BHARAT SANCHAR NIGAM LIMITED

(A Government of India Enterprise)

MMT Section, 2nd Floor, Bharat Sanchar Bhawan,

Janpath, New Delhi- 110001

T/No. 011-2371 7844. FAX- 2371 0198

Tender Enquiry No. CA/CM/GSM BSS-North East/T-544/2016 issued on 08-04-2016

DETAILED NOTICE INVITING E-TENDER

Digitally sealed online tenders are invited by CMD, Bharat Sanchar Nigam Limited for undertaking following works on Indian Rupee payment basis -

S.No. / Name of the Item/work / Estimated Quantity (with Unit) / Bid Security / Earnest Money Deposit amount for the tender
1 / Survey, Planning, Supply, Installation, Testing, Commissioning, integration with existing core network and Operation & Maintenance for five years (extendable by two years) of 2G GSM BSS Network along with VSAT, HUB & radio backhaul to provide Coverage in uncovered villages of Arunachal Pradesh and Karbi Anglong & Dima Haso districts of Assam / 2,817 Sites to provide mobile coverage to 4,118 villages / Rs 2 (Two) Crore.

The number of sites/ villages stated above are estimated and BSNL reserves the right to vary no of sites / village -25% to +25% of specified quantity without any change in unit price or other terms & conditions.

Purchase / Availability of Tender Document:

2.1 Tender document can be obtained from AGM(MMY), MM Cell , 2nd Floor of BSNL Bhawan, Janpath, New Delhi 110001 after submission of NDA (Non Disclosure Agreement) in the BSNL format and DD / Bankers cheque of an amount of Rs 10,000/- (Rupees Ten Thousand only) in favour of AO(Cash), BSNL Corporate Office, payable at Delhi towards tender document fee. The format of NDA is provided along with D.N.I.T.

2.2 A bidder is required to register compulsorily and complete all the required formalities on the E-tender portalETS with URL https://www.tcil-india-electronictender.com(if not registered earlier) and submit Organization ID on ETS portal to this office. Tender Document shall be available for downloading from e-tender portal ETS after issue of clarifications to pre-bid queries. Thereafter, the prospective Bidder company who have procured the tender document as per above para, will be authorized by MM cell, BSNL Corporate Office, New Delhi, to access/download the same tender document and to bid through the E-tendering portal.

2.3 BSNL has decided to use process of e-tendering for inviting this tender and thus the hard / paper copy of the tender would not be sold.

2.4  The tender document shall not be available for downloading on it submission / closing date.

3. Notification issued by Department of Telecom vide 18-07/2010-IP dated 5th October 2012 on Policy for Preference to Domestically manufactured telecom products in procurement shall be applicable for this tender.

4  Eligibility Criteria

4.1  In order to qualify as a Bidder, a prospective Bidder shall fulfill the following Eligibility criteria :-

(i)  The Bidder shall be a company registered in India and incorporated under the Indian Companies Act, 1956.

(ii)  The Bidder shall be manufacturer of GSM Radio Access Network (GRAN). Such Bidder shall also be registered in India to carry out telecom manufacturing activity.

(iii)  The bidders should have applied for TSEC approval against this tender for their BSS product to Quality Assurance Circle, Bangalore against the TEC GR No GR/WS/BSS-002/01, Dec 2009, 2 W & 5 W BTS of Cat-1 with additional features in BSS relating to spectral bandwidth saving for Abis and EDGE features in 5 W BTS as mentioned in Clause 1(a)(i) to 1(a)(iv) of Section 3B of tender document at least one day before the opening of the tender.

The QF-103 registration allotted for TSEC by QA Circle shall be part of the eligibility document to be submitted with the bid.

(iv)  The bidder should not have equity stake more than 26% in any Cellular Mobile Telephony Services in India except MTNL and similarly no Cellular Mobile Telephony Service Provider in India should have equity stake or more than 26% in bidder’s firm. An undertaking to this effect shall be submitted.

4.2  (i) The bidders shall submit the necessary documentary proof showing that they meet the eligibility criteria along with the tender bid. All documents submitted will also be self attested by the bidder.

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

(iii) All computer generated documents should be duly signed/ attested by the bidder/ vendor organization.

.

5. Bid Security/EMD:

The Bidder shall furnish the Bid security / EMD in one of the following ways:

(a) Demand Draft/ Banker’s cheque drawn in favour of ‘A.O. (Cash), BSNL, CO, New Delhi’ and payable at New Delhi;

(b) Bank Guarantee from a scheduled bank drawn in favour of ‘DGM (MMT), BSNL C.O. Delhi’ which should be valid for 180 days from the Bid Opening Date. The format for Bank Guarantee is provided in Section 7 (A).

6. Time lines for various activities of the tender:

S. No. / Stage / Date
A / Start date of availability Tender Document in form of CD / 13/04/2016
B / Last date for receipt of queries from bidders( Pre-bid) / 22/04/2016
C / Expected date for replies of queries( Pre-bid) / 29/04/2016
D / Start date of availability Tender Document on e-tender portal for start of e-bidding process / 29/04/2016 (18.00 Hrs.)
E / Last date for download of Tender document from e-tender portal / Up to one day prior to last date of submission of bids
F / Bid / tender closing date- Last date and time for receipt of sealed bids (both techno-commercial & Financial) / Up to 1130 hrs on bid opening date 12/05/2016
G / Time and date for opening of techno-commercial Bid. / At 12:00 Hrs on 12/05/2016

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

7. Opening of Tender Bids :

After 00.30 Hours of this tender closing time & on same date.

8. Place of opening of Bids:

8.1  The tenders shall be opened through “Public Online Tender Opening Event (POTOE)”. BSNL’s Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Even (TOE) from the comfort of their offices. Kindly refer clause 8 of Section-4 Part C of tender document for further instructions.

8.2  The authorized representatives of bidders can attend the TOE at the MMT Section, 2nd Floor, Bharat Sanchar Bhawan, Janpath, New Delhi, where BSNL’s Tender Opening Officers would be conducting Public Online Tender Opening Event(TOE).

9. Tender bids received after due time & date will not be accepted.

10. Incomplete, ambiguous, conditional, unsealed Bids are liable to be rejected.

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

12. (i) The Bidder shall furnish a declaration under his signature as per Section 6(A) of tender document that no addition / deletion corrections have been made in the Tender being submitted as a part of submission of Bid and it is identical to the Tender appearing on the e-Tendering Portal.

(ii) In case of any correction/ addition/ alteration/ omission in the Tender submitted as a part of the submission of Bid, the Bid shall be treated as nonresponsive and shall be rejected summarily.

13. Integrity pact program is implemented for this tender for which signing of integrity pact is mandatory for the purchaser and bidder. Format of integrity pact is provided in the tender document. To oversee the implementation of integrity pact program, IEMs are appointed by BSNL.

14. The queries in respect of the bid document, if any, can be sent to following officers at their Email IDs and address of this office, latest by 22/04/2016:

BSNL Contact-1
Name & Desgn. / Mr. P Balaji Venkatesh, AGM(MMY)
Telephone/ FAX / 011-2371 7844 / 2371 0198
[between 9:30 hrs to 18:00 hrs on working days]
E-mail ID /
BSNL Contact-2
Name & Desgn. / Mr. Manoj Jain ,Dy. Mgr.(MMX)
Telephone/ FAX / 011-2303 7172 / 2371 0198
[between 9:30 hrs to 18:00 hrs on working days]
E-mail ID /

File No : CA/MMT/11-13/2016(NWO-CM) Dated: 13/04/2016

Encl: Format for NDA

-Sd/-

AGM (MMY)

MM Cell,

2nd Floor of BSNL Bhawan,

Janpath, H. C. Mathur Lane,

New Delhi 110001

Email ID-

MUTUAL NON-DISCLOSURE AGREEMENT

(To be signed on Rs.100/- non-judicial Stamp Paper)

This Agreement is made as of the ………………………… between BHARAT SANCHAR NIGAM LIMITED (BSNL) a Government of India Enterprise, having its registered office and Corporate office at Bharat Sanchar Bhawan, H. C. Mathur Lane, Janpath, New Delhi-110001 hereinafter called ‘BSNL’ which expression shall unless repugnant to the subject or the context n mean and included its successors, nominees or assigns and M/s ……………… ……………………………………………………………….. a company incorporated under the Indian Companies Act, 1956, and having its registered office at .……………………………… ……………………………………………………………………………………………

herein after called “………………………………………………” which expression shall unless repugnant to the subject or the context mean and include its successors, nominees or assigns.

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

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

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

2. M/s ………………………………………………………………… and BSNL hereby agreed at during the Confidentiality period:

a)  The receiving party shall use Information only for the Purpose, shall hold information in confidence using the same degree of care as it normally exercises to protect its own proprietary information, but not less than reasonable care, taking into account the nature of the Information, and shall grant access to Information only to its employees who have a need to know, but only to the extent necessary to carry out the business purpose of this project as defined in exhibit A, shall cause its employees to comply with the provisions of this Agreement applicable to the receiving party, shall reproduce information only to the extent essential to fulfilling the purpose, and shall prevent disclosure of information to third parties. The receiving party may, however, disclose the information to its consultants and contractors with a need to know; provided that by doing so, the receiving party agrees to bind those consultants and contractors to terms at least as restrictive as those stated herein, advise them of their obligations and indemnify the disclosing party for any breach of those obligations.

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

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

a) was independently developed by or for the receiving party without reference to the information, or was received without restrictions; or

b) has become generally available to the public without breach of confidentiality obligations of the receiving party; or

c) was in the receiving party’s possession without restriction or was known by the receiving party without restriction at the time of disclosure; or

d) is the subject of a subpoena or other legal or administrative demand for disclosure; provided, however, that the receiving party has given the disclosing party prompt notice of such demand for disclosure and the receiving party reasonable cooperates with the disclosing party’s efforts to secure an appropriate protective order; or

e) is disclosed with the prior consent of the disclosing party; or

f) was in its possession or known to it by being in its use or being recorded in its files or computers or other recording media prior to receipt from the disclosing party and was not previously acquired by the receiving party from the disclosing party under an obligation of confidence; or

g) the receiving party obtains or has available from a source other than the disclosing party without breach by the receiving party or such source of any obligation of confidentiality or non-use towards the disclosing party.