of the
said agreement have been fully paid and its claims satisfied or discharged or till BSNL certifies that
the terms and conditions of the said agreement have been fully or properly carried out by the said
contractor(s) and accordingly discharges this guarantee. Unless a demand or claim under this
guarantee is made on us in writing on or before the expiry of THREE years (as actually specified in
Tender) from the date hereof, we shall be discharged from all liabilities under this guarantee
thereafter.
5. We(name of the bank)---------------------further agree with the BSNL that the BSNL shall have the
fullest liberty without our consent and without affecting in any manner our obligations here under
to vary any of the terms and conditions of the said agreement or to extend time of performance by
the said contractor(s) from time to time or to postpone for any time or from time to time any of the
powers exercisable by the BSNL against the said contractor(s) and to forbear or enforce any of the
terms and conditions relating to the said agreement and we shall not be relieved from our liability by
reason of any such variation , or extension being granted to the said contractor(s) or for any
forbearance , act or omission on the part of the BSNL or any indulgence by BSNL to the said
contractor(s) or by any such matter or thing whatsoever which under the law relating to sureties
would , but for this provision , have effect of so relievi ng us.
6. This guarantee will not be discharged due to the change in the constitution of the bank or the
contractor(s)/ Supplier(s).
7. We (name of the bank) ------------------ lastly under take not to revoke this guarantee during its
currency except with the previous consent of the BSNL in writing.
Dated the----------------day of-------------
For---------------------------------------------
(indicate the name of the Bank full address with Pin Code )
Ph No.
FAX no.
BG: no---------------------------------- Dated-----------------------------------

Signature of the Bidder Page 37 of 40


SECTION X

LETTER OF AUTHORISATION FOR ATTENDING BID OPENING


(To reach on or before 14.30 Hrs on the tender opening date)

To

The Bharat Sanchar Nigam Ltd.

Subject – Authorisation for attending bid opening on at ……. Hrs(date) in the tender of
Following persons are hereby authorized to attend the bid opening for the tender
mentioned above on behalf of ________________________________________(Bidder) ion order of
performance given below.

Order of Performance Name Specimen Signature

I.

II.

Alternate Representative
Signature of bidder
Or
Office authorized to sign the bid
Documents on behalf of the bidder.
Note: 1. Maximum of two representatives will be permitted to attend bid opening. In cases
Where it is restricted to one, first preference will be allowed. Alternate representative
will be permitted when regular representatives are not able to attend.
2. Permission for entry to the hall where bids are opened may be refused in case
authorization as prescribed above is not received.

Signature of the Bidder Page 38 of 40


SECTION XI
Experience Certificate
(Format)

(Company/ Organisation Logo/Office Address)

To Whom It May Concern

This to certify that M/s ------------------------------- ( Name & Address) has taken up work for
this organisation in-------------------------------( Name the Nature of work performed by the
Party) for a period of ----------Months in the year ----------- &---------- . The performance of
the firm in respect of discharge of work assigned to them and their over all conduct were
found satisfactory.

The details of work performed and its value are as follows:

1. Name of Work Q uantum of Work


2. Value of Work
3. Period of Work Performance
4. An over all assessment on Quality of Performance
5. Comments on Conduct

Name & Designation of Issuing Authority


( Not below the Rank of STS/ Gr. A Officer or its Equivalent Authority who had
issued work order)
Contact Telephone Numbers
& Address of Issuing Authority

Note: Independent or combined experience certificates should be submitted for covering


1. Supply and performance of Advanced Optimisation tool, 2. Optimisation, 3. Drive
testing and 4. benchmarkin g.

Signature of the Bidder Page 39 of 40


Intentially kept Blank

Signature of the Tenderer Page 40 of 40

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