BSNL SOlar Tender
BSNL SOlar Tender
BSNL SOlar Tender
From: To,
Executive Engineer (E) Prospective Bidders
BSNL Electrical Division-II, …………………………..
Eastern Court,Janpath, …………………………..
New Delhi – 110001 …………………………..
Sub: Selection of Project Developers for setting up of Grid-Connected Rooftop Solar PV Projects on
BSNL Buildings under RESCO mode through competitive tariff bidding (Phase-2).
Please find enclosed the tender document in respect of the above-mentioned tender which contains the
following.
Section No. Item Page No.
If interested, kindly submit your bid offers online on or before date & time specified in Clause 6 of detailed
NIT.
Executive Engineer (E)
Tel.: 011-23329552&E-Mail: eeebsnled3@gmail.com.
.................................................................................................................................................
Regd. & Corporate Office: Bharat Sanchar Bhavan, H. C. Mathur lane,
Janpath, New Delhi-110001 Corporate Identity Number
(CIN): U74899DL2000GOI107739
www.bsnl.co.in.
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SECTION – 1
On behalf of Chairman and Managing Director, Bharat Sanchar Nigam Limited (BSNL) digitally sealed e-
Tenders, on rupee payment basis, are invited in Single Stage Bidding and two stage Opening using two
Electronic Envelopes (Techno-commercial bid & Financial bid) from the eligible bidders for Selection of
Project Developers for setting up of Grid-Connected Rooftop Solar PV Projects on BSNL Buildings under
RESCO mode through competitive tariff bidding(Phase-2) in the following states :-
Tentative Capacity EMD/Bid Security
Name of State(s)/UTs
(MW) to be allocated
Bihar, Chhattisgarh, Delhi, Jharkhand, Kerala, 4.5 Rs. 500/kWp of quoted capacity
Odisha, Punjab, West Bengal, Uttarakhand,
Andaman & Nicobar Islands, Arunachal
Pradesh, Assam, Himachal Pradesh, Jammu &
Kashmir, Manipur, Meghalaya, Mizoram,
Nagaland, Sikkim, Tripura.
Note-1: Each bidder can participate for any number of States. The choice of state will rest with a successful
bidder. The evaluation of the Tender shall be done on state basis.
Note-2: : The PMI-MII 2017 orders along with all its amendments and revisions as per DPIIT & DOT, Govt
of India Guidelines with latest amendments, if any, shall be applicable for this tender
1. The evaluation of the tender as well as allotment of the work will be done state wise. The bid form
along with price bid (as per Section-9 Part A& B) for each state should be filled.
2. Purchase of Tender Document: Tender document can be obtained by downloading it from the
BSNL website www.bsnl.co.in w.e.f. 20.11.2023 onwards. For online bid submission etc. bidders
have to mandatorily register (if not already registered) on tender portal NICs e-tender system-
(https://etenders.gov.in/eprocure/app) and follow all steps as per functionality of e-tender portal.
(Kindly refer Section 4 Part C of tender document for instructions on e-tendering)
2.1 The bidders are required to submit Tender fee of ₹ 4000/- + 18% GST (Total of ₹ 4720/-) preferably
through online payment mode [RTGS/NEFT etc.] in BSNL A/c as per the below mentioned
Bank/Beneficiary Details under intimation to this office. However, Tender Fee may also be submitted
through DD/ Banker’s cheque. The DD/ banker’s cheque shall be drawn from any
Nationalized/Scheduled Bank in favour of “AO (Cash), O/o CGM NTR BSNL, New Delhi” and
payable at “New Delhi”. In case, the bidder submits Demand draft as Tender Fee/bid Security, the
Name of the bidder shall be mentioned in the DD/Bankers Cheque issued.
BSNL Bank/Beneficiary Details for e-Payment transaction (Applicable both for Tender Fee/EMD):-
Beneficiary Name Account Officer (Cash) HQ, BSNL NTR, New Delhi
Address with pin code Old Post Office Premises, Eastern Court Compound, Janpath, New
Delhi- 110001
Name of Bank Union Bank of India
Bank Branch Connaught Place
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Branch Address F 14/15, Connaught Place, New Delhi-110001
Bank Account Number 307801010917560
Type of Account Current Account (Collection)
RTGS/IFSC Code UBIN0530786
MICR Code 110026006
PAN No. AABCB5576G
TAN No. DELB04661G
GSTN No. 07AABCB5576G1ZN
2.2 MSE (Micro & Small Enterprise) bidders are exempted from payment of Tender Fee/Bid Security
provided they submit current and valid Udyam Registration Certificate (URC) issued from the
Ministry of MSME for the manufacturing of Solar PV system. Udyam Registration Certificate
(URC), submitted by MSE bidder in their online bid for claiming exemption from Tender Fee & Bid
Security, should be current & valid on the date of opening of technical bid part.
Important Note: All existing enterprises registered under EM–Part-II or UAM or any other
registration issued by any authority under the Ministry of MSME, shall register again on the Udyam
Registration portal.
2.3 Bidders are requested to remain updated for any notices/amendments/clarifications etc. to the NIT
document through the websites https://etenders.gov.in/eprocure/app and www.bsnl.co.in. No
separate notifications will be issued for such notices/amendments/clarifications etc. in the print
media or individually. Intimation regarding notification on the above shall be updated on
www.bsnl.co.in and https://etenders.gov.in/eprocure/app.
3 Availability of Tender Document: The tender document shall be available for downloading from
BSNL website w.e.f. 20.11.2023 onwards. The same document shall also be uploaded on e-tender
portal (CPPP) for online bid submission.
3.1 Physical copies of the tender document would not be available for sale.
3.2 For online bid submission etc. bidders have to mandatorily register (if not already registered) on
tender portal NICs e-tender system CPPP - https://etenders.gov.in/eprocure/app) and follow all steps
as per functionality of e-tender portal. (Kindly refer Section 4 Part C of tender document for
instructions on e-tendering).
4 Eligibility Criteria: The bidder should meet the following eligibility requirements.
4.1.2 The Bidder must not be blacklisted by any Central/ State Governments/ PSUs in
India at the time of submission of bid. An undertaking must be submitted in this
regard.
4.1.3 The Bidder must have a valid PAN & valid registration under the GST Act. If the
bidder is not registered with GST authority at the time of bid submission, then he
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shall have to submit GST registration at the time of award of work/LOI/signing of
contract, if declared successful.
4.1.4 Bidding Consortium with one of the Companies as the Lead Member. The
consortium shortlisted and selected based on this NIT has to necessarily form a
Project Company and get it registered under the Companies Act, 2013 prior to
signing of PPA, keeping the original shareholding of the Bidding Consortium
unchanged. In case applications for multiple Projects have been made by a
Consortium, separate Project Companies may be formed for each Project. For the
avoidance of doubt, it is hereby clarified that the shareholding pattern of the Project
Company shall be identical to the capital investmentpattern of the Consortium.
4.1.6 Any bidder from a country which shares a land border with India will be eligible to
bid if the bidder is registered with the competent authority as specified in Annexure-
I of F.No.6/18/2019-PPD dated 23rd July 2020 and its subsequent amendment
issued from Department of Expenditure, Ministry of Finance."
OR
The bidder shall submit an undertaking as per proforma under Section-6(C) of
tender enquiry document. [For details F. No. 6/18/2019-PPD Department of
expenditure Public Procurement Division dated 23rdJuly 2020 and its subsequent
amendment may be referred.]
4.1.8 A Bidder which has been selected as Successful Bidder based on this NIT can also
execute the Project through a Special Purpose Vehicle (SPV) i.e., a Project Company
especially incorporated/acquired as a subsidiary Company of the successful bidder
for setting up of the Project, with at least 51% shareholding in the SPV which has to
be registered/incorporated under the Indian Companies Act, 2013, before signing of
PPA. Multiple SPVs may also be utilized for executing more than one Project,
however, no more than one SPV, which has been incorporated/registered for the
purpose of executing the Project, can be used for other Projects, if more than one has
been allotted to the successful bidder.
4.1.9 Any consortium, if selected as Successful Bidder for the purpose of supply of power
to BSNL, shall incorporate a Project company with equity participation by the
Members in line with consortium agreement (to be submitted along with the response
to NIT) before signing of PPA with BSNL, i.e., the Project Company incorporated
shall have the same shareholding pattern as that indicated in the Consortium
Agreement given at the time of submission of response to NIT. This shall not change
till the signing of PPA and the Controlling Shareholding (held by the Lead Member
holding not less than 51% of the voting rights and paid-up share capital) shall not
change from submission deadline of response to NIT up to one year after the COD
of the Project, except with the prior approval of BSNL.
4.1.10 The Bidder or any of its Affiliates should not be a willful defaulter to any lender,
and that there is no major litigation pending or threatened against the Bidder or any
of its Affiliates which are of a nature that could cast a doubt on the ability or the
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suitability of the Bidder to undertake the Project. The Bidder shall submit an
undertaking to this effect.
4.2.2 Detailed technical parameters for Solar PV Projects to be met by SPDs are at
Annexure-A. The bidders shall strictly comply with the technical parameters detailed
in Annexure-A. Further, the provisions as contained in the O.M. dated 10.03.2021
issued by MNRE on the subject “Approved Models and Manufacturers of Solar
Photovoltaic Modules (Requirement of Compulsory Registration) Order, 2019-
Implementation-Reg.” and its subsequent amendments and clarifications issued until
the bid submission deadline, shall be applicable for this NIT. The modules used in the
Project under this NIT should have been included in the List-I under the above Order,
valid as on the date of invoicing of such modules.
4.2.3 The Bidder must have experience in Design, Supply, Installation & Commissioning
of Grid Connected Solar PV Power Plants of cumulative Capacity not less than 25%
quoted capacity in the last 07 (Seven) consecutive Financial Years prior to the bid
submission deadline of this NIT. The Solar PV Power Plants must be commissioned
and should be operating satisfactorily for a period not less than 1 year. The last date
of bid submission will be the cut-off date for consideration of such experience.
AND
4.2.4 The Bidder must have experience in Design, Supply, Installation & Commissioning
of at least 01 (One) Grid Connected Solar PV Power Plants of individual minimum
capacities of not less than 100kW in the last 07 (Seven) Financial Years prior to the
bid submission deadline of this NIT. The Solar PV Power Plants and Solar Systems
must be commissioned and should be operating satisfactorily for a period not less than
1 year. The last date of bid submission will be the cut-off date for consideration of
such experience.
4.2.5 The Bidder shall submit applicable contract(s) and Project commissioning
certificate(s) for the respective Project(s) and a certificate from the respective client(s)
certifying satisfactory operation of the plant(s).
ii. The net worth to be considered for the above purpose will be the cumulative net-
worth of the Bidding Company or the Consortium bidding in tender, together with
the Net Worth of those Affiliates of the Bidder(s) that undertake to contribute the
required equity funding and PBG in case the Bidder(s) is not able to do so in
accordance with the NIT.
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iii. The Net Worth to be considered for this clause shall be the total Net Worth as
calculated in accordance with the Companies Act, 2013 and any further amendments
thereto.
AND
4.3.2 Minimum Average Turnover:
The Bidder shall demonstrate a Minimum Average Annual Turnover (MAAT) of INR 40
Lakhs/MW of the quoted capacity (Indian Rupees 40,00,000/- per MW), during the last
three financial years, i.e., 2022-23, 2021-22 and 2020-21. It is hereby clarified that “Other
Income” as indicated in the annual accounts of the Bidder shall not be considered for
arriving at the required annual turnover.
AND
4.3.3 Liquidity:
The Bidder shall demonstrate Working Capital or Line of Credit for the last Financial Year,
2021-22, for a minimum amount of Rs. 22.5 Lakhs. /MW of the quoted capacity (Indian
Rupees 22,50,000/- per MW).
4.3.4 The Bidder may seek qualification on the basis of financial capability of its Affiliate(s) for
the purpose of meeting the qualification requirements as per Clauses 4.3.1, 4.3.2 and 4.3.3
above. In case of the Bidder being a Bidding Consortium, any Member may seek
qualification on the basis of financial capability of its Affiliate. In this case, a Bidder can
use the credential of only a single affiliate to meet all the financial eligibility criteria. In
such cases, the Bidder, at the time of submission of the bid, shall be required to submit
Board Resolutions from the respective Affiliate, undertaking to contribute the required
equity funding and Performance Bank Guarantees in case the Bidder(s) fail to do so in
accordance with the NIT. In case of non-availability of the Board Resolution as required
above, a letter from the CEO/ Managing Director of the respective Affiliate, at the time of
submission of the bid, undertaking the above, shall be required to be submitted and the
requisite Board Resolution from the Affiliate shall be required to be submitted prior to
signing of PPA.
4.3.5 For the purposes of meeting financial requirements, only latest unconsolidated audited
annual accounts shall be used. However, audited consolidated annual accounts of the
Bidder may be used for the purpose of financial requirements provided the Bidder has at
least twenty six percent (26%) equity in each Company whose accounts are merged in the
audited consolidated account.
4.3.6 A Company/Consortium would be required to submit annual audited accounts for the last
FY, 2022-23, or as on the day at least 7 days prior to the bid submission deadline, along
with net worth, annual turnover, working capital certificate (if applicable) from a practicing
Chartered Accountant/Statutory Auditor to demonstrate fulfillment of the criteria.
4.3.7 For meeting the above financial eligibility criteria, if the data is provided by the Bidder in
a foreign currency, equivalent Indian Rupees of Net Worth and other financial parameters
will be calculated by the Bidder using Reserve Bank of India’s reference rates prevailing
on the date of closing of the accounts for the respective financial year. In case of any
currency for which RBI reference rate is not available, Bidders shall convert such currency
into USD as per the exchange rates certified by their banker prevailing on the relevant date
and used for such conversion. After such conversion, the Bidder shall follow the procedure/
submit document as elaborated in Clause 4.3.6 above.
4.3.8 In case the response to NIT is submitted by a Consortium, then the financial eligibility
requirement to be met by each Member of the Consortium shall be computed in proportion
to the equity commitment made by each member in the Project Company.
For example, if two companies A and B form a Consortium with equity participation in
70:30 ratio and submit their bid for a capacity of 4 MW, then, total Net-Worth to be met by
the Consortium is Rs. 20 Lakhs x 4 MW = Rs. 80Lacs. Minimum requirement of Net-Worth
to be met by Member A would be Rs. 56Lacs and the one to be met by Member B would
be Rs.24Lacs. Similar methodology shall be followed for computation of other
requirements.
4.3.9 Note: Wherever applicable, audited accounts for the last FY, 2022-23 will be required to
be submitted for meeting the qualification requirements. In case the audited annual accounts
of FY 2022-23 are not available, then, audited annual accounts of FY 2021-22 can be
considered. In such case, computation of MAAT shall include FY 2019-20 too.
5 Bid Security/EMD: The bidder shall furnish the bid Earnest Money Deposit (EMD) of INR 500 per kWp
of quoted Capacity (Indian Rupees Five Hundred per kWp of quoted Capacity) in any one of the
following ways:
5.1 Demand Draft/Banker’s Cheque drawn in favour of “AO (Cash), o/o CGM BSNL, NTR, New
Delhi” and payable at New Delhi separately for each zone participated.
i. Bank Guarantee(s) from a Scheduled Bank in India ( except Co-operative Banks), drawn
in favor of“AO (Cash), o/o CGM BSNL, NTR, New Delhi”, according to Format
under Section-7(A) and valid for 150 days from the date of bid opening, shall be
submitted by the Bidder along with their bid, failing which the bid shall be summarily
rejected. The Bank Guarantees towards EMD have to be issued in the name of the
Bidding Company/LLP/Firm (through its partners)/ Lead Member of Bidding
Consortium. In the event of encashment of EMD, the encashed amount shall include all
applicable taxes.
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ii. The Bidder shall furnish the Bank Guarantees towards EMD from any of the Scheduled
Commercial Banks as listed on the website of Reserve Bank of India (RBI) and amended
as on the date of issuance of bank guarantee. Bank Guarantee issued by foreign branch
of a Scheduled Commercial Bank is to be endorsed by the Indian branch of the same
bank or State Bank of India (SBI).
iii. BSNL will accept the EMD in the form of an unconditional and irrevocable Bank
Guarantee instead of the cash deposit with the clear position intimated to the bidder that
the EMD Bank Guarantee shall be encashable for being appropriated by BSNL in terms
of the guarantee as in the case of appropriation of the cash deposit lying with BSNL.
iv. The Bank Guarantee (BG) or amendment to be submitted against EMD shall be effective
only when the BG is duly verified with the issuing bank. BG issuing Bank shall also
generate an SFMS to the above Bank.
v. MSE (Micro & Small Enterprise) bidders are exempted from payment of EMD/Bid
Security provided they submit current and valid Udyam Registration Certificate (URC)
issued from the Ministry of MSME for the manufacturing of Solar PV system. Udyam
Registration Certificate (URC), submitted by MSE bidder in their online bid for claiming
exemption from Bid Security, should be current & valid on the date of opening of
technical bid part. The scope of area of the above MSE registered bidders may be for
designing/ manufacturing/ installation and commissioning of Solar PV plants.
6.2 In case the date of submission of bid is declared to be a holiday, the date of submission of bid
will get shifted automatically to next working day at the same scheduled time. Any change in
bid opening date due to any other unavoidable reason will be intimated to all the bidders
separately.
7.2 In case the date of opening of bid is declared to be a holiday, the date of opening of bid will
get shifted automatically to next working day at the same scheduled time. Any change in bid
opening date due to any other unavoidable reason will be intimated to all the bidders
separately.
9 Tender bids received after the due time & date will not be accepted.
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11 CMD, BSNL reserves the right to accept or reject any or all tender bids without assigning any reason. He
is not bound to accept the lowest bid.
12 The bidder shall furnish a declaration, as per Section 6 (A), in his tender bid that no addition / deletion /
corrections have been made in the terms & conditions of the downloaded tender document for which their
bid is being submitted and these are identical to the tender document appearing on the website.
12.1 In case of any correction/ addition/ alteration/ omission in the tender document, the tender bid
shall be treated as non-responsive and shall be rejected summarily.
12.2 All documents submitted in the bid offer should be preferably in English. In case the certificate
viz. experience, registration etc. is issued in any other language other than English/Hindi/
State’s official language, the bidder shall attach a translation of the same in English/Hindi/
State’s official language, duly attested by the bidder & the translator to be true copy in addition
to the relevant certificate.
12.3 All computer-generated documents should be duly signed/ attested by the bidder/ bidder
organization.
13 The queries in respect of this bid document, if any, can be submitted through Email latest upto 05.12.2023.
Any query received after this date will not be entertained
BSNL Contact-1
Contact Person Sh. I.P. Garg SDE (EP)(E-Tender)
Telephone 011-23319560[between 10:00 hrs. to 17:30 hrs. on working days]
E-mail ID eeebsnled3@gmail.com
BSNL Contact-2
Contact Person Sh. Yogesh Kumar Sharma EE(E)
Telephone 011-23329552[between 10:00 hrs. to 17:30 hrs. on working days]
E-mail ID eeebsnled3@gmail.com
Copy to: -
1 Superintending Engineer (Elect.), New Delhi.
2. Executive Engineer, ED-I, New Delhi.
3. S.D.E.(E), ESD, BSNL, Kalibari, Sikandrabad, Jhilmil & Netaji Nagar, Sanchar Bhawan.
4. Notice Board
5. Sr. Account Officer, ED-II
6. Planning Branch, ED-II.
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SECTION- 2
Tender Information
1.2 BSNL has huge building rooftop space across India which can be utilized for the installation of
rooftop Solar to generate renewable energy. The solar potential of BSNL rooftop space is
estimated to be about 50MWp at present.
1.3 One of the targets enshrined by the Government of India under the “Panchamrit '' announced by
the Hon’ble Prime Minister at the COP 26 summit at Glasgow, is meeting 50% of total energy
requirements from renewable energy by 2030 and net zero by 2070.
1.4 BSNL to be the active participant of Govt of India’s green energy target and to reduce its carbon
footprint has decided to explore and exploit its resources to harness green energy through solar
and wind renewable energy technology.
1.5 BSNL, in line with the Renewable Energy target of the Government, has proposed to install
Grid-Connected Rooftop Solar PV Projects in its premises/buildings, to increase electricity
consumption through renewable energy. As a part of Govt initiatives, BSNL hereby invites
proposals for setting up of around 4.5 MW Grid-Connected Rooftop Solar PV (RTSPV)
Projects in Phase-2 on a Build Own Operate and Transfer (BOOT) basis, on the buildings
owned by itself in RESCO Model.
1.6 The Bidders will be free to avail of fiscal incentives like Accelerated Depreciation, Concessional
Customs and Excise Duties, Tax Holidays, carboncredit etc. as available for such Projects. The
same will not have any bearing on the comparison of bids for selection. As equal opportunity is
being provided to all Bidders at the time of tendering itself, it is up to the Bidders to avail of
various tax and other benefits. No claim shall arise on BSNL for any liability if Bidders are not
able to avail fiscal incentives and this will not have any bearing on the applicable tariff. BSNL
does not, however, give a representation on the availability of fiscal incentives, and submission
of bid by the Bidder shall be independent of such availability or non-availability as the case may
be of, the fiscal incentives.
1.7 No separate Central Financial assistance is envisaged for the implementation of the projects
selected under this NIT.
Note 1:-The bidder shall submit Techno-commercial bid and financial bid simultaneously by the
bid submission end date & time as per e-tender portal.
Note 2:-In 1ststage technical bid part shall be opened. Financial bids of only those bidders shall
be opened in the 2ndstage, who are found to be techno-commercially responsive.
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2.2 It shall be the sole responsibility of the interested bidders to get themselves registered at the
aforesaid (CPP) portal for which they are required to contact NIC.
For proper uploading of the bids on the CPP portal, it shall be the sole responsibility of the bidders
to apprise themselves adequately regarding all the relevant procedures and provisions as detailed
in the portal. BSNL in no case shall be responsible for any issues related to timely or proper
uploading/ submission of the bid in accordance with the relevant provisions of the Bidding
Documents.
2.3 Bidders should submit their bid proposal complete in all aspects on or before the last date and
time of Bid Submission as mentioned on CPP portal https://etenders.gov.in/eprocure/appand
BSNL website http://www.bsnl.co.in.
2.4 BSNL reserves the right to cancel/withdraw/defer this invitation for bids without assigning any
reason and shall bear no liability whatsoever consequent upon such a decision.
2.5 INTERPRETATIONS
a) Words comprising the singular shall include the plural & vice versa.
b) An applicable law shall be construed as a reference to such applicable law including its
amendments or re-enactments from time to time.
c) A time of day shall save as otherwise provided in any agreement or document be construed
as a reference to Indian Standard Time.
d) Different parts of this contract are to be taken as mutually explanatory and supplementary to
each other and if there is any differentiation between or among the parts of this contract, they
shall be interpreted in a harmonious manner so as to give effect to each part.
e) The table of contents and any headings or sub headings in the contract have been inserted for
case of reference only & shall not affect the interpretation of this agreement.
Digitally signed online bids are to be submitted in Single Stage Bidding and two stage
opening e-tendering process using two electronic Envelopes from the eligible bidders by the
time and date specified in the Bid Document.
Note: The bids will be evaluated techno-commercially first and thereafter financial bids of
techno-commercially compliant bidders only, shall be opened.
4. The tender offer shall contain two electronic envelopes viz. techno-commercial and financial
envelope. The techno-commercial part/envelope will be opened first and then second electronic
envelope consisting of financial bids will be opened for those bidders whose techno commercial
bids are found to be responsive.
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(a) EMD or valid Udyam Registration certificate, if claiming exemption under MSE (Micro
or Small Enterprise) Category or Proof of successful e-Payment of EMD, as the case may
be.
(b) DD towards Tender fee or valid Udyam Registration certificate if claiming exemption
under MSE (Micro or Small Enterprise) Category or Proof of successful e-Payment of
Tender Fee, as the case may be.
(c) Certificate(s) showing fulfillment of the eligibility criteria(s) stated in Clause 4 of the
Detailed NIT.
(d) Power of Attorney (PoA) & authorization for executing the power of Attorney in
accordance with Clause 14.3 of Section 4 Part A. (not required in case of Proprietary /
partnership firm if the proprietor/partnership himself signs the documents) and board
resolution in favour of authorized signatory.
(f) Details of the firm along with List of Directors on the Board of the Company, list of
partners, as applicable.
(g) Attestation of the signature of the authorized signatory, issuing PoA, by Bank.
(h) Bidder’s Profile & Questionnaire duly filled & signed as per Section-8.
(i) Indemnity bond declaration for indemnifying BSNL against any non-compliance by bidder
towards all applicable statutory requirements, if work is awarded, as per Annexure-1.
(j) Letter of authorization for attending bid opening event as per Section -7 Part (C).
(k) No Near-Relationship Certificate duly filled & signed as per Section-6 Part B.
(l) Undertaking & declaration duly filled & signed as per Section-6 Part A.
i. A single levelized tariff as a bidding parameter: Under this NIT, the bidding
parameter shall be the tariff quoted by the Bidder i.e., a fixed tariff in Rs. /kWh for
the term of the PPA.
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ii. A single tariff to be quoted for each State: A single tariff shall be quoted by the
bidder in a particular state. The single tariff for an individual state will be applicable
on all the buildings falling geographically under the respective state. Decision of a
particular building falling under a specific state will be taken by BSNL and shall be
binding on all parties concerned.
iii. The above tariff fixed for the term of the PPA-shall include all costs related to the
Scope of Work as per the NIT and Obligations of the SPD under the PPA. The Bidder
shall quote for the entire facilities on a “single responsibility” basis such that the tariff
covers all the obligations in respect of Design, Supply, Erection, Testing and
Commissioning including Warranty, Operation & Maintenance (25 years), inclusive
of all taxes. The fixed tariff should be quoted while accounting for the cost of grid-
connectivity and net metering application/ security deposit etc. All costs associated
with net-metering will have to be borne by the successful Bidder/SPD where
applicable.
iv. The tariff shall remain firm and fixed and shall be binding on the Successful
Bidder/SPD for the Term of the PPA irrespective of actual cost of execution of the
Project. No escalation on the tariff will be granted for any reason whatsoever. The
SPD shall not be entitled to claim any additional charges, even though it may be
necessary to extend the completion period for any reasons whatsoever.
v. The fixed tariff shall be inclusive of all duties and taxes, insurance etc. The prices
quoted by the firm shall be complete in all respects and no price variation/adjustment
shall be payable by BSNL. However, statutory variation of taxes and duties may be
paid by the BSNL.
vi. Only a single tariff bid for each State, for the cumulative Project capacity quoted by
the bidders, shall have to be filled online in the Electronic Form provided at the CPP
portal. The instructions mentioned in the Financial Bid Electronic Form have to be
strictly followed without any deviation, else the bid shall be considered as non-
responsive.
(a) The Bidding envelope shall be properly sealed with the signature of the Authorized
Signatory running across the sealing of the envelope.
(b) In case the Bidder submits the online documents on CPP within the bid submission
deadline but fails to submit the documents offline as per NIT within 5 working
days after bid submission deadline, the online bid of the Bidder shall not be opened
and shall be ‘archived’ on the CPP portal. Similarly, bids submitted offline but
without any online submission on CPP portal shall not be opened.
For e.g., if the bid submission deadline is 18:00 hrs on 05.10.2023, the above deadline
will expire at 18:00 hrs on 10.10.2023. In case of the above deadline being a holiday,
the next working day in BSNL will be the deadline for offline submission.
4.3.1 EMD – Bid security (in original) or certificate claiming exemption (by MSE bidders).
4.3.2 DD/ Banker’s cheque of Tender fee (in original) or certificate claiming exemption (by
MSE bidders).
4.3.3 Power of Attorney in accordance with Clause 14. 3 of Section 4 Part A and authorization
for executing the power of Attorney.
4.3.4 Integrity Pact (on plain paper), applicable only if tender’s estimated value exceeds the
threshold of Rs. 10.0 Crores (in Circle level) and Rs.25 Crore (in corporate level) and
above.
Note: Please Note that the online bid shall be archived unopened/rejected at the bid
opening stage, if the scanned copies of proof of payment of Tender Fee/EMD or proof
of valid MSE Certificate for claiming exemption of payment of Tender Fee/EMD are not
found in the technical bid part in CPP Portal. Moreover, if the Original DD/EMBG
towards Tender Fee/Bid security (if not paid through electronic payment mode) are not
received within 5 days after opening of technical bid parts, then the online submitted bids
shall be rejected.
5 Payment Terms:
5.1 The bidder should submit the invoice of bills monthly to the officer in-charge of the zone as per
the rate, terms, and conditions of the Power Purchase Agreement (PPA). The Tax Invoices are to
be submitted by bidder in triplicate.
5.2 The monthly bills submitted should be a system generated as per the actual solar power generated
in a month.
5.3 Tax Invoices shall be paid through Electronic Clearance Scheme (ECS) only. The firm should
submit the mandate form for this purpose along with the Agreement while entering into the
Contract.
5.4 Online generated GST payment details of previous month shall be submitted with the invoice(s)
for payments.
Note: - All statutory taxes and levies as applicable shall be deducted at source before payment.
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SECTION- 3 (Part A)
SPECIAL CONDITIONS OF THE CONTRACT
1 SCOPE OF WORK
1.1 Under this NIT, the successful bidder [hereinafter Solar Power Developer OR (SPD)] shall be
required to set up Grid-Connected Rooftop Solar PV (RTSPV) Projects, with the primary
objective of supplying solar power to BSNL-owned buildings, as per the provisions of the NIT
and draft standard Power Purchase Agreement (PPA). However, in certain buildings, BSNL may
go for off-grid SPV systems.
1.2 The Projects shall be set up under the RESCO Mode, as defined by MNRE. The scope of work
of the SPD, inter alia, includes obtaining a No Objection Certificate (NOC) from the Distribution
Company (DISCOM) for grid connectivity, complete design, engineering, supply, storage, civil
work, erection, testing & commissioning of the RTSPV Project including Operation and
Maintenance (O&M) of the project for the term of the PPA. The O&M of the Project may include
wear, and tear, overhauling, machine breakdown, insurance, and replacement of defective
modules, inverters/ Power Conditioning Units (PCU), spares, consumables & other parts for the
PPA term.
1.3 Obtaining Net-metering and grid connectivity of the Project under this tender would be the
responsibility of the bidder in accordance with the prevailing guidelines of the respective State
Electricity Regulatory Commissions (SERC) or Central Electricity Authority (CEA) or the
DISCOM in the respective area. The respective BSNL Circle team shall facilitate connectivity
and necessary approvals; however, the entire responsibility lies with the SPD only.
1.4 The SPD shall take all necessary permits, approvals and licenses, insurance etc., provide training
and such other items and services required to complete the scope of work mentioned above.
1.5 The Projects to be selected under this scheme provide for the deployment of Solar Photovoltaic
Technology. However, the selection of Projects would be technology agnostic.
The estimated cumulative Project capacity envisaged for BSNL buildings is around 4.5 MWp.
The tentative list of Buildings (State-wise) has been annexed at Annexure-C. The final capacity
to be installed will be determined at the time of the signing of PPA between the SPD and BSNL.
Capacity allocation under empanelment is detailed in Section 8 of the NIT.
The following conditions shall be applicable to the Bidders for submission of bids against this
NIT:
3.1 A Bidder, including its Parent, Affiliate or Ultimate Parent or any Group Company shall submit
a single bid offering a minimum quantum of Contract Capacity of 200KW and a maximum
quantum of 2.5 MW with each project size being between 20KW to 100KW only.
3.2 The total capacity to be allocated to a Bidder including its Parent, Affiliate or Ultimate Parent or
any Group Company shall be up to 2.5 MW.
3.3 The evaluation of bids shall be carried out as described in Section-5 of the NIT. The methodology
for the Allocation of Projects is elaborated in Section-5 of the NIT.
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3.4 Subject to the exception as per Clause 5.1 above, multiple bids from the same company including
its Parent/ Ultimate Parent/Affiliates/Group Companies shall make all the bids submitted by the
group invalid.
4 PROJECT LOCATION
4.1 The Projects shall be located at the locations (States and UTs divided into Zones) can be chosen
by the prospective bidder at its own discretion of and cost, risk and responsibility. A state wise
list along with the maximum capacity to be allocated and maximum tariff a bidder can quote
under each zone/state is mentioned below.
To facilitate the Bidders, an indicative list of possible rooftops has been enclosed as Annexure-
C. Successful bidders will be required to visit the respective sites and assess the feasibility of
space including installation capacity in consultation with the respective site in charge/ rooftop
owner. However, the entire responsibility of identifying the roofs will be of the Successful Bidder.
BSNL shall not bear any responsibility in this regard.
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4.2 Project Configuration:
The term “Project” shall have the meaning as defined in Section 6 of the NIT. A single Project
shall refer to one or multiple Grid-connected/standalone RTSPV systems installed on a
single/group of buildings, connected to the grid through single or multiple meters. PPA will be
signed for each Project separately. Configuration of a Project is under the scope of the SPD,
subject to the condition that the minimum Project size shall be 20 kW. Configuration of each
project shall be decided mutually between BSNL and Successful bidders/SPD.
5.1 The Project should be designed for interconnection with the grid in accordance with prevailing
CERC/SERC/DISCOM regulations in this regard. For interconnection with the grid and metering,
the SPD shall abide by applicable Grid Code, Grid Connectivity Standards, Regulations on
Communication Systems for transmission of electricity, and other regulations/procedures (as
amended from time to time) issued by Appropriate Commissions and Central Electricity
Authority (CEA), and any other regulations of the concerned DISCOM where the Project is
located. The minimum voltage level for interconnection with the grid shall be as determined by
the respective DISCOM.
5.2 The responsibility of getting connectivity and necessary approvals for grid connection and net-
metering shall entirely be with the SPD and shall be at the risk and cost of the SPD. The
transmission of power up to, and including at the point(s) of interconnection where metering is
done for energy accounting, shall be the responsibility of the SPD at its own cost. The
maintenance of the transmission system up to and including at the Interconnection Point shall be
the responsibility of the SPD, to be undertaken entirely at its risk and cost.
5.3 Metering arrangement of each Project shall have to be adhered to in line with relevant clauses of
the PPA. The entire cost of transmission (if applicable) including cost of construction of the line,
wheeling charges, SLDC/Scheduling charges, SOC, MOC, maintenance, losses etc. and any
other charges from the Project up to and including at the Interconnection Point will be borne by
the SPD.
5.4 Note: The SPD shall apply for Net-metering approval with the respective DISCOM within 90
days of signing of PPA, failing which, the PPA will be liable to be terminated by the BSNL, along
with encashment of PBG for the respective Project.
7 COMMISSIONING OF PROJECTS
Commissioning of the Project shall be carried out by the SPD in line with the procedure as per
the PPA document. The BSNL may authorize any individual or committee or organization to
witness and validate the commissioning procedure on site. Commissioning certificates shall be
issued by the DISCOM/BSNL after successful Project commissioning.
7.1 Commissioning Schedule and Liquidated Damages Not Amounting to Penalty for Delay in
Commissioning
a. The completion period for each project shall be 6 months after issuance of letter of Intent
(LoI)
b. The maximum time period allowed for commissioning of the full Project Capacity with
applicable liquidated damages, shall be limited to the date as on 18 months from the SCD
or the extended SCD (if applicable) (for e.g. if SCD of the Project is 07.07.2023, then the
above deadline for Project commissioning shall be 07.01.2025).
c. In case of delay in commissioning of the Project beyond the SCD until the date as per Clause
7.1(b) above, as part of the liquidated damages, the total PBG amount for the Project may
be encashed on per-day-basis and proportionate to the balance capacity not commissioned.
For example, in case of a Project of 2 MW capacity, if commissioning of 1 MW capacity is
delayed by 18 days beyond the SCD, then the liquidated damages shall be: PBG amount X
(1/2) X (18/180). For the purpose of calculations of the liquidated damages, ‘month’ shall
be considered consisting of 30 days.
d. In case Commissioning of the Project is delayed beyond the date as per Clause 7.1.b above,
the PPA capacity shall stand reduced/amended to the Capacity commissioned until the day
ending 18 months from the SCD, and the PPA for the balance capacity will stand terminated.
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8 OPERATION & MAINTENANCE (O&M) GUIDELINES TO BE MANDATORILY
FOLLOWED BY THESPD
8.1 The SPD shall be responsible for all the required activities for successful O&M of the Rooftop
Solar PV system for the PPA term from the date of commissioning of the Project.
8.2 Following guidelines shall be followed in this regard. In addition, O & M practices shall be strictly
followed.
i. O&M of the Project shall be compliant with grid requirements to achieve committed energy
generation.
ii. Deputation of qualified and experienced engineer/ technicians till the O&M period at project
site at its own cost.
iii. Periodic cleaning of solar modules. The modules shall be cleaned with a periodic interval of
15 days or as and when required as per actual site conditions. It is the responsibility of the SPD
to get the modules cleaned during O&M Period at its own cost.
iv. A “hindrance register” shall be maintained to record any issues affecting Project O&M. The
same shall be duly signed by both parties of the PPA, recording.
v. Periodic checks of the Modules, PCUs and BoS shall be carried out as a part of routine,
preventive and breakdown maintenance.
vi. Immediate replacement of defective Modules, Inverters/PCUs and other equipment as and
when required.
vii. Supply of all spares, consumables and fixtures as required. Such stock shall be maintained for
all associated equipment and materials as per manufacturer’s / supplier’s recommendations.
viii. All the testing instruments required for Testing, Commissioning and O&M for the healthy
operation of the Plant shall be maintained by the SPD. The testing equipment must be
calibrated once in a year from NABL accredited labs and the certificate of calibration must be
kept for reference as required.
ix. If negligence/ mal-operation on part of the SPD's operator results in failure of equipment, such
equipment should be repaired/ replaced by the SPD free of cost.
x. Coordination with Owner / DISCOM / CEIG as per the requirement for Joint Meter Reading
(JMR) Report. The person-in-charge present at site from the SPD’s side shall take a joint meter
reading in the presence of rooftop owner on a monthly basis.
xi. Online Performance Monitoring, controlling, troubleshooting, maintaining of logs & records.
A maintenance record register is to be maintained by the operator with effect from
Commissioning to record the daily generation, regular maintenance work carried out as well
as any preventive and breakdown maintenance along with the date of maintenance, reasons
for the breakdown, duration of the breakdown, steps taken to attend the breakdown, etc.
xii. For any issues related to operation & maintenance, a toll-free number shall be made available
to the rooftop owner to resolve the same within 72 hours.
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xiii. If any jobs covered in O&M Scope as per NIT are not carried out by the SPD during the O&M
period, BSNL shall take appropriate action as deemed fit. BSNL reserves the right to make
surprise checks/ inspection visits at its own or through authorized representatives to verify the
O&M activities being carried out by the SPD. Failure to adhere to above guidelines may result
in penal action including debarring from participation in the next tender.
xiv. It is up to SPD and BSNL as a client to mutually decide on the source and amount of water to
be supplied for module cleaning during O&M period.
8.3 O&M PBG: Prior to release of the PBG upon successful commissioning of the Project, the SPD
shall submit O&M Performance Bank Guarantee (PBG) for the same value as per Clause 12
Section-3 (Part B) of the NIT, valid upto 3 years from COD initially and extendable suitably during
concurrency of PPA. This PBG shall also be issued in the name of the BSNL, and it reserves the
right to encash this PBG upto the amount as per his choosing, as per Clause 12.5 Section-3 (Part
B) of the NIT.
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SECTION- 3 (Part B)
STANDARD CONDITIONS OF THE CONTRACT
The BG towards EMD submitted as prescribed in the Formats 7.3 A (EMD) shall be forfeited
by BSNL in any of the following cases:
a. If the Bidder withdraws or varies the bid after due date and time of bid submission and
during the validity of bid; or
b. In case, BSNL offers to execute the PPA with the Successful Bidder and if the Successful
Bidder does not execute the PPA within the stipulated time period; or
c. If at any stage, before or after issuance of LOI, it is found that the documents furnished
by the Bidder as part of response to NIT are misleading or misrepresented in any way;
OR
d. If the Bidder fails to furnish required PBG in accordance with Clause 12 Section-3 (Part
B) of the NIT.
12.1 Bidders, selected by BSNL based on this NIT, shall submit a Performance Guarantee for a
value @ INR 1000/KW of approved capacity (Indian Rupees One Thousand per KW of
approved capacity) prior to the signing of PPA.It may be noted that Successful Bidders shall
submit the Performance Guarantee according to Format 7.3C with a validity period upto (&
including) the date as on 12 months after the Scheduled Commissioning Date of the Project.
12.2 All Performance Bank Guarantees (PBGs) shall be submitted separately for each Project. The
PBG shall be issued in the name of BSNL whose details will be provided to the SPD prior to
issuance of the PBG.
Note: The PBGs are required to be submitted in the name of the entity signing the PPA. In
case of PPA being eventually signed with the SPV incorporated/utilized by the successful
bidder, the PBG may be submitted in the name of the successful bidder within the above-
prescribed deadline, if the bidder chooses to do so, and the same shall be replaced by the PBG
issued in the name of the SPV, prior to signing of PPA.
12.3 The SPD shall furnish the PBG for O&M for performance of the obligations of the terms of
Agreement/PPA from any of the Scheduled Commercial Banks as listed on the website of
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Reserve Bank of India (RBI) and amended as on the date of issuance of bank guarantee. Bank
Guarantee issued by foreign branch of a Scheduled Commercial Bank is to be endorsed by the
Indian branch of the same bank or State Bank of India (SBI). In case of the Project being
implemented through an SPV incorporated by the successful bidder, the PBG shall be
furnished in the name of the SPV.
12.4 The format of the Bank Guarantee prescribed in the 7.3 C (PBG) shall be strictly adhered to
and any deviation from the above Formats shall result in rejection of the PBG and
consequently, the Project. In case of deviations in the formats of the Bank Guarantees, the
corresponding PPA shall not be signed.
12.5 The selected Bidder for the Project selected based on this NIT is required to sign PPA within
the timeline as stipulated in Clause 18 of the NIT. Without prejudice to any other rights, the
Bank Guarantee i.e., the PBG shall be encashed by BSNL in any of the following cases
(a) Any breach or non-observance of obligations set out herein under this Agreement, or
(b) Breach of Maintenance Requirements or Safety Requirements or non-compliance to
remedy of defect/deficiency instructions of BSNL, or
(c) Non-renewal of Performance Security in accordance with terms hereof
(d) Change in ownership in breach of the Agreement, or
(e) Non-submission of PBG required for the purpose of O&M, or
(f) Any other Default under in this Agreement.
12.6 The Bank Guarantees have to be executed on non-judicial stamp paper of appropriate value as
per the Stamp Act relevant to the place of execution.
12.7 All expenditure towards execution of Bank Guarantees such as stamp duty etc. shall be borne
by the Bidders/SPDs.
The PBG of SPDs shall be returned to them, after successful commissioning of their projects
as per Terms of PPA and after successful receipt and verification of the PBG for O&M, after
taking into account any liquidated damages due to delays in commissioning as per Clause 9
of the NIT.
13.1 BSNL shall enter into Power Purchase Agreements (PPAs) with Bidders selected based on this
NIT. A copy of standard PPA to be executed between the two parties is available on
ANNEXURE-D. The PPA shall be signed within 90 days from the date of issue of Letter of
intent (LOI), if not extended by BSNL. Subsequent extensions in thistimeline shall be finalized
as mutually agreed by the BSNL and the SPD. PPA will be executed between BSNL and
selected bidder, or its SPV, separately for each Project. The PPA shall be valid for a period of
25 years from date of commissioning of the Project. Any extension of the PPA term beyond
this shall be carried out through mutual agreement between the SPD and the BSNL
Bidder has to make the complete and careful examinations of feasibility of capacity estimation
as per the load study of buildings and respective regulations of net metering before signing of
PPA.
13.2 Capacity identification and confirmation: Subsequent to issuance of LOIs by BSNL, for the
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first 30 days, only the L1 bidder(s) from each site will be allowed to carry out site visits and
due diligence of the buildings offered and assess the Project sizing and estimated capacity
installation under the cumulative capacity awarded for each site. Within this period, the
individual Project size to be set up on each building and the cumulative Project capacity for
which PPAs are to be signed, will be finalized by both parties.
13.3 Only after the aforementioned period of 30 days is over, Successful bidders other than L1 will
be required to carry out site visits and due diligence of the buildings offered by BSNL and
assess the Project sizing and estimated capacity installation under the cumulative capacity
awarded for each state. Within this period, the individual Project size to be set up on each
building and the cumulative Project capacity for which PPAs are to be signed, will be finalized
by both parties.
13.4 The Performance Bank Guarantee as per Clause 12 Section-3 (Part B) above, shall be
submitted by the SPD prior to signing of PPA. Before signing of PPA, BSNL will verify the
shareholding of the Project Company along with a copy of complete documentary evidence.
If at this stage, it is found that the documents furnished by the SPDs are false/ misleading or
misrepresented in any way, then the provisions contained in this NIT will be applicable.
BSNL will issue necessary go-ahead for signing of PPA, upon verification of compliance of
pre-requisites by the SPD as brought out above. The PBG will be required to be submitted
directly to the BSNL.
14 INTEGRITY PACT
In respect of this project, the Electrical Unit, BSNL CO New Delhi, would be monitoring internally
the execution of contract to oversee implementation and effectiveness of the Integrity Pact (IP)
Program based on the IP executed with the Developer, as per Format. The followings are the names
of Internal Monitor(s)/representative in terms of Integrity Pact (IP):
The above-mentioned IMs are authorized to examine/consider all references made to it under this
tender/Contract. The contractor, in case of any dispute(s)/complaint(s) pertaining to this project may
raise the issue either with the designed Nodal Officer in BSNL or directly with the IM at BSNL office
at following Address:
The Internal Monitor (IM) has the right to access without restriction all Project documentation of the
Employer including that provided by the Contractor. The Contractor will also grant the Monitor,
upon his request and demonstration of a valid interest, unrestricted and unconditional access to his
Project Documentations. The same is applicable to Subcontractors. The Monitor is under contractual
obligation to treat the information and documents of the Bidder/Contractor/Sub-Contractors / JV
Partners / Consortium member with confidentiality.
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15 MINIMUM PAID UP SHARE CAPITAL TO BE HELD BY PROJECT PROMOTER
15.1 The Bidder shall provide complete information in their bid in reference to this NIT about its
promoters and upon issuance of LOI, the SPD shall indicate its shareholding in the company
indicating the controlling shareholding before signing of PPA with BSNL.
15.2 No change in the controlling shareholding of the Bidding Company or Bidding Consortium
shall be permitted from the date of submission of response to NIT till the execution of the PPA
and the Controlling Shareholding (held by the Lead Member holding not less than 51% of the
voting rights and paid-up share capital) shall not change from submission deadline of response
to NIT up to one year after the COD of the Project, except with the prior approval of BSNL.
However, in case the Project is being set up by a listed Company, this condition will not be
applicable.
i. Infusion of Fresh equity capital amongst the existing shareholders/promoters at the time
of Bid Submission to meet equity requirements.
iii. Death, marriage, Divorce, minor attaining major (any legal heir who was minor at the
time of signing of PPA), insolvent, insane of existing shareholders.
iv. Transfer of shares within the members of Immediate Promoter Group only.
15.3 In case of Project being executed through SPVs: The Selected Bidder executing the project, if
being a single company, shall ensure that its shareholding in the SPV/ Project Company
executing the PPA, shall not fall below 51% at any time prior to 01 (one) year after the COD.
In the event the selected Bidder is a consortium, then the combined shareholding of the
consortium members in the SPV/ Project Company executing the PPA, shall not fall below
51% at any time prior to 01 (one) year after COD. However, in case the Project is being set up
by a listed Company, this condition will not be applicable.
15.4 In case of the selected Bidder itself executing the PPA, it shall ensure that its promoters shall
not cede control (Control shall mean the ownership, directly or indirectly, of more than 50%
of the voting shares of such Company or right to appoint majority Directors), till 01 (one) year
after the COD. However, in case the Project is being set up by a listed Company, this condition
will not be applicable.
15.5 In the case of companies having multiple promoters (but none of the shareholders having more
than 50% of voting rights and paid-up share capital), it shall be considered as a company under
joint control. In such cases, the shareholding pattern in the company as submitted at the time
of bidding, shall be maintained for a period of 01 (one) year after COD.
15.6 Any change in the shareholding after the expiry of 01 year after COD can be undertaken with
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the prior approval of the BSNL.
The bidder including its Parent, Affiliate or Ultimate Parent or any Group Company shall submit a
single response to NIT. Detailed Instructions to be followed by the bidders for online submission of
response to NIT are stated at Annexure – B. Submission of bid proposals by Bidders in response to
NIT shall be in the manner described below:
ii. In case of a Bidding Consortium, a Power of Attorney in favour of the Lead Member issued
by the other Members of the Consortium shall be provided in original.
iv. Board Resolutions, duly certified by the Company Secretary or the Director of the relevant
Bidder, as applicable to the Bidder and mentioned hereunder:
a. Board Resolution from the Bidding Company or the Lead Member of the Consortium, as the
case may be, in favour of the person signing the response to NIT and in the event of selection
of the Projects and to sign the PPA with BSNL. Board Resolution from each of the Consortium
Members in favour of the person signing Consortium Agreement.
b. Board Resolution from the Bidding Company committing 100% (One Hundred Percent) of
the equity requirement for the Project/ Board Resolutions from each of the Consortium
Members together in aggregate committing to 100% (One Hundred Percent) of equity
requirement for the Project (in case of Bidding Consortium); and
c. Board Resolutions from each of the Consortium Members and Lead member contributing such
additional amount over and above the percentage limit (specified for the Lead Member and
other member in the Consortium Agreement) to the extent becoming necessary towards the
total equity share in the Project Company, obligatory on the part of the Consortium pursuant
to the terms and conditions in the Consortium Agreement.
v. In the case of a Consortium, the Consortium Agreement between the Members in the
Consortium along with Board resolution from each Member of the Consortium for
participating in Consortium.
vi. Format for Financial Requirements along with the certificate from practicing Chartered
Accountant/ Statutory Auditors showing details of computation of the financial credentials of
the Bidder.
viii. A disclosure statement regarding participation of any related companies in the bidding
process.
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ix. Attachments
In case, there is no mention of the above provisions in the MoA/ AoA of the Bidder, the same
has to be amended and submitted prior to signing of PPA, if the bidder is selected as
Successful bidder.
If the selected bidder wishes to execute the project through a Special Purpose Vehicle (SPV),
the MoA/ AoA of the SPV highlighting the relevant provision which highlights the objects
relating to Power/ Energy/ Renewable Energy/ Solar Power plant development has to be
submitted prior to signing of PPA.
iii. A certificate of shareholding of the bidding company, its Parent and Ultimate Parent (if any)
duly certified by a practicing Chartered Accountant/Company Secretary as on a date within
30 days prior to the last date of bid submission. BSNL reserves the right to seek additional
information relating to shareholding in promoter companies, their parents/ ultimate parents
and other group companies to satisfy themselves that NIT conditions have been complied
with and the bidder will ensure submission of the same within the required timelines.
iv. Certified copies of annual audited accounts for the last financial year, i.e. FY 2021-22/2020-
21, and provisional audited accounts, along with certified copies of Balance Sheet, Profit &
Loss Account, Schedules and Cash Flow Statement supported with bank statements as on the
date at least 7 days prior to the due date of bid submission (if applicable), shall be required
to be submitted.
v. Details of all types of securities/instruments which are pending conversion into equity
whether optionally or mandatorily.
17.1 Wherever information has been sought in specified formats, the Bidders shall fill in the details
as per the prescribed formats and shall refrain from any deviations and referring to any other
document for providing any information required in the prescribed format.
17.2 The Bidders shall be shortlisted based on the declarations made by them in relevant schedules
of NIT.
17.3 If the Bidder/Member in a Bidding Consortium conceals any material information or makes a
wrong statement or misrepresents facts or makes a misleading statement in its response to
NIT, in any manner whatsoever, BSNL reserves the right to reject such response to NIT and/or
cancel the Letter of intent, if issued, and the Bank Guarantee provided up to that stage shall
be encashed. Bidders shall be solely responsible for disqualification based on their declaration
in the submission of response to NIT.
17.4 If the event specified at Clause 17.3 is discovered after the Effective Date of PPA,
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consequences specified in PPA shall apply.
17.5 Response submitted by the Bidder shall become the property of the BSNL and BSNL shall
have no obligation to return the same to the Bidder.
17.6 All documents of the response to NIT (including NIT and subsequent Amendments/
Clarifications/ Addenda, PPA) submitted online must be digitally signed by the person
authorized by the Board.
17.7 The response to NIT shall be submitted as mentioned in Clause 19 Section 3 (Part B) of the
NIT. No change or supplemental information to a response to NIT will be accepted after the
scheduled date and time of submission of response to NIT. However, BSNL reserves the right
to seek additional information from the Bidders, if found necessary, during the course of
evaluation of the response to NIT.
17.8 All the information should be submitted in English language only. In case of bidders or their
foreign affiliate having documents in other than English language, then the documents shall
be translated in English language by certified translator and submitted.
17.9 Bidders shall mention the name of the contact person and complete address and contact details
of the Bidder in the covering letter.
17.10 Response to NIT that are incomplete, which do not substantially meet the requirements
prescribed in this NIT, will be liable for rejection by BSNL.
17.11 Response to NIT not submitted in the specified formats will be liable for rejection by BSNL.
17.12 Bidders delaying in submission of additional information or clarifications sought will be liable
for rejection.
17.13 Non-submission and/ or submission of incomplete data/ information required under the
provisions of NIT shall not be construed as waiver on the part of BSNL of the obligation of
the Bidder to furnish the said data/information unless the waiver is in writing.
17.14 Only New Delhi shall have exclusive jurisdiction in all matters pertaining to this NIT.
18 NON-RESPONSIVE BID
The response to NIT submitted by the bidder along with the documents submitted online to BSNL
shall be scrutinized to establish “Responsiveness of the bid”. Each bidder’s response to NIT shall
be checked for compliance with the submission requirements set forth in this NIT.
(a) Non-submission of the requisite Bid Processing Fee as mentioned in the Bid Information Sheet.
(b) Response to NIT not received by the due date and time of bid submission.
(c) Any indication of tariff in any part of response to the NIT, other than in the financial bid.
27
(d) Data filled in the Electronic Form of Financial Bid (Second Envelope), not in line with the
instructions mentioned in the same electronic form.
(e) In case it is found that the Bidding Company including Ultimate Parent Company/ Parent
Company/Affiliate/Group Companies have submitted more than one response to this NIT, then
all these bids submitted shall be treated as non-responsive and rejected.
NB: In any of the above cases, the bid shall not be considered for bid opening and evaluation
process.
The bidding envelope shall contain the name of the work and following sticker “Selection of Solar
Power Developers for Setting up of Grid-Connected Rooftop Solar PV Projects on BSNL
buildings under RESCO mode through Tariff-Based Competitive Bidding.”
Name of Work Selection of Solar Power Developers for Setting up of
Grid-Connected Rooftop Solar PV Projects on BSNL
buildings under RESCO mode through Tariff-Based
Competitive Bidding
Cumulative Capacity of the projects ______________MWp
applied for
No. of Projects bid for States
NIT Reference No
Submitted by (Enter Full name and address of the Bidder)
Organization ID on CPP portal
(Enter the ID)
Authorized Signatory (Signature of the Authorized Signatory)
(Name of the Authorized Signatory)
(Stamp of the Bidder)
Bid submitted to Executive Engineer (E)
BSNL Electrical Division - II
Eastern Court, Janpath, New Delhi
Detailed instructions to be followed by the Bidders for online submission of response to NIT
as stated as Annexure-B of the NIT. The bidders shall strictly follow the instructions
mentioned in the electronic form in respective technical bid and financial bid while filling the
forms.
All documents of the response to NIT submitted online must be digitally signed and uploaded
on the website, https://eprocure.gov.in/eprocure/appwhich should contain the following:
The Bidder shall upload single technical bid containing scanned copies of the following
documents duly signed and stamped on each page by the authorized signatory as mentioned
below.
The Bidder will have to fill the Electronic Form provided at the CPP portal as part of
Technical Bid.
The Bidder shall submit the response to NIT which shall remain valid up to 120 days from the date
of opening of tender. However individual site allocation/PPA signing may be done upto 1 year from
award of work. BSNL reserves the right to reject any response to NIT which does not meet the
aforementioned validity requirement.
The Bidder shall be responsible for all the costs associated with the preparation of the response to
NIT and participation in discussions and attending pre-bid meeting(s) etc. BSNL shall not be
responsible in any way for such costs, regardless of the conduct or outcome of the bid process.
22.2 BSNL will make effort to respond to the same in the Pre-Bid Meeting to be held as mentioned
in the Bid Information Sheet. A compiled list of such questionnaire and BSNL’s response will
be uploaded in the CPP portal https://eprocure.gov.in/eprocure/app. If necessary,
amendments, clarifications, elaborations shall beissued by BSNL which will be notified on
BSNL/ CPP web site. No separate reply/ intimation will be given for the above, elsewhere.
22.3 A Pre-Bid Meeting shall be held (if required) (Venue to be notified later on BSNL’s website).
22.4 Enquiries/ Clarifications up to award of contract may be sought by the Bidder from following
point of contacts in BSNL.
Name of the Authorized person of
Contact Details
BSNL, ED-II New Delhi
Sh. Yogesh Kumar Sharma EE(E) Phone (Off): 011-23329552[between 10:00 hrs. to 17:30 hrs.
on working days]
Email: eeebsnled3@gmail.com
Sh. I.P. Garg SDE (EP)( Phone (Off): 011-23319560[between 10:00 hrs. to 17:30 hrs.
on working days]
Email: eeebsnled3@gmail.com
22.5 Bidders/SPDs may contact BSNL's following points of contact for inquiries, clarifications, or
authorizations after issuance of LOI, during execution stage and after Project Commissioning:
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Name of the Authorized person of Contact Details
BSNL
Mara Kocho Phone (Off): 011-23736527
GM(EW) Email: gmewco@gmail.com
Lokesh Kumar Phone (Off): 011-23736527
DGM(EW)-1 Email: agme2bsnlco@gmail.com
BSNL reserves the right to reject any or all of the responses to NIT or cancel the NIT or annul the
bidding process for any project at any stage without assigning any reasons whatsoever and without
thereby any liability. In the event of the tender being cancelled at any stage, the processing fee
(excluding GST, if amount credited to BSNL’s account), without any interest, and EMD submitted
by the Bidders shall be returned to the respective Bidders (if applicable).
Timely completion of all the milestones i.e. Signing of PPA, meeting Conditions, subsequent (PPA),
Commissioning etc. will be the sole responsibility of SPD. BSNLshall not be liable for issuing any
intimations/ reminders to SPDs for timely completion of milestones and/ or submission of
compliance documents.
Any checklist shared with SPD by BSNL for compliance of above-mentioned milestones to be
considered for the purpose of facilitation only. Any additional documents required as per the
conditions of NIT and PPA must be timely submitted by the SPD.
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SECTION-4 (Part A)
GENERAL INSTRUCTIONS TO BIDDERS (GIB)
1. DEFINITIONS
1.1. "ACT" or "ELECTRICITY ACT, 2003" shall mean the Electricity Act, 2003 and include any
modifications, amendments, and substitution from time to time.
i. controls, or
iii. is under common control with, a company developing a Project or a Member in a Consortium
developing the Project and control means ownership, directly or indirectly, of more than 50%
(fifty percent) of the voting shares of such company or right to appoint majority Directors.
1.4 “BID” or “PROPOSAL” shall mean the documents submitted by the Bidder towards meeting the
techno-commercial and financial qualifying requirements, along with the price bid submitted by
the Bidder and submissions during the e-Reverse Auctions, if applicable, as part of its response
to the NIT issued by BSNL.
1.5 “BIDDER” shall mean Bidding Company or a Bidding Consortium submitting the Bid. Any
reference to the Bidder includes Bidding Company/ Bidding Consortium, Member of a Bidding
Consortium including its successors, executors and permitted assigns and Lead Member of the
Bidding Consortium jointly and severally, as the context may require;
1.7 “BID CAPACITY” shall mean aggregate project capacity of the Solar PV Power Project(s) as
proposed by the Bidder.
1.8 “CAPACITY UTILIZATION FACTOR or CUF” shall have the same meaning as provided in
CERC (Terms and Conditions for Tariff determination from Renewable Energy Sources)
Regulations, 2009 as amended from time to time.
For illustration, CUF shall be calculated based on the annual energy injected and metered at the
Delivery Point. In any Contract Year, if ‘X’ MWh of energy has been metered out at the Delivery
Point for ‘Y’ MW Project capacity, CUF= (X MWh/(Y MW*8766)) X100%.
It may be noted that in the above illustration, the capacity ‘Y’ MW shall refer to the Contracted
Capacity in terms of the PPA.
1.10 “CHARTERED ACCOUNTANT” shall mean a person practicing in India or a firm whereof all
the partners practicing in India as a Chartered Accountant(s) within the meaning of the Chartered
Accountants Act, 1949.
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For Bidders incorporated in countries other than India, “Chartered Accountant” shall mean a
person or a firm practicing in the respective country and designated/ registered under the
corresponding Statutes/ laws of the respective country.
1.11 “BSNL” shall mean the BSNL and/or its organization authorized to sign the PPA with the SPD.
1.12 “COMPANY” shall mean a body corporate incorporated in India under the Companies Act, 2013
or any law in India prior thereto relating to Companies, as applicable.
1.14 “CONTRACTED CAPACITY” shall mean the AC capacity in kW/MW contracted with the
BSNL for supply of power by the SPD to the BSNL at the Delivery Point from the Project, based
on which the PPA is executed with the BSNL.
1.15 “CONTRACT YEAR” shall mean the period beginning from the Effective Date of the PPA and
ending on the immediately succeeding 31st March and thereafter each period of 12 months
beginning on 1st April and ending on 31st March provided that:
i. In the financial year in which the Scheduled Commissioning Date would occur, the Contract
Year shall end on the date immediately before the Scheduled Commissioning Date and a
new Contract Year shall commence once again from the Scheduled Commissioning Date
and end on the immediately succeeding 31st March, and thereafter each period of 12
(Twelve) Months commencing on 1st April and ending on 31st March, and
ii. Provided further that the last Contract Year of this Agreement shall end on the last day of
the Term of this Agreement.
1.16 “CONTROL” shall mean the ownership, directly or indirectly, of more than 50% (fifty percent)
of the voting shares of such Company or right to appoint majority Directors.
1.17 “CONTROLLING SHAREHOLDING” shall mean more than 50% of the voting rights and
paid up share capital in the Company/ Consortium.
1.19 “EFFECTIVE DATE” shall mean the date of signing of the Power Purchase Agreement (PPA)
executed by both the parties.
1.20 “EQUITY” shall mean Net Worth as defined in Companies Act, 2013.
i. a Company which, directly or indirectly, holds 10% (Ten Percent) or more of the share
capital of the Company or;
ii. a Company in which the Company, directly or indirectly, holds 10% (Ten Percent) or
more of the share capital of such Company or;
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iii. a Company in which the Company, directly or indirectly, has the power to direct or cause
to be directed the management and policies of such Company whether through the
ownership of securities or agreement or any other arrangement or otherwise or;
iv. a Company which, directly or indirectly, has the power to direct or cause to be directed the
management and policies of the Company whether through the ownership of securities or
agreement or any other arrangement or otherwise or;
v. a Company which is under common control with the Company, and control means
ownership by one Company of at least 10% (Ten Percent) of the share capital of the other
Company or power to direct or cause to be directed the management and policies of such
Company whether through the ownership of securities or agreement or any other
arrangement or otherwise;
Provided that a financial institution, scheduled bank, foreign institutional investor, Non-
Banking Financial Company, and any mutual fund, pension funds and sovereign funds shall
not be deemed to be Group Company, and its shareholding and the power to direct or cause
to be directed the management and policies of a Company shall not be considered for the
purposes of this definition unless it is the Project Company or a Member of the Consortium
developing the Project.
1.24 “JOINT CONTROL” shall mean a situation where a company has multiple promoters (but none
of the shareholders has more than 50% of voting rights and paid-up share capital).
Note: The shareholding of the Lead member in the Project Company (Special Purpose Vehicle)
cannot be changed until 01 (one) year after the Commercial Operation Date (COD) of the
Project.
1.26 “Letter of intent” or “LOI” shall mean the letter issued by Bharat Sanchar Nigam Limited
(BSNL) to the selected Bidder for award of the cumulative Project capacity.
1.30 “NET-WORTH” shall mean the Net-Worth as defined section 2 of the Companies Act, 2013.
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1.31 “PAID-UP SHARE CAPITAL” shall mean the paid-up share capital as defined in Section 2 of
the Companies Act, 2013.
1.32 “PARENT” shall mean a Company, which holds more than 50% voting rights and paid-up share
capital, either directly or indirectly in the Project Company or a Member in a Consortium
developing the Project.
1.34 “PROJECT CAPACITY” shall mean the maximum AC capacity at the delivery point that can
be scheduled on which the Power Purchase Agreement shall be signed.
1.38 “RESCO MODEL” shall mean a business model where the Project Developers set up a Rooftop
Solar PV Power Project on the rooftop of a building owned by a different entity, by obtaining
right to access the rooftop/leasing the rooftop with the rooftop owning entity on mutually agreed
terms and conditions, and enters into the PPA with rooftop owner / DISCOM / others for supply
of Solar power for the term of the PPA. The Project Developer is responsible for construction,
commissioning, ownership and operation of the Project for the entire term of the PPA at its own
risk and cost.
1.39 “ROOFTOP SOLAR PV” or “SOLAR PV” shall mean solar PV array/system installed on the
flat /inclined roof of the building/elevated platform on metallic or concrete structure minimum 10
feet above ground level/Ground mounted system (in the places where sufficient shadow free
rooftop area is not available.) In such instance up to 40% Solar PV array/system capacity can be
accommodated on nearby unutilized land subject to the BSNL’s approval.
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1.41 “SCHEDULED COMMISSIONING DATE” or “SCD” shall be the date as indicated in Clause
9 of the NIT.
1.42 “SELECTED BIDDER” or “SUCCESSFUL BIDDER” shall mean the Bidder selected
pursuant to this NIT to set up the Project and supply electrical output as per the terms of PPA.
1.45 “ULTIMATE PARENT” shall mean a Company, which owns more than 50% (Fifty Percent)
voting rights and paid-up share capital, either directly or indirectly in the Parent and Affiliates.
1.47 “ZONE” shall mean the grouping of States and Union Territories of India as brought out in
Clause 6.1 of the NIT.
2 ELIGIBILITY CONDITIONS:
2.2 Bidder is expected to obtain clearance from Reserve Bank of India, wherever applicable.
2.3 The Bidder must furnish the documentary evidence to meet the eligibility conditions laid down
in general, technical, and financial qualification criteria.
3 COST OF BIDDING
The bidder shall bear all costs associated with the preparation and submission of the bid. BSNL
will, in no case, be responsible or liable for these costs, regardless of the conduct or outcome of
the bidding process.
4 DOCUMENTS REQUIRED
4.1 A detailed list of services required to be provided by the bidder, bidding procedures and contract
terms and conditions are prescribed in the Bid Documents. The contents of the Bid documents are
specified in the covering letter.
4.2 The Bidder is expected to examine all instructions, forms, terms and specifications in the Bid
Documents and clarifications/ amendments/ addenda, if any. Failure to furnish all information
required as per the Bid Documents or submission of the bids not substantially responsive to the
Bid Documents in every respect will be at the bidder's risk and may result in rejection of the bid.
5.1 A prospective bidder, requiring any clarification on the Bid Documents shall notify BSNL in
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writing by Fax &by email(both) to tender inviting authority as indicated in the invitation of Bid.
BSNL shall respond in writing to any request for the clarification of the Bid Documents, which it
receives latest upto 5 days before opening of the NIT. Copies of the query (without identifying
the source) and clarifications by BSNL shall be sent to all the prospective bidders who have
received the bid documents. (Format for submission of queries in Excel sheet only).
5.2 Any clarification issued by BSNL in response to query raised by prospective bidders shall form
an integral part of bid documents and shall amount to an amendment of the relevant Clauses of
the bid documents.
6.2 The amendments shall be notified in writing by e-mail or by Addendum through e-tendering portal
to all prospective bidders on the address intimated at the time of purchase of the bid document
from BSNL and these amendments will be binding on them.
6.3 In order to afford prospective bidders a reasonable time to take the amendment into account in
preparing their bids, BSNL may, at its discretion, extend the deadline for the submission of bids
suitably.
a) Documentary evidence establishing that the bidder is eligible to bid and is qualified to
perform the contract if its bid is accepted in accordance with the Clause 2 & 10.
c) A Bid form and price schedule completed in accordance with Clause 8 & 9.
8 BID FORM
The bidder shall complete the bid form and appropriate Price Schedule furnished in the Bid
Documents, indicating the details to be provided along with the prices as per Format
a) Valid MSE Certificate, if applicable. In case the ownership of such MSE Entrepreneurs
happens to be from SC / ST category and/or owned by women, proof in this regard also need
to be submitted.
d) Documentary proof of GST registration. If the bidder is not registered with GST authority at
the time of bid submission, then he shall have to submit GST registration at the time of award
of work/ LoI/signing of contract, if declared successful.
e) Certificates from all Directors/ Partners of the bidder Company/firm stating that none of their
near relatives are working in BSNL in accordance with Clause 33 of this Section.
(b) The bidder shall furnish documentary evidence about Job capability necessary to perform
the contract.
12.1 The bidder shall furnish, as part of its bid, a bid security as mentioned in Section- 1 (DNIT).
12.2 The MSE bidders are exempted from payment of bid security:
a) A proof regarding valid registration with body specified by Ministry of Micro, Small &
Medium Enterprise for the tendered items will have to be attached along with the bid.
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b) The enlistment certificate issued by MSME should be valid on the date of opening of tender.
c) If a vender registered with body specified by Ministry of Micro, Small & Medium Enterprise
claiming concessional benefits and fails to accept AWO/ LoI& submit required performance
security or fails to obey any of the contractual obligations after being awarded work; he will
be debarred from any further work/ contract by BSNL for one year from the date of issue of
such order.
12.3 The bid security is required to protect BSNL against the risk of bidder's conduct, which would
warrant the forfeiture of bid security pursuant to Para 12.7.
12.4 A bid not secured in accordance with Para 12.1 and 12.2 shall be rejected by BSNL being non-
responsive at the bid opening stage and archived unopened on e-tender portal for e-tenders and
returned to the bidder unopened (for manual bidding process)
12.5 The bid security of the unsuccessful bidder will be discharged/ returned as promptly as possible
and within 30 days of finalization of the tender or expiry of the period of the bid validity period
prescribed by BSNL pursuant to Clause 13.
12.6 The successful bidder's bid security will be discharged upon the bidder's acceptance of the advance
work order satisfactorily and furnishing the performance security, except in case of L-1 bidder,
whose EMBG/EMD shall be released only after the finalization of ordering of complete tendered
quantity/sites.
a) If the bidder withdraws or amends its bid or impairs or derogates from the bid in any respect
during the period of bid validity specified by the bidder in the bid form or extended
subsequently; or
b) If the bidder does not accept the AWO and/ or does not submit PBG & sign the contract/
agreement in accordance with Clause 29.
13.1 Bid shall remain valid for the period specified in Clause 3 of Tender Information. A bid valid
for a shorter period and if on pointing out by BSNL for same, the bidder does not undertake to
make his bid valid for required duration, then the bid shall be rejected by BSNL and treated as
non-responsive.
13.2 In exceptional circumstances, BSNL may request the consent of the bidder for an extension to the
period of bid validity. The request and the response thereto shall be made in writing. The bid
security provided under Clause 12 Section-3 (Part B) shall also be suitably extended. The bidder
may refuse the aforesaid request without risk of forfeiture of its bid security. A bidder accepting
the request and granting an extension will not be permitted to modify its bid.
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14. FORMAT AND SIGNING OF BID
14.1 The bidder shall submit his bid online, complying all eligibility conditions, other terms and
conditions of tender document to be read along with the clarifications and amendments issued in
this respect. All the documents must be authenticated, by hand signatures by the authorized person
and then uploaded on e-tender portal. The letter of authorization shall be indicated by written
power-of-attorney accompanying the bid.
14.2 The bid shall contain no interlineations, erasures or overwriting except as necessary to correct
errors made by the bidder in which case such corrections shall be signed by the person or persons
signing the bid. All pages of the original bid, except for un-amended printed literatures, shall be
manually signed by the person or persons signing the bid.
a. The power of Attorney should be submitted and executed on the non-judicial stamp paper of
appropriate value as prevailing in the concerned states(s) and the same be attested by a Notary
public or registered before Sub-registrar of the state(s) concerned.
b. The power of Attorney be executed by a person who has been authorized by the Board of
Directors of the bidder in this regard, on behalf of the Company/ institution/ Body corporate.
c. In case of the bidder being a firm, the said Power of Attorney should be executed by all the
partner(s) in favour of the said Attorney.
d. In case, authorized signatory of the bid (i.e. PoA holder) is different than the person who
submits the online bids using digital signatures certificate (DSC), then the power of Attorney
should also include the name of this person submitting online bids on e-tender portal.
15.1.1 The bids are being called under Single Stage Bidding & Two stage opening using two Envelope
System.
15.1.2 The details of sealing & marking of bids in each case of Single stage bidding & single envelope
system, the bidder shall submit all the documents specified for Techno-commercial bid &
Financial bid in a single envelope - NOT APPLICABLE FOR THIS TENDER.
15.1.3 In Single stage bidding & two envelopes system the bidder shall submit his bid online in two
electronic envelopes; (Refer Section-4 Part C)
The First envelope will be named as Techno-commercial bid. This envelope will contain
documents of bidder’s satisfying the eligibility / Technical & commercial conditions as per Clause
2 & 10 with Bid Security as per Clause 12 Section-3 (Part B). Second envelope will be named as
financial bid containing Price Schedules as per Section 9 Part B.
15.2 a) The offline envelope shall be addressed to the purchaser inviting the tender:
Executive Engineer (E) Bharat Sanchar Nigam Limited, ED-II, New Delhi.
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b) The offline envelope shall bear the name of the tender, the tender number and the words 'DO
NOT OPEN BEFORE' (due date & time).
c) The inner and outer offline envelopes ( in case of manual tendering process) shall indicate
the name and complete postal address of the bidder to enable the purchaser to return the bid
unopened in case it is declared to be received 'late'.
d) Offline envelope should be deposited in the tender box provided by tendering authority or
sent by registered post or delivered in person on above mentioned address (address is given
in Clause 15.2 (a) above). The responsibility for ensuring that the tenders are delivered in
time, would vest with the bidder.
e) Bids delivered in person on the day of tender opening shall be delivered upto specified time
& date as stated in NIT to ---------------------------at the venue (address is given in Clause 15.2
(a) above). The purchaser shall not be responsible if the bids are delivered elsewhere.
f) Venue of Tender Opening O/o Executive Engineer (E) Bharat Sanchar Nigam Limited,
ED-II, New Delhi at specified time & date as stated in NIT.
If due to administrative reasons, the venue of Bid opening is changed, it will be displayed
prominently on BSNL website, e-tender portal(as the case may be).
15.3 If both the envelopes are not submitted as required at para 15.1 and 15.2, the bid shall be rejected.
16.1 Bids must be submitted online only by the bidders on or before the specified date & time indicated
in Clause 6 of Section-I i.e. DNIT.
16.2 BSNL may, at its discretion, extend this deadline for the submission of bids by amending the Bid
Documents in accordance with Clause 6 in which case all rights and obligations of BSNL and
bidders previously subject to the deadline will thereafter be subjected to the extended deadline.
18 .1 The bidder may modify, revise or withdraw his bid after submission prior to deadline prescribed
for submission of bid.
18.2 The bidder’s modification, revision or withdrawal shall have to be online and digitally
authenticated (in case of e-tendering) & physically (in case of manual bidding process) as per
Clause 15.
18.3 Subject to Clause 20, no bid shall be modified subsequent to the deadline for submission of bids.
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19.1 BSNL shall open bids online (in case of e-Tenders) in the presence of the authorized
representatives of bidders online who chose to attend, at time & date specified in Clause 7 of
DNIT(Section-1) on due date.
19.2 The bidder's representatives, who are present, shall sign in an attendance register. Authority letter
to this effect shall be submitted by the authorized representatives of bidders before they are
allowed to participate in bid opening (A Format is given in enclosed in Section-7 C).
19.3 A maximum of two representatives of any bidder shall be authorized and permitted to attend the
bid opening.
19.4 Name of envelopes to be opened & information to be read out by Bid Opening Committee
(i) In Single stage bidding & single stage Opening (single envelope) system; techno-
commercial bid &financial Bid will be opened on the date of tender opening given in NIT-
(NOT APPLICABLE FOR THIS TENDER)
(ii) In Single stage bidding & two envelopes system, the bids will be opened in 2 stages i.e. the
techno-commercial bid shall be opened on the date of tender opening given in NIT. The
financial bid will not be opened on the Date of opening of techno commercial bids in this
case & sealed financial bids will be handed over to Executive Engineer (E) Bharat
Sanchar Nigam Limited, ED-II, New Delhiin circle/ BA/ SSA offices (as applicable) for
retention.
Thereafter the CET will evaluate Techno-commercial bids & the report of CET will be
approved by competent authority.
The financial bids of those bidders who are approved to be techno-commercially compliant
by the competent authority, will be opened by TOC in front of techno commercially eligible
bidders/authorized representatives by sending them a suitable notice.
(iii) The following information should be read out at the time of Techno-commercial bid
opening:-
a) Name of the Bidder
b) Name of the item
c) EMD amount & validity and acceptability
d) Information in respect of eligibility of the bidder.
e) Details of bid modification/ withdrawal, if applicable.
(iv) The following information should be read out at the time of Financial bid opening:-
a) Name of the Bidder
b) Name of the item
c) Prices quoted in the bid
d) Discount, if offered
e) Taxes & levies
(Information as per electronic forms shall be populated as comparison chart on e- tender system
and no information shall be read out)
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19.5 The date fixed for opening of bids, if subsequently declared as holiday by the BSNL, the revised
date of schedule will be notified. However, in absence of such notification, the bids will be opened
on next working day, time and venue remaining unaltered.
20.1 To assist in the examination, evaluation and comparison of bids, BSNL may, at its discretion, ask
the bidder for the clarification of its bid. The request for clarification and the response shall be in
writing. However, no post bid clarification at the initiative of the bidder shall be entertained.
20.2 If any of the documents required to be submitted along with the technical bid is found wanting,
the offer is liable to be rejected at that stage. However, BSNL at its discretion may call for any
clarification regarding the bid document within the stipulated time period. In case of non-
compliance to such queries, the bid will be out rightly rejected without entertaining further
correspondence in this regard.
21.1 BSNL shall evaluate the bids to determine whether they are complete, whether any computational
errors have been made, whether required sureties have been furnished, whether the documents
have been properly signed and whether the bids are generally in order.
21.2 Arithmetical errors shall be rectified on the following basis. Based on the quoted percentage of
taxes, etc. the amounts quoted thereof shall be worked out and rounded off to 2 decimal points.
21.3 If there is a discrepancy between words and figures, the amount in words shall prevail. If the
supplier does not accept the correction of the errors, its bid shall be rejected.
21.4 Prior to the detailed evaluation pursuant to Clause 21, BSNL will determine the substantial
responsiveness of each bid to the Bid Document. For the purposes of these Clauses, a substantially
responsive bid is one which confirms all the terms and conditions of the Bid Documents without
material deviations. BSNL's determination of bid's responsiveness shall be based on the contents
of the bid itself without recourse to extrinsic evidence.
21.5 A bid determined as substantially non-responsive will be rejected by BSNL and shall not
subsequent to the bid opening be made responsive by the bidder by correction of the non-
conformity.
21.6 BSNL may waive any minor infirmity or non-conformity or irregularity in a bid which doesn't
constitute a material deviation, provided such waiver doesn't prejudice or affect the relative
ranking of any bidder.
Bid evaluation will be carried out considering the information furnished by Bidders as per provisions
of this NIT. The detailed evaluation procedure and selection of bidders are described in subsequent
clauses in this Section.
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22.1 Techno-Commercial Evaluation of Bidders (Step 1)
22.1.1 Bid opening (online) will be done only after the deadline for submission of documents offline.
For e.g., if the bid submission deadline is 18:00 hrs on 05.07.2022, the online bid opening
will be conducted on 08.07.2022. In case the above deadline being a holiday, the bids will
be opened on the next working day.
22.1.2 Documents (as mentioned in the previous clause) received after the bid submission deadline
as specified by BSNL, shall be rejected and returned unopened, if super-scribed properly with
address, to the bidder.
22.1.3 Subject to Clause 23 of the NIT, BSNL will examine all the documents submitted by the
Bidders and ascertain meeting of eligibility conditions prescribed in the NIT. During the
examination of the bids, BSNL may seek clarifications/additional documents to the
documents submitted etc. from the Bidders if required to satisfy themselves for meeting the
eligibility conditions by the Bidders. Bidders shall be required to respond to any
clarifications/additional documents sought by BSNL within 07 (seven) days from the date of
such intimation from BSNL. All correspondence in this regard shall be made through
email/CPP portal only. It shall be the responsibility of the Bidder to ensure that the email id
of the authorized signatory of the Bidder is functional. The Bidder may provide an additional
email id of the authorized signatory in the covering letter. No reminders in this case shall be
sent. It shall be the sole responsibility of the Bidders to remove all the discrepancies and
furnish additional documents as requested. BSNL shall not be responsible for rejection of any
bid on account of the above.
22.1.4 The response to NIT submitted by the Bidder shall be scrutinized to establish Techno-
Commercial eligibility as per the NIT.
22.1.5 As per clause 3, Section -3 Part A, a bidder can submit a single bid offering a minimum
quantum of Contracted Capacity of 200 kW and a maximum quantum of 2.5 MW with each
project size being in between 20 kWp to 100kWp only. However, under intimation to BSNL,
successful bidders can take up projects of capacity less than 20 kWp at their consensus
discretion subject to respective State/UT regulation.
22.2.1 In this step evaluations of Techno-Commercially Qualified Bids shall be done based on the
“Fixed Tariff”, quoted by the Bidder in the Electronic Form of Financial Bid.
22.2.2 Second Envelope (containing Fixed Tariff) of only those bidders shall be opened whose
technical bids are found to be qualified as per the NIT.
22.2.3 For each State. the Bidder including its Parent, Affiliate or Ultimate Parent or any Group
Company will have to submit a single bid (single application) quoting a single tariff in Indian
Rupee per kWh for all the Projects applied for. The tariff has to be quoted in Indian Rupee
per kWh up to two places of decimal only. If it is quotedwith more than two digits after
decimal, digits after first two decimal places shall be ignored. (For e.g., if the quoted tariff is
INR 2.337, then it shall be considered as INR 2.33).
22.2.7 The lowest bidder (L1) will be declared for each state of solar capacities based on the
lowest tariff quoted.
22.2.8 BSNL reserves the right to issue a Letter of Intent (LOI) to the firm for installation of
Solar Plant in BSNL Building of any states falling under the zone/state.
22.2.9 On completion of Techno-Commercial bid evaluation, if it is found that for each State,
only one or two Bidder(s) is/are eligible for the next stage, opening of the financial bid
of the Bidder(s) will be at the discretion of BSNL. Thereafter, BSNL will take appropriate
action as deemed fit.
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22.2.10 For each state, based on the fixed tariff quoted by the bidders, BSNL shall arrange the
bids in the ascending order i.e., L1, L2, L3, etc. (L1 being the lowest quote). Work orders
will be issued for each state separately.
22.2.11 If the fixed tariff quoted is same for two or more Bidders, then all the Bidders with same
tariff shall be considered of equal rank/ standing in the
order………………………………..
22.2.12 Ranking of bidders after Financial Bid Evaluation: Following illustrates an example of
ranking of bidders after financial bid opening and evaluation, for a single Zone.
For e.g. (Shortlisting of Bidders for L1 matching and selection of successful bidder):
23.1 For each State, the Bidder quoting the lowest tariff (L1 tariff) will be identified and shall be declared
as the Successful Bidder. In case of multiple Bidders quoting the L1 tariff, all such Bidders (“L1
Bidders”) will be declared as Successful Bidders.
23.2 For each state, the Bidders other than the L1 Bidder(s) will be given a period of 7 days to match
the L1 tariff. In case a Bidder wishes to match the L1 tariff, such matching shall be communicated
to BSNL only through email. The 7-day period shall commence from the date on which the L1
tariff is intimated to all the eligible Bidders (through email), and will culminate at 11:59:59 PM of
the 7th day after such intimation by BSNL. For example, in case BSNL intimates the L1 tariff on
05.10.2022, the above deadline for L1 matching shall expire at 11:59:59 PM on 12.10.2022. Any
communication after the expiry of the above deadline will not be entertained, and decision taken
by BSNL in this regard shall be final and binding on all parties.
Note:Matching of the L1 Tariff does not guarantee the allotment of the capacity quoted by the
Bidder. The capacity allocation will be done based on the price quoted by the Bidders in their
financial bid as elaborated in Clause 23.3 below.
23.3 For each state, for the remaining capacity (if any) subsequent to allocation of the capacity as per
Clause 23.1, the ranking of the bidders shall be modified based on the Bidders matching of L1 tariff
in line with Clause 23.2. In other words, the Bidders (L2 onwards) matching the L1 Tariff shall be
arranged in ascending order of the price quoted by them in their financial bid.
23.4 For each state, Successful Bidders, other than the L1 bidder, shall be those Bidders (L2 onwards in
45
line with ranking done as per Clause 23.3) who are eligible for allotment of remaining capacity (if
any, pursuant to allocation as per Clause 23.1) till the total capacity to be allocated in that particular
state is exhausted.
23.5 Further, subject to the capacity to be allocated in each state, in case of partial capacity allotment to
the last Successful Bidder, the Bidder shall have an option to refuse such partially allocated capacity
and, in this case, the EMD submitted by such Bidder shall be returned along with the unsuccessful
Bidders. Bidder should intimate such refusal to BSNL within 7 days of issuance of the LOIs, failing
which, the awarded capacity shall be deemed to be accepted by the said Bidder.
23.6 At this stage, only L1 matching requests will be entertained. Transfer between state and capacity
modification for a Bidder will not be taken up at this stage.
23.7 There shall be no negotiation on the quoted price/Fixed tariff between BSNL and the Bidder(s)
during the process of evaluation.
24 Issuance of LOIs
At the end of the selection process, Letters of Intent (LoIs) will be issued to the Successful Bidders
identified as per the provisions of Clause 23.
In case of a Consortium being selected as the successful Bidder, the LOI shall be issued to the Lead
Member of the Consortium.
Each Successful Bidder shall acknowledge the LOI and return duplicate copy with signature of the
authorized signatory of the Successful Bidder to BSNL within 07 (Seven) days of issue of LOI,
failing which it will be deemed to have been accepted by the Bidder.
If the Successful Bidder, to whom the LOI has been issued does not fulfil any of the conditions
specified in Bid document, then BSNL reserves the right to annul/cancel the award of the Letter of
intent of such Successful Bidder.
In all cases, BSNL’s decision regarding selection of Bidder based on tariff or annulment of tender
process shall be final and binding on all participating bidders.
The Successful bidder shall permit BSNL to inspect the Successful bidder’s site, accounts and
records relating to the performance of the SPD and to have them audited by auditors appointed by
the BSNL, if so, required by the BSNL any time.
27.1 BSNL reserves the right to carry out the performance review of each Bidder/SPD from the time of
submission of Bid. In case it is observed that a bidder/SPD has not fulfilled its obligations in meeting
the various timelines envisaged, in addition to the other provisions of the NIT, such Bidders may be
debarred from participating in BSNL’s any future tender for a period as decided by the competent
authority of BSNL.
27.2 Any Projects which are already installed or commissioned before the issuance of LOI shall be
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construed as fraudulent activity in which case Successful bidder(s)/SPD may be debarred from
participating in BSNL’s future tenders for a period as decided by the competent authority of BSNL.
However, such locations, where there are already installed or commissioned Projects, may be used
for installation of additional capacity with the prior approval of BSNL.
28.1 No bidder shall try to influence BSNL on any matter relating to its bid, from the time of the bid
opening till the time the contract is awarded.
28.2 Any effort by a bidder to modify its bid or influence BSNL in BSNL's bid evaluation, bid comparison
or contract award decision shall result in the rejection of the bid.
29.1 BSNL shall consider placement of orders on those eligible bidders whose offers have been found
technically, commercially, and financially acceptable and whose products have been approved /
validated by the BSNL. The BSNL reserves the right to counter offer price(s) against price(s) quoted
by any bidder.
29.2 The bidder can participate for any number of states but the contract to one bidder shall not exceed
2.5MW of total 4.5 MW to ensure minimum two bidders in the tender. The choice of states will rest
with successful bidder. However, to ensure two bidders, the final award of states will be rest with
competent authority.
30.1 BSNL reserves the right to offer the contract to any other tenderer or any other agency in case of
unsatisfactory work. The firm should carry out the work to the satisfaction of BSNL officer in charge
and in the event of his failure the work will be awarded to some other agency.
30.2 The decision of BSNL CO, New Delhi office on any matter connected to this matter is final binding.
31. BSNL’s RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS
The BSNL reserves the right to accept or reject any bid, and to annul the bidding process and reject
all bids, at any time prior to award of contract without assigning any reason whatsoever and without
thereby incurring any liability to the affected bidder or bidders on the grounds of BSNL’s action.
32.1 The issue of an Advance Work Order shall constitute the intention of BSNL to enter into contract
with the bidder.
32.2 The bidder shall within 14 days of issue of the advance work order, give its acceptance along with
performance security in conformity with the proforma provided with the bid document at Section-
7B.
32.3 L-1 bidder may be issued Advanced Work Order (AWO) in two stages. The first AWO shall be
issued for L-1 quantity as defined in Clause above. The second AWO may be issued to L-1 bidder
47
only when the BSNL exercises the right for placement of order on balance tendered quantity on the
bidder with the lowest evaluated price in conformity to Clause 23 of Section 4 Part A.
32.4 In the event of withdrawal of AWO/LOI, subsequent claim of bidder for placement of Work
Order/signing of contract, shall not be entertained by this office.
33.1 The issue of Work Order (WO) shall constitute the award of contract on the bidder.
33.2 Upon the successful bidder furnishing performance security pursuant to Clause 32 of this Section,
the BSNL shall discharge the bid security in pursuant to Clause 12 of this Section, except in case of
L-1 bidder, whose EMBG / EMD shall be released only after finalization of ordering of complete
tendered quantity in pursuance to Clause nos. 24 & 32 of this Section.
36.1 While all the conditions specified in the Bid documents are critical and are to be complied, special
attention of bidder is invited to the following Clauses of the bid documents. Non-compliance of any
one of these shall result in outright rejection of the bid.
a) Clauses 12.1 & 13.1 of Section- 4 Part A: The bids will be rejected at opening stage if Bid
security is not submitted as per Clause 12.1 and bid validity is less than the period prescribed
in Clause 13.1 mentioned above.
b) Clause 2 & 10 of Section-4 Part A: If the eligibility condition as per Clause 2 of Section 4
Part A is not met and/ or documents prescribed to establish the eligibility as per Clause 10 of
Section 4 Part A are not enclosed, the bids will be rejected without further evaluation.
d) While giving compliance to Section-5 Part A, General Commercial conditions, Section-4 Part
B, Special Instructions to Bidders, Section-5B Special (Commercial) Conditions of Contract
and Section-3 Technical Specifications ambiguous words like "Noted", "Understood", “Noted
& Understood" shall not be accepted as complied. Mere "Complied" will also be not sufficient,
reference to the enclosed documents showing compliances must be given.
e) Section-9 Price Schedule: Prices are not filled in as prescribed in price schedule.
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36.2 Before outright rejection of the Bid by Bid-opening team for non-compliance of any of the provisions
mentioned in Clause 36.1(a), 36.1(b) of Section-4 Part A, the bidding company is given opportunity
to explain their position, however if the person representing the company is not satisfied with the
decision of the Bid opening team, he/they can submit the representation to the Bid opening team
immediately but in no case after closing of the tender process with full justification quoting
specifically the violation of tender condition if any.
36.3 Bid opening team will not return the bids submitted by the bidders on the date of tender opening even
if it is liable for rejection and will preserve the bids in sealed cover as submitted by taking the
signatures of some of the desirous representatives of the participating bidder/companies present on
the occasion.
36.4 The in-charge of Bid opening team will mention the number of bids with the name of the company
found unsuitable for further processing on the date of tender opening and number of representations
received in Bid opening Minutes and if Bid opening team is satisfied with the argument of the
bidder/company mentioned in their representation and feel that there is prima-facie fact for
consideration, the in-charge of the bid opening team will submit the case for review to Officer
competent to approve the tender as early as possible preferably on next working day and decision to
this effect should be communicated to the bidder company within a week positively. Bids found
liable for rejection and kept preserved on the date of tender opening will be returned to the bidders
after issue of work order against the instant tender.
36.5 If the reviewing officer finds it fit to open the bid of the petitioner, this should be done by giving
three (working) days notice to all the participating bidders to give opportunity to participants desirous
to be present on the occasion.
38.1 The bidder should give a certificate that none of his/ her near relatives, as defined below, is working
in the units where he is going to apply for the tender. In the case of proprietorship firm certificate
will be given by the proprietor. For partnership firm certificate will be given by all the partners and
in case of limited company by all the Directors of the company excluding Government of India/
Financial institution nominees and independent non-Official part time Directors appointed by Govt.
of India or the Governor of the state and full time Directors of PSUs both state and central. Due to
any breach of these conditions by the company or firm or any other person the tender will be
cancelled, and Bid Security will be forfeited at any stage whenever it is noticed and BSNL will not
pay any damage to the company or firm or the concerned person.
38.2 The Company or firm or the person will also be debarred for further participation in the concerned
unit.
38.3 The near relatives for this purpose are defined as:-
(a) Members of a Hindu undivided family.
(b) They are husband and wife.
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(c) The one is related to the other in the manner as father, mother, son(s) & Son's wife (daughter
in law), Daughter(s) and daughter's husband (son in law), brother(s) and brother's wife,
sister(s) and sister's husband (brother-in-law).
35.4 The format of the certificate is given in Section 6 (B).
The bidder will ensure that all the documents and certificates, including experience/ performance and
self-certificates submitted by him are correct and genuine before enclosing them in the bid. The onus
of proving genuineness of the submitted documents would rest with the bidder.
If any document/ paper/ certificate submitted by the participant bidder is found / discovered to be
false / fabricated / tempered / manipulated either during bid evaluation or during award of contract
or thereafter, then BSNL will take action as per Clause-1 of Appendix-1 of this Section.
● The documents/ papers to be submitted in respective bid part have been explicitly stated in
Clause-7 of Section-4 Part A.
● This opened bid part which is already signed by the authorized representative of the bidder
company during bid submission will be signed by the tender opening committee on hard copy
and preserve it along with the bids received online in case of e-tendering.
50
Appendix-1 to Section 4 Part A
51
S. Defaults of the bidder / vendor. Action to be taken
No.
(iii) If detection of default after receipt i) Cancellation of AWO
1(b) of PG/ SD (DD,BG etc.) . ii) Rejection of Bid &
cont iii) Forfeiture of PG/ SD.
d. However, on realization of PG/ SD amount, EMD, if
not already released shall be returned.
(iv) If detection of default after issue of WO i) Termination/ Short Closure of WO and Cancellation of
AWO
ii) Rejection of Bid &
iii) Forfeiture of PG/ SD.
However, on realization of PG/ SD amount, EMD, if
not released shall be returned.
Note 3:- However, settle bills for the services received if pending items do not affect working or use of
supplied items.
Note 4:- No further supplies are to be accepted except that required to make thealready supplied items
work.
2 If vendor or his representative uses violent/
coercive means viz. Physical
/ Verbal means to threatens BSNL
Executive / employees and/ or obstruct
him from functioning in discharge of his
duties & responsibilities for the Banning of business up to 3 years which implies Barring
following : further dealing with the vendor for procurement of
a) Obstructing functioning of tender Goods & Services including participation in future
opening executives of BSNL in receipt/ tenders invited by BSNL up to 3 years from date of issue
opening of tender bids from prospective of banning order.
Bidders, suppliers/ Contractors.
b) Obstructing/ Threatening other
prospective bidders i.e. suppliers/
Contractors from entering the tender venue
and/ or submitting their tender bid freely.
3 Non-receipt of acceptance of AWO and Forfeiture of EMD.
SD/ PG by L-1 bidder within time period
specified in AWO.
52
4.1 Failure to execute the work at all even in i) Termination of WO.
extended delivery schedules, if granted ii) Under take work in accordance with Clause 15
against WO. Section 5B at the risk of defaulting bidder
iii) Recover the excess charges if incurred from the PG/
SD and outstanding bills of the defaulting Vendor.
4.2 Failure to execute the work in full even in i) Short Closure of WO to the service already
extended delivery schedules, if granted received by BSNL and/ or in pipeline provided
against PO/ WO. ii) Under take work in accordance with Clause 15
Section 5B at the risk of defaulting bidder
iii) Recover the excess charges if incurred from the PG/
SD and outstanding bills of the defaulting bidder.
5.1 The site does not meet the Service Levels Undertake recovery of financial penalty from outstanding
as mentioned in the WO/Contract. dues of vendor including PG/ SD.
6 Submission of claims to BSNL i) Recovery of over payment from the outstanding dues
against a contract of Vendor including EMD/ PG & SD etc. and by
(a) for amount already paid by BSNL invoking ‘Set off’ Clause 21 of Section 5 Part A or by
. any other legal tenable manner.
c) for amount higher than that approved ii) Banning of Business up to 3 years from date of
by BSNL for that service. issue of banning order or till the date of recovery of over
payment in full, whichever is later.
Note 5:- The claims may be submitted with or without collusion of BSNLExecutive/ employees.
Note 6:- This penalty will be imposed irrespective of the fact that payment isdisbursed by BSNL or not.
7 b) Disrupts/ Sabotages functioning of the iv) Legal action will be initiated by BSNL against the
BSNL network equipments such as Vendor if required.
exchanges, BTS, BSC/ MSC, Control
equipment including IN etc.,
transmission equipments but not limited
to these elements and/ or any other
TSP through BSNL.
c) tampers with the billing related data/
invoicing/ account of the
Customer/ User(s) of BSNL and/ or
any other TSP(s).
d) hacks the account of BSNL Customer
for unauthorized use
i.e. to threaten others/ spread
improper news etc.
e) undertakes any action that affects/
endangers the security of India.
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8 If the vendor is declared bankrupt or i) Termination/ Short Closure of the WO.
insolvent or its financial position has ii) Settle bills for the service received if pending work
become unsound and in case of a limited does not affect the working or use of the services
company, if it is wound up or it is received. iii) Under take work in accordance with Clause
liquidated. 15 Section 5B at the risk of defaulting bidder
iv) In case of turnkey projects, If the services are provided
without any degradation of performance, then settle bills
for the acceptable service (or its part).
Undertake recovery of financial penalty from outstanding
dues of vendor including PG/ SD.
9 In the event of the vendor, its proprietor, i) Termination/ Short Closure of the WO.
Director(s), partner(s) is / are convicted by ii) Settle bills for the service received if pending work
a Court of Law following prosecution for does not affect the working or use of the services
offences involving moral turpitude in received iii) Under take work in accordance with Clause
relation to the business dealings. 15 Section 5B at the risk of defaulting bidder
iv) In case of turnkey projects, If the services are provided
without any degradation of performance, then settle bills
for the acceptable service (or its part).
Undertake recovery of financial penalty from outstanding
dues of vendor including PG/ SD.
10 If the vendor does not return/ refuses to i) Take action to appoint Arbitrator to adjudicate the
return BSNL’s dues: dispute.
a) inspite of order of Arbitrator. i) Termination of contract, if any.
ii) Banning of business up to 3 years which implies
barring further dealing with the vendor for procurement
of Goods & Services including participation in future
tenders invited by BSNL from date of issue of banning
order or till the date by which vendor clears the BSNL’s
dues, whichever is later.
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td. b) inspite of Court Orders. i) Termination of contract, if any.
ii) Banning of business up to 3 years which
implies barring further dealing with the vendor
for procurement of Goods & Services including
participation in future tenders invited by BSNL
from date of issue of banning order or till the date
by which vendor clears the BSNL’s dues,
whichever is later.
11 If the Central Bureau of Investigation/ Take Action as per the directions of CBI or
Independent External Monitor (IEM) / concerned department.
Income Tax/ GST Authorities / Custom
Departments recommends such a course
12 The following cases may also be
considered for Banning of business:
(a) If there is strong justification for
believing that the proprietor, manager,
MD, Director, partner, employee or
representative of the vendor/ supplier has
been guilty of malpractices such as i) Banning of business up to 3 years which implies
bribery, corruption, fraud, substitution of Barring further dealing with the vendor for
tenders, interpolation, procurement of Goods & Services including
misrepresentation with respect to the participation in future tenders invited by BSNL up
contract in question. to 3 years from date of issue of banning order.
(b) If the vendor/ supplier fails to execute a
contract or fails to execute it satisfactorily
beyond the provisions of Para 4.1 & 4.2.
(c) If the vendor/ supplier fails to submit
required documents/ information, where
required.
(d) Any other ground which in the
opinion of BSNL is just and proper to order
for banning of business dealing with a
vendor/ supplier.
Note 7: The above penalties will be imposed provided it does not clash with the provision of the
respective tender.
Note 8:-In case of clash between these guidelines & provision of invited tender, the provision in the
respective tender shall prevail over these guidelines.
Note 9:Banning of Business dealing order shall not have any effect on the existing/ ongoing works which
will continue along with settlement of Bills.
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SECTION-4 Part B
The Special Instructions to Bidders shall supplement the 'Instructions to Bidders' and in case of
any conflict with those in Section-4 Part A i.e., GENERAL INSTRUCTIONS TO BIDDERS
(GIB), the provisions herein shall prevail.
1. Evaluation
1.1. The evaluation process comprises the following three (3) steps:
Step I: Fulfilment of requirements of Eligibility criteria, EMD and tender fee.
Step II: Evaluation of Bidder’s fulfillment of Qualification Requirements as per Clause 4
Section 1 DNIT.
Step III: Selection of Successful Bidder.
1.2.2. Any of the following may cause the Bid to be considered “Non-responsive”, at the sole discretion
of BSNL.
a. Bids that are incomplete i.e. not accompanied by any of the applicable formats inter alia
covering letter, power of attorney supported by a board resolution as per Clause 5, format for
disclosure, valid EMD;
b. Bid not signed by authorized signatory and / or stamped in the manner indicated in this Bid
Document;
c. Material inconsistencies in the information/ documents submitted by the Bidder, affecting the
Qualification Requirements;
d. Information not submitted in formats specified in the Bid Document
e. Bid not providing information/ document to satisfy Qualification Requirements;
f. Bidder not meeting the criteria mentioned in Clause4 of Section 1 DNIT of this Document.
g. A Bidder submitting more than one Bid for the same state
h. Bid validity being less than that required as per Clause 13Section 4A of this Bid Document;
i. Bid being conditional in nature.
j. Bid not received (Electronic and offline) by due date and time as specified in Clause 6 of
DNIT;
k. More than one Bidding Company using the credentials of the same Parent /Affiliate;
l. Bidder delaying in submission of additional information or clarifications sought by BSNL.
m. Bidder makes any misrepresentation of facts.
n. Bid not accompanied by valid EMD.
1.2.3. Each Bid shall be checked for compliance with the submission requirement set forth in this Bid
Document before evaluation of Bidder’s fulfillment of Qualification Requirement is taken up.
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1.3. Step II - Evaluation of Bidder’s fulfillment of Qualification Requirements as per Clause4
Section 1 DNIT
1.3.1. After ensuring EMD with respect to its amount and validity; evaluation of Bid will be carried out
based on the information furnished by the Bidder as per the prescribed Formats in Section 7 and
related documentary evidence in support of meeting the Qualification Requirements as specified
in Clause4 of Section 1 DNIT
1.3.2. Price Bid of only those bidders will be opened whose Techno-Commercial qualification
requirement, prima facie meets the Qualifying Criteria. However, if at later stage it is found that
Techno-Commercial bid doesn’t meet the qualification criteria, bid can be rejected at sole
discretion of BSNL.
1.4.1. Only the bids qualifying in Step II above, shall be financially evaluated for respective zone, in
this stage, on basis of their quote as per Financial schedule in Section 9 Part-B.
1.4.2. Successful Bidder shall unconditionally accept the AWO, issued by BSNL, within 14 days of
issue of AWO.
1.4.3. If the Successful Bidder, to whom the AWO has been issued, does not accept the AWO
unconditionally, BSNL reserves the right to annul the award of the Letter of Intent to such
Successful Bidder and forfeit EMD ( in case of L-1 bidder).
1.4.4. It shall not be binding upon BSNL to accept the lowest bid as successful.
1.4.5. It shall not be obligatory on the part of BSNL to furnish any information or explanation for cause
of rejection of Bid or part of the Bid. Notwithstanding anything stated above, BSNL reserves the
right to assess the credibility, capability and capacity of the bidders and viability of the Proposal
to perform the contract should circumstances warrant such an assessment in the overall interest of
BSNL and Bidder shall furnish all other required documents to BSNL.
1.4.6. BSNL reserves the right to interpret the Bid submitted by the Bidder in accordance with the
provisions of this Bid Document and make its own judgment regarding the interpretation of the
same. In this regard BSNL shall have no liability towards any Bidder and no Bidder shall have
any recourse to BSNL with respect to the selection process.
1.4.7. BSNL shall evaluate the Bids using the evaluation process specified above, at its sole discretion.
57
Section- 4 Part C
E-tendering Instructions to Bidders
Note :The instructions given below are CPP’s e-tender portal-centric and for e-tenders invited by
MM cell, BSNL, C.O. only. E-Portal address and the according references/Clauses may be
suitably modified in this Section as applicable from time to time.
General
These Special Instructions (for e-Tendering) supplement ‘Instruction to Bidders’, as enclosed in Sec
4 Part A of the Tender Documents.
Submission of Bids only through online process is mandatory for this Tender.
For conducting electronic tendering, BSNL HQ is using the portal (URL of e-tender portal).
Bidders should refer to User Manual for SO (Supplier Organization) in USER GUIDANCE on (URL
of e-tender portal).
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 the responsibility of bidder himself for proper extractability of uploaded zipped files.
Any error/ virus creeping into 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
58
data downloaded from the e-tender portal in his presence.
If, even after above chance, the bidder 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.
NOTE 2: In case any discrepancy between information entered by bidder in the electronic
form/template and that as per the supporting document uploaded, then information as per uploaded
supporting documents shall prevail over the information in the electronic form/template.
6. Offline Submissions:
The bidder is requested to submit the following documents offline toExecutive Engineer (E) Bharat
Sanchar Nigam Limited, ED-II, New Delhi on or before the date & time of submission of bids
specified in covering letter of this tender document, in a Sealed Envelope. The envelope shall bear
(name of the work), the tender number and the words ‘DO NOT OPEN BEFORE’ (due date & time).
i. EMD-Bid Security in Original.
ii. DD/ Bankers cheque against payment of tender fee.
iii. Power of attorney in accordance with Clause 12 Section-3 (Part B).3 of Section-4 Part A.
iv. Integrity Pact(if applicable).
v. Sealed pass-phrases
7. Other Instructions
For further instructions, the vendor should visit the home-page of the portal
(https://etenders.gov.in/eprocure/app) URL of e-tender portal), and go to the User-Guidance Center
Note: It is strongly recommended that all authorized users of Supplier organizations should
thoroughly peruse the information provided under the relevant links, and take appropriate action.
This will prevent hiccups, and minimize teething problems during the use of e-tender portal.
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SECTION-5 Part A
GENERAL (COMMERCIAL) CONDITIONS OF CONTRACT
1. APPLICATION
The general condition shall apply in contracts made by the BSNL for the procurement of
goods/ services.
3. PERFORMANCE SECURITY
3.1 All suppliers (including MSEs who are registered with the designated MSME bodies, like
National Small Scale Industries Corporation etc. shall furnish performance security to the
BSNL for an amount equal to 5% of the value of Advance Work Order/ LoI, within 14 days
from the date of issue of Advance Purchase Order by the BSNL.
3.2 The proceeds of the performance security shall be payable to BSNL as damages resulting from
the supplier's failure to complete its obligations under the contract.
3.3 The performance security Bond shall be in the form of either FD/DD in favour of authority
authorized by BSNL or in form of Bank Guarantee issued by a scheduled Bank in India and
in the proforma provided in 'Section-7B of this Bid Document.
3.4 The performance security Bond will be discharged by BSNL after completion of the
supplier's performance obligations including any warranty obligations under the contract.
3.5 The performance security deposit with the BSNL will be considered for adjustment against
penalties, any other statutory levies and any loss to BSNL properties, if any reported, at the
time of final conclusion of the contract and final settlement of account.
3.6 In case it is found that a bidder has submitted a fake/ forged bank instrument towards
performance security deposit (say PBG), then, actions as per clause 1 (a) of Appendix -1 to
Section 4 Part-A shall be applicable.
4. DELETED
5. DELETED
6. DELETED.
7. DELETED
8. DELETED
60
9. DELETED
11. DELETED
12. DELETED
13. DELETED
14. DELETED
17.2 Provided, also that if the contract is terminated under this clause, the BSNL shall be at liberty
to take over from the Supplier at a price to be fixed by the BSNL, which shall be final, all
unused, undamaged and acceptable materials, bought out components and stores in course
of manufacture which may be in possession of the Supplier at the time of such termination
or such portion thereof as the BSNL may deem fit, except such materials, bought out
components and stores as the Supplier may with the concurrence of the BSNL elect to retain.
61
• Failure to deliver services within the time period(s) specified in the contract, or any
extension thereof granted by the BSNL pursuant to clause15 of this section;
• Failure to perform any other obligation(s) under the Contract; and
• Equipment does not perform satisfactory in the field in accordance with the
specifications;
• Or any other default whose complete list is enclosed in Appendix-1 of Section-4,
Part-A;
19. DELETED.
20. ARBITRATION
20.1 Except as otherwise provided elsewhere in the contract, if any dispute, difference, question
or disagreement arises between the parties hereto or their respective representatives or
assignees, in connection with construction, meaning, operation, effect, interpretation of the
contract or breach there of which parties unable to settle, within 30 days of notice to settle
such dispute, mutually/amicably, the same shall be referred to Arbitration as provided here
under.
20.2 A party wishing to commence arbitration proceeding shall invoke Arbitration clause by
giving 60 days notice to the designated officer of the other party. The notice invoking
arbitration shall specify all the points of disputes with details of the amount claimed to be
referred to arbitration at the time of invocation of arbitration and not thereafter, If the claim
is in foreign currency, the claimant shall indicate its value in Indian Rupee for the purpose
of constitution of the arbitral tribunal.
20.3 The number of the arbitrators and the appointing authority will be as under :
Above Rs.5 Crores 3 Arbitrators One arbitrator by each party and the
3rd arbitrator, who shall be the
presiding arbitrator, by the two
arbitrators.
62
20.4 Neither party shall appoint its serving employee as arbitrator.
20.5 If any of the Arbitrators so appointed dies, resigns, becomes incapacitated or withdraws
for any reason from the proceedings, it shall be lawful for the concerned party / arbitrators
to appoint another person in his place in the same manner as aforesaid. Such person shall
proceed with the reference from the stage where his predecessor had left it both parties
consent for the same; otherwise he shall proceed de novo.
20.6 Parties agree that neither party shall be entitled for any pre-reference or pendent elite
interest on its claims. Parties agree that any claim for such interest made by any party
shall be avoid
20.7 Unless otherwise decided by the parties, Fast Track procedure as prescribed in Section
29 B of the Arbitration Conciliation Act, 1996 for resolution of all disputes shall be
followed, where the claim amount is up to Rs. 5 Crores.
20.8.1 Notwithstanding anything contained in this ACT, the parties to an arbitration agreement,
may, at any stage either before or at the time of appointment of the arbitral tribunal, agree
in writing to have their dispute resolved by fast track procedure specified in Sub Section
(3).
20.8.2 The parties to the arbitration agreement, while agreeing for resolution of dispute by fast
track Procedure, may agree that the arbitral tribunal shall consist of a sole arbitrator
who shall be chosen by the parties.
20.8.3 The arbitral tribunal shall follow the following procedure while conducting arbitration
proceedings Under Sub-section (1):-
(a) The arbitral tribunal shall decide the dispute on the basis of written pleadings,
documents and submissions field by the parties without oral hearing;
(b) The arbitral tribunal shall have power to call for any further information or
clarification from the parties in addition to the pleadings and documents filed by
them;
(c) An oral hearing may be held only, if all the parties make a request or if the arbitral
tribunal considers it necessary to have oral hearing for clarifying certain issues;
(d) The arbitral tribunal may dispense with any technical formalities, if an oral hearing
is held, and adopt such procedure as deemed appropriate for expeditious disposal
of the case.
20.8.4 The award under this section shall be made within a period of six months from the date
the arbitral tribunal enters upon the reference.
20.8.5 If the award is not made within the period specified in sub-section (4), the provisions of
sub-Sections (3) To (9) of section 29 A shall apply to the proceedings.
20.8.6 The fees payable to the arbitrator and the manner of payment of the fees shall be such
as may be agreed between the arbitrator and the parties.
20.8.7 The arbitral tribunal shall make and publish the award within time
63
stipulated as under:
Amount of Claims and Period for making and publishing of the award
Counter Claims (counted from the date the arbitral tribunal
enters
upon the reference)
However, the above time limit can be extended by the Arbitrator for reasons to be recorded
in writing with the consent of parties and in terms of provisions of the Act.
20.8.8 In case arbitral tribunal of 3 arbitrators, each party shall be responsible to make arrangements
for the travel and stay, etc. of the arbitrator appointed by it. Claimant shall also be responsible
for making arrangements for travel/ stay arrangements for the Presiding Arbitrator and the
expenses incurred shall be shared equally by the parties.In case of sole arbitrator, BSNL shall
make all necessary arrangements for his travel / stay and the expenses incurred shall be
shared equally by the parties.
20.8.9 The Arbitration proceeding shall be held at New Delhi or Circle or SSA Headquarter (as the
case may be).
20.8.10 Subject to the aforesaid conditions, provisions of the Arbitration and Conciliation Act,1996
and any statutory modifications or re-enactment thereof shall apply to the arbitration
proceedings under this Clause.
22. DELETED
23. DELETED
24. DELETED
*****SECTION –5 Part B
64
SPECIAL (COMMERCIAL) CONDITIONS OF CONTRACT (SCC)
1. The successful tenderer / contractor shall submit an Indemnity bond declaration, as per
Annexure-1, for indemnifying BSNL against any non-compliance by bidder to any of the
applicable statutory requirements, if the work is awarded to them.
2.1 The contractor shall obtain / purchase all required insurances and make all safety arrangements
required for the labourer engaged by him at his own cost. All consequences due to negligence
or due to lapse of security/safety or otherwise shall remain with the contractor. BSNL shall not
be responsible for any mishap, injury, accident or death of the contractor’s staff directly or
indirectly. All liabilities arising out of accident or death while on duty shall be borne by the
contractor. No claims in this regard shall be entertained / accepted by the BSNL.
2.2 The contractor shall take all precautions to avoid all accidents by exhibiting necessary caution
boards / flags and providing barriers etc. He shall be responsible for all damages and accidents
caused due to negligence on his part. No hindrance shall be caused to traffic during the execution
of work. Nothing extra shall be paid on this account.
2.3 Contractor shall be fully responsible for any damages caused to BSNL / Government/ private
/other operators property / Injuries public at large/ loss of life by him or his Labourer in carrying
out the work and the same shall be rectified / compensated by the contractor at his own cost.
2.4 It will be sole responsibility of the contractor that the men deployed for the purpose of
maintenance of the external plant with BSNL are to be trained to avoid any mishap, directly or
indirectly.
2.5 On account of security considerations or on account of convenience of office staff, there could
be some restrictions on the working hours or movement of vehicles for transportation of
materials. The contractor shall be bound of follow all such restrictions and just the program for
execution accordingly.
2.6 The contractor should carry out the work to the satisfaction of BSNL officer in charge and in
the event of his failure the tendering authority reserves the right to offer the contract to any other
tenderer or any other agency in case of unsatisfactory work at the cost of the contractor and
payment will be settled on prorate Basis.
2.7 The contractor should engage workers with proven integrity to carry out the contract work.
He/His worker should vacate premises after the completion of contract work.
65
2.8 The contractor shall be solely responsible for payment and compensation under WC act 1923 as
in force from time to time applicable in the event of accident causing injury/death to his workers
and PGM SSA shall not involve in any manner.
2.9 No documents, towards compliance of aforesaid requirements, will be required to be
submitted by bidder to BSNL paying authority for settlement of their payment invoices
but the contractor must comply all requirements as per applicable Law/ Acts etc.
2.10 The decision of PGM SSA on any matter connected to this tender is final &binding on bidder.
***********
66
SECTION-6
UNDERTAKING & DECLARATION
6(A) - For understanding and agreeing with the terms & condition of Tender & Spec. of work
a) Certified that:
2. If I/ We fail to enter into the agreement & commence the work in time, the EMD/ Performance
linked Security Deposit/PBG deposited by us will stand forfeited to the BSNL.
1. All the information, Documents, Photo copies of the Documents/ Certificates enclosed along
with the Tender/Bid offer are correct.
2. In case of any correction/ addition/ alteration/ omission of the terms & conditions in the tender
document, our tender / bid shall be treated as non-responsive and shall be rejected summarily.
3. If anything is found false and/or incorrect and/or reveals any suppression of fact at any time,
BSNL reserves the right to debar our tender offer/ cancel the LOI/ Purchase/ work order if
issued and forfeit the EMD/ Performance linked Security Deposit/ PBG / Bill amount pending
with BSNL. In addition, BSNL may debar the contractor from participation in its future
tenders.
67
6 (B) – NEAR RELATIONSHIP CERTIFICATE:
(Format of the Certificate to be given as per the Clause 34.4 of Section-4 Part-A by the bidder in
respect of status of employment of his/ her near relation in BSNL)
OR
If the bidder has near relatives in the BSNL Unit where tender is being submitted, then they shall
submit following details of those officers:
68
6 (C) Certificate to be submitted by Bidders
Reference 2: Department of Expenditure Office Memorandums (OMs) No. 7/10/2021-PPD dated 23rd
February 2023 and its subsequent clarification, if any.
Further, we undertake that we will also abide by all the requirements of cited OMs during the entire contract
period.
69
SECTION- 7
PROFORMAS
2. We the Bank do hereby undertake to pay the amounts due and payable under this guarantee without any
demur, merely on a demand from the BSNL stating that the amount claimed is due if the Bidder
withdraws or varies the bid after due date and time of bid submission and during the validity of bid, or
In case, BSNL offers to execute the PPA with the Successful Bidder and if the Successful Bidder does
not execute the PPA within the stipulated time period, or if at any stage, before or after issuance of LOI,
it is found that the documents furnished by the Bidder as part of response to NIT are misleading or
misrepresented in any way, or if the Bidder fails to furnish required PBG in accordance with Clause 12
Section-3 (Part B) of the NIT. Any such demand made on the bank shall be conclusive as regards the
amount due and payable by the Bank under this guarantee where the decision of the BSNL in these
counts shall be final and binding on the bank. However, our liability under this guarantee shall be
restricted to an amount not exceeding the “B. G. Amount”.
3. We undertake to pay to the BSNL any money so demanded notwithstanding any dispute or disputes
raised by the bidder(s) in any suit or proceeding before any court or tribunal relating thereto our liability
under this present being absolute and unequivocal. The Payment so made by us under this bond shall be
valid discharge of our liability for payment there under and the bidder(s) shall have no claim against us
for making such payment.
4. We the Bank further agree that the guarantee herein contained shall remain in full force and effect during
the period that would be taken for the performance of the said agreement and that it shall continue to be
enforceable till all the dues of the BSNL under or by virtue of the said Agreement have been fully paid
and its claims satisfied or discharged or till BSNL Certifies that the terms and conditions of the said
Agreement have been fully and properly carried out by the said bidder(s) and accordingly discharge this
guarantee. Unless a demand or claim under this guarantee is made on us in writing or before the expiry
of Validity date from the date hereof, we shall be discharged from all liability under this guarantee
thereafter.
5. We the Bank further agree with the BSNL that the BSNL shall have the fullest liberty without our
70
consent and without affecting in any manner our obligations hereunder to vary any of the terms and
conditions of the said Agreement or to extend time of performance by the said bidder(s) from time to
time or to postpone for any time or from time to time any of the powers exercisable by the BSNL against
the said bidder(s) and to forbear or enforce any of the terms and conditions relating to the said agreement
and we shall not be relieved from our liability by reason of any such variation, or extension being granted
to the said Bidder(s) or for any forbearance, act or omission on the part of the BSNL or any indulgence
by the BSNL to the said bidder(s) or by any such matter or thing whatsoever which under the law relating
to sureties would, but for this provision, have effect of so relieving us.
7. In case BSNL demands for any money under this bank guarantee, the same shall be paid through
banker’s Cheque in favour of “AO (Cash) BSNL CO” payable at New Delhi.
8. The Bank guarantees that the below mentioned officer who have signed it on behalf of the Bank have
authority to give this guarantee under its delegated power.
Place: ……………………………
71
7(B)
For the Performance Guarantee
(To be typed on Rs.100/- non-judicial stamp paper)
Dated:……………..
Sub: Performance guarantee.
Whereas Executive Engineer (E) Bharat Sanchar Nigam Limited, ED-II, New Delhi.
R/o …………………………..………… …………………..(hereafter referred to as BSNL) has issued an APO
no. …………..………. Dated ……/……/20….. awarding the work of …………… …… …
………………………………….. to M/s …………………..……………………………R/o
………………………………………………………… (hereafter referred to as “Bidder”) and BSNL has
asked him to submit a performance guarantee in favour of authority authorized by BSNL of Rs.
…………..……/- (hereafter referred to as “P.G. Amount”) valid up to ……/……/20………(hereafter referred
to as “Validity Date”)
2. We, “the Bank” do hereby undertake and assure to the BSNL that if in the opinion of the BSNL, the
Bidder has in any way failed to observe or perform the terms and conditions of the said agreement or
has committed any breach of its obligations there-under, or non-renewal of Performance Security in
accordance with terms hereof, or change in ownership in breach of the Agreement, or non-submission
of PBG for O&M, or any other Default under in this Agreement, the Bank shall on demand and without
any objection or demur pay to the BSNL the said sum limited to P.G. Amount or such lesser amount
as BSNL may demand without requiring BSNL to have recourse to any legal remedy that may be
available to it to compel the Bank to pay the same.
3. Any such demand from the BSNL shall be conclusive as regards the liability of Bidder to pay to BSNL
or as regards the amount payable by the Bank under this guarantee. The Bank shall not be entitled to
withhold payment on the ground that the Bidder had disputed its liability to pay or has disputed the
quantum of the amount or that any arbitration proceeding or legal proceeding is pending between
Bidder and BSNL regarding the claim.
4. We, the Bank further agree that the guarantee shall come into force from the date of its issue and shall
remain in full force and effect up to its Validity date.
5. The Bank further agrees that the BSNL shall have the fullest liberty without the consent of the Bank
and without affecting in any way the obligations hereunder to vary any of the terms and conditions of
the said agreement or to extend the time for performance of the said agreement from any of the powers
exercisable by BSNL against the Bidder and to forebear to enforce any of the terms and conditions
relating to the said agreement and the Bank shall not be relieved from its liability by reason of such
failure or extension being granted to Bidder or through any forbearance, act or omission on the part of
BSNL or any indulgence by BSNL to Bidder or any other matter or thing whatsoever which under the
law relating to sureties would but for this provision have the effect of relieving or discharging the
guarantor.
72
6. Notwithstanding anything herein contained ;
(a) The liability of the Bank under this guarantee is restricted to the P.G. Amount and it will
remain in force up to its Validity date.
(b) The guarantee shall stand completely discharged and all rights of the BSNL under this
Guarantee shall be extinguished if no claim or demand is made on us in writing on or before
its validity date.
7. In case BSNL demands for any money under this bank guarantee, the same shall be paid through
banker’s Cheque in favour of “authority authorized by BSNL” payable at New Delhi.
8. The Bank guarantees that the below mentioned officer who have signed it on behalf of the Bank have
authority to give this guarantee under its delegated power.
Place: ……………………………
73
7 (C) For Letter of Authorization for attending Bid Opening Event.
(To be typed preferably on letter head of the company)
…………………………………….
Note 1: Only one representative will be permitted to attend the Bid opening
2. Permission for entry to the hall where bids are opened may be refused in case
authorization as prescribed above is not received.
74
7(D)
(To be submitted on Plain Paper)
INTEGRITY PACT
Between
And
Preamble
The principal intends to award, under laid down organizational procedures, contract/s
for…………………………………. The Principal values full compliance with all relevant laws, rules
and regulations, and economic use of resources, and of fairness and transparency in its relations with its
Bidder(s) and / or Contractor(s).
In order to achieve these goals, the Principal will appoint an Independent External Monitors (IEMs)
who will monitor the tender process and the execution of the contract for compliance with the principles
mentioned above.
The Principal commits itself to take all measures necessary to prevent corruption and to observe the
following principles:-
No employee of the Principal, personally or through family members, will in connection with the tender
for, or the execution of a contract, demand, take a promise for or accept, for self or third person, any
material or immaterial benefit which he/she is not legally entitled to.
The Principal will, during the tender process treat all Bidder(s) with equity and reason. The Principal
will in particular, before and during the tender process, provide to all Bidder(s) the same information
and will not provide to any Bidder(s) confidential/additional information through which the Bidder(s)
could obtain an advantage in relation to the tender process or the contract execution.
The Principal will exclude from the process all known prejudiced persons.
If the Principal obtains information on the conduct of any of its employees which is a criminal offence
under the relevant Anti-Corruption Laws of India, or if there be a substantive suspicion in this regard,
the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions.
(1) The Bidder(s)/Contractor(s) commit themselves to take all measures necessary to prevent
corruption. The Bidder(s)/Contractor(s) commit themselves to observe the following principles during
his participation in the tender process and during the contract execution.
(a) The Bidder(s)/Contractor(s) will not, directly or through any other person or firm, offer, promise
or give to any of the Principal’s employees involved in the tender process or the execution of the contract
or to any third person any material or immaterial benefit which he/she is not legally entitled to, in order
75
to obtain in exchange any advantage of any kind whatsoever during the tender process or during the
execution of the contract.
(b) The Bidder(s)/Contractor(s) will not enter with other Bidder(s) into any undisclosed agreement
or understanding, whether formal or informal. This applies in particular to prices, specifications,
certifications, subsidiary contracts, submission or non-submission of bids or any other actions to restrict
competitiveness or to introduce cartelization in the bidding process.
(c) The Bidder(s)/Contractor(s) will not commit any offence under the relevant Anti- corruption
Laws of India; further the Bidder(s)/Contractor(s) will not use improperly, for purposes of competition
or personal gain, or pass on to others, any information or document provided by the Principal as part of
the business relationship, regarding plans, technical proposals and business details, including
information contained or transmitted electronically and commit any offence under Indian Penal code
(IPC)/Prevention of Corruption (PC) Act.
(d) The Bidder(s)/Contractor(s) of foreign origin shall disclose the name and address of the
Agents/representatives in India, if any. Similarly the Bidders/Contractors(s) of Indian Nationality shall
furnish the name and address of the foreign principals, if any.
(e) The Bidder(s)/Contractor(s) will, when presenting their bid, disclose an any and all payment
made, is committed to or intends to make to agents, brokers or any other in connection with the award
of the contract.
(f) Bidder(s)/Contractor(s) who have signed the Integrity Pact shall not approach the Courts while
representing the matter to Independent External Monitors (IEMs) and shall wait for their decision in the
matter.
(g) To disclose and transgression with any other company that may impinge on the anti corruption
principle.
(2) The Bidder(s)/Contractor(s) will not instigate third persons to commit offences outlined above
or be an accessory to such offences.
Section 3 – Disqualification from tender process and exclusion from future contracts
If the Bidder(s)/Contractor(s), before contract award or during execution has committed a transgression
through a violation of Section 2, above or in any other form such as to put his reliability or credibility
in question, the Principal is entitled to disqualify the Bidder(s)/Contractor(s) from the tender process or
take action as per the defined procedure in BSNL Procurement Manual, which is in- force on the date
of Publication of tender.
(i) If the Principal has disqualified the Bidder(s) from the tender process prior to the award
according to Section 3, the Principal is entitled to demand and recover the damages equivalent to Earnest
Money Deposit / Bid Security.
(j) If the Principal has terminated the contract according to Section 3, or if the Principal is entitled
to terminate the contract according to section 3, the Principal shall be entitled to demand and recover
from the Contractor the amount equivalent to liquidated damages (LD) of the contract value or the
amount equivalent to Security Deposit/Performance Bank Guarantee (PBG) in addition to any other
penalties/ recoveries as per terms and conditions of the tender.
76
Section 5 – Previous transgression
(i) The Bidder declares that no previous transgression occurred in the last 3 years with any other
Company in any country conforming to the Anti-corruption approach or with any other Public Sector
Enterprise in India that could justify his exclusion from the tender process.
(ii) If the Bidder makes incorrect statement on this subject, he can be disqualified from the tender
process or action can be taken as per the defined procedure.
(i) The principal will enter into agreements with identical conditions as this one with all
Bidders/Contractors.
(iii) The Principal will disqualify from the tender process all bidders who do not sign this Pact or
violate its provisions.
1. Principal appoints competent and credible Independent External Monitor for this Pact. The task
of the Monitor is to review independently and objectively, whether and to what extent the parties comply
with the obligations under this agreement.
2. The monitor is not subject to instructions by the representatives of the parties and performs
his/her functions neutrally and independently. The Monitor would have access in all contract documents,
whenever required. It will be obligatory for him/her to treat the information and documents of the
Bidders/Contractors as confidential. He/she reports to the CMD BSNL.
3. The Bidder(s)/Contractor(s) accepts that the Monitor has the right to access without restriction
to all Project documentation of the Principal including that provided by the Contractor. The Contractor
will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and
unconditional access to his project documentation. The same is applicable to Subcontractors. The
Monitor is under contractual obligation to treat the information and documents of the
Bidder(s)/Contractor(s)/Subcontractor(s) with confidentiality.
Notwithstanding anything contained in this Section, the Bidder(s)/Contractor(s) shall have no obligation
whatsoever to provide any internal costing mechanisms or any internal financial or commercial data
pursuant to any audit or review conducted by or on behalf of the Principal. Further, the
Bidder(s)/Contractor(s) shall not be required to provide any data relating to its other customers, or any
personnel or employee related data.
4. The Monitor is under contractual obligation to treat the information and documents of the
Bidders/Contractor(s) /Sub-contractor(s) with confidentiality. The Monitor has also signed declarations
on “Non-Disclosures of Confidential Information” and of “Absence of Conflict of Interest”. In case of
77
any conflict of interest arising at a later date, the Independent External Monitor (IEM) shall inform
CMD BSNL and recues himself/herself from that case.
5. The Principal will provide to the Monitor sufficient information about all meetings among the
parties related to the Project provided such meetings could have an impact on the contractual relations
between the Principal and the Contractor. The parties offer to the Monitor the option to participate in
such meetings.
6. As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will so
inform the Management of the Principal and request the Management to discontinue or take corrective
action, or to take other relevant action. The monitor can in this regard submit non- binding
recommendations. Beyond this, the Monitor has no right to demand from the parties that they act in a
specific manner, refrain from action or tolerate action.
7. The Monitor will submit a written report to the Chairperson of the Board of the Principal within
4 to 6 weeks from the date of reference or intimation to him by the ‘Principal’ and, should the occasion
arise, submit proposals for correcting problematic situations.
8. If the Monitor has reported to the CMD of the BSNL, a substantiated suspicion of an offence
under relevant Anti-Corruption Laws of India, and the BSNL has not, within reasonable time, taken
visible action to proceed against such offence or reported it to the Corporate Vigilance Office, the
Monitor may also transmit this information directly to the Central Vigilance Commissioner,
Government of India.
This Pact begins when both parties have legally signed it. It expires for the Contractor 12 months after
the last payment under the contract, and for all other Bidders 6 months after the contract has been
awarded. Any violation of the same would entail disqualification of the bidders and exclusion from
future business dealings.
If any claim is made/ lodged during this time, the same shall be binding and continue to be valid
despite the lapse of this pact as specified above, unless it is discharged/determined by CMD, BSNL.
1. This agreement is subject to Indian Law. Place of performance and jurisdiction is the Registered
Office of the Principal, i.e. New Delhi. The arbitration clause provided in the tender document / contract
shall not be applicable for any issue /dispute arising under Integrity Pact.
2. Changes and supplements as well as termination notices need to be made in writing. Side
agreements have not been made.
3. If the Contractor is a partnership or a consortium, this agreement must be, signed by all partners
or consortium members.
4. Should one or several provisions of this agreement turn out to be invalid, the remainder of this
agreement remains valid. In this case, the parties will strive to come to an agreement to their original
intensions.
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For the Principal For the Bidder/Contractor
Place…………………… Witness 1 :
………………………………
79
SECTION- 8
Tenderer’s Profile
Tenderer / Bidder’s Profile & Questionnaire (To
Bidder’s profile & Questionnaire.
be filled in and submitted by the bidder)
1.
2.
3.
4.
5.
6. Name of the person authorized to enter into and execute contract/ agreement and the capacity
in which he is authorized (in case of partnership/ private Ltd company):
…………………………………………………………………………………………………
………………………………..…………………………………………………………. 7.A
Permanent Account No. : ………………………………………………………
7.B GST Registration No(s)……………………………………………….
8. Details of the Bidder’s Bank for effecting e-payments:
(a) Beneficiary Bank Name:………………………………
(b) Beneficiary branch Name:…………………………….
(c) IFSC code of beneficiary Branch……………………..
(d) Beneficiary account No.:……………………………….
(e) Branch Serial No. (MICR No.):………………………...
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9. Whether the firm has Office/ works (i.e. manufacture of the tendered item) in Delhi? If so state
its Address
…………………………………………………………………………………………………
………………………………………………………………………
B) Questionnaire
1. Do you think any other detail/ material is required to complete the work specified in the
specification? Yes/ No.
1.1 If Yes, Give details
………………………………………………………………………………………
………………………………………………………………………………………
2. Do you think any other item of work need be included in tender form to complete the work
specified in the specification? Yes/ No.
2.1 If Yes, Give details
………………………………………………………………………………………
………………………………………………………………………………………
3. Suggestion for improvement of the tender document.
……………………………………………………………………………………….
……………………………………………………………………………………….
…………………………………………………………………………………….
Place………………….
Signature of contractor ………………………
Date …………………. Name of Contractor ……………………………
81
SECTION-9 Part-A
BID FORM
To From,
…………………………………………. ……………………………………….
<complete address of the BSNL> <complete address of the Bidder>
…………………………………………. …………………………………………
……………………………………… …………………………………………
Bidder’s Reference No:……………....………………… …Dated…………………….
1. Having examined the above mentioned tender enquiry document including amendment/
clarification/corrigenda / addenda Nos. ...................... dated the
receipt of which is hereby duly acknowledged, we, the undersigned, offer to supply and deliver
.............................................. in conformity with the said drawings, conditions of contract and
specifications for the sum shown in the schedule of prices attached herewith and made part of the
financial Bid.
2. Bid submitted by us is properly sealed and prepared so as to prevent any subsequent alteration and
replacement.
3. We agree to abide by this Bid for a period of 120days from the date fixed for Bid opening or for
subsequently extended period, if any, agreed to by us. This bid shall remain binding upon us up to
the aforesaid period.
4. We understand that you are not bound to accept the lowest or any bid, you may receive.
5. If our Bid is accepted, we will provide you with a performance guarantee from a Scheduled Bank for
a sum as mentioned in section 3 (Part B ) Clause 12 Section-3 (Part B).1 for the due performance of
the contract.
6. If our Bid is accepted, we undertake to complete delivery of all the items and perform all the services
specified in the contract in accordance with the delivery schedule specified in the Section-2 (Tender
Information).
7. Until a formal Purchase/ Work Order of Contract is prepared and executed, this Bid together with
your written acceptance thereof in your notification of award shall constitute a binding contract
between us.
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SECTION 9 PART-B
Financial Schedule:
Sl. Circle State Max. SPV Cap SPV Cap (to be Tariff (To be
No. (bidder can quoted by quoted by bidder
quote in kWp) bidder in kWp) in Rs/Unit)
Note: The rate quoted should be inclusive of all taxes and duties i.e., GST, wheeling charges, fuel adjustment
charges, net-metering charges, all levies and duties, etc. Noting extra will be paid over and above on the rate
quoted.
83
ANNEXURE - 1
DEED OF INDEMNITY
TO AND IN FAVOUR OF
Bharat Sanchar Nigam Limited, through the Executive Engineer (E) Bharat Sanchar Nigam
Limited, ED-II, New Delhi Office (hereinafter referred to as the BSNL which expression shall unless
repugnant to the context or meaning thereof mean and be deemed to include its authorized
representatives and permitted assigns) on the Other Part.
WHEREAS
(a) The BSNL had invited bids vide their Tender Enquiry No. 10/EE/BSNL/ED-II/ND/2023-
24 (hereinafter referred to as ‘Tender’) for the purpose
of…………………………………………………………………………………………
………..
(b) The Bidder had submitted its bid/ proposal dated (hereinafter referred to as the ‘Bid’) for
the provision of such services in accordance with its proposal as set out in its Bid and in
accordance with the terms and conditions of the Tender.
(c) The Bidder has in order to comply with the terms of the Tender agreed to execute the
Deed of Indemnity on such terms and conditions more fully mentioned below.
1. The Bidder shall, in consideration of the BSNL making payment under and in accordance
with the Tender Document, hereby agrees to indemnify the BSNL against any costs, loss,
damages and claims from third parties or liabilities suffered by the BSNL and directly arising
out of the following reasons:
b. The Bidder shall protect, defend, indemnify and hold harmless to BSNL and its
employees from and against any and all liabilities, damages,
84
fines, penalties and cost (including legal costs and disbursements) arising from:
I. Any breach of any statute, regulation, direction, orders or standards from any
Governmental body, Agency or regulator issued with respect to the product
/services being supplied/provided under this Tender.
II. Any claim made by third parties arising out of the use of the services of
BSNL being provided using the equipment/services supplied under the
Tender to the extent these are attributable solely to the poor quality or non-
compliance of the products/services to the respective specifications.
III. Any claims arising from other utility / service providers in connection with
interruptions or degradation of their services due to services provided by
bidder under this Tender.
2. The bidder also declares that in case the bidder is blacklisted by GST Authorities in future &
which results in loss of Input Tax Credit (ITC) to BSNL, then BSNL shall have right to
recover any such loss of ITC arising on account of such black-listing.
3. This Deed of Indemnity shall stand terminated on expiry of or early termination of the
contract period as envisaged in the above said Tender requirement.
4. The Deed of Indemnity shall constitute the entire indemnity provided by the Bidder for the
indemnities asked in said Tender.
5. This Deed of Indemnity shall be governed by and construed in accordance with Indian law.
(Authorized Signatory)
Date:
Place:
<< Name of the Bidder>>
Witness 1:
Witness 2:
85
ANNEXURE-2
Submitted / Not
DOCUMENTS Submitted
Sl. No.
(If Not Applicable,
reason in brief)
Cost of the tender document ( /-) or
A proof regarding valid registration with body specified by Ministry of
Micro, Small & Medium Enterprise for the tendered items will have to be
1 attached along with the bid.
The address mentioned in the Registration Certificate & MSME certificate
must be the same. The enlistment certificate issued by MSME should be
valid on the date of opening of tender.
Bid Security in the form of Bank Guarantee for /- valid up to 180 days
from the date of tender opening.
Or
2 A proof regarding valid registration with body specified by Ministry of
Micro, Small & Medium Enterprise for the tendered items will have to be
attached along with the bid.
The address mentioned in the Registration Certificate & MSME certificate
must be the same. The enlistment certificate issued by MSME should be
valid on the date of opening of tender.
86
Scanned copy of ‘No Deviation’ statement or Clause-by-Clause
10
compliance statement pursuant to Clause 11.2 (a) of Section-4 Part A.
Scanned copy of a list of all Board of Directors of the company (In case
11
of Limited Company).
………………………………………..
Signature and Name of the Authorized signatory of the Company Company rubber stamp/seal
Place:…………
Date:………….
87
SAMPLE FORMS & FORMATS FOR BID SUBMISSION
The following formats are required to be submitted as part of the NIT. These formats are designed to
demonstrate the Bidder’s compliance with the Qualification Requirements set forth in Section 4 and other
submission requirements specified in the NIT.
COVERING LETTER
(The Covering Letter should be submitted on the Letter Head of the Bidding Company/
Lead Member of Consortium)
From: ____________ (Insert name and address of Bidding Company/ Lead Member
ofConsortium)_________________________________________________________________________
_______________________________________________________________________
Tel.#:
Fax#:
E-mail address#
To,
Sub: Response to NIT No. ……….. dated ………….. for …………………….(Insert title of the NIT)
We, the undersigned ……. [Insert name of the ‘Bidder’] having read, examined and understood in detail
the NIT including Qualification Requirements in particular, terms and conditions of the standard PPA for
supply of power for the Term of the PPA to BSNL, hereby submit our response to NIT.
We confirm that in response to the aforesaid NIT, neither we nor any of our Ultimate Parent Company/
Parent Company/ Affiliate/ Group Company has submitted response to NIT other than this response to NIT,
directly or indirectly, in response to the aforesaid NIT.
OR
We confirm that in the response to the aforesaid NIT, we have a Group Company who owns more than
10% but less than 26% in the bidding company as well as other companies who may participate in this NIT.
We also confirm that we including our Ultimate Parent Company/ Parent Company/ Affiliate/ Group
Companies directly or indirectly have not submitted response to NIT for more than cumulative capacity of
5 MW, including this response to NIT.
88
We are submitting NIT for the development of the following Projects(s):
Sl. Circle State Max. SPV Cap SPV Cap (to be Tariff (To be
No. (bidder can quoted by quoted by bidder
quote in kWp) bidder in kWp) in Rs/Unit)
1. We give our unconditional acceptance to the NIT, dated …………….…. [Insert date in
dd/mm/yyyy] and standard PPA document attached thereto, issued by BSNL. In tokenof our
acceptance to the NIT and PPA along with the amendments and clarifications issued by BSNL, the
same have been digitally signed by us and enclosed with the response to NIT. We shall ensure that
the PPA is executed as per the provisions of the NIT and provisions of PPA and shall be binding
on us. Further, we confirm that the Project shall be commissioned within the deadline as per Clause
9 of the NIT.
2. Earnest Money Deposit (EMD): - (Please read Clause 15 carefully before filling)
We have enclosed EMD of INR …………. (Insert Amount), in the form of Bank Guarantee/
…………. [Insert bank guarantee number] dated ………. [Insert date of bank guarantee] as per
89
Format from ………… [Insert name of bank providing bank guarantee] and valid up
to………….in terms of Clause 15 of this NIT. (Strike off whichever is not applicable)
3. We hereby declare that in the event our Project capacity get selected and we are not able to submit
Bank Guarantee of the requisite value(s) towards PBG for the selected Project, within due time as
mentioned in Clauses 16 & 17 of this NIT and/or we are not able to sign PPA within the timeline
as stipulated in the NIT for the selected Projects, BSNL shall have the right to encash the
EMD/PBG submitted by us.
4. We have submitted our response to NIT strictly as per Section 7 (Sample Forms and Formats) of
this NIT, without any deviations, conditions and without mentioning any assumptions or notes in
the said Formats.
5. Acceptance:-
We hereby unconditionally and irrevocably agree and accept that the decision made by BSNL in
respect of any matter regarding or arising out of the NIT shall be binding on us. We hereby
expressly waive and withdraw any deviations and all claims in respect of this process.
We also unconditionally and irrevocably agree and accept that the decision made by BSNL in
respect of award of Projects in line with the provisions of the NIT, shall be binding on us.
We confirm that we have studied the provisions of the relevant Indian Laws and Regulations as
required to enable us to submit this response to NIT and execute the PPA with the BSNL, in the
event of our selection as Successful Bidder.
7. In case of our selection as the Successful Bidder under the scheme and the project being executed
by a Special Purpose Vehicle (SPV) incorporated by us which shall be our subsidiary, we shall
infuse necessary equity to the requirements of NIT. Further we will submit a Board Resolution
prior to signing of PPA with BSNL, committing total equity infusion in the SPV as per the
provisions of NIT.
8. We are submitting our response to the NIT with formats duly signed as desired by you in the NIT
online for your consideration.
9. It is confirmed that our response to the NIT is consistent with all the requirements of submission
as stated in the NIT, including all clarifications and amendments and subsequent communications
from BSNL.
10. The information submitted in our response to the NIT is correct to the best of our knowledge and
understanding. We would be solely responsible for any errors or omissions in our response to the
NIT.
11. We undertake that the onus of locating the buildings/ rooftops and completing the other
documentation like finalizing the Project report and entering into agreements with the buildings/
rooftops owners lies with us and that BSNL does not bear any responsibility in this regard.
12. We confirm that all the terms and conditions of our Bid are valid up to ______(Insert date in
dd/mm/yyyy) for acceptance [i.e., a period upto the date as on 12 months from the last date of
submission of response to NIT].
90
14. Contact Person
Name : ……………………………………
Designation : ……………………………………
Company : ……………………………………
Address : ……………………………………
Phone Nos. : ……………………………………
Mobile Nos. : ……………………………………
Fax Nos. : ……………………………………
E-mail address : ……………………………………
15. We have neither made any statement nor provided any information in this Bid, which to the best of
our knowledge is materially inaccurate or misleading. Further, all the confirmations, declarations
and representations made in our Bid are true and accurate. In case this is found to be incorrect after
our selection as Successful Bidder, we agree that the same would be treated as our event of default
under PPA and consequent provisions of PPA shall apply.
Thanking you,
Yours faithfully,
Name, Designation, Seal and Signature of Authorized Person in whose name Power of Attorney/ Board
Resolution/ Declaration.
91
FORMAT FOR SUBMISSION OF FINANCIAL BID
(The Covering Letter should be submitted on the Letter Head of the Bidding Company/ Lead
Member of Consortium)
From: ____________ (Insert name and address of Bidding Company/ Lead Member of
Consortium)____________________________________
Tel.#:
Fax#:
E-mail address#
To
I/ We, ______________________ (Insert Name of the Bidder) enclose herewith the Financial
Proposal for selection of my/ firm for a cumulative capacity of ____ MW in as Bidder for the above.
I/We have applied for Projects to be set up in Zones _____ (insert Zone nos.) under this NIT.
I/We agree that this offer shall remain valid for a period upto the date as on 12 months from the due date
of submission of the response to NIT and such further period as may be mutually agreed upon.
Thanking you,
We remain,
Yours faithfully,
Name, Designation, Seal and Signature of Authorized Person in whose name Power of Attorney/ Board
Resolution/ Declaration.
Notes:
1. If the bidder submits the financial bid in the Electronic Form at CPP portal not in line with the
instructions mentioned therein, then the bid shall be considered as non-responsive.
2. Tariff requirement shall be quoted as a fixed amount in Indian Rupees only. Conditional proposal
shall be summarily rejected.
3. In the event of any discrepancy between the values entered in figures and in words, the values
entered in words shall be considered.
92
4. Tariff should be in Indian Rupee up to two decimal places only.
5. If the Bidder submits the financial bid containing tariff higher than the limits prescribed at
Clause 35.4 for a particular Zone, the bid shall be summarily rejected.
93
Annexure - A
The Project selected under the NIT shall strictly adhere to the Central Electricity Authority (Technical
Standards for Connectivity to the Grid) Regulations, 2007, as amended vide the Central Electricity
Authority (Technical Standards for Connectivity to the Grid) (Amendment) Regulations, 2019, and
subsequent amendments and clarifications.
All components of the PV plant shall be in accordance with technical specifications given in relevant IS/
IEC Standards. The design and commissioning also shall be as per latest IS/ IEC standards. The following
are some of the technical measures required to ensure quality of the major components used in grid
connected solar power Projects.
1. SPV MODULES
a. The SPV modules used in the grid solar power Projects must qualify to the latest edition of any of
the following IEC PV module qualification test or equivalent BIS standards.
b. In addition, SPV modules must qualify to IEC 61730 for safety qualification testing at 1000 V DC
or higher. The modules to be used in a highly corrosive atmosphere throughout their lifetime must
qualify to IEC 61701.
The Power Conditioners/Inverters of the SPV power plants must conform to the latest edition of IEC/
equivalent Indian Standards as specified below:
Other subsystems/ components used in the SPV Power Plants (Cables, Connectors, Junction Boxes,
Surge Protection Devices etc.) must also conform to the relevant international/national Standards for
Electrical Safety besides that for Quality required for ensuring Expected Service Life and Weather
Resistance. It is recommended that the Cables of 600-1800 Volts DC for outdoor installations should
comply with the BS EN 50618:2014/2pfg 1169/08.2007 for service life expectancy of 25 years.
94
4. AUTHORIZED TEST CENTRES
The PV modules/ Power Conditioners deployed in the Power Plants must have valid test certificates
for their qualification as per above specified IEC/ BIS Standards by one of the NABL Accredited Test
Centres in India. In case of module types like Thin Film and CPV / equipment for which such Test
facilities may not exist in India at present, test certificates from reputed ILAC Member body accredited
Labs abroad will be acceptable.
5. WARRANTY
• PV modules used in grid connected solar power plants must be warranted for peak output wattage,
which should not be less than 90% at the end of 10 years and 80% at the end of 25 years.
• The modules shall be warranted for at least 10 years for failures due to material defects and
workmanship.
• The mechanical structures, electrical works and overall workmanship of the grid solar power plants
must be warranted for a minimum of 5 years.
• The Inverters/ PCUs installed in the solar power plant must have a warranty for 5 years.
Each PV module used in any solar power Project must use a RF identification tag. The following
information must be mentioned in the RFID used on each module (This can be inside or outside the
laminate, but must be able to withstand harsh environmental conditions):
iii. Month and year of the manufacture (separately for solar cells and module)
v. I-V curve for the module at Standard Test Condition (1000 W/m2, AM 1.5, 250C)
x. Other relevant information on traceability of solar cells and module as per ISO 9000
Site owners would be required to maintain accessibility to the list of Module IDs along with the
above parametric data for each module.
7. PERFORMANCE MONITORING
All grid solar PV power projects must install necessary equipment to continuously measure solar
radiation, ambient temperature, wind speed and other weather parameters and simultaneously measure
the generation of DC power as well as AC power generated from the plant. They will be required to
submit this data to BSNL or any other designated agency on line and/or through a report on regular
basis every month for the entire duration of PPA. In this regard they shall mandatorily also grant access
to BSNL or BSNL or any other designated agency to the remote monitoring portal of the power plants
95
on a 24x7 basis.
The developers will comply with the requirements under Hazardous & other Waste (Management and
Transboundary Movement) Rules, 2016, as amended from time to time, as applicable. They will also
ensure that all Solar PV modules and ESS components, if any, from their plant after their ‘end of life’
(when they become defective/ non-operational/ nonrepairable) are disposed of in accordance with the
“e-waste (Management and Handling) Rules, 2011” notified by the Government and as revised and
amended from time to time.
ii) Higher DC capacity arrays so as to achieve AC capacity limit as mentioned above for injection of
energy at the delivery point to comply with the committed energy to be supplied under the PPA is
allowed.
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Annexure - B
The Special Instructions (for e-Tendering) supplement ‘Instructions to Bidders’, as given in these NIT
Documents. Submission of Online Bids is mandatory for this NIT.
e-Tendering is a new methodology for conducting Public Procurement in a transparent and secured manner.
Now, the Government of India has made e-Tendering mandatory. Suppliers/ Vendors will be the biggest
beneficiaries of this new system of procurement. For conducting electronic tendering, Bharat Sanchar
Nigam Limited(BSNL) has adopted a secured and user friendly e-tender system enabling bidders to Search,
View, Download tender document(s) directly from the e-tendering portal of CPP
https://eprocure.gov.in/eprocure/app . This portal is based on the most ‘secure’ and ‘user friendly’ software
from NIC.
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 CPP.
Digital Certificates
For integrity of data and authenticity/ non-repudiation of electronic records, and to be compliant with IT
Act 2000, it is necessary for each user to have a Digital Certificate (DC), also referred to as Digital Signature
Certificate (DSC), of Class III, issued by a Certifying Authority (CA) licensed by Controller of Certifying
Authorities (CCA) [refer http://www.cca.gov.in].
In addition to the above, the bidders are required to submit certain documents physically offline also as per
Clause 24.1 of the NIT, failing which the technical bids will not be opened.
Note: The Bidder should also upload the scanned copies of all the above mentioned original documents as
Bid-Annexures during Online Bid-Submission.
Internet Connectivity
If bidders are unable to access CPP e-tender portal or Bid Documents, the bidders may please check whether
they are using proxy to connect to internet or their PC is behind any firewall and may contact their system
administrator to enable connectivity. Please note that Port SSL/ 443 should be enabled on proxy/firewall
for HTTPS connectivity. Dial-up/ Broad and internet connectivity without Proxy settings is another option.
97
Annexure - C
98
22 Sancharika Admin bldg Murshidabad 537.82 West Bangal
75 Assam
101
109 Bhatpara TE 24 Parganas (N) 200
CTD
110 Kalyani TE Nadia 200 CTD
111 Barrackpore TE 24 Parganas (N) 500 CTD
112 NSCBTTC, Kalyani Nadia 1000
CTD
CHEELGHARI(DMA) KANGRA 260 Himachal
113 pradesh
PALAMPUR KANGRA 250 Himachal
114 pradesh
NADAUN HAMIRPUR 220 Himachal
115 pradesh
KULLU KULLU 300 Himachal
116 pradesh
MANALI KULLU 215 Himachal
117 pradesh
CHOTTASHIMLA SHIMLA 995 Himachal
118 pradesh
Baddi SOLAN 254 Himachal
119 pradesh
Solan SOLAN 230 Himachal
120 pradesh
C.G.M.T. Block-11 Shimla SHIMLA 578 Himachal
121 pradesh
C.G.M.T. Block-9 Shimla SHIMLA 206 Himachal
122 pradesh
103
TENDUKONA
160 (MAHASAMUND) MAHASAMUND 200 Chattisgadh
MAHALPARA, (SDO
OFFICE) SARAIPALI
165 (MAHASAMUND) MAHASAMUND 200 Chattisgadh
166 TE Bhathapara Raipur 650 Chattisgadh
MAHASHWETA COLONY,
168 BHATAPARA, (RAIPUR) Raipur 650 Chattisgadh
105
224 MAX-I Korba Korba 800 Chattisgadh
225 Balco Nagar Korba 275 Chattisgadh
226 MAX-I Raigarh Raigarh 982 Chattisgadh
227 SARANGARH Raigarh 370 Chattisgadh
C DOT TELEPHONE
228 EXCHANGE KHARSIA Raigarh 255 Chattisgadh
C DOT TELEPHONE
229 EXCHANGE GHARGODA Raigarh 290 Chattisgadh
230 Jashpurnagar Jashpur 360 Chattisgadh
231 MAX-I Ambikapur Ambikapur 573 Chattisgadh
106
252 KARBOOK TE Gomoti 400 NE-I
253 MIRJA TE Gomoti 400 NE-I
254 R.K.Pur TE Gomoti 500 NE-I
255 Bishalgarh TE Sipahijala 400 NE-I
256 Melagharh TE Sipahijala 550 NE-I
257 Sonamura TE Sipahijala 500 NE-I
258 Dharmanagar Admn nldg Tripura North 600 NE-I
259 Dharmanagar TE Tripura North 500 NE-I
260 Manughat Tripura North 400 NE-I
261 Panisagar Tripura North 500 NE-I
262 Belonia Tripura South 450 NE-I
263 Manu Tripura South 400 NE-I
264 Sabroom TE Tripura South 500 NE-I
265 SANTIRBAZAR TE Tripura South 450 NE-I
266 AD Nagar Tripura west 450 NE-I
267 Door Sanchar Bhawan Tripura west 580 NE-I
268 Gandhigram Tripura west 400 NE-I
269 GB TE Tripura West 450 NE-I
270 Jirania Tripura West 450 NE-I
271 Julaibari TE Tripura West 400 NE-I
272 Kailasahar TE Tripura West 500 NE-I
273 Kalyanpur TE Tripura West 400 NE-I
274 Kamalghat TE Tripura west 500 NE-I
275 Kamalput TE Tripura West 400 NE-I
276 KANCHANPUR TE Tripura West 400 NE-I
277 Khowai TE Tripura West 500 NE-I
278 Lichubagan M/W Tripura west 400 NE-I
279 MOHANPUR TE Tripura west 450 NE-I
280 North gate main TE Tripura west 700 NE-I
281 Ranirbazar Tripura West 350 NE-I
282 Teliamura TE Tripura West 500 NE-I
283 USHABAZAR TE Tripura West 450 NE-I
284 Forest colony E K hills 400 NE-I
TELEPHONE BHAWAN -
285 IMPHAL IMPHAL WEST 540 NE-II
TELECOM COMPOUND,
286 ZUNHEBOTO DIMAPUR 850 NE-II
287 WOKHA TE DIMAPUR 850 NE-II
288 MOKOKCHUNG TE DIMAPUR 702 NE-II
107
289 PHEK TE DIMAPUR 630 NE-II
LERIE S/Q COMPOUND,
290 KOHIMA DIMAPUR 530 NE-II
291 CHUMUKEDIMA TE DIMAPUR 500 NE-II
292 Half Nagarjan DIMAPUR 500 NE-II
293 KOHIMA DTO DIMAPUR 500 NE-II
294 ALICHEN TE DIMAPUR 452 NE-II
295 NAGINIMARA TE DIMAPUR 331 NE-II
296 DHANSIRIPAR TE DIMAPUR 300 NE-II
297 KUHUBOTO TE DIMAPUR 275 NE-II
298 CHIEPHOBOUZO TE DIMAPUR 253 NE-II
299 TUENSANG TE DIMAPUR 251 NE-II
300 NIULAND TE DIMAPUR 250 NE-II
301 TENNING TE DIMAPUR 227 NE-II
302 AGHUNOTO TE DIMAPUR 226 NE-II
303 Pasighat TE East Siang 300 NE-II
304 Along TE West Siang 300 NE-II
305 Daporijo TE Upper Subansiri 300 NE-II
306 Sunpura TE Lohit 300 NE-II
307 Deomali TE Tirap 300 NE-II
Satellite ETR & Qtr Complex,
308 Itanagar Papum Pare 300 NE-II
350
311 BSNL Bhawan, Bhubaneswar Khurda ODISA
250
Telephone Bhawan,
312 Sambalpur Sambalpur ODISA
Telephone bhawan, 550
313 Berhampur Ganjam ODISA
600
314 Telephone Bhawan, Cuttack Cuttack ODISA
451
315 Administrative Bldg., Cuttack Cuttack ODISA
300
316 CTO Compound, Cuttack Cuttack ODISA
108
300
317 T.E. Kendrapara Kendrapara ODISA
300
318 T.E. Jajpur Town Jajpur ODISA
200
319 T.E. Jajpur Road Jajpur ODISA
200
320 T.E. Jagatsinghpur Jagatsinghpur ODISA
450
321 Administrative Bldg , Bolangir Bolangir ODISA
225
322 Telephone Bhawan, Balasore Balasore ODISA
250
323 Administrative Bldg., Balasore Balasore ODISA
238
324 Telephone bhawan Baripada Mayurbhanja ODISA
325 DTO Sambalpur Sambalpur 216 ODISA
600
326 Telephone Bhawan Sambalpur Sambalpur ODISA
260
Telephone Exchange
327 Dhenkanal Dhenkanal ODISA
430
328 Telephone Exchange Keonjhar Keonjhar ODISA
270
329 Telephone Kendra Rourkela Sundergarh ODISA
275
330 Admin.Bldg.Bhawanipatna Kalahandi ODISA
331 T.E Pathankot Pathankot 750 Punjab
332 Admn block Hoshiarpur Hoshiarpur 700 Punjab
333 Phagwara Kapurthala 700 Punjab
334 Nakodar Jalandhar 700 Punjab
335 T.E Batala Gurdaspur 700 Punjab
336 TE Bharat Nagar Bathinda 650 Punjab
337 Gole Diggi Bathinda 650 Punjab
338 Faridkot Admn block Faridkot 600 Punjab
109
339 TE Moga Main Moga 600 Punjab
340 TE Mata Rani LDH Ludhiana 600 Punjab
341 TE Jagraon Ludhiana 600 Punjab
342 TE BLDG SECTOR-5 PKL Panchkula 589 Punjab
343 Rayya Amritsar 555 Punjab
344 TE RBN LDH Ludhiana 500 Punjab
345 TE Sirhind Patiala 405 Punjab
112