“EXPRESSION OF INTEREST” - Bharat Sanchar Nigam...

NOTICE INVITING EOI BSNL

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Seal &Sign of Bidder

“EXPRESSION OF INTEREST”

FOR

APPOINTMENT OF A CONSULTANT TO ADVISE, ASSIST AND PREPARE A

TENDER DOCUMENT TO OUTSOURCE PASSIVE INFRA “O&M” ACTIVITIES

ALONG WITH “SALES AND MARKETING” OF TOWER SITES OF BSNL

(Through e-tender bidding process)

EOI NO. CA/CM/Consultant-NIT/E-459/2013 issued on 27/12/2013.

BHARAT SANCHAR NIGAM LIMITED (A Government of India Enterprise)

MMT Section, Bharat Sanchar Bhawan, Janpath, New Delhi-110001

Visit us at www.bsnl.co.in


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INDEX

PART – I (ELIGIBILITY CUM TECHNICAL BID)

Sl. No. Details Pages

From To

1. Index 2 2

2. Section I: Notice Inviting Expression of Interest

3 8

3. Section II: Terms & Condition of EOI

9 31

4. ANNEXURE – I : Proforma for Details of top 3 Qualifying Projects as per Eligibility

Criterion Section-II, Clause-4 (ii)(A) 32 32

5. ANNEXURE – I A : Proforma for Details of top 4 Qualifying Projects as per Eligibility

Criterion Section-II, Clause-4 (ii)(B) 33 33

6.

ANNEXURE- I B : Proforma for Details of top 6 (Six) consultancy projects for

i)Tender/Bid Preparation/ Processing,OR ii) O&M activities, Or iii) Sales & Marketing

activities, OR iv) Evaluation of commercial model in passive infra industry as per

Evaluation of Bid Section II, clause-12[b]

34 34

7. ANNEXURE – II, II A & II B: Experience for providing consultancy as stipulated in

the Eligibility Condition. Section-II, Clause-4 (ii) (A), 4(ii)(B), & Evaluation of Bid

Section-II, Clause-12[b]

35 36

8. ANNEXURE – III : Proforma for details of Key Professionals employed with the bidder

in India 37 37

9. ANNEXURE – III A : Proforma for supplying bio-data of Key Professionals employed

with the bidder in India 38 38

10. ANNEXURE – IV: Consultancy turnover in the last three financial years 39 39

11. ANNEXURE – V: Proforma for Performance Bank Guarantee 40 41

12. ANNEXURE – VA: Proforma for Bank Guarantee for EMD 42 42

13. ANNEXURE – VI: Proforma for Agreement to be signed with the successful bidder 43 44

14. ANNEXURE – VII: Proforma for Declaration for downloaded EOI document from

website 45 45

15. ANNEXURE – VIII: Proforma for Declaration of near relatives

46 46

16. ANNEXURE – IX: Proforma for communicating the acceptance by BSNL 47 47

17. ANNEXURE – X: List of Activities to be undertaken by the consultant under the EOI 48 50

18. ANNEXURE – XI: Self Declaration [As per clause-4(ii)(A), (B) & 12[b] 51 51

19. ANNEXURE – XII: BIDDER’S PROFILE

52 53

20. ANNEXURE-XIV: Conditions applicable for Participation of Consortiums in EOI

55 55

21. ANNEXURE-XV: UNDER-TAKING (To be submitted by all members of Consortium) 56 56

22. ANNEXURE-XVI: Special Instructions To Bidders On E-Tendering Process 57 62

PART – II (FINANCIAL BID)

1. ANNEXURE-XIII – Proforma for Financial Bid 54 54


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Section-I

BHARAT SANCHAR NIGAM LIMITED

(A Government of India Enterprise)

EOI NO: CA/CM/Consultant-NIT/E-459/2013 issued on 27/12/2013

Part I – ELIGIBILITY-CUM-TECHNICAL BID

NOTICE INVITING EXPRESSION OF INTEREST (NIEOI)

Bharat Sanchar Nigam Limited (BSNL), a wholly owned Public Sector Enterprise of the Govt. of India, is a

leading Telecom Service Provider in India with pan India presence (except in Delhi & Mumbai Metro City Service

Areas) along with the dominant market share in the Landline Telephony, Cellular Mobile Telephony, Internet, Broad

Band services etc. and having robust telecom infrastructure along with telecom tower infrastructure spread PAN

India .BSNL at present is having about 60,000 towers comprising both Ground Based Towers (GBT) and Roof Top

Towers (RTT) spread throughout the country. The towers are either on BSNL/DOT land and Buildings or on

leased/rented land/buildings.

The Operation and Maintenance of the Passive Infrastructure of the tower sites in a best possible way

keeping the TRAI, DOT and Industry requirement has now emerged as one of the challenging issue to compete in

the present very tight and competitive Telecom industrial environment. BSNL in its own way is operating and

maintaining its tower sites either by its staff or by outsourcing some of the activities[ like O & M of BTY, Power

Plant, DG sets, Air Conditioners etc.] to the specialized available vendors depending on the conditions at the

ground level in the various circles. However now it is felt that the O&M activities of the passive Infra Components

are to be outsourced to one agency instead of multiple agencies. It is also felt that this step will also help utilizing

toward the OPEX more efficiently and will be beneficial for the company.

However, there was an excellent opportunity for generating the additional revenue for BSNL by leasing out

the tower sites to other operators [TSPs] during the last 3-4 years but BSNL could not capitalized this

opportunity to the fullest. BSNL feel that still there is enough scope for leasing out of the tower sites to the

TSPs by proper mechanism of Sales and Marketing activity. Since BSNL is the TSP and do not have the expertise

of sale and marketing therefore it was felt and necessitated to out-source this activity also to the business

partner.

Therefore BSNL is in search of a consultant

a) To Assess the prevailing outsourcing models / mechanisms for Operations & Maintenance (O&M) and Sales

and Marketing (S&M) of passive infrastructure provisioning services in the industry, and mapping of the

advantages and shortcomings of these models vis-à-vis strategic and commercial fit with BSNL.

b) To Develop various options/alternative mechanisms for outsourcing of O&M and S&M based on market

discussions and strategic requirements of BSNL, and finalization of a model in consultation with BSNL

management.

c) To Undertake detailed financial analysis to estimate the potential returns from the planned outsourcing

activity and find out the way to transfer the upcoming O&M CAPEX liability of BSNL tower sites to the

O&M agency. This may be based on potential for increased tenancy for the tower base with outsourcing of

S&M to monetize the tower assets and lower operational costs of O&M maintaining the efficiency of tower

sites as per the industry norms. .

BSNL therefore invites online digitally sealed Expression of Interest for selection/appointment of consultant to

advise, assist and prepare a tender document to outsource passive infra “O&M” activities along with “Sales and

Marketing” of its tower sites after analyzing the market trend and discussion with the potential bidders as

stated above and manage the tendering process.

For aforesaid purpose:


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1) Online digitally sealed ‘EXPRESSION OF INTEREST (EOI) for appointment of a consultant to advise, assist

and prepare a tender document to outsource passive infra “O&M” activities along with “Sales and Marketing” of

tower sites of BSNL after analyzing the market trend and discussion with the potential bidders and manage

the tendering process , is hereby invited online in two bid system from the eligible Consultants in the

prescribed Bid document by AGM(MMY), BSNL CO, New Delhi up to 1500 hrs on the date mentioned below

2) The bid document can be downloaded from BSNL website www.bsnl.co.in. The same document (called official

copy on ETS portal) shall be available for downloading from e-tendering portal ( https://www.tcil-india-

electronictender.com), from date of settlement of pre-bid queries to penultimate date of the last date of

submission of EOI. The cost of the EOI document @ Rs. 1,000- (Rupees One Thousand only) including all

taxes shall be payable in the form of Demand Draft drawn on scheduled Indian bank in favour of AO [Cash],

BSNL Corporate Office, payable at New Delhi at the time of submission of bids, failing which the online bids

shall be archived un-opened in the e-tender portal.

3) In case of any correction/ addition/alteration/omission found in the document submitted by the bidder vis-à-

vis the document available on website, the bid shall be treated as non-responsive and summarily rejected.

4) ELIGIBILITY CRITERION:-

The intending bidder will submit the online bid document in electronic tendering system along with the

scanned attested copies of the documents fulfilling the following eligibility criteria :-

i. The invitation to respond to the EOI is open to any of the Company registered under the

Companies Act 1956. In addition, the bidders who have obtained a Certificate of Establishment

of place of business in India issued by Registrar of Companies may also participate. The bidder may also participate in the EOI through Consortium fulfilling the conditions prescribed in

Annexure-XIV. In case of consortium, the partners will have to give undertaking as mentioned in

the Annexure-XV.

ii. The consultant should possess experience in providing the consultancy services during last 5

[five] years (from the last date of submission of bid) to corporates in India in ANY of the below

listed areas:

a) Organization Restructuring

b) Advisory on the issues related to Finance [including on Tax advisory]

c) Advisory on the Business Improvement

d) Advisory on Performance enhancement

e) Advisory on Operations & Maintenance activities

f) Advisory on Sales and Marketing activities

g) For Tender/Bid Preparation/Processing.

h) Evaluation of commercial model for passive infra industry

fulfilling both the below listed conditions:

A) The bidding consultant(s) should possess experience in providing at least one consultancy in

Central/State Government or Central/State PSUs in the last Five years of any of above type till the date of bid submission. In support of this, the Bidder has to submit copy of Completion Certificate from client. In case the completion certificate is not available then bidder has to provide a self certification to the effect that the work has been completed along with supporting document like - Copy of work order or engagement letter OR copy of the recommendation letter from client OR any other documentary proof in support of proof


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of consultancy.

B) The bidding consultant should have successfully completed at least one consultancy work of any of above type of fee value more than Rs. 10 Lakhs during last Five years till the date of bid submission for any “Licensed Telecom Service Provider” or “Telecom Infra Providing Company” having IP-1 Registration Certificate” in India. In support of this, the Bidder has to submit copy of Completion Certificate from client. In case the completion certificate is not available then bidder has to provide a self certification to the effect that the work has been completed along with supporting document like - Copy of work order or engagement letter OR copy of the recommendation letter from client OR any other documentary proof in support of proof of consultancy. Bidder is also required to submit proof of indicative fee value either in the form of a certificate from any Chartered Accountant or bidder has to submit a self certification that the project fees was more than Rs. 10 lakhs.

iii The bidding consultant(s) should have minimum annual turnover of Rs.5 Crores (five Crores

only) during immediate last three consecutive financial years (FY 2010-11, 2011-12,2012-13 ending 31st March) from the operations in India purely from the consultancy services. [Please attach copy of Audited Annual Report OR Audited Balance Sheet/P & L Account in support of above for all the three years (i.e. FY 2010-11, 2011-12, 2012-13). The bidder, who is not providing exclusive Consultancy services, shall submit the component of their turnover attributable to consultancy services duly certified by any Chartered Accountant.

iv. Any of the Indian subsidiary company, which is seeking qualification on the financial strengths of

its parent company, would have to give a written undertaking from the parent company that it

would bear all financial or contractual liabilities of the subsidiary with regard to this EOI.

However, the condition of experience as mentioned at serial number (ii)A and (ii)B herein above shall have to be satisfied by the bidding Indian company only.

v. The bidding consultant should not have been barred, blacklisted or banned from having business

dealings with / by any of the Government Depts./Government PSUs. The bidder has to give an

undertaking, duly signed by the authorized signatory to this effect. If the undertaking is

found to be false at a later stage, after the appointment of Consultant, the said appointment is

liable for termination with immediate effect without any notice.

vi. The Bidder should have a valid service tax registration number.

5) The cost of the EOI document is to be submitted offline in the manner prescribed in Section-I,

Clause-2 above and the scanned copy of the same to be uploaded along with the EOI Bid.

Further, a declaration thereof as per Annexure VII shall also be furnished in the bid.

6) The time allowed for the job will be 70 days from the 16th day from the date of award letter

by BSNL.

7) The bidder shall furnish a Bid security/ Earnest Money Deposit (hereinafter called EMD) along

with EOI of amount Rs.85,000/-( Rupees eighty five thousand only). Earnest Money shall be in

the form of Demand Draft drawn on Scheduled Indian Bank in favour of AO (Cash), BSNL

Corporate Office, New Delhi-110001 or in form of Bank Guarantee in the proforma given at

Annexure-VA from a scheduled Indian Bank. EMD in original shall be submitted offline to the

AGM (MMY), 2nd Floor, BSNL CO, New Delhi-110001 before 15:00 hours on Bid closing date and a

scanned copy of the same shall be uploaded with the EOI bid.

8) Details for obtaining the prescribed Bid document, receipt and opening thereof shall be as

follows:-


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S.

No.

Stage Time & Date

A Start date of availability EOI Document on BSNL

website and e-tender portal

27/12/2013

B Last date for download of EOI document Up to one day prior to last date

of submission of bids

C Last date for receipt of queries from bidders Within 7 days from the date of

availability of EOI document on

BSNL Website. i.e by 03/01/14

D Start date of availability EOI Document on e-

tender portal for start of bidding process.

After settlement of pre-bid

queries of bidders

E Last date and time for receipt of sealed bids

(both techno-commercial & Financial).- Bid Closing

date

Up to 1500 hrs on 31/01/2014

F

Time and date for opening of Eligibility cum

Technical Bid.

1530 hrs on the last date of

receipt of the bids i.e.

31/01/2014

G Time and date for opening of financial bid. Will be intimated after

evaluation of eligibility bid.

9) The EOI bid should be submitted online in electronic tendering system in the following manner:-

I. The Bid should be submitted online in two Bid system in two parts namely Technical Bid Part and

Financial Bid Part along with electronic form.

II. The Part-I, i.e. Eligibility cum Technical Bid should contain the scanned copy of Earnest

Money, digitally signed complete prescribed Bid document, scanned copies of the payment

instrument towards cost of EOI bid document, the ‘Declarations’ as prescribed in the EOI

document, the asked for details in the prescribed proformas, scanned self attested copies of

the documents/testimonials/certificates meeting the eligibility conditions and the power of

attorney, if any.

III. The Part-II, i.e. Financial Bid should contain Financial bid duly filled up in the prescribed

Proforma, digitally signed and encrypted.

IV. Any deviation from the above manner shall render the bid liable for the rejection.

10) The Eligibility-cum-Technical Bid will be opened online, in the online presence of the bidders.

The bidders or their authorized representatives can also attend the event at BSNL office

located at BSNL CO, Janpath, New Delhi – 110001 at 15:30 Hrs on Bid Closing date .

11) Financial bid (of only those bidders who qualify in Eligibility-cum-Technical bid) shall be opened

online in the online presence of the authorized representatives of the bidders.

12) In case of the attested copies of the documents/testimonials/certificates, original copies

thereof should be produced by the bidder on demand before opening of the Financial Bid.

13) The bid in which any of the prescribed conditions are not fulfilled is liable to be summarily

rejected.


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14) The bidder is advised to acquaint himself with the work specified in the prescribed EOI

document and to satisfy himself by carefully examination before submitting his bid as nature of

the work involved, nature and magnitude of the work and to make local and independent enquiries

and to obtain complete information as to the matters and things referred to or implied in the

EOI document or having any connection therewith, and to consider the nature and extent of all

the probable and possible situations, delays , hindrances or interferences to or with the

execution and completion of the work to be carried out under the contract, and to examine and

consider all other matters, conditions and things and probable and possible contingencies, and

generally all matters incidental thereto and ancillary thereof affecting the execution and

completion of the work and which may influence him in making his bid. A bidder shall be deemed

to have full knowledge of the work whether he inspects it or not and no extra charges

consequent on any misunderstanding or otherwise shall be allowed. Submission of the bid by a

bidder implies that he has read this notice and all other contract documents and has made

himself aware of the scope of the work to be done and local conditions and other factors having

bearing on the execution of the work.

15) However, it should be clearly understood that any cost incurred for collection of preliminary

information, for preparation of the proposal, for attending the pre-bid conference or for any

subsequent negotiations will not be reimbursable.

16) Canvassing whether directly or indirectly, in connection with the bids, is strictly prohibited and

the bid of the bidders, who resort to canvassing, will be liable to rejection.

17) The competent authority on behalf of Bharat Sanchar Nigam Limited reserves with himself the

right of accepting the whole or any part of the bid and the bidder shall be bound to perform the

same in accordance with the amount quoted by him in the bid/proportionate amount worked out

with mutual consent at the time of acceptance.

18) The bidder shall not be permitted to bid for the work in the BSNL Corporate Office in which his

near relative(s) (as defined in Annexure-VIII) is/are posted in any capacity either non-

executive or executive employee. The bidder shall also intimate the names of persons who are

working with him in any capacity or are subsequently employed by him and who are near relative

to any executive employee/gazetted officer in the BSNL or Department of Telecom or in

Ministry of Communications. Any breach in this regard shall render the bid/work of the bidder

cancelled and Earnest Money / Performance Guarantee will be forfeited at any stage whenever it

is so noticed. BSNL will not pay any damages to the Consultant, but the damages arising on

account of such cancellation to be borne by such Consultant. Such Consultant will also be

debarred for further participation in the tender in the BSNL.

19) The competent authority on behalf of Bharat Sanchar Nigam Limited do not bind himself to

accept the lowest or any other bid and reserves to himself the authority to reject any or all of

the bids received without assignment of a reason. All the bids, in which any of the prescribed

condition including that of conditional rebate is put forth by the bidder, shall be summarily

rejected.

20) The bid shall remain open for acceptance for a period of 120 days from the last date of

submission of bid. If any bidder withdraws his bid before the said period or issue of letter of

acceptance/intent, whichever is earlier, or, makes any modifications in the terms and conditions

of the bid then the BSNL shall, without prejudice to any other right or remedy, be at liberty to

forfeit 50% of the said earnest money as aforesaid.

21) The successful bidder shall, upon issue of letter of acceptance of their bid, be required to

furnish Performance Guarantee @ 5% of the bid amount, in the form of Bank Guarantee of any


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Scheduled Indian Bank in prescribed proforma to BSNL,CO (Annexure-V) within 15 days of the

issue of letter of acceptance of their bid by the BSNL. In the event of failure on the part of

the successful bidder to furnish the Performance Bank Guarantee within 15 days, the earnest

money deposit will be forfeited and their bid be cancelled. The PBG shall be initially valid for a

period of 180 days beyond the stipulated date of completion of the work. In case the time

for completion of the work gets enlarged, the consultant shall get the validity of the

Performance Bank Guarantee extended, at his own cost, to cover such enlarged time for

completion of work.

22) This EOI shall form part of the contract agreement of the work.

23) The letter of acceptance shall be issued first in favour of the successful bidder. After

submission of the performance bank guarantee, the letter for award of work shall be issued.

The contract shall be deemed to have come into effect on issue of letter of acceptance of the

bid. On issue of the letter of award, the successful bidder shall within 15 days from such date,

formally sign the agreement. After signing of the Contract Agreement, no variation in or

modification of the term of the Contract shall be made except by written amendment signed by

the parties. The draft Contract Agreement is enclosed as Annexure-VI.

24) The selected Consultant shall not be allowed to participate in the bidding for other activities

involved in this Project, either directly or indirectly to avoid conflict of interest between BSNL

and consultant.

25) The EOI document/forms shall not be issued by post/courier. Further, Bids shall not be

received by post/courier/fax.

AGM(MMY)

BSNL Corporate Office, Janpath,

New Delhi

TERMS & CONDITIONS BSNL

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SECTION-II

TERMS AND CONDITIONS OF EXPRESSION OF INTEREST

1. INTRODUCTION:

Bharat Sanchar Nigam Limited (BSNL), a wholly owned Public Sector Enterprise of the Govt. of India, is a leading

Telecom Service Provider in India with pan India presence (except in Delhi & Mumbai Metro City Service Areas)

along with the dominant market share in the Landline Telephony, Cellular Mobile Telephony, Internet, Broad Band

services etc. and having robust telecom infrastructure along with telecom tower infrastructure spread across the

country.BSNL at present is having about 60,000 towers comprising both Ground Based Towers (GBT) and Roof Top

Towers (RTT) spread throughout the country. The towers are either on BSNL/DOT land and Buildings or on

leased/rented land/buildings. The indicative Details of the BSNL Towers is available in Annexure-XVI.

The Operation and Maintenance of the Passive Infrastructure of the tower sites in a best possible way

keeping the TRAI, DOT and Industry requirement has now emerged as one of the challenging issue to compete in

the present very tight and competitive Telecom industrial environment. BSNL in its own way is operating and

maintaining its tower sites either by its staff or by outsourcing some of the activities[ like O & M of BTY, Power

Plant, DG sets, Air Conditioners etc.] to the specialized available vendors depending on the conditions at the ground

level in the various circles. However now it is felt that the O&M activities of the passive Infra Components are to

be outsourced to one agency instead of multiple agencies. It is also felt that this step will also help in utilising the

OPEX more efficiently and will be beneficial for the company.

However, there was an excellent opportunity for generating the additional revenue for BSNL by leasing out the

tower sites to other operators [TSPs] during the last 3-4 years but BSNL could not capitalized this opportunity to

the fullest. BSNL feel that still there is enough scope for leasing out of the tower sites to the TSPs by proper

mechanism of Sales and Marketing activity. Since BSNL is the TSP and do not have the expertise of sale and

marketing therefore it was felt and necessitated to out source this activity also to the business partner.

Therefore BSNL is in search of a consultant

a) To Assess the prevailing outsourcing models / mechanisms for Operations & Maintenance (O&M) and Sales and

Marketing (S&M) of passive infrastructure provisioning services in the industry, and mapping of the advantages

and shortcomings of these models vis-à-vis strategic and commercial fit with BSNL.

b) To develop various options/alternative mechanisms for outsourcing of O&M and S&M based on market


management.

c) To undertake detailed financial analysis to estimate the potential returns from the planned outsourcing activity

and find out the way to transfer the upcoming O&M CAPEX liability of BSNL tower sites to the O&M agency.

This may be based on potential for increased tenancy for the tower base with outsourcing of S&M to monetize

the tower assets and lower operational costs of O&M maintaining the efficiency of tower sites as per the

industry norms. .

BSNL therefore invites online digitally sealed Expression of Interest for selection/appointment of consultant to

provide consultancy services in Assisting, Advising and Preparing the Tender Document to outsource passive infra

“O&M’ activities along with “Sales and Marketing” of its tower sites after analyzing the market trend and discussion

with the potential bidders as stated above and manage the tendering process.

2. DEFINITIONS:


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Unless the context otherwise requires, the following terms whenever used in this EOI and Contract

have the following meanings:

(a) “Applicable Law” means the laws and any other instruments having the force of law in India as

they may be issued and in force from time to time.

(b) “EOI” [Expression of Interest} means proposal submitted by bidders in response to the EOI

issued by BSNL for appointment of Consultant.

(c) “Competent Authority” means the DIR-CM, CMD, BSNL, New Delhi.

(d) “Committee” means committee constituted by CMD/DIR-CM, BSNL for evaluation of EOI.

(e) “Consultant” means any private or public entity, appointed by BSNL in pursuance of this EOI,

which will provide the services to BSNL under the contract.

(f) “Contract” means the documents forming the EOI and acceptance thereof and the formal

agreement executed between the competent authority on behalf of BSNL and the successful

bidder, together with the documents referred to therein including these conditions, the

specifications, designs, drawings and instructions issued from time to time by the BSNL and all

these documents taken together, shall be deemed to form one contract and shall be

complementary to one another.

(g) “Day” means Calendar day

(h) “Effective date” means the date on which the contract comes into force and effect.

(i) “Government” means the Government of India.

(j) “BSNL” means Bharat Sanchar Nigam Limited (A Government of India Enterprise) having its

registered office at Bharat Sanchar Bhawan, Harish Chandra Mathur lane, Janpath, New Delhi-

110001 and shall include their legal representatives, employees and permitted assigns.

(k) “Personnel” means professional and support staff provided by the Consultant and assigned

to perform services to execute an assignment and any part thereof.

(l) “Services” means the work to be performed by the Consultant pursuant to the appointment by

BSNL and to the contract to be signed by the parties in pursuance of any specific assignment

awarded to them by BSNL.

(m) “The Bidder” means the entity which participates in the EOI and submits its bid.

(n) The “Tower Assets” means the site/tower along with other associated assets such as DG Sets,

Battery, Power Plant, Land/Bldg., Electrical Installations etc.

(o) Where the context so requires, words imparting the singular only also include the plural and vice

versa. Any reference to masculine gender shall whenever required include feminine gender and

vice versa.


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(p) O&M activities: These are the activities in relation to operation and maintenance of the passive

infra component of a Tower site. The passive infra component shall broadly include DG sets,

power conditioning equipment, power plant, battery, electrical installation, air conditioners, free

cooling units, aviation light, earthing of the equipment, renewable energy technology equipments,

watch& ward, carriage and filling of fuel etc.

(q) Sales and Marketing of Tower assets: Activities which deals with marketing of BSNL tower

sites to other TSPs and subsequent efforts for their leasing the tower sites for monetizing

purpose..

(r) Green technology: Shall mean the powering of tower using Renewable Energy Technology ( RET) .

3. SCOPE OF THE WORK:

Phase I Advising of outsourcing model and preparation of Tender Document

(a) Understanding of the current Operations & Maintenance (O&M) and Sales and Marketing (S&M) model

followed by BSNL in different circles for its telecommunication towers sites.

(b) Assessment of the prevailing outsourcing models / mechanisms for Operations & Maintenance (O&M) and

Sales and Marketing (S&M) of passive infrastructure of BTS Tower Sites in the industry, in consultation

with the prospective bidders – infrastructure service providers, O&M service providers, S&M agencies to

understand the market practices and trends and mapping of the advantages and shortcomings of these

models vis-à-vis strategic and commercial fit with BSNL.

(c) Development of various options/alternative mechanisms for outsourcing of O&M and S&M based on market


management.

(d) Collection and compilation of the relevant data from circles that BSNL operates in, various BSNL units of

Corporate office and from the industry to establish required baselines required for completing the

engagement.

(e) Undertake detailed financial analysis to estimate the potential returns from the planned outsourcing

activity and find out the way to transfer the upcoming O&M CAPEX liability of BSNL tower sites to the

O&M agency . This may be based on potential for increased tenancy for the tower base with outsourcing of

S&M to monetize the tower assets and lower operational costs of O&M maintaining the efficiency of tower

sites as per the industry norms. .

(f) Assessment of the regulatory aspects of the proposed outsourcing activity and its strategic and

commercial impact on BSNL. The assessment will also include impact of implementation of “Green

Technology” at BSNL tower sites.

(g) Assessment of the risk perception associated working with BSNL and suggesting mechanisms to be

incorporated in the Tender document to mitigate such concerns to promote bidder participation.

(h) Suggest the qualification criteria for the bidders for the tender based on capabilities required by bidders

to meet desired service levels and also Suggest the evaluation mechanism for the bid.

(i) Preparation and Presentation of draft Tender Document (covering all commercial aspects) for outsourcing,

obtaining the feedback on the draft Tender Document from the prospective bidders, BSNL units &

management/Competent Authority, and incorporating them suitably in the document.

(j) All the coordination required with industry participants, prospective bidders, BSNL field units, BSNL units

& management for success of the engagement.

Phase II Tendering :


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(a) Assist in managing pre-bid meeting(s); compile and respond to issues raised by bidders in

consultation with BSNL. This may be required to be done at a field unit / circle level.

(b) Assist in reply to the queries raised by the prospective bidder and also assist in amending the

Tender document[s] appropriately in consultation with the BSNL (if required) and prepare the

revised Tender document.

4. ELIGIBILITY CRITERIA: As per Clause 4 of Section-I of EOI document

5. SALE OF EXPRESSION OF INTEREST DOCUMENT

a) The bid document can be downloaded from BSNL website www.bsnl.co.in. The same document

( called official copy on ETS portal)shall be available for downloading from e-tendering portal(

https://www.tcil-india-electronictender.com), from date of settlement of pre-bid queries to

penultimate date of the last date of submission of EOI. The cost of the EOI document @ Rs.

1,000- (Rupees One Thousand only) including all taxes shall be payable in the form of Demand

Draft drawn on scheduled Indian bank in favour of AO [Cash], BSNL Corporate Office, payable

at New Delhi at the time of submission of bids, failing which the online bids shall be archived un-

opened in the e-tender portal.

b) The cost of the EOI document is to be submitted offline in the manner prescribed in para-(a)

above and the scanned copy of the same to be uploaded along with the EOI Bid.

6. APPLICATION FOR SUBMISSION OF EOI

(The bidder shall be required to submit the following application online along with the EOI)

To,

The DGM (MMT)

BSNL, CO,

New Delhi-110001

Sub: Submission of EOI for appointment of consultant to advise, assist and prepare a Tender

Document to outsource passive infra “O&M” activities along with “sales & marketing” of

tower sites of BSNL

Dear Sir,

I/We have read and examined the EOI document, terms and conditions thereof and other

documents and Rules referred to in the bid and all other contents in the EOI documents for the

consultancy.

I/We hereby submit our EOI for the Consultancy as per the stated scope of work within the

specified time schedule.

I/We hereby deposit a sum of Rs………../-(Rupees. ………… only) as earnest money deposit in the

prescribed manner


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I/We hereby submit all the documents mentioned in the EOI document.

I/We hereby submit the details of professional personnel available with me/us in accordance

with the EOI document.

I/We hereby submit the details of desired number of qualifying projects done by us in past,

at least one consultancy work in Govt. Deptt/PSU and at least one consultancy work of any type for

any “licensed Telecom Service Provider” or “Telecom Infra Providing Company having IP–I Registration

Certificate.”. Further, I/We submit details of our consultancy turnover in last three financial years.

I/We agree to keep the bid open for ------------- ( ) days from the date of opening of

financial bids thereof and not to make any modifications in its terms and conditions. If, I/We

withdraw my/our bid before the said period or before issue of letter of acceptance, whichever is

earlier, or makes any modifications in my/our bid, BSNL shall without prejudice to any other right or

remedy, be at liberty to forfeit 50% of the earnest money absolutely. Further, if I/We fail to

submit the performance bank guarantee in the prescribed period after issue of letter of acceptance

of the work within the specified time period, I/We hereby agree that BSNL shall without prejudice

to any other right or remedy, be at liberty to forfeit the said earnest money absolutely otherwise the

said earnest money shall be retained by the competent authority on behalf of BSNL towards

Performance Bank Guarantee to execute all the works referred to in the EOI document upon the

terms and conditions contained or referred to therein.

I/We hereby declare that I/We treat the EOI document, drawings and other records

connected with the consultancy as secret / confidential documents and shall not communicate

information / derived there from to any person except to whom, I/We may be authorized to

communicate the same or use the information in any manner prejudicial to the interest of the BSNL.

I/We agree that should I/We fail to commence the work specified in the above memorandum,

an amount equal to the amount of the performance guarantee and earnest money mentioned in the

form of invitation of Expression of Interest shall be absolutely forfeited to the BSNL and the same

may at the option of the competent authority on behalf of the BSNL be recovered without prejudice

to any right or remedy available in law out of the deposit in so far as the same may extend in terms of

the said bond and in the event of deficiency out of any other money due to me/us under this contract

or otherwise.

I/We agree that this contract is subject to jurisdiction of Court at New Delhi only (Where the

Notice for EOI has been issued).

The information in respect of work in hand is as per proforma enclosed.

Seal of Bidder

Signature of the authorized signatory

Postal Address:

Place: Date:

Witness:

Address:

Occupation:


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7. INSTRUCTIONS/GUIDELINES

a) The scope of work has been provided in Section-II,Clause-3. Since the information is indicative

in nature, the Consultant shall be required to gather the requisite information. In addition to

above, Consultant shall also be required to be aware of all the latest statutory provisions needed

to prepare the viability report of the project.

b) The intending bidder must use only the prescribed Proforma for the EOI document issued by

BSNL or download from the website www.bsnl.co.in or e-tender portal.

c) The intending bidder shall quote their consultancy fees on LUMP SUM in the prescribed

Schedule of Financial Bid (Part-II of EOI). Service tax, if any, should be quoted separately.

d) The bidders may raise their queries [if any] in response to this EOI within 7[Seven] days from the availability of this EOI on the BSNL website and there will be no Pre-Bid conference.

e) Submission of the bid by a bidder would imply that he has carefully read, understood and agreed

to the terms and conditions contained in the EOI document.

f) No conditional bid including conditional rebate shall be accepted. Conditional bid will be liable to

be summarily rejected.

g) The EOI/bid for the work shall remain open for acceptance for a period of One Hundred and

Twenty (120) days from the last date of submission of bid, which may be extended, if required,

by mutual agreement and the bidder shall not cancel, alter terms and conditions or withdraw the

offer during this period.

h) The time allowed for the job will be 70 days from the 16th day from the date of award letter

by BSNL.

i) Canvassing in any form whether directly or indirectly, in connection with bid, is strictly

prohibited and bid of the Consultant found to be canvassing, will be liable to rejection.

j) Bharat Sanchar Nigam Limited do not bind himself to accept the lowest or any other bid and

reserves to itself the authority to reject any or all of the bids received without assignment of a

reason. All the bids, in which any of the prescribed condition including that of conditional

rebate is put forth by the bidder, shall be summarily rejected.

k) BSNL reserves the right to accept or reject any Proposal, and to annul the appointment process

and reject all EOI at any time prior to award of contract, without thereby incurring any liability

to the affected bidder(s) or any obligation to inform the affected bidder(s) of the grounds for

such decision.

l) In case holiday is declared on the dates of receipt/opening of EOI, the date shall be deemed to

be extended to the next working day unless otherwise stated.

m) References, information and certificates/documents (only duly attested copies to be submitted)

from the respective clients submitted in compliance of terms and conditions of the EOI

document should be duly signed by the authorized signatory or wherever prescribed. In case of

the documents from a Government organization, it should be signed by the person not below the

rank of Executive Engineer or equivalent.

n) On acceptance of the bid, the name of the accredited representative(s) of the successful

bidder, who would be responsible for taking instructions from the BSNL, shall be communicated

in writing to the BSNL.

o) The bidder shall also submit self certification as specified in Eligibility Clause-4(ii) and

Evaluation of Bid clause-12[b] in the proforma at Annexure - XI.

p) The bidder shall also submit self certification as specified in Evaluation of Bid Clause-12[b] in

the proforma at Annexure - XI.


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q) The bidder shall be deemed to have satisfied himself before bidding as to the correctness and

sufficiency of his bid for the works and the quoted amount except as otherwise provided, cover

his entire obligation under the contract and all matters and things necessary for proper

completion of the work.

r) The successful Consultant shall be required to execute an agreement on non-judicial stamp paper

as per the Performa annexed to this EOI document, with the BSNL within 15 days of issue of

letter of appointment by the BSNL.

s) The stamp duty payable under the law in respect of this agreement shall be borne by the

Consultant.

t) The works to be executed under the contract shall be executed under the direction and subject

to the approval in all respect of the In-charge from BSNL who shall be entitled to direct at

what point or points and in what manner they are to be commenced, and from time to time

carried on.

u) The BSNL shall be at liberty to object to and require the consultant to remove from the work

any person, who in his opinion misconducts himself, or is incompetent or negligent in the

performance of his duties or whose employment is otherwise considered by the BSNL

undesirable. Such person shall not be deployed again at the work without the written permission

of the BSNL and the person so removed shall be replaced as soon as possible by competent

substitute.

v) If at any stage, it is found that the consultant has supplied incorrect / wrong information, the

contract agreement may be terminated by the BSNL and / or any other action, as deemed fit,

may be taken against the consultant without any prior intimation to the consultant.

8. METHOD OF APPLICATION

a) The bidder shall submit his bid, online, complying with all eligibility conditions and other terms

and conditions of EOI bid document to be read along with the clarifications and amendments

issued in this respect. All the documents must be authenticated using Digital Signature by the

authorized person.

b) The bid shall contain no interlineations, erasures or overwriting except as necessary to correct

errors made by the bidder in which case such corrected documents or revisions shall be

authenticated by the person signing the bid using digital signature.

c) The bid shall be digitally signed by the bidder or a person duly authorized to bind the bidder to

the contract. The letter of authorization shall be indicated by written power-of-attorney

accompanying the bid.

d) The Power of Attorney should be submitted and executed on the non-judicial stamp paper of

appropriate value as prevailing in the respective states(s) and the same be attested by a Notary

public or registered before Sub-Registrar of the states(s) concerned.

e) The Power of Attorney be executed by a person who has been authorized by the Board of

Directors of the bidder in this regard, on behalf of the Company.

f) In the event of the bid being submitted by a consortium of companies, it must be signed by lead

member of the consortium.

g) If the Consultant is a limited company, the bid shall be signed by a duly authorized signatory

holding power of attorney for signing the application. The power of attorney shall be on non-

judicial stamp paper of appropriate value and attested by Notary Public or Executive Magistrate

and its attested copy shall be furnished with the bid. The Consultant should also furnish a copy


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of the memorandum of articles of association duly attested by a Public Notary and it must

disclose that the Company is duly registered under the Indian Companies Act, 1956.

9. SUBMISSION & OPENING OF BIDS AND VALIDITY THEREOF:

a) Online Submission: The EOI bid should be submitted online in electronic tendering system in

the following manner:-

I. The Bid should be submitted Online in two Electronic Envelope system in two parts namely

Technical Bid Part and Financial Bid Part along with electronic form in each part.

II. The Part-I, i.e. Eligibility cum Technical Bid part should contain the scanned copy of Earnest

Money, digitally signed complete prescribed Bid document, scanned copy of the EOI bid

document cost, the ‘Declarations’ as prescribed in the EOI document, the asked for details in

the prescribed proformas, scanned attested copies of the documents/ testimonials/

certificates meeting the eligibility conditions and the power of attorney, if any. It should also

have details of key professionals employed with the bidder in India (In case the bidder is MNC,

details of the professionals working in India only shall be provided).

III. The Part-II, i.e. Financial Bid part should contain “Financial bid” duly filled up in the

prescribed Proforma, digitally signed and encrypted.

b) Offline Submissions:

I. The bidder is requested to submit the following documents Offline to AGM(MMY), BSNL CO,

Janpath, New Delhi-110001 before 15:30 hours on Bid closing date in a Sealed Envelope. The

envelope shall bear the name of work and the words ‘DO NOT OPEN BEFORE’ (due date &

time).

(i) Earnest money deposit (in Original).

(ii) Demand Draft towards cost of EOI document.

(iii) Power of Attorney in accordance with Section-II Clause-8 (Method of Application).

(iv) Pass-phrases for two electronic envelopes in two separate sealed envelopes

II. The Bidder shall also upload the scanned copy of all above said original documents during Online

Bid-Submission.

c) Any deviation from the above manner shall render the bid liable for the rejection.

d) At the time of opening the bids, initially offline submission/envelope of all bidders will be

opened. The Electronic envelope, consisting Eligibility cum Technical bid of only those bidders

will be opened who would have submitted required documents as offline submissions. The

Eligibility-cum-Technical Bid will be opened online, in the online presence of the bidders. The

bidders or their authorized representatives can also attend the event at BSNL office located at

BSNL CO, Janpath, New Delhi – 110001 at 15:30 hours on Bid closing date. The Part 1 of the bid

“Eligibility cum Technical Bid” shall be opened first. The 2nd part (Financial Bid) shall be opened

in the online presence of the qualifying bidders or their authorized representatives

subsequently on the date and time separately notified, only in case of those bidders whose


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Earnest Money, cost of bid document and eligibility is found in order and have scored a minimum

of 50% of the total marks in each category or as specified therein and 60% marks in

aggregate in the Eligibility cum technical bid.

e) Any bid received after the prescribed deadline of date and time shall not be opened and

summarily rejected.

f) EOI/Bid shall remain valid for acceptance for a period of 120 days from the last date of

submission of bid. The bid in which the bidder has restricted its validity for the period shorter

than the aforesaid shall be treated by BSNL as non-responsive. In certain circumstances, BSNL

may request in writing to the bidders for extending validity of their bid.

g) The un-opened bids shall be archived unopened after final decision is taken on the bids.

10. EARNEST MONEY DEPOSIT:

a) The bidder shall furnish an Earnest Money Deposit (hereinafter called EMD) along with EOI of

amount Rs.85,000/-( Rupees eighty five thousand only). Earnest Money shall be in the form of

either

(i) Demand Draft drawn on Scheduled Indian Bank in favour of AO(Cash), BSNL Corporate Office,

New Delhi-110001

Or

(ii) Bank Guarantee (BG) in the proforma given at Annexure-VA from a scheduled Indian Bank. The

BG should be valid up to 30 days beyond the period of bid validity.

b) On commencement of the work, EMD of the successful bidder shall stand converted into the

Performance Bank Guarantee. If the EMD has been submitted in the form of BG, then the

successful bidder will have to submit separate performance guarantee as per given format and

the EMD will be returned.

c) EMD of the unsuccessful bidder will be returned after finalization of the EOI.

d) If any bidder withdraws his bid before the expiry of the validity period of EOI/Bids, or before

the issue of letter of acceptance, whichever is earlier, or makes any modification in the terms

and conditions of the EOI which is not acceptable to BSNL, then BSNL shall, without prejudice

to any other right or remedy, be at liberty to forfeit 50% of the EMD absolutely and his bid

shall be cancelled.

e) The EMD shall be forfeited absolutely in the circumstances mentioned below. On forfeiture of

the earnest money, his bid shall stand cancelled and the consultant shall not be allowed to bid in

case of recall of EOI.

i. In case false declaration of near relatives (in Annexure-VIII) is found.

ii. In case any of the document submitted by the bidder in support of Eligibility Conditions are

found to be false or forged.

iii. In the event of failure on the part of the successful bidder to furnish the Performance

Guarantee within 15 days after the issue of letter of acceptance.

iv. In the event of failure on the part of the successful bidder to commence the work specified

in the EOI document on 16th day from the date of award of work.

v. On determination/rescission of the work.


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11. CHECKLIST OF THE DOCUMENTS TO BE SUBMITTED AGAINST EOI:

a) Eligibility-cum-Technical Bid part:

Online submission

i. Scanned copy of the Cost of the EOI document (in accordance with Section-II clause-5).

ii. Scanned copy of Earnest money in accordance with Section-II clause-10.

iii. Scanned copy of Declaration in the prescribed Proforma in accordance with Section-II, Clause-

6.

iv. Scanned copy of required Documents duly Signed by the Authorised Signatory of the bidder in accordance with Section-II Clause-4(i).

v. Scanned copy of required documents duly Signed by the Authorised Signatory of the bidder in accordance with Section-II Clause-4 (ii)(A) with detail of top 3 projects in Annexure-I. Along

with the self certification (in the format at Annexure-XI), if required.

vi. Scanned copy of required document duly Signed by the Authorised Signatory of the bidder in

accordance with Section-II Clause 4 (ii)(B) with detail of top 4 projects in Annexure-I A.

Along with the self certification (Annexure-XI), if required.

vii. Scanned copy of required document duly Signed by the Authorised Signatory of the bidder of possessing the experience in any of the area of i) Tender/Bid Preparation/Processing, Or ii) O

& M activities, Or iii) Sales & Marketing activities, Or iv) Evaluation of Commercial model

for telecom. Passive infra industry as per Evaluation of Bid Section-II,Clause-12 [b] with

detail of top 6 projects in Annexure-I B. Along with the self certification (Annexure-XI), if

required.

viii. Scanned copy of required Documents duly Signed by the Authorised Signatory of the bidder related to consultancy turnover in the last three years as per Section-II clause-4 (iii).

ix. Scanned copy of required undertaking as per Section-II Clause-4(iv).

x. Scanned copy of required undertaking as per Section-II Clause-4(v).

xi. Copy of Service tax registration certificate as per Section-II clause-4 (vi).

xii. Scanned copy of list of Directors on the Board of the company including their names/address(s)

and contact telephone numbers (Off. & residence), e-mail address, etc. duly signed and certified

by the Company Secretary.

xiii. Scanned copy of notary certified copy of resolutions of the Directors of the company,

authorizing MD or one of the Directors or Managers of the Company to sign EOI/Agreement,

such other documents required to be signed on behalf of the Company and enter into liability

against the company and/or do any other act on behalf of the company

xiv. Scanned copy of Power of attorney in accordance with Section-II Clause-8.


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xv. Details of the professionals employed with the bidder and proposed to be deployed for this project as per Annexure-III & IIIA.

xvi. The prescribed EOI bid document duly signed digitally by the authorized signatory in token of

acceptance of its terms and conditions in accordance with Section-II clause-8(a).

xvii. Declaration in case of downloaded EOI Document (as per Annexure-VII).

xviii. Declaration of near relative working in BSNL (as per Annexure-VIII).

xix. In case the bidder is a limited company, scanned copy of Memorandum and Articles of

Association and power of attorney of the authorized signatory of the EOI document is to be

submitted.

xx. Bidders profile as Annexure-XII.

xxi. In case of consortium , scanned copies of the following documents are to be submitted :-

a. Notary certified copy of resolutions of the Directors of the company, authorizing MD or one of

the Directors or Managers of the Company to sign Consortium Agreement, such other documents

required to be signed on behalf of the Company and enter into liability against the company

and/or do any other act behalf of the company.

b. Power of Attorney by the Company authorizing the person to do/act mentioned in the para (a)

above

c. Copy of Memorandum and Articles of Association of all the member Companies

d. Copy of Certificate of Registration & Incorporation of all the member companies

e. Audited Annual reports of Lead member for last three financial years

f. Power of Attorney in favour of Lead member.

g. Undertaking as per Annexure-XV by all members of the consortium.

h. Consortium Agreement between the bidding company and its consortium members, if any, clearly

highlighting the scope of work for each and clearly stating that the said agreement will be for

the entire period of agreement with BSNL and that the consortium members will be jointly and

severally responsible for complying with each of the terms and conditions in the EOI and

agreement with BSNL.

Offline submission

i. Cost of the Bid document in accordance with Section-II clause-5

ii. Earnest money in accordance with Section-II clause-10.

iii. Power of attorney (in original) in accordance with Section-II Clause-8.


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b) Financial Bid part:-

The financial bid duly filled up in prescribed proforma, digitally signed and then

uploaded.

12. EVALUATION OF BIDS:

a) Evaluation of the bids shall consist of :-

(i) Evaluation of Eligibility-cum-Technical Bid.

(ii) Evaluation of Financial Bid.

Evaluation will be based on a hybrid of technical and financial parameters. The weight of technical

evaluation will be 70%. And 30% for Financial evaluation

b) Evaluation of Eligibility-cum-Technical Bid:

i) The details given by the Consultant in the Eligibility-cum-Technical Bid will be evaluated by

scoring method. In case any information is not supported with documentary proof it will be

presumed that the bidder does not have that particular facility/performance. Marking shall

be done for each category based on documentary evidence wherever called for. Maximum

marks of this evaluation shall be 100 with the following break up:-

Technical

Category Minimum Marks

(for Qualification)

Maximum Marks

(based on number

of credentials

submitted)

Proforma for

evaluation

Experience in providing consultancy as

mentioned in the eligibility criterion

Section II, clause 4(ii)A

10 20 Annexure-I &

II

Experience in providing consultancy as

mentioned in the eligibility criterion

Section II, clause 4(ii)B

10 20 Annexure-I A

& II A

Evaluation of Key Professional Personnel

employed with bidder and proposed to be

deployed by the consultant for this project

5 10 Annexure-III

& IIIA

Turnover of the bidding company from

Consultancy work during last three years

5 10 Annexure- IV

Experience in providing consultancy services

for any Telecom Company [Govt./Public/Pvt.

Organisation] in India for any of the

following

i) Tender preparation/Tender Process

management, OR

0

[No minimum

marks for

qualification but

the experience of

consultancy

30 Annexure-I B

& II B


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ii) Sales & Marketing activities, OR

iii) O & M activities, OR

iv) Evaluation of Commercial model in the

Telecomm. Passive infrastructure

industry.

[5(five) marks for each experience]

services will be

given due

weightage in terms

of marks]

Presentation of 15 Minutes 5 10

Total 35 100

ii. It shall be compulsory for the bidder to give the presentation to qualify in the Eligibility cum

Technical Bid.

Note: the prospective bidder will be called for presentation at the appropriate time by the BSNL

along with the copy of presentation [in both soft and hard copy]

iii. Even though the bidder may satisfy the above requirements, he is liable to be disqualified if:

a) He makes misleading or false representation in the Annexures, statements and enclosures

required in the ‘Eligibility-cum-Technical Bid’.

b) His previous records of poor performance such as abandoning work, not properly completing

the contract, or financial failures/ weaknesses come into the notice of BSNL.

Iv The bidder will have to score a minimum of 50% of the total marks in each category and

60% marks in aggregate to qualify for opening of his financial bid, failing which he shall be

disqualified for opening of his financial bid.

v. Due weightage in terms of marks will be given to the bidder for having the consultancy

experience in any of i) Tender preparation/ Processing, Or ii) Sales & Marketing activities,

Or iii) O & M activities, Or, iv) Evolution of Commercial model for telecom.passive infra

industry as mentioned in Evaluation of bid, Section-II, clause 12[b]

vi. Decision of the BSNL in this regard shall be final and binding.

c) Evaluation of Financial Bid:

i. The Financial Bid duly filled up shall be submitted in the prescribed proforma as placed at

Annexure-XIII.

ii. The consultancy fee to be quoted in the aforesaid Financial Bid should be rounded off to the

nearest rupee. The price shall be firm and final and inclusive of all taxes and duties

exclusive of service tax which shall be reimbursed on production of documentary evidence

and verification of the same by BSNL.

iii. Financial bids of only those bidders shall be opened who qualify in the technical cum eligibility

bids.

Financial

Category Weight


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Financial quote 30%

Total Marks 100

d) Selection Methodology

The weightage to Technical and Financial bids would be 70% and 30% respectively. For this

purpose:

i. Technical Bid: The total marks obtained out of 100 mark in the technical bid shall be scaled

down to a maximum of 70 as follows

Marks on Technical Bid (A) = 0.70 x Marks of Technical Bid under Evaluation.

Note: Due weightage in terms of marks will be given to the bidder for having the consultancy

experience in any of i) Tender preparation/ Processing, Or ii) Sales & Marketing activities,

Or iii) O & M activities, Or, iv) Evolution of Commercial model for telecom.passive infra

industry as mentioned in Evaluation of bid, Section-II,clause 12[b]

ii. Financial bid: The financial bid would be awarded marks out of maximum 30 based on following

formula:

Marks on Financial Bid (B) = (0.30 x 100) Lowest evaluated bid

Financial Bid under evaluation

TOTAL MARKS = A + B

The bidder scoring maximum Total Marks shall be ranked as L1 and the next lower and so on will be

ranked as L2, L3, etc. The bidder scoring maximum Total Marks would be recommended for

selection.

Note : In case there is tie in the total marks obtained by the bidders, in that case the lowest financial

proposal will be selected.

13. PERFORMANCE GUARANTEE:

a) The successful bidder, will be required to furnish an irrevocable PERFORMANCE BANK

GUARANTEE of 5% (Five percent) of the bid value after adjusting the EMD amount mentioned

in the EOI document for his proper performance of the contract agreement, (notwithstanding

and/or without prejudice to any other provisions in the contract) within 15 days of issue of

letter of Acceptance of the bid. The Performance Guarantee should be in the form of Bank

Guarantee of any Scheduled Indian bank on the prescribed proforma (Annexure-V). The PBG

shall be initially valid for a period of 180 days beyond the stipulated date of completion of the

work. In case the time for completion of the work gets enlarged, the consultant shall get the

validity of the PBG extended, at his own cost, to cover such enlarged time for completion of

work. In the event of failure on the part of the successful bidder to furnish the Performance

Bank Guarantee within 15 days, the earnest money deposit will be forfeited and their bid be

cancelled.

b) No interest shall be paid on the amount deposited as Performance Bank Guarantee.


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c) In case the successful bidder fails to commence the work specified in the EOI documents on

the 16th day from the date of award of the work, BSNL shall, without prejudice to any other

right or remedy, be at liberty to forfeit the performance guarantee absolutely.

d) In case the Bank goes in liquidation or for any reason is unable to make payment against the said

Performance Bank Guarantee, the loss caused thereby shall be borne by the Consultant. The

Consultant forthwith, on demand in writing from BSNL, shall make good the deficit.

e) In the event of the contract being determined or rescinded under provisions of any of the

clauses/conditions of the agreement, the Performance Guarantee shall be forfeited. Further

the Performance Bank Guarantee shall be invoked and the amount thereof shall stand forfeited

absolutely.

BSNL reserves the right to recover the liquidated damage suffered by it on account of breach

of contract by the Consultant from the Performance Bank Guarantee. Decision of the BSNL in

this regard shall be final and binding.

f) The Consultant, whose Performance Bank Guarantee has been forfeited in the aforesaid manner,

shall not be allowed to participate in the recall of the EOI.

g) The Performance Bank Guarantee will be discharged by BSNL only after satisfactory completion

of the Consultant’s performance obligations including any warranty obligations under the

contract.

h) In cases where PBG amount is worked out less than the EMD amount already deposited by the

bidder, the full EMD amount shall be converted to PBG amount and will be kept with BSNL

14. TIME PERIOD

The estimated time period allowed for execution of the work laid out shall be 70 days which

shall commence from 16th day from the date of award of the work. Its break-up for the various

stages of the work shall be as follows:

Sl.

No.

Stage Duration Cumulative

Time period

1 PHASE—1 Commencement of engagement 0 Days 0 Days

Completion of Stage 1 – Development of options for

outsourcing program for discussion with BSNL after

completion of market analysis, data collection,

interaction with potential bidders, and

40 Days 40 Days

Completion of Stage 2 – Submission of Final draft

Tender document for approval from BSNL

management after preparation of draft Tender

document and obtaining feedback from BSNL and

prospective bidders and incorporation of suggestions

20 Days 60 Days

Completion of Stage 3 – Acceptance of Tender

document by BSNL management 10 Days 70 days

Phase II Floating of tender document, selection of successful

bidder[s] and thereafter award of work to the

selected bidder[s]. In case of multiple contract(s)

pro-rata payment will be done

Preferably

within 3

[three]

months from

date of

publication

of Tender

document


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The aforesaid time allowed for execution of the work or the extended time in accordance with the

following conditions shall be the essence of the contract. If the successful bidder commits default in

commencing/execution of the work as aforesaid, BSNL shall without prejudice to any other right or

remedy available in law, be at liberty to forfeit the Performance Bank Guarantee and the Earnest

Money absolutely.

To ensure good progress during execution of the work, the consultant shall complete the work as

per the aforesaid milestones.

If the work be delayed by:

1) force majeure as per section-II clause-34 or,

2) abnormal bad weather, or,

3) serious loss or damage by fire, or,

4) civil commotion, local commotion, strike or lockout, affecting any of the trades employed on the

work; or,

5) delay on the part of other agencies engaged by BSNL in executing work not forming part of the

Contract; or,

6) any other cause which in the absolute discretion of the BSNL and is beyond the Consultant’s

control,

then upon the happening of any such event causing delay, the Consultant shall immediately give

notice thereof, in writing to the BSNL, but shall nevertheless use constantly his best endeavor

to prevent or make good the delay and shall do all that may be reasonable required to the

satisfaction of the BSNL to proceed with the work.

Request for rescheduling of milestones and extension of time, to be eligible for consideration,

shall be made by the Consultant in writing within fourteen days of the happening of the event

causing delay on the prescribed proforma. The Consultant may also, if practicable, indicate in

such a request the period for which extension is desired. The BSNL may grant provisional

extension of time without prejudice to the rights of the BSNL concerned, to grant extension of

time on completion of work.

Non application by the Consultant for extension of time shall not be a bar for giving any fair and

reasonable extension and this shall be binding on the consultant.

15. COMPENSATION FOR DELAY:

a) If the Consultant fails to maintain the required progress of the work at the stages mentioned in

Sec-II clause-14 or fails to complete the work on or before the date of completion as

stipulated in the Contract or by the extended date of completion, he shall, without prejudice

to any other right or remedy available under the law to BSNL on account of such breach, pay as

agreed compensation of the amount calculated at the rates stipulated below (decision of the

BSNL in this regard shall be final and binding), for every completed week in which the progress

remains below than the specified in Sec-II,clause-14 or that the works remains incomplete.

The decision of the aforesaid authority in writing shall be final and binding on the Consultant.

b) Compensation for delay of work

i. 1% of the bid value of the contract per week of delay for each of the activities mentioned in

Section-II,Clause-14, individually as well as collectively, to be computed on daily basis. Provided


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always that the total amount of compensation for delay to be paid under this condition shall not

exceed 10% of the bid value of work.

ii. Further, the amount of compensation may be adjusted or set-off against any sum payable to the

Consultant under this or any other contract with BSNL

16. PAYMENT TERMS:

The Payments shall be made as per the following stages only after signing of the agreement by

both the parties:

Milestones Payment

Phase I Commencement of engagement -

Completion of Stage 1 – Development of options for outsourcing program for

discussion with BSNL after completion of market analysis, data collection,

interaction with potential bidders, and

10% of Approved value

Completion of Stage 2 – Submission of Final draft Tender document for

approval from BSNL management/competent authority after preparation of

draft Tender Document and obtaining feedback from BSNL and prospective

bidders and incorporation of suggestions


Completion of Stage 3 – Approval of Tender document by BSNL

management/competent authority

40% Approved value

Phase

II

Floating of tender document, selection of successful bidder/bidders and

thereafter award of work to the selected bidder/bidder(s). In case of

multiple contract(s) pro-rata payment will be done


Total 100%

Terms of Payment:

1. BSNL reserves the right to foreclose the project without assigning any reason and without

liability to pay to the Consultant. No payment shall be made for the uncompleted stage.

2. The bill for each stage as mentioned above shall be raised by the consultant on his printed

letterhead. The BSNL shall then verify about the successful completion of the work under each

stage and shall then make the payment.

17. WORK NOT TO BE SUBLET, ACTION IN CASE OF INSOLVENCY

The contract as a whole or part thereof shall not be assigned or sublet or transferred either

directly or indirectly whether by creating agent on the basis of General Power of Attorney or in

any other manner or given on general power of attorney without the written approval of the

BSNL. If the Consultant assigns or sublets or gives on general power of attorney or transfers

either directly or indirectly whether by creating agent on the basis of General Power of

Attorney or in any other manner, his contract, or attempt to do so, or has become insolvent or

commences any insolvency proceedings or makes any composition with his creditors or attempts

to do so, or if any bribe, gratuity, gift, loan, perquisite, reward or advantage pecuniary or


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otherwise, shall either directly or indirectly, consideration of any kind as an inducement or be

given, promised or offered by the Consultant to any BSNL employee, or if the Consultant shall

obtain the contract with the BSNL as a result of wrong tendering or by non bona fide methods;

or if the Consultant enters into a contract with BSNL in connection with which commission has

been paid or agreed to be paid by him; or if the Consultant being a company, shall pass a

resolution or the court shall make an order for the winding up of the company , or a receiver or

manager on behalf of the debenture holders or otherwise shall be appointed or circumstances

shall arise which entitle the court or shareholders debenture holders to appoint a receiver or

managers, BSNL shall have powers to adopt the courses specified under Sec-II,clause-18

hereof in the interest of BSNL and in the event of any courses being adopted the consequences

specified in the said Sec-II,clause-18 shall ensue.

18. DETERMINATION AND RESCISSION OF AGREEMENT:

I. The Consultant’s association with BSNL will terminate in following two ways:

i. The term of Contract expires;

ii. Termination of Contract by BSNL due to non-performance during the engagement period.

a. Performance is below expected level

b. Non adherence to the timelines of the assignment.

II. If the Consultant:

a) having been given by the BSNL, a notice in writing to rectify, re-prepare or replace any part of

the defective report/work or the work is being performed in an inefficient or otherwise

improper or un-workman like manner, shall omit to comply with the requirements of such notice

for a period of seven days thereafter; or

b) has without reasonable cause suspended the progress of the work or has failed to proceed with

the work so that in the opinion of the BSNL (which shall be final and binding) that he will be

unable to secure completion of the work by the date for completion and continues to do so after

a notice in writing of seven days from the BSNL; or

c) persistently neglects to carry out his obligations under the contract and /or commits default in

complying with any of the terms and conditions of the contract and does not remedy it or take

effective steps to remedy it within 7 days after a notice in writing is given to him in that

behalf by the BSNL; or fails to complete the work within the stipulated on or before such

date(s) of completion and does not complete them within the period specified in the notice given

in writing in that behalf by the BSNL; or

d) fails to complete the work within the stipulated date or items of work with individual date of

completion, if any, stipulated on or before such date(s) of completion and does not complete

them within the period specified in the notice given in writing in that behalf by the BSNL; or

e) being a company shall pass a resolution or the court shall make any order that the company shall

be wound up or if a Receiver or a Manager on behalf of the creditor shall be appointed or if

circumstances shall arise which entitle the court to appoint a Receiver or a Manager or which

entitled the court to make a winding up order

THEN, the BSNL may, without prejudice to his rights against the Consultant in respect of any delay or

inferior workmanship or otherwise or to any claims for damage in respect of any breach of the


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Contract and in addition to any right or remedies under any of the provisions of the contract or

otherwise and whether the date for completion has or has not elapsed, shall by a notice in

writing, shall have powers:

i. To determine or rescind the contract (of which termination or recession notice in writing to the

Consultant under the hand of the BSNL shall be conclusive evidence). Upon such determination

or recession, the Performance Guarantee, Earnest Money Deposit under the contract shall be

liable to be forfeited and shall be absolutely at the disposal of the BSNL.

ii. To take such balance or part thereof as shall be un-executed out of his hands and to give it to

another consultant to complete the work.

iii. The decision of the BSNL regarding the grounds for determination/rescission of the agreement

shall be final and binding.

iv. In the event of above course(s) being adopted by the BSNL, the consultant shall have no claim

to compensation for any loss sustained by him by reasons of his having entered into any

engagements or made any advances on account or with a view to the execution of the work or

performance of the contract. And in case action is taken under any of the provisions aforesaid,

the consultant shall not be entitled to recover or be paid any sum for any work thereof or

actually performed under this contract unless and until the BSNL has certified in writing the

performance of such work and the value payable in respect thereof and he shall only be entitled

to be paid the value so certified.

v. The consultant, whose contract is determined or rescinded as above, shall not be allowed to

participate in the recalling of EOI of the work.

19. RESOLUTION OF DISPUTES & ARBITRATION:

(i) Any dispute arising out of this contract shall be governed as per the Indian Contract Act.

(ii) ARBITRATION

All the disputes, differences, controversies / differences of opinions, breaches and violation

arising from or related to the agreement arises out of this Agreement between parties then

same shall be resolved by mutual discussions / reconciliations in good faith.

If the dispute, difference, controversies / differences of opinion, breaches and violation arising

from or related to the agreement cannot be resolved within 60(sixty) days of commencement of

reconciliations / discussions, then such question, dispute or difference (except as to the

matters, the decision of which is specifically provided under this agreement) shall be referred

to sole arbitration of Chairman and Managing Director (CMD) of BSNL or any other person

appointed by him.

The Arbitration and Conciliation Act, 1996 and the Rules made there under or any statutory

modifications or re-enactment thereof or any rules made thereof shall be deemed to be applied

to the Arbitration proceedings under this clause. The Arbitration proceedings shall be in

English language. The venue of Arbitration shall be office of the CMD BSNL, at New Delhi,

India.

20 SET OFF

Any sum of money due & payable to the Consultant under this contract may be appropriated by

the BSNL or any other person or persons contracting through the BSNL and set off the same

against any claim of the BSNL or such other person or person for payment of a sum of money


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arising out of this contract or under any other contract made by the Consultant with the BSNL

or such other person or persons contracting through BSNL.

21 COPYRIGHT

It is agreed condition that the final report along with other documents related to the work

submitted by the Consultant shall be the absolute property of BSNL. It is agreed condition

that the Consultant shall have no right to use or reproduce the same in any manner anywhere

else without express permission of the BSNL.

22. FORECLOSURE / RESTRICTION / REDUCTION OF CONTRACT

If at any time after acceptance of the EOI, the BSNL decides to abandon or reduce the scope

of the work for any reason whatsoever, the BSNL shall give notice in writing of the fact to

foreclose or restrict the scope of work to the Consultant and the Consultant shall have no claim

to any payment of compensation or otherwise whatsoever, on account of any loss of profit or

advantage which he might have derived from the execution of the work. The consultant shall be

paid for the works done up to the stage of foreclosure / restriction / reduction of contract and

performance guarantee shall be refunded.

23 INDEMNIFICATION

The consultant shall agree to protect, defend, indemnify and hold harmless BSNL and its

employees, officers, directors, agents or representatives from and against any and all liabilities,

damages, fines, penalties and costs (including legal costs and disbursements) arising from or

relating to:

• Any breach of any statute, regulation, direction, orders or standards from any governmental

body, agency, applicable to such party;

• Any breach of the terms and conditions in this agreement by the consultant;

• Any claim of any infringement of any intellectual property right or any other right of any third

party or of law by the consultant;

• The consultant shall always be responsible for any injury or damage caused to or suffered by

any person or property arising out of or relating to the use of devices and the consequential

claim shall be borne by the consultant who will also indemnify and safeguard the BSNL in respect

of any such claim or claims.

• The consultant will comply with all the laws, directives, guidelines etc. of the land and will

indemnify BSNL for any liability arising out of non compliance of the same.

24 CONFIDENTIAL INFORMATION

i. Confidential Information” includes all information supplied by the BSNL to the Consultant about

the Project or the BSNL’s affairs or finances or which comes into the possession of the

Consultant during the course, or as a consequence, of its providing the Services to BSNL.

ii. The Consultant agrees to treat all confidential information of BSNL as secret and confidential

at all times.

iii. The Consultant shall not, save for in situations falling under Section-II,Clause-24 (iv) below, at

any time, for any reason, disclose or permit to be disclosed to any person any Confidential

information and the Consultant shall not otherwise make use of or permit any use to be made of

any Confidential information by any person. The Consultant agrees that the confidential

information will not be disclosed by it or its personnel to third parties either during or after the


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termination of this Agreement. The provisions of this Clause shall survive the termination of

this Agreement.

iv. Without prejudice to Section-II Clauses-24(i), 24(ii) and 24(iii), the Consultant may disclose

confidential information to only those of its personnel who need to know it in order to provide

the Service. However, in doing so the Consultant shall at all times ensure that its personnel

involved in providing the Service, or who otherwise come across Confidential information in the

course of their duties are made aware of the confidential nature of information and do not

disclose it or otherwise breach the provisions of this section.

v. In the event any confidential information is disclosed by the Consultant or any of its personnel,

BSNL will have the right to take action against the Consultant under the law as it may be

advised for unauthorized disclosure of confidential information, notwithstanding any agreement

between the consultant and its personnel.

vi. On termination of this Agreement (however such termination may arise) the Consultant shall

deliver to BSNL all working papers, computer disks and tapes or other material and copies

provided to the consultant by BSNL pursuant either to this Agreement or to any previous

obligation owed to BSNL regarding the Project.

25 INTELLECTUAL PROPERTY

i. The Consultant warrants that in providing the Services it shall not infringe copyright, patent,

confidential information or any other intellectual property right of any third party and

indemnifies BSNL against any claim made against it arising from any infringement of any

intellectual property right belonging to any third party. In the event, the consultant relies on or

make use of any intellectual property right belonging to a third party, the Consultant would be

solely responsible to negotiate and pay the royalty to the third party and no such expenditure

would be payable by BSNL.

ii. The copyright including the database rights in all the works produced during the course of or in

consequence of providing the Services shall belong to BSNL absolutely. BSNL will be the owner

of the copyright in the works produced during the course of providing service. BSNL has the

right to use the same anywhere else, without paying extra compensation to the consultant.

26 LEGAL JURISDICTION

All legal disputes between the parties shall be subject to the jurisdiction of the Courts situated

in Delhi only.

27 CONFLICT OF INTEREST

BSNL requires that the Consultants should provide professional, objective, and impartial advice

and at all times hold the BSNL’s interests paramount, strictly avoid conflicts with other

assignments/ jobs or their own corporate interests and act without any consideration for future

work.

28 FRAUD AND CORRUPTION

BSNL requires that the Consultants appointed through this EOI must observe the highest

standards of ethics during the performance and execution of such contract. In accordance

therewith, the appointed consultant shall have to enter into an agreement with the BSNL.


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29 RELATIONSHIP BETWEEN THE PARTIES

Nothing mentioned herein shall be construed as relationship of master and servant or of

principal and agent as between the ‘BSNL’ and ‘the Consultant’. The Consultant subject to this

contract for appointment has complete charge of its personnel in performing the services under

the Project executed by BSNL from time to time. The Consultant shall be fully responsible for

the services performed by them or on their behalf hereunder.

30 STANDARDS OF PERFORMANCE

The Consultant shall perform the services and carry out their obligations under the Contract

with due diligence, efficiency and economy in accordance with generally accepted professional

standards and practices. The Consultant shall always act in respect of any matter relating to

this contract as faithful advisor to BSNL. The Consultant shall always support and safeguard

the legitimate interests of BSNL, in any dealings with the third party. The Consultant shall

abide by all the provisions/Acts/Rules etc. of Information Technology prevalent in the country.

The Consultant shall conform to the standards laid down in the EOI in totality.

31 CONSULTANT PERSONNEL

The Consultant shall employ and provide such qualified and experienced personnel as may be

required to perform the services under the specific case assigned by BSNL. It is desirable from

the Consultant to deploy the personnel, who have adequate experience in the domain related

with the subject. It is desirable that for Domain/Subject specific assignments, the consultants

must have or hire the services of Domain Specialists, on a case to case basis, to work on the

assignment effectively.

32 APPLICABLE LAW

Applicable Law means the laws and any other instruments having the force of law in India as

they may be issued and in force from time to time. The Contract shall be interpreted in

accordance with the laws of the Union of India.

33 GOVERNING LANGUAGE

The Contract shall be written in English Language. English version of the Contract shall govern

its interpretation.

34. FORCE MAJEURE

If at any time, during the continuance of this contract, the performance in whole or in part by

either party under obligation as per this contract is prevented or delayed by reasons of any war

or hostility, act of public enemy, civil commotion, sabotage, fire, flood, explosion, epidemic,

quarantine restrictions, strike, lockout or acts of God (here-in-after referred to “eventuality”),

provided notice of happening of any such eventuality is given by either party to the other within

21 days of the date of occurrence thereof, neither party shall by reason of such an “eventuality”

be entitled to terminate this contract nor shall either party have any claim or damages against

the other in respect of such non-performance or delay in performance and deliveries under the

contract. The contract shall be resumed as soon as practicable after such “eventuality” has

come to an end or cease to exist. In case of any dispute, the decision of CMD, BSNL, 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 reason of any such eventuality for a period


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exceeding 60 days, either party may at its option, terminate the contract. Provided also that if

the contract is terminated under this clause the BSNL shall be at liberty to take over from

the Bidder at the price to be fixed the BSNL, which shall be final, all unused, undamaged and

acceptable materials (if any), bought information and other stores/data in the course of

providing consultancy services which may be in the possession of the Bidder at the time of such

termination, or such portion thereof as the BSNL may deem fit, accept such

material/information/stores/data, etc., as the Bidder may, with the concurrence of the BSNL,

elect to retain.


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ANNEXURE-I

Proforma for Details of top 3 (three) qualifying projects as per Section-I,clause-4(ii)(A)

(To be filled in by the bidder)

Project Name

Location

Type of Project

Name & Address of Client

Date/month of issue of Work

Order/Award of Work/Engagement

Letter

Date/month of submission of the final

report

Brief Description of Project

“ Documentary proof” in support of proof of consultancy duly Signed by the Authorised Signatory of the bidder is attached?

(Yes/No)

Type of Document attached



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ANNEXURE- I A

“Proforma” for Details of top 3 (three) qualifying projects as per Section-I,clause-4(ii)(B)


Project Name

Location

Type of Project




Letter

Date/month of submission of the

final report

Indicative Cost of the Consultancy

Fee charges


“Documentary proof” in support of proof of consultancy duly Signed by the Authorised Signatory of the bidder] is attached?

(Yes/No)




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ANNEXURE- I B

“Proforma” for Details of top 6 (Six) consultancy projects for i)Tender/Bid Preparation/

Processing,OR ii)O&M activities, Or iii)Sales & Marketing activities, OR iv) Evaluation of

commercial model in passive infra industry as per Evaluation of bid,Section I,clause-12[b] (To be filled in by the bidder)

Project Name

Location

Type of Project




Letter

Date/month of submission of the

final report

Indicative Cost of the Consultancy

Fee charges


“Documentary proof” in support of proof of consultancy duly Signed by the Authorised Signatory of the bidder] is attached?

(Yes/No)


Signature of the authorized signator


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ANNEXURE-II

Experience for providing consultancy services as stipulated in the Eligibility Condition as per

Section-I clause-4(ii)(A)

(For official use only)

MAX MARKS= 20

Criteria for award of the marks:

Sl. No. Details of Work experience M. Marks

1 One qualifying consultancy work as defined in eligibility

clause Section-I, clause-4(ii)(A).

10

2 Three number of qualifying consultancy works as defined in

eligibility clause Section-I, clause-4(ii)(A).

20

3 Experience in between 1 and 2 above. On Pro rata basis

……………………………………………………………………………………………………………………………….

ANNEXURE-IIA

Experience for providing consultancy services as stipulated in the Eligibility Condition as per

Section-I clause-4 (ii)(B)


MAX MARKS= 20



1 One qualifying consultancy work as defined in eligibility clause

Section-I clause-4(ii) (B).

10

2 Three number of qualifying consultancy works as defined in

eligibility clause Section-I clause-4(ii) (B).

20

3 Experience in between 1 and 2 above. On Pro rata basis


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ANNEXURE-IIB

Experience for providing consultancy services for i)Tender/Bid Preparation/ Processing,OR ii)O&M

activities, Or iii)Sales & Marketing activities, OR iv) Evaluation of commercial model in passive

infra industry as stipulated in the evaluation of bid Condition as per Section-II,clause-12[b])


MAX MARKS= 30



1 One consultancy work for i)Tender/Bid preparation/ Processing, OR ii)

O&M activities, OR ii) Sale& Marketing activities, Or iv)Evaluation of

commercial model for passive infra industry, as stipulated in the

evaluation of bid in the clause Section-II,clause-12[b].

05

2 Six number of consultancy works for i) Tender/Bid preparation/

Processing, OR ii) O&M activities, OR ii) Sale& Marketing activities, Or

iv)Evaluation of commercial model for passive infra industry as

stipulated in the evaluation of bid Section-II,clause-12[b].

30

3 Experience in between 1 and 2 above. On Pro rata

basis

Note: Five marks for each consultancy experience. No minimum marks for qualification but the

experience of consultancy services will be given due weightage in terms of marks, as mentioned in the

Evaluation of bid Section-II, Clause-12[b].

……………………………………………………………………………………………………………………………….


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ANNEXURE-III

Proforma for Details of the Key Professionals employed with the bidder and those proposed

to be deployed for this assignment.

Max Marks = 10


Qualification Minimum no. of Key

Professional required

to be deployed for

this assignment

Nos. of personnel

having experience

of 10 years and

more

Nos. of personnel having

experience of 5 years

and more but less than

10 Yrs

Law Graduate 1

MBA 1

Chartered

Accountant

1

Telecom Sector

/Passive Infra

Expert

2

Note (i) Bio-data of each professional is required to be furnished in the proforma available at

Annexure-IIIA. For awarding the marks only those professionals will be considered

whose bio-data are supplied in the prescribed proforma.

(ii) The Bidder may offer more no. of Key Professional than minimum indicated above, if felt

necessary, to carry out this consultancy assignment;



Criteria for award of the marks

SN Experience of the Professionals in consultancy. Marks

1 10 yrs and more 2. 5 for each

2 5 years and more but less than 10 yrs 1 for each


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ANNEXURE-IIIA

Proforma for supplying BIO-DATA of the key professional employed with bidder and

proposed to be deployed for this project

(To be filled in by Bidder for each professional to be deployed for this work)

Name

Proposed Position

Date of Birth

Nationality

Qualification

University/Institution/college

where from the qualification

has been attained

Year of attaining the

qualification

No of years of experience in

consultancy work.

Length of relevant Professional Experience

Employment Record

Period: [From----To] Position Organisation

Note1. Supporting documents need not be enclosed with the bid

Certification:

I, the undersigned, certify that to the best of my knowledge and belief, this Bio-Data correctly

describes the key professional, his qualifications and his experience. I also submit this undertaking

that all the required supporting documents in relation to above information will be provided if

demanded at any time in future

Place………………………………….

Date…………………………………..



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ANNEXURE-IV

Turnover of the bidding company from Consultancy works in the last three financial years

Max. Marks- 10

SN Financial Year Turnover

(To be filled

by bidder)

Average annual turn

over

Marks obtained

(For official use

only)

1

2010-2011

2

2011-2012

3

2012-2013


Note: please attach copy of Audited Annual Report OR Audited Balance Sheet/P&L Account in support of above for all three years [FY 2010-11, 2011-12, 2012-13]. The bidder, who is not providing exclusive Consultancy services, shall submit the component of their turnover attributable to consultancy services duly certified by Chartered Accountant.

Criteria for Evaluating Average Turnover

SN Average Annual Turnover

from consultancy works

Marks

1 Rs. 10 Crore and more 10

2 Rs. 5 Crore 5

3 In between Rs. 5 Crore and

Rs. 10 Crore

To be allotted on pro-rata basis as per 1 & 2

above


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ANNEXURE-V

PROFORMA FOR PERFORMANCE BANK GUARANTEE BOND

In consideration of the BHARAT SANCHAR NIGAM LIMITED, (hereinafter called ‘BSNL’) having

agreed under the terms and conditions of agreement No.------------ dated------------made between

BSNL and ------------------- (hereinafter called ‘the said Consultant(s) to advise,

assist and prepare a Tender Document to outsource passive infra O&M activities along with sales and

marketing of tower sites of BSNL .

1. ……………………………………………………………………………………------------------------------------------------------ (

hereinafter called “the said agreement“ ) for compliance of his obligation in accordance with the

terms and conditions in the said agreement and for due observation and performance of the said

agreement.

We--------------------------(name of the bank) ( hereinafter referred to as “Bank” ) do hereby

undertake to pay to BSNL an amount not exceeding Rs.-------------(Rupees---------------only) on

demand by the BSNL.

2. We---------------------------------- (name of the bank) do herby undertake to pay the amounts due and

payable under this guarantee without any demure, merely on a demand from BSNL stating that the

amount claimed is required to meet the recoveries due or likely to be due from the said Consultant(s)’

or is due by reason of breach of terms & conditions of the said agreement by Consultant or by loss or

damage caused to or suffered or would be caused or suffered by BSNL by reason of breach by

Consultant in the terms and conditions of 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. However,

our liability under this guarantee shall be restricted to an amount not exceeding Rs.---------------------

--------(Rupees-------------------------only).

3. We undertake to pay to BSNL any money so demanded notwithstanding any dispute or disputes raised

by the Consultant(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 to

there-under and the Consultant(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

BSNL under or by virtue of the said agreement have been fully paid and its claims satisfied or

discharged or till In-Charge on behalf of BSNL certifies that the terms and conditions of the said

agreement have been fully or properly carried out by the said Consultant(s) and accordingly discharges

this guarantee.

5. We-------------------------------- (name of the bank) further agree with BSNL that 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 Consultant(s) from time to time or to postpone for any time or from time to time any of the

powers exercisable by BSNL against the said Consultant(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 Consultant(s) or for any


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forbearance, act or omission on the part of BSNL or any indulgence by BSNL to the said Consultant(s)

or by any such matter or thing whatsoever which is under the law relating to sureties would, but for

this provision, have effect of so relieving us.

6. This guarantee will not be discharged due to the change in the constitution of the Bank or the

Consultant(s).

7. We----------------------------(name of the bank) lastly undertake not to revoke this guarantee except

with the previous consent of BSNL in writing.

8. This guarantee shall be valid up to ---------------------------- unless extended on demand by BSNL.

Notwithstanding anything mentioned above our liability against this guarantee is restricted to Rs------

----------------(Rs.----------------------------only) and unless a claim in writing is lodged with us within

six months of the date of expiry or the extended date of expiry of this guarantee, all our liabilities

under the Guarantee shall stand discharged.

Dated the------------------------------------ of------------, 2014

……………………………………..( Name of Bank)


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ANNEXURE-VA

Proforma for Bank Guarantee for EMD

To

The DGM(MMT),

2nd Floor, BSNL C.O.,

Bharat Sanchar Bhawan, Janpath,

New Delhi

Whereas M/s .................................. (hereinafter called "the Bidder") has submitted its EOI

dated............for appointment of consultant vide EOI 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 "BSNL") in the sum of Rs.................... for which payment will and truly to be made to the BSNL,

the Bank binds itself, its successors and assigns by these present.

THE CONDITIONS of the obligation are:

1. If the Bidder withdraws his bid during the period of bid validity specified by the Bidder

on the EOI form or

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

of bid validity -

(a) fails or refuses to execute the Contract, if required; or

(b) fails or refuses to furnish the Performance Security, in accordance with the instructions to

Bidders.

We undertake to pay to the BSNL up to the above amount upon receipt of its first written demand,

without the BSNL having to substantiate its demand, provided that in its demand, the BSNL will note

that the amount claimed by it is due to it owning to the occurrence of one or both of the two

conditions, specifying the occurred condition or conditions.

This guarantee will remain in force as specified in Section-II, clauses-10 of the EOI Document upto

and including THIRTY (30) days after the period of bid validity and any demand in respect thereof

should reach the Bank not later than the specified date/dates.

Signature of the Bank Authority.

Name

Signed in Capacity of

Name & Signature of witness Full address of Branch

Address of witness Tel No. of Branch

Fax No. of Branch


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ANNEXURE-VI

PROFORMA FOR AGREEMENT

(ON NON-JUDICIAL STAMPS PAPER OF APPROPRIATE VALUE)

CONTRACT AGREEMENT FOR providing the consultancy to advise, assist and prepare a Tender

Document to outsource passive infra O&M activities along with sales and marketing of tower

sites of BSNL between M/s--------------------------------------------in the town-----------hereinafter

called the Consultant (which term shall unless excluded by or repugnant to be subject or context

include its successors and permitted assigns) of the one part and the Bharat Sanchar Nigam Limited

herein after called the BSNL (which term shall unless excluded by or repugnant to the subject or

context include its successes and assigns) of the other part.

WHEREAS

The BSNL is desirous to appoint a consultant to advise, assist and prepare a Tender Document to

outsource passive infra “O&M” activities along with “ Sales and Marketing” of tower sites of

BSNL should be executed as mentioned, enumerated or referred to in the Expression of Interest

including Press Notice Inviting Expression of Interest, Terms and Conditions of Expression of

Interest, Drawings, Plans, Time Schedule of completion of job, Financial Bid, agreed variations, other

documents has called for The BID.

a) The Consultant has acquainted himself with the works specified in the EOI documents and has

satisfied the site and the local conditions, nature and magnitude of the work and has made local and

independent enquiries and obtained complete information as to the matters and things referred to or

implied in the EOI documents or having any connection therewith, and has considered the nature and

extent of all the probable and possible situations, delays , hindrances or interferences to or with the

execution and completion of the work to be carried out under the contract, and has examined and

considered all other matters, conditions and things and probable and possible contingencies, and

generally all matters incidental thereto and ancillary thereof affecting the execution and completion

of the work and which might have influenced him in making his BID.

b) The EOI documents including the BSNL’s press Notice Inviting Expression of Interest, Terms

and Conditions of Expression of Interest, Financial Bid, General obligations, Drawings, plan, time

schedule for completion of work, Letter of Acceptance of EOI/Tender and any statement of agreed

variations with its enclosures copies of which are hereto annexed form part of this contract though

separately set out herein and are included in the expression Contract wherever herein used.

AND WHEREAS

The BSNL accepted the BID of M/s -----------------------------------------------(Consultant) for providing

the consultancy service to advise, assist and prepare a Tender Document to outsource passive infra

“O&M” activities along with “ Sales and Marketing” of tower sites of BSNL and conveyed vide letter

no.----------------------dated -----------------------at the lump sum amount stated in the Financial bid for

the work and accepted by the BSNL upon the terms and subject to the conditions of the contract.

NOW THIS AGREEMENT WITNESSTH & IT IS HERBY AGREED AND DECLARED AS FOLLOWS.

1. In consideration of the payment to be made to the contract for the work to be executed by him, the

Consultant hereby convenient with the BSNL that the Consultant shall and will duly provide, execute,

complete and maintain the said work and shall do and perform all other acts and things in the contract

mentioned or described or which are to be implied and there-from or may be reasonably necessary for


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the completion of the said works and at the said times and in the manner and subject to the terms and

conditions mentioned in the contract, AND

2. In consideration of the due provisions execution and completion of the said work, the BSNL does hereby

agree with the Consultant that the BSNL will pay to Consultant the respective amounts for the work

actually done by him and approved by the BSNL at the lump sum amount and such other sum payable to

the Consultant under provision of the contract, such payment to be made at such time in such manner as

prescribed for in the contract.

It is specifically and distinctly understood and agreed between the BSNL and the Consultant that the

Consultant shall have no right, title or interest in the work made available by the BSNL for doing the

consultancy works.

In Witness whereof the parties hereto have here-into set their respective hands and seals in the day and

the year first above written.

The Contract is subject to the jurisdiction of Court at New Delhi only, where the EOI has been

issued.

Signed and delivered for and on behalf of BSNL Signed and delivered for and on behalf of

the Consultant

, BSNL -------------------

---------------

-----------------------------------------

Consultant

Date Date

Place Place

IN PRESENCE OF TWO WITNESSES

Signature

Name

Address:

Signature

Name

Address:

Signature

Name

Address:

Signature

Name

Address:


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ANNEXURE-VII

Proforma for Declaration by the Bidder for submitting bid on the EOI document

downloaded from the Website

It is to certify that:

1 I / We have submitted the EOI in the Proforma as downloaded directly from the website.

2. I / We have submitted EOI documents which are same / identical as available on the website.

3. I / We have not made any modification / corrections / additions etc. in the EOI documents

downloaded from web by me / us.

4. I / We have checked no page is missing and all pages as per the index are available & that all pages of

EOI document submitted by us are clear and legible.

5. I / We have signed (with digital seal) all the pages of the EOI document before submitting the

same.

6. I / We have digitally sealed the EOI document properly before submitting the same.

7. I / We have submitted the cost of EOI document along with the EMD and all Credentials.

8. I/We have read carefully and understood the important instructions to the all bidders who have

downloaded the EOI document from the web.

9. In case at any stage later, it is found there is difference in our downloaded EOI document from the

original, BSNL shall have the absolute right to take any action as deemed fit without any prior

intimation to me/us.

10. In case at any stage later, it is found that there is difference in our downloaded EOI documents from

the original, the bid/work will be cancelled and Earnest Money/ Performance Bank Guarantee will be

forfeited at any stage whenever it is so noticed. The department will not pay any damages to me / us

on this account.

11. In case at any stage later, it is found that there is difference in our downloaded EOI document from

the original, I/We may also be debarred for further participation in the EOI in the BSNL.

Seal of Bidder Signature of the authorized signatory

Place: Date:


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ANNEXURE-VIII

Proforma for Declaration for near relatives

(To be filled in by the Bidder)

“I………………………………………S/o Shri ……….……………………………. Resident of ……………………………………………… hereby

certify that none of my relative(s) as defined below is/are employed in BSNL Corporate Office. 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.”

Further, it is intimated that the following persons are working in ………………………………. (name of Bidder

Company) who are near relative to the executive employee/gazetted officer working in BSNL,

Department of Telecom or in the Ministry of Communications.

i)-----------------------------------------

ii)---------------------------------------


List of near relatives

i) Member of Hindu undivided family (HUF)

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 husband (brother in

law).


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ANNEXURE-IX

Proforma for A C C E P T A N C E

(For official use)

Name of work:-

The bid (as modified by you / as provided in the letters mentioned hereunder) is accepted by me

for and on behalf of BSNL, for a sum of Rs._______________ (Rupees

____________________________________________________Only).

Following letters shall form part of this agreement: -

(i)

(ii)

(iii)

For & on behalf of the

BSNL

BSNL, Corporate Office

----------------------------------------------

Dated: _____________


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ANNEXURE-X

List of activities to be undertaken by the consultant under the EOI

(The List is only indicative and not exhaustive)

1 Availability of Key Professionals:

1.1 The Consultant will be required to provide experienced and qualified personnel including experts in

relevant sector. The consultant will be required to be available at a short notice as and when required

by BSNL at their office. BSNL may hold weekly review meetings or as required with the consultant

during which senior / key personnel of the consultant shall be present.

1.2 BSNL is seeking consultant which can bring together a team of professionals and sub-professionals

capable of completing all aspects of the consultancy assignment. This will require a high degree of

management, financial & technical expertise and experience directly related to O&M activities and

Sales& Marketing activities of passive infra of the tower sites, and structuring of Public-Private

Partnership for similar projects.

1.3 The Key professional staff proposed and deployed must be regular employees of the company. The

authority will not normally consider any request of the Selected Bidder for substitution of Key

Personnel during negotiations. Substitutions, will, however be permitted if the Key Personnel is not

available for reasons of any incapacity or due to health, subject to equally or better qualified and

experienced personnel being provided to the satisfaction of the Authority.

1.4 If a consultant considers that it does not have all the expertise for the assignment, it may obtain a

full range of expertise by forming a consortium with individual consultant(s) and / or other consultants

or entities or sub-consultancy, as appropriate. Consultants would not be allowed to associate with the

other consultants invited for this assignment. Consultants may enter in to a joint venture with

consultants not invited for this assignment. It is desirable that the majority of the key professional

staff proposed and deployed shall be regular employees of the company or have an extended and

stable working relationship with it. Alternative professional staff shall not be proposed, and only one

bio-data may be submitted for each position.

2 Collection and Compilation of relevant data:

Collection and compilation of relevant data, reports, from the BSNL and its circles,Tower Companies,

TSPs, Sales & Marketing agencies and O&M vendors regarding development of proposed Tender

Document, wherever necessary.

3 Regulatory aspects:-

Undertake the related work analysis with respect to:-

3.1 Regulatory issues that may have an impact on outsourcing of “O&M” and “Sales & Marketing”

activities by BSNL including Green Technology. Which are to be included in the proposed Tener

Document.

3.2 Analysis of Possibility of modification of regulation for various usages, which may have the impact

on outsourcing of “O&M” and “Sales & Marketing” activities by BSNL, Which are to be included in

the proposed Tender Document.


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3.3 Advising on various Regulatory aspect of the Green Technology to be adopted in the O&M

activities as per GOVT. policies and are to be incorporated in the proposed Tender Document.

3.4 Advice on all Regulatory/tax aspects such as licensing, sales tax, service tax, etc. and other

statuary levies required which may impact the outsourcing the O&M and Sales & Marketing

activities of the passive infra of the tower sites. to be included in the proposed Tender

Document.

4 Commercial aspects:

4.1 The list of personnel contacted & their addresses, telephone numbers to be included as a part

of the study report.

4.2 Analysis & survey of the various options for outsourcing the “O&M” activities along with “Sales &

Marketing” of passive infra of BSNL tower sites after interacting with the O&M vendors, tower

companies, Sales and Marketing agencies, other TSPs and related market players of the telecom

industry.

4.3 Identification of BSNL Tower sites for which the outsourcing the O&M and Sales& Marketing

activities can be considered by BSNL.

4.4 Analysis of the market trend and prevailing practice to evolve various options and recommendation

of the best suitable option which may reduce the prevailing OPEX and can transfer the upcoming

liabilities of possible CAPEX for day to day O&M activities of the passive infra of BSNL tower

sites.

4.5 Impact and analysis of OPEX and CAPEX for implementing the green technology at the BSNL

tower sites and thereafter incorporating various terms and condition in the Tender Document for

the best suitable option for BSNL for the use of green technology.

4.6 Undertake detailed financial analysis to estimate the potential returns from the planned

outsourcing activity. This will be based on potential for increased tenancy for the tower

base with outsourcing of S&M and lower operational costs of O&M 5 Financial analysis including risk assessment:-

i. Undertake detailed financial analysis on CAPEX and OPEX for undertaking the complete

outsourcing the O&M and Sales & Marketing activities of the passive infra component of the

BSNL tower sites. So that BSNL can reduce its day to day operational expenditure and can

transfer the upcoming CAPEX liabilities to the successful bidder in the best possible way.

ii. Assess prevailing sentiments vis-a-vis risk perception of various “O&M” vendors and the

“Sales & Marketing” agencies for selecting the most suitable option for BSNL.

iii. Evolve the various options for outsourcing the “Sales & Marketing” of BSNL tower sites and

recommend the best possible option which is to be included in the Tender Document based on the

prevailing market scenario and suggest likely returns to be fetched by the BSNL in order to

maximize the monetization process of the tower assets.

iv. Undertake detailed financial analysis to estimate the potential returns from the planned

outsourcing activity. This will be based on potential for increased tenancy for the tower

base with outsourcing of S&M and lower operational costs of O&M.

v. Assessment of the risk perception associated with working with BSNL and suggesting

mechanisms to be incorporated in the EoI to mitigate such concerns to promote bidder

participation.


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6. Preparation of Tender Documents

a. Suggest the qualification criteria for the bidders for the tender based on capabilities required by

bidders to meet desired service levels

b. Suggest the evaluation mechanism for the bid

c. Preparation of draft Tender Document (covering all commercial aspects) for outsourcing, obtaining

the feedback on the draft Tender Document from the prospective bidders, BSNL units and

management, and incorporating suitable modifications

d. Presentation of the final Tender Document to BSNL management at the time of approval.

7. Tendering

a. Assist in managing pre-bid meeting(s); compile and respond to issues raised by bidders in

consultation with BSNL. This may be required to be done at a field unit / circle level

b. Amend the bid documents appropriately in consultation with the BSNL (if required) and issue

the revised documents to the bidders

8. To carry out all other necessary activities as may be required under the scope of work

indicated in Section II.


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ANNEXURE-XI

SELF CERTIFICATION

(To be submitted by Authorised Signatory) [As per clause-4(ii)(A), (B) & 12[b]]

Ref. Date:

To,

***********

***********

Dear Sir,

I, ................................................. (Name) S/o .................................................., R/o

..................................................................... do solemnly affirm and submit an undertaking as under:

1. That I, working as .................................... (designation) in ........................................... (Name of bidder

company), have been duly authorised to furnish following certification on behalf of ............................

(name of bidder company).

2. That M/s ......................................... (name of bidder company) has provided following stated

consultancy/advisory work to our client:

i. Name of the Client:

ii. Address of the Client:

iii. Name of Contact Person and contact details: ................................................................

Telephone No.:...............................(O), ................................(Mobile)

Fax No.: ..........................................

Email ID:............................................

iv. Project Name: ...............................................................................................

v. Project Details: .............................................................................................

(Copy of Engagement letter/work-order/Recommendation letter from Client or any other documentary proof in support of proof of consultancy, is to be attached)

vi. Date/Month of issue of Work Order/Award of Work/Engagement Letter: ……………………………………

vii. Date/Month of Completion: .........................................

viii. Date/Month of submission of final report: .......................................

ix. Indicative Fee Value of Consultancy/Advisory work: ................................ [To be filled only w.r. to

clause-4(ii)(B)]

3. That the above stated consultancy/advisory work was completed to the full satisfaction of our client.

4. That the contents in Para no. 1 to 3 above are true and correct to the best of my knowledge, based on

records of the company.

Thanking you,

Yours faithfully,

(Signature, name and designation of the authorised

Signatories

For and on behalf of……………………………..(the Bidder Company)


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ANNEXURE-XII

BIDDER’S PROFILE


SN.

1 Name of Firm/Company

2 Legal Status [sole

proprietorship/partnership/

Pvt. Ltd/Public Ltd.]

3 Country of Incorporation

4 Registered office

5 Certificate of

Incorporation No:[CIN]

6 PAN NO:

7 TIN NO:

8 Service Tax Regn No:

9 Year of Incorporation

10 Year of Commencement of

Business

11 Principle place of Business

Details of Authorized Signatory of the Bidder

12 Name

13 Designation

14 Address

15 Contact numbers:

16 Mobile:

17 Office:

18 Residence:


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19 Fax;

20 E-mail ID:

In case, bidder is Lead Member of Consortium, state the following for each of the other

member firms

21 Name of the Firms

22 Legal status of the firms

23 Country of Incorporation

24 Principle place of business

25 Registered Address

26 In case of non Indian firm, does

the Firm have business presence

in India. [Yes/No]

28 If so, provide the office

Address [es] in India.



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ANNEXURE-XIII

Part II - Proforma For Financial Bid


Sl.

No. Scope of Consultancy Consultancy fees in Rs. (both in figure and words)

1 For phase I and phase II, as per the scope

of work mentioned in Section-II, Clause-3: Rs. in figure :

Rs. in words :

Note

1. The consultancy fee to be quoted above should be lump sum rounded off to the nearest rupee. It shall

be for the work completed as per the contract and as per the direction of BSNL. The consultancy fee shall

remain fixed during currency of the contract and no escalation, whatsoever, thereon shall be entertained.

Further, it shall be deemed to be inclusive of all taxes (except service tax which shall be reimbursed on

actual basis on production of proof of payment to the satisfaction of BSNL and all other expenditures

likely to be incurred by the bidder on all the activities required for completion of the work, discussions

with BSNL, attending meetings with BSNL and giving presentations on the report before BSNL authority

at -------- and Delhi. Nothing extra over and above the bid value whatsoever shall be paid.

2. The fee should be quoted in figures and words. In case a discrepancy in the fee quoted in figures and in

words, the fee quoted in the words shall be taken as correct.

I/We have read, examined and fully understood terms and Conditions of EOI document and scope of

the consultancy work.

I/We hereby submit financial bid to complete the consultancy work within the specified time

schedule.

I/We hereby agree to keep the bid open for 120 (One hundred twenty) days from the last date of

submission of the EOI. During this period I/We undertake not to make any modifications in its terms

and conditions.

Seal of Bidder Signature of the authorized signatory

Place:

Date:


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ANNEXURE-XIV

Conditions applicable for Participation of CONSORTIUMS in EOI

1. Number of members in a Consortium shall not be more than three.

2. A member of Consortium shall not be permitted to participate either in individual capacity or as a

member of another Consortium in the same EOI.

3. In case of Consortium, an agreement among the partners defining the role and responsibility of each of

the consortium member and authorizing the lead member to act on behalf of all members of the

consortium duly Notarized on Non-Judicial stamp paper of appropriate value shall be submitted.

4. This Consortium Agreement shall have, inter-alia, following clauses:-

a. Joint And Several Liability - Members of the Consortium to which the contract is awarded shall be

jointly and severally liable and responsible for due performance of the contract/execution of the

project. The Consortium members shall be liable jointly and severally for any loss, damages that

may be caused to BSNL due to any kind of non-performance of the contract or part thereof.

b. Duration of the Consortium Agreement - It shall be valid during the entire currency of the contract

including the period of extension, if any.

c. Governing Laws - The Consortium Agreement shall in all respect be governed by and interpreted in

accordance with Indian Laws.

5. The consortium members shall declare, appoint and attorn to one of the member as Lead Member, be

submitting the bid/EOI on behalf of all the members of the consortium as their attorney

6. The EOI form shall be purchased and submitted only in the name of Lead Member in case of Consortium.

7. In case of Consortium EMD shall be submitted in by the Lead Member.

8. During currency of the Contract, prior approval in writing of the BSNL shall be obtained by the

consultant before any change is made in the constitution of the consortium. Approval for change of

constitution of Consortium shall be at the sole discretion of BSNL.

9. On award of contract to Consortium, a single Performance Guarantee shall be submitted by the Lead

Member as per EOI conditions.

10. Authorized Member - Consortium members shall execute a power of attorney in the favour of the lead

member authorizing his/her to act for on their behalf and to take all decisions with respect to

execution/performance of the contract with BSNL by the consortium. All notices/ correspondences with

respect to the contract would be sent only to this authorized member of the Consortium.

11. Lead members of the Consortium shall not have the right to assign or transfer the interest, right or

liability in the contract.

12. Technical and Financial Qualifying Criteria are to be fulfilled by the Lead Member of the Consortium.


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ANNEXURE - XV

UNDERTAKING

(To be submitted by all members of Consortium)

Ref. Date:

To,

***********

***********

Dear Sir,

We hereby confirm that we are members of the Consortium (constitution of which has been described in

the application) & satisfy the terms and conditions laid out in the EOI document.

We have agreed that …………………… (Insert name) will act as the Lead Member of our consortium.

We have agreed that ………………….. (insert individual’s name) will act as the representative of the consortium

on our behalf (Power of Attorney is attached) and has been duly authorized to submit the EOI. Further,

the authorised signatory is vested with requisite powers to furnish such letter and authenticate the same.

We do hereby undertake to be jointly and severally responsible for all obligations and liabilities relating to

the work and in accordance with the terms of the EOI.

Thanking you,

Yours faithfully,

(Signature, name and designation of the authorised

Signatories of all the members of Consortium)

For and on behalf of……………………………(the bidder company)


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ANNEXURE - XVI

SPECIAL INSTRUCTIONS TO BIDDERS FOR E-TENDERING

1. General

The Special Instructions (for e-Tendering) supplement ‘Instruction to Bidders’, as given in this Tender/EOI Document. Submission of Online Bids is mandatory for this Tender/EOI.

0.1 E-Tendering is a new methodology for conducting Public Procurement in a secured manner. Suppliers/ Vendors will be the biggest beneficiaries of this new system of procurement. For conducting electronic tendering, BSNL has decided to use the portal (https://www.tcil-india-electronictender.com) of M/s TCIL, a Government of India Undertaking.

0.2 Benefits to Suppliers are outlined on the Home-page of the portal.

2. Instructions

2 Tender Bidding Methodology: – ‘Single Stage Bidding, Two stage opening using – Two Electronic Envelopes’.

3 Broad outline of activities from Bidders’ prospective:

3.1 Procure a Digital Signing Certificate (DSC)

3.2 Register on Electronic Tendering System® (ETS)

3.3 Create Users and assign roles on ETS

3.4 View Notice Inviting Tender (NIT) on ETS

3.5 Submit Tender fee and NDA offline to BSNL

3.6 Download Official Copy of Tender Documents from ETS

3.7 Attend training on e-tendering to be arranged by BSNL(optional)

3.8 Clarification to Tender Documents on ETS

3.9 Query to BSNL (Optional)

3.10 View response to queries/clarifications posted by BSNL as addenda

3.11 Bid-Submission on ETS

3.12 Attend Public Online Tender Opening Event (TOE) on ETS

3.13 Opening of Technical-Part

3.14 View Post-TOE Clarification posted by BSNL on ETS

3.15 Respond to BSNL’s Post-TOE queries

3.16 Attend Public Online Tender Opening Event (TOE) on ETS

3.17 Opening of Financial-Part (Only for Technical Responsive Bidders)

4 Other Instructions

For participating in this Tender online, the following instructions are to be read carefully.

These instructions are supplemented with more detailed guidelines on the relevant screens

of the ETS.

4.1 Digital Certificates

For integrity of data and authenticity/ non-repudiation of electronic records, and to be

complaint with IT Act 2000, it is necessary for each user to have a Digital Certificate (DC)

also referred to as Digital Signature Certificate (DSC), of Class 2 or above, issued by a


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Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer

http://www.cca.gov.in].

4.2 Registration on e-tender portal

To use the ElectronicTender® portal (https://www.tcil-india-electronictender.com) vendors

need to register on the portal. Registration of each organization is to be done by one of its

senior persons who will be the main person coordinating for the e-tendering activities. In

ETS terminology, this person will be referred to as the Super User (SU) of that organization.

For further details, please visit the website/portal, and click on the ‘Supplier Organization’

link under ‘Registration’ (on the Home Page), and follow further instructions as given on the

web site. Pay Annual Registration Fee as applicable.

[Note: After successful submission of Registration details and Annual Registration Fee (Rs

6000/- plus service tax as applicable, payable etc TCIL), please contact TCIL Helpdesk (as

given below), to get your registration accepted/activated].

TCIL Helpdesk

Telephone/ Mobile 011-26241071/ 9868393775/9868393717

[between 9:30 hrs to 18:00 hrs on working days]

E-mail ID [email protected]

BSNL Contact-1

BSNL’s Contact Person Mr. Anup Verma, AGM(MMY)

Telephone/ Mobile 011-23717844



BSNL Contact-2

BSNL’s Contact Person Mr. Manoj Jain ,Dy. Mgr.(MMX)

Telephone/ Mobile 011-23037172



5 Some Bidding related Information for this Tender (Sealed Bid) : Online Submission of Bids

Procurement of Official Copy of EoI Documents

After the process of registration on ETS portal, bidders must download the official copy of

the same EoI Document online from the e-tendering portal.

(b) Online Submission of Bids

The entire bid-submission would be online on ETS. Broad outline of submissions are as

follows:

i) Submission of information about Bid Security/ Earnest Money Deposit (EMD) being

submitted ‘offline’ on or before the date & time of submission of bids.

ii) Submission of digitally signed copy of EoI Documents/ Addenda

(c) Online Submission of Two Electronic Envelopes


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i) Technical-Part

� Electronic Forms-Mandatory

� Main-Bid-Mandatory

� Bid-Annexures (Optional)

ii) Financial-Part

� Electronic Forms-Mandatory

� Main-Bid-Mandatory

� Bid-Annexures (Optional)

(Financial price schedule should be uploaded as Main Bid in this part and it should not be uploaded

again in the Bid annexure. If a bidder does so then price schedule as per ‘Main Bid’ only, shall be

taken into consideration during financial evaluation.

NOTE: Bidder must ensure that after above submissions & all other functional steps of the ETS

portal the status of bid submission must become – “Complete”. It should ne noted that only when

‘Status pertaining overall bid submission’ becomes ‘Complete’ then only the bid of a bidder appears in

the Electronic Tender Box on ETS portal and can be opened by tender opening committee of BSNL.

Even if a bidder submits some parts (as per ETS portal) of the online bid are submitted these will not

be transferred to Electronic tender Box until all the steps are completed and ‘Status pertaining overall

bid submission’ becomes ‘Complete’. After status pertaining ‘Status pertaining overall bid submission’

becomes ‘Complete’ may generate a receipt for ‘Confirmation of final bid submission’ on ETS portal.

Bidders should refer to User Manual for SO (Supplier Organisation) in USER GUIDANCE link of ETS

portal and follow all Do’s and Don’ts and other essential settings & guidelines.

6 Offline Submissions:

The Bidder is requested to submit the original documents as per clause 9 (b) of Section –II of EOI

[Note: The Bidder has to upload the Scanned copy of all above said original documents as Bid-

Annexure during Online Bid-Submission].

7 Special Note on Security of Bids

7.1 Security related functionality has been rigorously implemented in ETS in a multi-dimensional manner. Starting with 'Acceptance of Registration by the Service Provider', provision for security has been made at various stages in Electronic Tender's software. Specifically for Bid Submission, some security related aspects are outlined below.

7.2 As part of the Electronic Encrypter™ functionality, the contents of both the ‘Electronic Forms’ and the ‘Main-Bid’ are securely encrypted using a Pass-Phrase created by the Bidder himself. Unlike a ‘password’, a Pass-Phrase can be a multi-word sentence with spaces between words (eg I love this World). A Pass-Phrase is easier to remember, and more difficult to break. It is recommended that a separate Pass-Phrase be created for each Bid-Part. This method of bid-encryption does not have the security and data-integrity related vulnerabilities which are inherent in e-tendering systems which use Public-Key of the specified officer of a Buyer organization for bid-encryption. Bid-encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE), even if there is connivance between the concerned tender-opening officers of the Buyer organization and the personnel of e-tendering service provider.

7.3 Typically, ‘Pass-Phrase’ of the Bid-Part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each Bidder during the TOE itself, when demanded by the concerned Tender Opening Officer.

7.4 It is important for the bidder to keep a safe record of his Pass-phrases. It is the RESPONSIBILITY of the bidder to provide the CORRECT PASS-PHRASE for decrypting his


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bid part. In case the bidder is unable to provide the correct pass-phrase during the TOE, it will not be possible to open his bid and as his bid will be REJECTED (i.e. Archived Un-opened). Before rejection in such a situation, the bidder will be given opportunity to himself enter the pass-phrase from his own office or from BSNL’s office if his representative is physically present there.

7.5 There is an additional protection with SSL Encryption during transit from the client-end computer of a Supplier organization to the e-tendering server/ portal.

8 Public Online Tender Opening Event (TOE)

8.1 ETS offers a unique facility for ‘Public Online Tender Opening Event (TOE)’. Tender Opening Officers as well as authorized representatives of Bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices. Alternatively, duly authorized representatives of Bidders (i.e. Supplier organization) are requested to carry a Laptop with Wireless Internet Connectivity, if they wish to come to BSNL office for the Public Online TOE.

8.2 Every legal requirement for a transparent and secure ‘Public Online Tender Opening Event (TOE)’ has been implemented on ETS.

8.3 As soon as a Bid is decrypted with the corresponding ‘Pass-Phrase’ as submitted online by the Bidder himself (during the TOE itself), salient points of the Bids are simultaneously made available for downloading by all prospective Bidders. The tedium of taking notes during a manual ‘Tender Opening Event’ is therefore replaced with this superior and convenient form of ‘Public Online Tender Opening Event (TOE)’.

8.4 ETS has a unique facility of ‘Online Comparison Chart’ which is dynamically updated as each online bid is opened. The format of the chart is based on inputs provided by the Buyer for each Tender. The information in the Comparison Chart is based on the data submitted by the Bidders. A detailed Technical and/ or Financial Comparison Chart enhances Transparency. Detailed instructions are given on relevant screens.

8.5 ETS has a unique facility of a detailed report titled ‘Minutes of Online Tender Opening Event (TOE)’ covering all important activities of ‘Online Tender Opening Event (TOE)’. This is available to all prospective Bidders for ‘Viewing/ Downloading’.

8.6 There are many more facilities and features on ETS. For a particular tender, the screens viewed by a Supplier will depend upon the options selected/programmed by the Purchaser for the relevant tender.

IMPORTANT NOTE: In case of internet related problem at a bidder’s end, especially during ‘critical

events’ such as – a short period before bid-submission deadline, during online public tender

opening event, during e-auction, it is the bidder’s responsibility to have backup internet

connections. In case there is a problem at the e-procurement/ e-auction service-provider’s end (in

the server, leased line, etc) due to which all the bidders face a problem during critical events, and

this is brought to the notice of BSNL by the bidders in time, then BSNL will promptly re-schedule

the affected event(s).

9 Other Instructions

9.1 For further instructions, the vendor should visit the home-page of the portal (https://www.tcil-india-electronictender.com) and go to the User-Guidance Center

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

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


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9.4 The following ‘FOUR KEY INSTRUCTIONS for BIDDERS’ must be assiduously adhered to:

(a) Obtain individual Digital Signing Certificate (DSC or DC) well in advance of your first tender submission deadline on ETS

(b) Register your organization on ETS well in advance of your first tender submission deadline on ETS.

(c) Get your organization’s concerned executives trained on ETS well in advance of your first tender submission deadline on ETS

(d) Submit your Bids well in advance of tender submission deadline on ETS (There could be last minute problems due to internet timeout, breakdown, et al).

(e) While the first three instructions mentioned above are especially relevant to first-time users of ETS, the fourth instruction is relevant at all times.

9.5 Bidders must ensure that all documents uploaded on e-tender portal as files or zipped

folders, contain valid files and are not corrupt or damaged due to any processing at bidder

PC system like zipping etc. It shall be responsibility of bidder himself for proper extractability

of uploaded zipped files. Any error/ virus creeping into the files/folder from client end PC

system cannot be monitored by e-tender software/ server and will be bidder’s responsibility

only.

In case the files are non-extractable or illegible otherwise, then the bidder’s authorized

representative shall be given one chance by Tender opening Committee to open &

demonstrate the contents of bid data downloaded from the e-tender portal in his presence.

If, even after above chance, the bidders is unable to open & demonstrate the contents of

bid data downloaded from the e-tender portal in his presence then no fresh bid in any form,

soft or hard copies, shall be accepted by tendering authority and his bid shall be summarily

rejected and treated as non-responsive.

Some of the precautions that may be taken by bidder during the submission of files/folders on

e-tender portal (this list is not exhaustive one)

i. For ensuring this, bidder should cross-check contents of individual files zipped into a single

zipped folder before uploading as main bid on e-tender portal.

ii. Subsequent to uploading of ‘Main Bid’ folder and ‘Bid Annexures’ on e-tender portal, bidder

may cross-check the contents of files in the zipped folder in main bid and other files in bid

annexure and verify for proper opening of files.

10 Minimum Requirements at Bidders end

10.1 Computer System with good configuration (Min PIV, 1 GB RAM, Windows XP)

10.2 Broadband connectivity

10.3 Microsoft Internet Explorer 6.0 or above

10.4 Digital Certificate(s)

11 Training Program

11.1 One day training (10:00 to 17:00) would be provided, as per the following table. Training is optional but is advisable for first time users and shall be provided only if required by bidders for which they may please send request by Email.

11.2 The prospective participants are requested to carry a Laptop and Wireless Connectivity to Internet.

Scheduled Date Date of uploading of Tender document + 14 days

Venue BSNL Corporate Office,


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Bharat Sanchar Bhawan,

Janpath, New Delhi – 110001

Training Charges per day

(Per Participant)

As applicable by M/s TCIL

“EXPRESSION OF INTEREST” - Bharat Sanchar Nigam...

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