Buyer Added Bid Specific Additional Terms and Conditions (ATC)

Name of Work:- Procurement of End Point Protection Software Subscription

1. Approximate Quantity & Estimated Amount:

Sr. No Name of the item Approxi *Estimated EMD (in

to be procured mate Total Cost INR) (2%
Quantit including of
y GST for 3 Estimated
Years (in Rs.) Cost)
(Including
GST)
1 End Point 1100 Rs. Rs.
Protection 2076800/- 41536/-
Software
Subscripti
on

Note:
1. The quantity/numbers stated above are estimated and BSNL reserves the right to vary the
quantity to the extent of -25 % to + 25% of specified quantity at the time of award of the
contract i.e. AWO without any change in unit price or other terms and conditions.
2. No guarantee can be given to actual quantity. The quantity mentioned in the tender is
tentative only. No claim should entertained for less /not allotting the quantum of work for
any reason.
3. CGMT BSNL Gujarat Telecom circle 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.

2. Detailed Specification of Desktop Computer to be procured:-

Software Type End Point Protection Software/ Appliances

Types of Licence Subscription

Duration of Subscription (in Years) 3

Deployment option Cloud (Soc2)

OEM Licensing policy (Hint:- Device Per Device

means Server, Desktop, Laptop, Thin client
etc.)

Scope of Installation Installation, Integration, Configuration, End

to End Workflow Implementation

Page 1 of 33
The offered product have support from Updation for Patches and Bug fixes within
OEM for support period, Upgradation of version
within support period

Centralized Management Features Defining and Managing Configuration,

Policy Editing, Scalability, Exception
Management, Automatic Client Updates,
Live Security Alerts, Mass Updates, Remote
Software Installation and Updates,
Reporting, Cloud-Assisted Security Network

Updation and Upgradation Features Deploy, manage, and update agents and
policies from one management platform,
Automatic updates, DAT files rollback in
case of issues with new DATs

Advanced Endpoint Protection Features Blended Threats/ Malware

Protection,(HIPS)/Behavioural Analytics,
HTTP Malware Detection, HTTPS Malware
Detection, Automated Malware and Threat
Removal, Web Filtering, Suspicious email
attachments scanning, Enhanced
remediation capabilities, Global Threat
Intelligence with Reputation Source
configuration capability, Advanced
Protection against file less attack methods,
Data Protection / Full disk and file
Encryption, Data backup / Data recovery /
Roll Back, End point forensic, Memory
Protection, Advance machine learning and AI
based next generation End point security,
Application Blacklisting, Application
Vulnerability

Device Control Features Multiple Device Support, USB Device Access

Control and Monitoring, Workstations,
Offline Support and Forensics, Device
Authentication capability, Bluetooth, Media
Encryption, Device Whitelisting

End Point Generic Features Anti-virus feature, Anti-malware feature,

Personal Firewall, Web Control / URL
filtering, Host integrity, Signature based
Protection, Browser protection

3. Additional Terms & Conditions :-

If the supplied Licenses (End Point Protection Software) does not works during the
subscription period (i.e. 3 Years from the date of installation). It will be the
responsibility of the bidder/ seller to get it restored within 48 Hrs. from the intimation

Page 2 of 33
 of fault on email/ phone. Any expenses incurred in this activity will be borne by the
bidder/seller.

2. Eligibility Conditions:
(i) Technical Eligibility Criteria :-
Past Performance: The Bidder or its OEM should have supplied same or similar
Category Products for 80% of bid quantity, in at least one of the last three years before
the bid opening date to any Central / State Govt. Organization / PSU / Public Listed
Company. A copy of experience certificate shall be issued by the officer not below the
rank of Divisional Engineer or equivalent or tender approving authority (in case of
Corporate). Only PO / WO will not be accepted without successful completion
certificate in support of experience.

(ii) Financial Eligibility Criteria:-

a. The bidder should have the financial capability to supply the tendered quantity of
the equipment/ Services. The minimum average annual financial turnover of the
bidder during the last three years, ending on 31st March of the previous financial
year, should be 10 Lakhs. Documentary evidence in the form of certified Audited
Balance Sheets of relevant periods or a certificate from the Chartered Accountant
/Cost Accountant indicating the turnover details for the relevant period shall be
uploaded with the bid.

b. The OEM should have the financial capability to supply the tendered quantity of
the equipment/ Services. The minimum average annual financial turnover of the
OEM during the last three years, ending on 31st March of the previous financial
year, should be 50 Lakhs. Documentary evidence in the form of certified Audited
Balance Sheets of relevant periods or a certificate from the Chartered Accountant
/Cost Accountant indicating the turnover details for the relevant period shall be
uploaded with the bid.

(iii) Bidder should submit Bid Specific OEM/Manufacturers Authorization Form (MAF)
letter/certificate from OEM.
(iv) Bidder should submit Valid PAN Card & Goods and Service Tax certificate (GST).
(v) The bidder or the OEM of the offered products must have ISO 9001 certified. Bidder
should submit the valid Certificate.
(vi) Bidder should submit latest Datasheet of the product offered in the bid and that
should be available on the OEM Official Website. Buyer can match and verify the Data
Sheet with the product specifications offered. In case of any unexplained mismatch of
technical parameters, the bid is liable for rejection.
(vii) Bidder should submit Undertaking for Product Life & Shelf Life: minimum 5 Years
from the date of supply.
(viii) Bidder should submit Malicious Code Certificate.
(ix) Bidder should submit an undertaking regarding not blacklisted by any Central/State
Government units /BSNL/ BBNL/MTNL / Public Sector Unit / Public Bodies /
Municipalities /GST Authority.
(x) Bidder financial standing under taking regarding the bidder should not be under
liquidation, court receivership or similar proceedings, should not be bankrupt.
Page 3 of 33
(xi) Bidder should submit undertaking letter for the acceptance to terms and conditions
of BID.
(xii) The Bidder must have a registered Office/ Service Center in Gujarat. Bidder should
submit GST Certificate/supporting document in support of registered Office/ Service
Center in Gujarat.
(xiii) Preference will be given to 100% Make in India Products. Bidder/OEM should submit
valid OEM Certificate for claiming 100% Make in India Products.

Note-4: In case, supplier gets black-listed by GST authorities during the tenure of
BSNL contract, then BSNL has the right to recover the Input Credit Loss suffered by
it due to any default by the vendor.

Note-5: The bidders shall submit necessary documentary proof showing that they
meet the eligibility criteria along with their tender bid. All documents submitted will
also be self-attested by the bidder.
4. Bid Security / EMD:
4.1 The bidder shall furnish the bid EMD in one of the following ways.

a. Demand Draft/ Banker’s cheque drawn in favour of A.O.(Cash), O/o

CGMT, BSNL, Ahmedabad, payable at Ahmedabad shall also be acceptable,
but no interest shall be payable. Fixed Deposit Receipt (FDR) for the specified
period, issued by any Nationalized / Scheduled Bank in the name of “AO (Cash),
O/o CGMT, BSNL, Ahmedabad “payable at “Ahmedabad”. May also be
submitted. The FDR should also be duly endorsed by the bidder in the favour of
BSNL. Also the FDR should be in Auto-renewal mode with unlimited or
perpetual renewals.

b. Bank Guarantee from a scheduled bank drawn in favour of AO (Cash), O/o

CGMT,BSNL, Ahmadabad payable at Ahmedabad which should be valid for 45
days beyond the bid validity in the prescribed format as per Annexure-IV.

c. Any other way as mentioned in GEM Bid.

4.2 The MSE (Micro and Small Enterprise) bidders are exempted from furnishing EMD:
MSE (Micro & Small Enterprise) bidder is required to submit valid Udyam
Registration certificate, broadly covering the tendered equipment/ services, for
claiming exemption of EMD.

Udyam Registration should be valid on the date of opening of tender, in order to

avail the benefits available to MSEs as contained in Public Procurement Policy for
MSEs. If a vender registered with body specified by Ministry of Micro, Small &
Medium Enterprise claiming concessional benefits is awarded work by BSNL and
subsequently fails to obey any of the contractual obligations, he will be debarred
from any further work/ contract by BSNL for one year from the date of issue of such
order.

5. Offline Submissions:
In case of offline payment of Bid Security / EMD, BG/FDR/Original DD is required
to be submitted in a sealed envelope to AGM(TENDER) o/o CGMT,BSNL, Telephone
Bhawan, 8th floor, A-Wing, C.G Road, Ahmedabad-380006. Originals of bank
instruments such as DD or EMBG towards EMD/Bid Security (if not submitted
Page 4 of 33
 through e-payment mode), shall be submitted by bidder on any date before or within
5 days of bid submission end date failing which the tender bid (if already opened on
basis of scanned copies uploaded in 1st electronic Envelope i.e. Technical Envelope)
shall be rejected.

The envelope shall bear the GeM Bid number, name of work.

6. PERFORMANCE SECURITY
The proceeds of the performance security shall be payable to the Purchaser as
compensation for any loss resulting from the bidder's failure to complete its
obligations under the contract.

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

The performance security Bond will be discharged by the Purchaser after completion
of the bidder's performance obligations including any warranty obligations under the
contract.

BSNL may ask for extension(s) of the validity period till the time all contractual
obligations have been satisfactorily performed by the supplier.
6. Period of validity of bids
a. The bid shall remain valid for 150 days after the date of opening of bids. A bid valid
for a shorter period shall be rejected by BSNL as non-responsive.
b. A bidder accepting the request of BSNL for an extension to the period of bid validity,
in exceptional circumstances, will not be permitted to modify his bid.

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

8. Evaluation Process

8.1 L-1 evaluation will be done on the basis of the Lumpsum price quoted by the bidder.

8.2 The prices quoted should be limited to 2 decimal points only. Any figure after 2
decimal points shall be ignored for all purpose.

9. Distribution of Quantity/ Award of work:

i. The nature of the work is Non-divisible and BSNL intends to limit the number of
technically and commercially responsible bidders to 1 (One) from the list of such
Page 5 of 33
 bidders arranged in increasing order of their evaluated prices starting from the lowest
rates for the purpose of ordering against this tender.
ii. The guidelines / instructions / laws issued vide Public Procurement Policy for Micro
and Small Enterprises (MSEs) Order, 2012 with respect to provisions for Micro &
Small Enterprises (MSEs) and its amendments/related orders issued from Govt. of
India shall be followed.

Note 6: The guidelines issued vide OM No. F.1/4/2021-PPD dated 18.05.2023 from
Ministry of Finance, Department of Expenditure, Public Procurement Division reg.
concurrent application of Public Procurement Policy for MSE Order, 2012 and Public
Procurement (Preference to Make in India) Order,2017 shall be followed.

10. DOCUMENTS ESTABLISHING BIDDER'S ELIGIBILITY AND

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

Major Documents:-
i. Technical Qualification documents as per Eligibility criteria Clause 2(i).
ii. Financial Qualification documents as per Eligibility criteria Clause 2(ii).
iii. Scanned copy of document i.r.o. EMD followed by submission of original bank
instrument. (except exempted category of MSE bidders. MSE bidders are required
to furnish the relevant certificate)
iv. Bid Specific OEM/Manufacturers Authorization Form (MAF) letter/certificate
from OEM as per Eligibility criteria Clause 2(iii).
v. Valid PAN Card & Goods and Service Tax certificate (GST) of the bidder as per
Eligibility criteria Clause 2(iv).

Other Documents:-

vi. Certificate regarding ISO as per Eligibility criteria Clause 2(v)

vii. Latest Datasheet as per Eligibility criteria Clause 2(vi)
viii. Undertaking regarding Product Life & Shelf Life as per Eligibility criteria Clause
2(vii).
ix. Malicious Code Certificate as per Eligibility criteria Clause 2(vii)
x. Valid GST certificate/supporting document in the name of OEM/Bidder as a proof
for having registered office/Service Center in Gujarat as per Eligibility criteria
Clause 2(xii).
xi. Duly filled & signed Undertaking & Declaration as per Annexure-I
xii. Self-declaration regarding Near relative in BSNL as per format ANNEXURE-II (to
be submitted individually by all Directors/all partners/ Sole proprietor as the case
may be)
xiii. Self-declaration for Local Content regarding MII (Annexure-III)
xiv. Indemnity Undertaking (Annexure-VI)
xv. Filled and signed Bidder’s Profile & Questionnaire (Annexure-VII)
xvi. Filled and signed BID Form (Annexure-VIII)
xvii. List/ Name(s) of all Directors/all partners/ Sole Proprietor as the case may be
xviii. Article or Memorandum of Association or Partnership deed (if not a proprietor firm)
as the case may be. In case of proprietary firm, copy of establishment with

Page 6 of 33
 appropriate authority (Nagar Nigam/Nagar Panchayat/Shop & Establishment Act
office/GST etc.).
xix. Any Other documents required as per clauses in BID.

Note 7-
1. If any of the Major Documents is not submitted by a Bidder, the Bid of such
bidder may be summarily rejected. The Eligibility document should be duly
stamped and signed by the Bidder before submission.
2. All Self Declarations should have date of signing after date of publication of Bid
on GeM.

11. Contact Details:

BSNL Contact 1

Contact Person Shri. Sandeep B Patel, AGM (IT)

Telephone 9427660770
[Between 10:30 hrs to 17:00 hrs on working days]

E-mail ID sbpatel@bsnl.co.in

BSNL Contact 2

Contact Person Shri S.J.Pamnani, AGM (Tender)

Telephone 9427613549
[Between 10:30 hrs to 17:00 hrs on working days]

E-mail ID coagmmp@gmail.com

12. Payment Terms:-

GeM Terms & Conditions will be followed. The bidder shall submit the invoice to the
Claim Office O/o CGMT Gujarat Telecom Circle 7th Floor “B” Wing. In this bid, payment
will be made within 45 days from the date of the invoice upon submission of the complete
required documents to the claim office, according to the availability of funds. Following
documents are to be submitted along with invoice for making payments:
I. GeM CRAC.
II. Successful Installation Report issued by BSNL

Note 8-

1. If the supplier fails to furnish necessary supporting documents i.e. GST invoice
/ Customs invoices etc. and also fails to upload the information on GSTN in
respect of the Duties/taxes for which input tax credit is available, the amount
pertaining to such Duties/Taxes will be deducted from the payment due to the
supplier.

Page 7 of 33
 2. Tax amount will be paid to the supplier only after supplier declares the details of
the invoices in its return in GSTR 1 and GSTR-3 uploaded by the supplier and
the same is reflected in GSTR-2A of BSNL on GSTN portal .
3. TDS/ TCS shall be deducted at the prescribed rate, if any (as the case may be).
4. BSNL can adjust/ forfeit Bank Guarantee obtained from the supplier against any
loss of input tax credit to BSNL on account of supplier's default.
5. In case BSNL has to pay GST on reverse charge basis, the supplier would not
charge GST on its invoices. Further, the supplier undertakes to comply with the
provisions of GST law as may be applicable.

13. NEAR-RELATIONSHIP CERTIFICATE

The bidder should give a certificate that none of his/ her near relative, as defined below,
is working in the BSNL units*
In case of bidder being proprietorship firm, this certificate will be given by the proprietor.
For partnership firm, the certificate will be given by all the partners.
In case of bidder being Company/Limited Company the certificate will be given by all the
Directors of the company, but excluding following:
a) Government of India/ Financial institution nominees and independent non-Official
part time Directors, appointed by Govt. of India or the Governor of the state and
b) Full time Directors of PSUs, both Central and State

Due to any breach of these conditions or incorrect declarations by the bidder [Company
or firm or any other person], the tender /bid submitted 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.

*Unit, shall be taken as following:

(a) In case of any near relative of the bidder being non-executive employees, the “BSNL
unit” is defined as “Business Area (BA)”.
(b) In case of any near relative of the bidder being executive (up to AGM/STS level), the
“BSNL unit” is defined as “BSNL Circle”.
(c) In case of any near relative of the bidder being higher executive (DGM/JAG or
higher), “BSNL unit” is defined as “BSNL as a whole”.

The near relatives for this purpose are defined as:-

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

The format of the certificate is given in Annexure-II.

15. VERIFICATION OF DOCUMENTS AND CERTIFICATES

The Bidder will ensure that all the documents and certificates, including experience/
performance and self-certificates submitted by him are correct and genuine before

Page 8 of 33
enclosing them in the bid. The onus of proving genuineness of the submitted documents
would rest with the bidder.

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

DEFAULT. In case of default by Bidder(s)/ Vendor(s) such as
(a) Failure to perform any obligation(s) under the Contract
(b) Or any other default whose complete list is enclosed in Appendix-1
Purchaser will take action as specified in Appendix-1.

17. PURCHASER'S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR

ALL BIDS

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

18. This tender is being floated through GeM, however all APO/PO and other related
activities be processed through BSNL ERP system or any other system( to be decided by
BSNL).

19. SET OFF

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

20. ARBITRATION and JURISDICTION

I. ARBITRATION (Applicable in case of supply orders/Contracts with firms,
other than Public Sector Enterprise) (Not applicable in cases valuing less
than Rs. 5 lakhs).

Except as otherwise provided elsewhere in the contract, if any dispute, difference, question
or disagreement arises between the parties hereto or their respective representatives or
assignees, in connection with construction, meaning, operation, effect, interpretation of
the contract or breach thereof which parties unable to settle mutually, the same shall be
referred to Arbitration as provided hereunder:

1. A party wishing to commence arbitration proceeding shall invoke Arbitration Clause

by giving 60 days’ notice to the designated officer of the other party. The notice
invoking arbitration shall specify all the points of disputes with details of the amount
claimed to be referred to arbitration at the time of invocation of arbitration and not
thereafter. If the claim is in foreign currency, the claimant shall indicate its value in
Indian Rupee for the purpose of constitution of the arbitral tribunal.

Page 9 of 33
2. The number of arbitrators and the appointing authority will be asunder: Neither party
shall appoint its serving employee as arbitrator.
Claim Number of Appointing Authority
amount(excluding arbitrator
claim for counter
claim, if any)

Above Rs 5 Lakhs Sole Arbitrator to BSNL

to Rs 5 Crores be appointed from (Note: BSNL will forward a list containing
a panel of names of three empanelled arbitrators to the
arbitrators of other party for selecting one from the list who
BSNL will be appointed as sole arbitrator by BSNL)

Above Rs 5 3 One arbitrator by each party

Crores Arbitrators and the 3rd arbitrator, who shall be the
presiding arbitrator, by the two arbitrators.
BSNL will appoint its arbitrator from its panel.

3. Neither party shall appoint its serving employee as arbitrator

4. If any of the Arbitrators so appointed dies, resigns, becomes incapacitated or withdraws
for any reason from the proceedings, it shall be lawful for the concerned party/arbitrators
to appoint another person in his place in the same manner as aforesaid. Such person shall
proceed with the reference from the stage where his predecessor had left if both parties
consent for the same; otherwise, he shall proceed denovo.
5. Parties agree that neither Party shall be entitled for any pre-reference or pendente lite
interest on its claims. Parties agree that any claim for such interest made by any party
shall be void.
6. Unless otherwise decided by the Parties, Fast Track procedure as prescribed in Section
29 B of the Arbitration Conciliation Act, 1996 for resolution of all disputes shall be
followed, where the claim amount is up to Rs 5 Crores.

29 B. Fast track procedure –

(1)Notwithstanding anything contained in this Act, the parties to an arbitration
agreement, may, at any stage either before or at the time of appointment of the arbitral
tribunal, agree in writing to have their dispute resolved by fast track procedure specified
in sub-section(3).
(2)The parties to the arbitration agreement, while agreeing for resolution of dispute by
fast track procedure, may agree that the arbitral tribunal shall consist of a sole arbiter who
shall be chosen by the parties.
(3)The arbitral tribunal shall follow the following procedure while conducting arbitration
proceedings under sub-section (1):-
a. The arbitral tribunal shall decide the dispute on the basis of written pleadings,
documents and submission filed by the parties without oral hearing;
b. The arbitral tribunal shall have power to call for any further information or clarification
from the parties in addition to the pleadings and documents filed by them;

Page 10 of 33
c. An oral hearing may be held only, if, all the parties make a request or if the arbitral
tribunal considers it necessary to have oral hearing for clarifying certain issues;
d. The arbitral tribunal may dispense with any technical formalities, if an oral hearing is
held, and adopt such procedure as deemed appropriate for expeditious disposal of the
case.
(4)The award under this section shall be made within a period of six months from the date
the tribunal enters upon the reference.
(5) If the award is not made within the period specified in sub-section (4), the provisions
of sub- sections (3) to (9) of Section 29 A of the Arbitration Conciliation Act, 1996 shall
apply to the proceedings.
(6) The fees payable to the arbitrator and the manner of payment of the fees shall be such
as may be agreed between the arbitrator and the parties.]
7. The arbitral tribunal shall make and publish the award within time stipulated asunder:

Amount of Claims Period for making and publishing of the

and Counter award (counted from the date the
Claims arbitral tribunal enters upon the
reference)

Upto Rs. 5 Crores Within 6 months (Fast Track procedure)

Above Rs. 5 Crores Within 12 months

However, the above time limit can be extended by the arbitrator for reasons to be recorded
in writing with the consent of parties and in terms of provisions of the act.
8. In case of arbitral tribunal of 3 arbitrators, each party shall be responsible to make
arrangements for the travel and stay etc. of the arbitrator appointed by it. Claimant shall
also be responsible for making arrangements for travel/stay arrangements for the
presiding Arbitrator and the expenses incurred shall be shared equally by the parties.
In case of sole arbitrator, BSNL shall make all necessary arrangements for his travel/ stay
and the expenses incurred shall be shared equally by the parties.
9. The Arbitration proceeding shall be held at New Delhi or Circle or SSA Headquarter (as
the case may be).
10. Subject to the aforesaid conditions, provisions of the Arbitration and Conciliation Act,
1996 and any statutory modifications or re-enactment thereof shall apply to the
arbitration proceedings under this clause.

II. ARBITRATION (Applicable in case of supply orders/Contracts between

BSNL and Central/State Government(s) as the case may be in terms of DPE
guidelines for settlement of commercial disputes between Public Sector
Enterprises inter-se and Public Sector Enterprise(s) and Government
Department(s) through Permanent Machinery of Arbitrators (PMA) in the
Department of Public Enterprises.)

In the event of any dispute or difference relating to interpretation and application of the
provisions of commercial contracts between Central Public Sector Enterprises (CPSEs)/
Page 11 of 33
 Port Trusts inter se and also between CPSEs and Government Departments/
Organizations (excluding disputes concerning Railways, Income Tax, Customs & Excise
Departments), such dispute or difference shall be taken up by either party for resolution
through AMRCD as mentioned in DPE OM No. 4(1)/2013(GM)/FTS- 1835, dated
22.05.2018.).
Further, with regard to already signed/existing contracts, existing Arbitration clause for
sole arbitrator can be invoked in case the parties waive, subsequent to disputes having
arisen between them, the applicability of sub-section (5) of section 12 by an express
agreement in writing.

III. APPLICABLE LAW AND JURSDICTION

(a) The supply order for Goods ‘or’ Services, including all matters connected with this supply
order shall be governed by the Indian law both substantive and procedural, for the time being
in force and shall be subject to the exclusive jurisdiction of Indian Courts at the place from
where the Purchase Order has been placed.
(b) Foreign companies, operating in India or entering into Joint Ventures in India, shall have
to obey the law of land and there shall be no compromise or excuse for the ignorance of the
Indian legal system in any way.

Page 12 of 33
 Appendix-1

S. Defaults of the bidder / vendor. Action to be taken

No.
A B C
1(a) Submitting fake / forged i) Rejection of tender bid of respective
a) Bank Instruments with the bid to Vendor.
meet terms & condition of tender in ii) Banning of business for 3 years which
respect of tender fee and/ or EMD; implies barring further dealing with the
b) Certificate for claiming exemption vendor for procurement of Goods & Services
in respect of tender fee and/ or EMD; including participation in future tenders
and detection of default at any stage invited by BSNL for 3 years from date of issue
from receipt of bids till award of of banning order.
APO/ issue of PO/WO. iii) Termination/ Short Closure of PO/WO, if
issued. This implies non-acceptance of
further supplies / work & services except to
make the already received material work/
complete work in hand.
Note 1:- However, in this case the performance guarantee if alright will not be
forfeited
Note 2:- Payment for already received supplies/ completed work shall be made as
per terms & conditions of PO/ WO
1(b) Submitting fake / forged documents
towards meeting eligibility criteria
such as experience capability, supply
proof, registration with Sales Tax,
Income Tax departments etc. and as
supporting documents towards
other terms & conditions with the bid
to meet terms & condition of tender :
(i) If detection of default is prior to i) Rejection of Bid &
award of APO ii) Forfeiture of EMD.
iii) Banning of Business for upto three years
which implies Barring further dealing with
the vendor for procurement of Goods &
Services including participation in future
tenders invited by BSNL for upto three years
from the date of issue of banning order.
(ii) If detection of default after issue i) Cancellation of APO,
of APO but before receipt of PG/ SD ii) Rejection of Bid &
(DD, BG etc.) iii) Forfeiture of EMD. v)
Banning of Business for upto three years
which implies Barring further dealing with
the vendor for procurement of Goods &
Services including participation in future

Page 13 of 33
 tenders invited by BSNL for upto three years
from the date of issue of banning order.
(iii) If detection of default after i) Cancellation of APO
receipt of PG/ SD (DD, BG etc.) . ii) Rejection of Bid &
iii) Forfeiture of PG/ SD.
However on realization of PG/ SD amount,
EMD, if not already released shall be
returned. iv)
Banning of Business for upto three years
which implies Barring further dealing with
the vendor for procurement of Goods &
Services including participation in future
tenders invited by BSNL for upto three years
from the date of issue of banning order.
(iv) If detection of default after issue i) Termination/ Short Closure of PO/WO
of PO/ WO and Cancellation of APO
ii) Rejection of Bid &
iii) Forfeiture of PG/ SD.
However on realization of PG/ SD amount,
EMD, if not released shall be returned. iv)
Banning of Business for upto three years
which implies Barring further dealing with
the vendor for procurement of Goods &
Services including participation in future
tenders invited by BSNL for upto three years
from the date of issue of banning order.
Note 3:- However, settle bills for the material received in correct quantity and
quality if pending items do not affect working or use of supplied items.
Note 4:- No further supplies are to be accepted except that required to make the
already supplied items work.
2 If vendor or his/her representative Banning of business for 3 years which implies
uses violent/ coercive means viz. Barring further dealing with the vendor for
Physical / Verbal means to threatens procurement of Goods & Services including
BSNL Executive / employees and/ participation in future tenders invited by
or obstruct him from functioning in BSNL for 3 years from date of issue of
discharge of his/her duties& banning order.
responsibilities for the following :
a) Obstructing functioning of tender
opening executives of BSNL in
receipt/ opening of tender bids from
prospective Bidders, suppliers/
Contractors.
b) Obstructing/ Threatening other
prospective bidders i.e. suppliers/
Contractors from entering the tender
venue and/ or submitting their
tender bid freely.
Page 14 of 33
3 Non-receipt of acceptance of APO/ Forfeiture of EMD.
AWO and SD/ PG by L-1 bidder
within time period specified in APO/
AWO.
4.1 Failure to supply and/ or i) Termination of PO/ WO.
Commission the equipment and /or ii) Under take purchase/ work at the risk &
execution of the work at all even in cost of defaulting vendor.
extended delivery schedules, if iii) Recover the excess charges if incurred
granted against PO/ WO. from the PG/ SD and outstanding bills of the
defaulting Vendor.
4.2 Failure to supply and/ or i) Short Closure of PO/ WO to the quantity
Commission the equipment and /or already received by and/ or commissioned in
execution of the Work in full even in BSNL and/ or in pipeline provided the same
extended delivery schedules, if is usable and/or the Vendor promises to
granted against PO/ WO. make it usable.
ii) Under take purchase/ work for balance
quantity at the risk & cost of defaulting
vendor.
iii) Recover the excess charges if incurred
from the PG/ SD and outstanding bills of the
defaulting Vendor.
5.1 The supplied equipment does not i) If the material is not at all acceptable, then
perform satisfactory in the field in return the non-acceptable material (or its
accordance with the specifications part) & recover its cost, if paid, from the o/s
mentioned in the PO/ WO/Contract. bills/ PG/ SD.
OR
ii) If the material is inducted in network & it
is not possible to return it and/ or material is
acceptable with degraded performance, the
purchaser may determine the price for
degraded equipment (Financial penalty =
Price – price determined for degraded
equipment) himself and/ or through a
committee.
Undertake recovery of financial penalty from
outstanding dues of vendor including PG/
SD.
5.2 Major quality problems (as i) If the material is not at all acceptable, then
established by a joint team / return the non-acceptable material (or its
committee of User unit(s) and QA part) & recover its cost, if paid, from the o/s
Circle) / performance problems and bills/ PG/ SD;
non-rectification of defects (based OR
on reports of field units and QA ii) If the material is inducted in network & it
circle). is not possible to return it and/ or material is
acceptable with degraded performance, the
purchaser may determine the price for
degraded equipment (Financial penalty =
Page 15 of 33
 Price – price determined for degraded
equipment) himself and/ or through a
committee.
Undertake recovery of financial penalty from
outstanding dues of vendor including PG/
SD;
and
iii) Withdrawal of TSEC/ IA issued by QA
Circle.
6 Submission of claims to BSNL i) Recovery of over payment from the
against a contract outstanding dues of Vendor including EMD/
(a) for amount already paid by BSNL PG & SD etc. and by invoking ‘Set off’ clause
. 21 of Section 5-(Part-A) or by any other legal
(b) for Quantity in excess of that tenable manner.
supplied by Vendor to BSNL. ii) Banning of Business for 3 years from date
c) for unit rate and/ or amount of issue of banning order or till the date of
higher than that approved by BSNL recovery of over payment in full, whichever is
for that purchase. later.
Note 5:- The claims may be submitted with or without collusion of BSNL
Executive/ employees

Note 6:- This penalty will be imposed irrespective of the fact that payment is
disbursed by BSNL or not.
7 Network Security/ Safety/ Privacy:- i) Termination of PO/ WO.
If the vendor tampers with the ii) Banning of business for 3 years which
hardware, software/ firmware or in implies barring further dealing with the
any other way that vendor for procurement of Goods & Services
a) Adversely affects the normal including participation in future tenders
working of BSNL equipment(s) and/ invited by BSNL for 3 years from date of issue
or any other TSP through BSNL. of banning order.
b) Disrupts/ Sabotages functioning iii) Recovery of any loss incurred on this
of the BSNL network equipment’s account from the Vendor from its PG/ SD/
such as exchanges, BTS, BSC/ MSC, O/s bills etc.
Control equipment including IN etc., iv) Legal action will be initiated by BSNL
transmission equipment’s but not against the Vendor if required.
limited to these elements and/ or any
other TSP through BSNL.
c) Tampers with the billing related
data/ invoicing/ account of the
Customer/ User(s) of BSNL and/ or
any other TSP(s).
d) hacks the account of BSNL
Customer for unauthorized use i.e. to
threaten others/ spread improper
news etc.

Page 16 of 33
 e) Undertakes any action that
affects/ endangers the security of
India.
8 If the vendor is declared bankrupt or i) Termination/ Short Closure of the PO/
insolvent or its financial position has WO.
become unsound and in case of a ii) Settle bills for the quantity received in
limited company, if it is wound up or correct quantity and quality if pending items
it is liquidated. do not affect working or use of supplied
items.
iii) No further supplies are to be accepted
except that required to make the already
supplied items work.
iv) In case of turnkey projects, If the material
is commissioned and is usable without any
degradation of performance, then settle bills
for the acceptable equipment/ material (or its
part). v) In
case of turnkey projects, if the material is
inducted in network & it is not possible to
return it and/ or material is acceptable with
degraded performance, the purchaser may
determine the price for degraded equipment
(Financial penalty = Price – price determined
for degraded equipment) himself and/ or
through a committee.
vi) Undertake recovery of financial penalty
from outstanding dues of vendor including
PG/ SD
9 In the event of the vendor, its i) Termination/Short Closure of the PO/
proprietor, Director(s), partner(s) is WO. ii) Settle
/ are convicted by a Court of Law bills for the material received in correct
following prosecution for offences quantity and quality if pending items do not
involving moral turpitude in relation affect working or use of supplied items.
to the business dealings. iii) No further supplies are to be accepted
except that required to make the already
supplied items work.
iv) In case of turnkey projects, If the material
is commissioned and is usable without any
degradation of performance, then settle bills
for the acceptable equipment/ material (or its
part). v) In
case of turnkey projects, If the material is
inducted in network & it is not possible to
return it and/ or material is acceptable with
degraded performance, the purchaser may
determine the price for degraded equipment
(Financial penalty = Price – price determined
Page 17 of 33
 for degraded equipment) himself and/ or
through a committee.
vi) Undertake recovery of financial penalty
from outstanding dues of vendor including
PG/ SD.
10 If the vendor does not return/ i) Take action to appoint Arbitrator to
refuses to return BSNL’s dues: adjudicate the dispute.
a) inspite of order of Arbitrator. i) Termination of contract, if any.
ii) Banning of business for 3 years which
implies barring further dealing with the
vendor for procurement of Goods & Services
including participation in future tenders
invited by BSNL from date of issue of
banning order or till the date by which
vendor clears the BSNL’s dues, whichever is
later.
iii) Take legal recourse i.e. filing recovery
suite in appropriate court.
b) inspite of Court Orders i) Termination of contract, if any.
ii) Banning of business for 3 years which
implies barring further dealing with the
vendor for procurement of Goods & Services
including participation in future tenders
invited by BSNL from date of issue of
banning order or till the date by which
vendor clears the BSNL’s dues, whichever is
later.
11 If the Central Bureau of Take Action as per the directions of CBI or
Investigation/ Independent External concerned department.
Monitor (IEM) / Income Tax/ Sales
Tax/ Excise / Custom Departments
recommends such a course.
12 The following cases may also be i) Banning of business for 3 years which
considered for Banning of business: implies Barring further dealing with the
(a) If there is strong justification vendor for procurement of Goods & Services
for believing that the proprietor, including participation in future tenders
manager, MD, Director, partner, invited by BSNL for 3 years from date of issue
employee or representative of the of banning order.
vendor/ supplier has been guilty of
malpractices such as bribery,
corruption, fraud, substitution of
tenders, interpolation,
misrepresentation with respect to the
contract in question.
(b) If the vendor/ supplier fails to
execute a contract or fails to execute
it satisfactorily beyond the provisions
of Para 4.1 & 4.2.

Page 18 of 33
 (c) If the vendor/ supplier fails to
submit required documents/
information, where required.
(d) Any other ground which in
the opinion of BSNL is just and
proper to order for banning of
business dealing with a vendor/
supplier
Note 7: The above penalties will be imposed provided it does not clash with the provision of
the respective tender.
Note 8:-In case of clash between these guidelines & provision of invited tender, the
provision in the respective tender shall prevail over these guidelines.
Note 9: Banning of Business dealing order shall not have any effect on the existing/ ongoing
works/ AMC / CAMC which will continue along with settlement of Bills.

Note: In case supplier gets blacklisted during tenure of BSNL contract then no
loss of input tax credit is born by BSNL due to a default of supplier.

Page 19 of 33
 Annexure-I
UNDERTAKING & DECLARATION On Firm/Company Letter Head)
For understanding the terms & condition of bid & Scope of work

a. Certified that:
1. I/ We ……………………………………. have read, understood and agree with all the terms
and conditions, specifications included in the bid documents& offer to execute the
work at the rates quoted by us in the bid form.
2. If I/ We fail to enter into the agreement & commence the work in time, the EMD/ SD
deposited by us will stand forfeited to the BSNL.
b. The tenderer hereby covenants and declares that:
1. All the information, Documents, Photo copies of the Documents/ Certificates
enclosed along with the bid offer are correct.
2. No addition/ deletion /corrections have been made in the downloaded tender
document being submitted and it is identical to the tender document appearing on
the website. In case of any correction/ addition/ alteration/ omission of the terms
& conditions in the tender document, our tender / bid shall be treated as non-
responsive and shall be rejected summarily.
3. If anything is found false and/or incorrect and/or reveals any suppression of fact at
any time, BSNL reserves the right to debar our bid offer/ cancel the LOA/ Purchase/
work order if issued and forfeit the EMD/ SD/ Bill amount pending with BSNL. In
addition, BSNL may debar the contractor from participation in its future tenders.
c. Certificate regarding firm has not black listed by any Central/State
Government units /BSNL/ BBNL/MTNL / Public Sector Unit / Public Bodies /
Municipalities /GST Authority
I,……………………………………………….……S/o………………………………………r/o………………………
…………………………..……hereby certify that we or our firm
……………………………………………………………………… has not been BLACK LISTED by any
Central/State Government units /BSNL/ BBNL/MTNL / Public Sector Unit /
Public Bodies / Municipalities /GST Authority. In case at any stage, it is found that
the information given by me is false/incorrect, BSNL shall have the absolute right to take
any action as deemed fit without any prior intimation to me.

d. Clause by Clause Compliance

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

e. Bidder’s Financial standing / Net worth

I/We, ...............................................(name of the bidder / firm) hereby certify that we are
not under liquidation, court receivership or similar proceedings, and are not bankrupt.
Our Net worth is positive as per the last audited financial statements.

Date: …………… Signature of Tenderer

Place:…………… Name of Tenderer………………………….
Along with date & Seal

Page 20 of 33
 Annexure-II
NEAR-RELATIONSHIP CERTIFICATE:

I………..……..s/o…….…………r/o…………….………..hereby certify that none of my relative(s) as

defined in the tender document is/are employed in any BSNL Unit as defined in the clause
in the Tender Enquiry, on Near relationship.

OR
* Following are the details of near relatives working with the BSNL.

S. Name Designation Name of the Unit (Office &

No. of the section of BSNL) where
Relative working

* Strike off whichever is not applicable.

In case at any stage, it is found that the information given by me is false/ incorrect, BSNL shall
have the absolute right to take any action as deemed fit/without any prior intimation to me.

Signature of the Proprietor/ Partners/ Directors

of the Tenderer entity

With date and seal

NOTE:
To be submitted individually by all Directors/ all partners/ Sole proprietor as the
case may be.

Page 21 of 33
 Annexure-III
Form-1
Format for Self declaration regarding Local Content (LC) for Telecom Product, Services
or Works to be submitted on non-judicial stamp paper of the value Rs. 100/-
Date:

I,..................................... S/o, D/o, W/o.................................. ,Resident of ................................ do

here by solemnly affirm and declare as under:

That I agree to abide by the terms and conditions of Department of Telecommunications,

Government of India issued vide Notification No. 300 dated 22.10.2024(The Gazette of India).

That the information furnished hereinafter is correct to best of my knowledge and belief and I
undertake to produce relevant records before the procuring entity or any other authority so
nominated by the department of Telecommunications, Government of India for the purpose of
assessing the LC.

Local Content claimed:____ %age

That the LC for all inputs which constitute the said Telecom Product/Services/Works has been
verified by me and I am responsible for correctness of the claims made therein.

That in the event of the LC of the Telecom Product/Services/Works mentioned herein is found to be
incorrect and not meeting the prescribed LC norms, based on the assessment of an authority so
nominated by the Department of Telecommunications, Government of India and I and my
Statutory auditor or cost auditor (if applicable) will be liable for actions as specified
in Clause (9) of the DPIIT PPP-MII Order dated 19.07.2024 for all incorrect/false facts
and figures.

I agree to maintain detailed breakup / information (separately for each product) to substantiate my
claim for LC in the Company's record for a period of 2 years and shall make this available for
verification to any authority. I shall also maintain records of local content pertaining to items bought
from other domestic manufacturers / traders.

[Please provide following information]

i. Name and details of the Local supplier (Registered Office, Manufacturing unit location, nature of
legal entity)
ii. Date on which this certificate is issued.
iii. Telecom Product/Services/Works for which the certificate is produced.
iv. Procuring agency to whom the certificate is furnished.
v. Percentage of LC claimed.
vi. Name and contact details of the unit of the manufacturer.
vii. Sale price of the product.
viii. Ex-Factory Price of the product.
ix. Freight, insurance and handling
x. Total Bill of Material.
xi. List and total cost value of inputs used for manufacture of the Telecom Product/Services/Works.
xii. List and total cost of inputs which are locally sourced. Please attach LC certificate from local
suppliers, if the input is not in-house.
xiii. List and cost of inputs which are imported, directly or indirectly.
Page 22 of 33
I hereby certify that, having read all the provisions of the above order and principles / basis of
calculations, the local content calculation does not include the following:

a. Imported items sourced locally from resellers/distributors.

b. The license fees / royalties paid/ technical charges paid out of India
c. Procurement / supply of repackaged / refurbished/rebranded imported products

I hereby also certify to the best of my knowledge and belief that all the particulars furnished above are
correct and complete. I agree to comply with the terms and conditions of the DPIIT PPP-MII order dated
19.07.2024 and DoT PPPMII Notification dated 21.10.2024.

I understand that any incorrect declaration regarding the local content or failure to
substantiate the claim of LC will result in penalties as specified in Clause (9) of the DPIIT
PPP-MII Order dated 19.07.2024.
I further certify and take personal responsibility that I have applied my mind to the calculations and
principles of LC as specified in this order and I shall, having declared the LC shall not seek recourse to
change it on any ground. Any changes made by me on any grounds in a bid in LC after bid submission
shall make my bid non-responsive and I shall hold myself liable for civil/criminal action arising out of
any such change. I understand and agree that any such post bid change in LC content shall also be a valid
ground for blacklisting of the firm from future contracts/bids.

Signature:
Name:
Designation: CEO/MD
Address:
Email Address:
Mobile No.:
Place:
Date:

Page 23 of 33
 Annexure-IV

FORMAT for the BID SECURITY/ EMD Guarantee

(To be typed on Rs. 300/- non-judicial stamp paper or as per applicable rate)
Sub: Bid Security/ EMD guarantee.
Whereas M/s
R/o ……………… ………… ……………………………………… (Hereafter referred to as Bidder) has
approached us for giving Bank Guarantee of Rs. ……………………/- (hereafter known
as the “B. G. Amount”) valid up to …../……/ 20….. (hereafter known as the “Validity date”) in
favour of AGM(MM) O/o CGMT, Gujarat Circle , BSNL, Telephone Bhawan, 8th Floor A-wing,
Navrangpura, C.G.Road, Ahmedabad-38006 (Hereafter referred to as BSNL) for participation in
the tender of Work of……………………………………………..vide tender no. ………………………………….
Now at the request of the Bidder, We ……………………………………… Bank
…………………………Branch having
………………………………………….………………………………………………………(Address) and Regd.office
address as ………………...………………………………………………………………………………………………
(Hereinafter called ‘the Bank”) agrees to give this guarantee as hereinafter contained:
2. We the Bank do hereby undertake to pay the amounts due and payable under this guarantee
without any demur, merely on a demand from the 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 bidder(s) of any of terms or conditions contained in the said Agreement or
by
reason of the bidder (s) failure to perform the said Agreement. Any such demand made on
the bank shall be conclusive as regards the amount due and payable by the Bank under this
guarantee where the decision of the BSNL in these counts shall be final and binding on the
bank. However, our liability under this guarantee shall be restricted to an amount not exceeding
the “B. G. Amount”.
3. We undertake to pay to the BSNL any money so demanded notwithstanding any dispute
or disputes raised by the bidder(s) in any suit or proceeding before any court or tribunal relating
thereto our liability under this present being absolute and unequivocal. The Payment so made
by us under this bond shall be valid discharge of our liability for payment there under and the
bidder(s) shall have no claim against us for making such payment.
4. We the Bank further agree that the guarantee herein contained shall remain in full force and
effect during the period that would be taken for the performance of the said agreement and that
it shall continue to be enforceable till all the dues of the 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 and properly carried out by the
said bidder(s) and accordingly discharge this guarantee. Unless a demand or claim under this
guarantee is made on us in writing or before the expiry of Validity date from the date hereof, we
shall be discharged from all liability under this guarantee thereafter.
5. We the Bank further agree with the BSNL that the BSNL shall have the fullest liberty without
our consent and without affecting in any manner our obligations hereunder to vary any of the terms
and conditions of the said Agreement or to extend time of performance by the said bidder(s)
from time to time or to postpone for any time or from time to time any of the powers exercisable
by the BSNL against the said bidder(s) and to forbear or enforce any of the terms and conditions
relating to the said agreement and we shall not be relieved from our liability by reason of any
such variation, or extension being granted to the said Bidder(s) or for any forbearance, act or
Page 24 of 33
omission on the part of the BSNL or any indulgence by the BSNL to the said bidder(s) or by any
such matter or thing whatsoever which under the law relating to sureties would, but for this
provision, have effect of so relieving us.
6. Notwithstanding anything herein contained;
(a) The liability of the Bank under this guarantee is restricted to the “B. G. Amount”
and it will remain in force up to its Validity date specified above.
(b) The guarantee shall stand completely discharged and all rights of the BSNL
under this Guarantee shall be extinguished if no claim or demand is made on us in
writing on or before its validity date.
7. In case BSNL demands for any money under this bank guarantee, the same shall be paid
through banker’s Cheque in favour of “AO (Cash) O/o CGMT, BSNL, Ahmedabad” payable at
Ahmedabad.
8. The Bank guarantees that the below mentioned officer who have signed it on behalf of the
Bank have authority to give this guarantee under its delegated power.

Place: ……………………………

Date: ………………………….. (Signature of the Bank Officer)

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

Page 25 of 33
 Annexure-V
For the Performance Guarantee
(To be typed on Rs.300/- non-judicial stamp paper or as per applicable rate)

Sub: Performance guarantee. Dated:……………..

Whereas CHIEF GENERAL MANAGER TELECOMUNICATION, GUJARAT CIRCLE
AHMEDABAD (hereinafter called ‘BSNL’) R/o …………………………..…………
…………………..(hereafter referred to as BSNL) has issued an APO no. …………..………. Dated
……/……/20….. awarding the work of …………… …… … to M/s ……………………
R/o ………………………………………………………………… (hereafter referred to as “Bidder”) and BSNL
has asked him to submit a performance guarantee in favour of CHIEF GENERAL MANAGER
TELECOMUNICATION,GUJARAT CIRCLE AHMEDABAD of Rs. …………..……/- (hereafter
referred to as “P.G. Amount”) valid up to ……/……/20………(hereafter referred to as “Validity
Date”).
Now at the request of the Bidder, We ……………………Bank ……………Branch having
.……………………………… ……. (Address) and Regd. office address as ……… ………………………
(Hereinafter called ‘the Bank”) agreed to give this guarantee as hereinafter contained:

2. We, “the Bank” do hereby undertake and assure to the BSNL that if in the opinion of the BSNL,
the Bidder has in any way failed to observe or perform the terms and conditions of the said
agreement or has committed any breach of its obligations there-under, the Bank shall on demand
and without any objection or demur pay to the BSNL the said sum limited to P.G. Amount or such
lesser amount as BSNL may demand without requiring BSNL to have recourse to any legal remedy
that may be available to it to compel the Bank to pay the same.

3. Any such demand from the BSNL shall be conclusive as regards the liability of Bidder to pay to
BSNL or as regards the amount payable by the Bank under this guarantee. The Bank shall not be
entitled to withhold payment on the ground that the Bidder had disputed its liability to pay or has
disputed the quantum of the amount or that any arbitration proceeding or legal proceeding is
pending between Bidder and BSNL regarding the claim.

4. We, the Bank further agree that the guarantee shall come into force from the date of its issue
and shall remain in full force and effect up to its Validity date.

5. The Bank further agrees that the BSNL shall have the fullest liberty without the consent of the
Bank and without affecting in any way the obligations hereunder to vary any of the terms and
conditions of the said agreement or to extend the time for performance of the said agreement
from any of the powers exercisable by BSNL against the Bidder and to forebear to enforce any of
the terms and conditions relating to the said agreement and the Bank shall not be relieved from
its liability by reason of such failure or extension being granted to Bidder or through any
forbearance, act or omission on the part of BSNL or any indulgence by BSNL to Bidder or any
other matter or thing whatsoever which under the law relating to sureties would but for this
provision have the effect of relieving or discharging the guarantor.

6. Notwithstanding anything herein contained;

Page 26 of 33
(a) The liability of the Bank under this guarantee is restricted to the P.G. Amount and it will
remain in force up to its Validity date.
(b) The guarantee shall stand completely discharged and all rights of the BSNL under this
Guarantee shall be extinguished if no claim or demand is made on us in writing on or before its
validity date.

7. In case BSNL demands for any money under this bank guarantee, the same shall be paid
through banker’s Cheque in favour of “AO (Cash) O/o CGMT, Gujarat Telecom Circle,
Ahmedabad. Payable at Ahmadabad.

8. The Bank guarantees that the below mentioned officer who have signed it on behalf of the Bank
have authority to give this guarantee under its delegated power.

Place: ……………………………
Date: ………………………….. (Signature of the Bank Officer)

Rubber stamp of the bank

Authorized Power of Attorney Number: ……………….
Name of the Bank officer: …………………………….. Designation: ……………………………………
Complete Postal address of Bank: …………………… Telephone Numbers

Page 27 of 33
Annexure-VI

Page 28 of 33
 Annexure-VII

Bidder’s profile & Questionnaire.

Tenderer / Bidder’s Profile & Questionnaire
(To be filled in and submitted by the bidder)
A) Tenderer’s Profile
1. Name of the Individual/ Firm: ………………………………………………
2. Present Correspondence Address …………………………..………………
…………..…………………………………………………………………………
…………………………..…………………………………………………………
Telephone No. …………………………….. Mobile No. ………………………... FAX No.
…………………………………………………………………………
3. Address of place of Works/ Manufacture
……….…………….………………………………………………. …………………
………………….………………………………………………………………………
Telephone No. ..……………………….. Mobile No. ……………………………
4. State the Type of Firm: Sole proprietor-ship/partnership firm / (Tick the
correct choice): Private limited company.
5. Name of the sole proprietor/ partners/ Director(s) of Pvt. Ltd Co.:
S. Name Father’s Designation
No. Name
1.
2.
3.
4.
5.

6. Name of the person authorized to enter into and execute contract/ agreement and the
capacity in which he is authorized (in case of partnership/ private Ltd company):
……………………………………………………………………………………………………………………………
……..………………………………………………………….
7. Permanent Account No. : ………………………………………………………
Page 29 of 33
8. Details of the Bidder’s Bank for effecting e-payments:
(a) Beneficiary Bank Name:………………………………
(b) Beneficiary branch Name:…………………………….
(c) IFSC code of beneficiary Branch……………………..
(d) Beneficiary account No.:……………………………….
(e) Branch Serial No. (MICR No.):………………………...
9. Whether the firm has Office/ works (i.e. manufacture of the tendered item) in Delhi? If
so state its Address
……………………………………………………………………………………………………………………………
……………………………………………
B) Questionnaire
1. Do you think any other detail/ material is required to complete the work specified in
the specification? Yes/ No.
1.1 If Yes, Give details
………………………………………………………………………………………
………………………………………………………………………………………
2. Do you think any other item of work need be included in tender form to complete the
work specified in the specification? Yes/ No.
2.1 If Yes, Give details
………………………………………………………………………………………
………………………………………………………………………………………
3. Kindly indicate the maximum Quantity of tendered material which you are capable of
supplying within the scheduled delivery period.
Name of the tendered Item Qty that can be supplied by the
firm within scheduled delivery
period.

4. Suggestion for improvement of the tender document.

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

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 ANNEXURE-VIII

Bid Form

GeM Bid No: _________________________________ Dated: _____________

A : (Name & Address of the Purchaser)

To: AGM (TENDER),

O/o. CGMT, Gujarat Circle
8th floor, Telephone Bhavan, Ahmedabad-6.
Dear Sir,

1. Having examined the conditions of contract and services to be provided as per GeM Bid
No. _______________________________________________receipt of
which is hereby duly acknowledged, we, the undersigned, offer to provide commercial
vehicles in conformity with the said conditions of contract and specifications for the sum
shown in the schedule of prices attached herewith and made part of the financial Bid.

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

alteration and replacement.
3. We agree to abide by this Bid for a period of ……….days from the date fixed for Bid
opening or for subsequently extended period, if any, agreed to by us. This bid shall remain
binding upon us up to the aforesaid period.
4. We understand that you are not bound to accept the lowest or any bid, you may receive.
5. If our Bid is accepted, we will provide you with a performance guarantee from a Scheduled
Bank for a sum @ 5% of the contract value for the due performance of the contract.
6. If our Bid is accepted, we undertake to complete delivery of all the items and perform all
the services specified in the contract in accordance with the delivery schedule specified.
7. Until a formal Purchase Order of Contract is prepared and executed, this Bid together
with your written acceptance thereof in your notification of award shall constitute a
binding contract between us.

Dated this ……………………..Day of ……………….2025

Signature of

In capacity of

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

Address …………………………………….

Signature

CHECK LIST FOR THE BIDDERS

Documents forming part of the bid as per the clauses of ATC: -
Sl Documents to submitted offline and Scanned Copy to Submitted
NO be uploaded on GeM portal YES/NO
EMD/ Bid Security Deposit (if not submitted using online
1 mode)

Sl Documents to submitted online on GeM portal Submitted

NO YES/NO
EMD/ Bid Security /Bank Transaction details with UTR Number
towards the successful-payment for EMD OR valid proof of
1 being exempted like Udyam Registration Certificate for MSE
(Micro & small Enterprise)
Technical Qualification documents as per Eligibility criteria
2 Clause 2(i)
Financial Qualification documents as per Eligibility criteria
3 Clause 2(ii).
Bid Specific OEM/Manufacturers Authorization Form (MAF)
4 letter/certificate from OEM as per Eligibility criteria Clause
2(iii)
Valid PAN Card & Goods and Service Tax certificate (GST) of the
5 bidder as per Eligibility criteria Clause 2(iv).
6 Certificate regarding ISO as per Eligibility criteria Clause 2(v)
Latest Datasheet as per Eligibility criteria Clause 2(vi)
7
Undertaking regarding Product Life & Shelf Life as per
8 Eligibility criteria Clause 2(vii).
Malicious Code Certificate as per Eligibility criteria Clause
9 2(viii)

Valid GST certificate/supporting document/undertaking in the

name of OEM/Bidder as a proof for having registered
10 office/Service Center in Gujarat as per Eligibility criteria Clause
2(xii)
Duly filled & signed Undertaking & Declaration as per
11 Annexure-I

Self-declaration regarding Near relative in BSNL as per format

12 ANNEXURE-II (to be submitted individually by all directors/
all partners/ Sole proprietor as the case may be)
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13 Self-declaration for Local Content regarding MII(Annexure-III)
14 Indemnity Undertaking (Annexure-VI)
Filled and signed Bidder’s Profile & Questionnaire (Annexure-
15 VII)
16 Filled and signed BID Form (Annexure-VIII)
List/ Name(s) of all Directors/all partners/ Sole Proprietor as
17 the case may be
Article or Memorandum of Association or Partnership deed (if
not a proprietor firm) as the case may be. In case of proprietary
18 firm, copy of establishment with appropriate authority (Nagar
Nigam/Nagar Panchayat/Shop & Establishment Act office/GST
etc.).
19 Any other supporting documents asked for in bid document.

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