On-Line Expression of Interest (EOI) For Empanelment and Strategic TIE-UP With Indian Startup Companies

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EOI NO: TCIL/15/1975/I/22-MM/03E Date: 05.05.

2022

--
On-Line Expression of Interest (EOI)
for

Empanelment and Strategic TIE-UP with Indian


Startup Companies

EOI No: TCIL/15/1975/I/22-MM/03E

Date of Issue:05/05/2022

Issued By:
[Material Management Division]
Fax :+91 (11) 26242266
Tel: +91 (11) 26202410
https://www.tcil.net.in/

Telecommunications Consultants India Ltd.


(A Govt. of India Enterprise)
TCIL Bhawan, Greater Kailash-I
New Delhi – 110048 (India)
Telephone no.:011-26202020, Fax:011-26241865,
website: https://www.tcil.net.in/
Email: [email protected]
CIN No.:U74999DL1978GOI008911

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EOI NO: TCIL/15/1975/I/22-MM/03E Date: 05.05.2022

Contents
1. EXPRESSION OF INTEREST (EOI) ............................................................................. 4
1.1 NOTICE FOR EXPRESSION OF INTEREST: ................................................................................................................4
1.2 OBJECTIVE.........................................................................................................................................................4
1.3 IMPORTANT DATES .........................................................................................................................................4
1.4 ELIGIBILITY CRITERIA ...................................................................................................................................4
1.5 OTHER DOCUMENTS .......................................................................................................................................5
1.6 BIDDER NOT ELIGIBLE TOPARTICIPATE ....................................................................................................6
1.7 BID SECURITY (EARNEST MONEY DEPOSIT) ............................................................................................6
1.8 DOCUMENT TO BE ATTACHED ALONGWITH EOI DOCUMENT: ............................................................6
1.9 EOI PROCESSING FEES....................................................................................................................................7
1.10 CLARIFICATION FROM BIDDERS.............................................................................................................7
1.11 COMPLETLNES OF BID ...............................................................................................................................7
1.12 NOTE...............................................................................................................................................................7
1.13 EOI DOCUMENT FEES.................................................................................................................................7
1.14 VALIDITY PERIOD OF BID .........................................................................................................................7
1.15 IP PROGRAMME : .........................................................................................................................................7
1.16 INTEGRITY PACT.........................................................................................................................................8
1.17 AUTHORIZATION LETTER/ BOARD RESOLUTION :..............................................................................9
1.18 MOU/AGREEMENT ......................................................................................................................................9
1.19 SUBMISSION OF FORGED DOCUMENTS .................................................................................................9
1.20 CONTACT INFORMATION..........................................................................................................................9
2. GENERAL TERMS & CONDITIONS OF THE CONTRACT ................................... 10
2.1 PURCHASE PREFERENCE: MAKE IN INDIA : .............................................................................................10
2.2 RESTRICTIONS ON PROCUREMENT FROM A BIDDER OF A COUNTRY WHICH SHARES A LAND
BORDER WITH INDIA ..............................................................................................................................................10
2.3 ARBITRATION .................................................................................................................................................11
2.4 BANNING OF NON-PERFORMING VENDOR ..............................................................................................11
2.5 AMENDMENT TO BID DOCUMENTS...........................................................................................................11
2.6 MODIFICATION AND WITHDRAWAL OF BIDS .........................................................................................12
2.7 CLARIFICATION OF BIDS..............................................................................................................................12
2.8 NOTE: ................................................................................................................................................................12
3. SPECIAL CONDITIONS OF CONTRACT.................................................................. 13
3.1 VENDOR TO BEAR COST OF EOI..................................................................................................................13
3.2 LANGUAGE......................................................................................................................................................13
3.3 VALIDITY OF EMPANELEMENT..................................................................................................................13
3.4 BIDDING SYSTEM:..........................................................................................................................................13
3.5 SUBMISSION OF EOI.......................................................................................................................................13
3.6 OPENING ..........................................................................................................................................................13
3.7 EVALUATION ..................................................................................................................................................13
3.8 NOTIFICATION OF EMPANELMENT ...........................................................................................................14
3.9 CANCELLATION OF LETTER OF EMPANELMENT ...................................................................................14
3.10 NDA ..............................................................................................................................................................14
3.11 BID SECURITY AND PERFORMANCE SECURITY ................................................................................14
3.12 RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS ...................................................14
3.13 BG: ................................................................................................................................................................14
3.14 NOTE : ............................................................................................................................................................15
4. SCOPE OF WORK......................................................................................................... 16
4.1 INDICATIVE CATEGORIES FOR EMPANELMENT: ..................................................................................16
4.2 SPECIAL TERMS & CONDITIONS: ...............................................................................................................17
4.3 PREFERNECE:..................................................................................................................................................18
5. PROJECT EXPERIENCE ............................................................................................. 19
6. BID SECURITY DECLARATION FORMAT.............................................................. 20

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EOI NO: TCIL/15/1975/I/22-MM/03E Date: 05.05.2022

7. INTEGRITY PACT ........................................................................................................ 21


8. AUTHORIZATION LETTER ....................................................................................... 22
9. CALCULATION OF LOCAL CONTENT: .................................................................. 24
10. NO-CONVICTION CERTIFICATE ............................................................................. 25
11. BID SUBMISSION FORM............................................................................................. 26
12. MAKE IN INDIA UNDERTAKING.............................................................................. 28
13. APPLICATION FOR REGISTARTION ...................................................................... 31
14. UNDERTAKING FOR NON INSOLVENT, IN RECEIVERSHIP, BANKRUPT ...... 32
15. UNDERTAKING FOR NOT HAVE FACED ANY ACTION FROM TCIL............... 33
16. UNDERTAKING FOR SUBMISSION OF GENUINE DOCUMENTS....................... 34
17. MEMORANDUM OF UNDERSTANDING.................................................................. 35

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EOI NO: TCIL/15/1975/I/22-MM/03E Date: 05.05.2022

SECTION-1

EXPRESSION OF INTEREST (EOI)

1.1 Notice for Expression of Interest:

Expression of Interest for Empanelment & Strategic Tie-up with Indian Startup Companies.
This open EOI intends to empanel Indian Startup Companies in the various technological field of IT &
Telecom Category in which TCIL shall pursue the business opportunities. Startup shall be empaneled
and categorized on the basis of nature of business and financial, technical & organizational
Strength.

About TCIL:
Telecommunications Consultants India Ltd. (TCIL) is a Govt. of India Enterprise, under Department
of Telecommunications, Ministry of Communications. It was set up in 1978 to share Indian experience
and expertise with developing countries and to assist bulk users of telecom services in setting up
dedicated telecom networks.

TCIL has been undertaking various projects in all fields of telecommunications and information
technology and also continuously deploying new technologies in the field of Telecom Software,
Switching and Transmission Systems, Cellular Services, Rural Telecommunications, Optical Fiber
based Backbone Transmission Systems etc. TCIL has diversified its operation and has been executing
projects in the field of Civil Infrastructure, Architecture and Power, Rural Roads and Civil
Construction. TCIL has been executing projects in latest technologies like FTTH, VOIP, IPTV etc.

1.2 OBJECTIVE

TCIL intends to expand its Project Business. The objective extending TCIL’s market share into
various technology offerings (such as technologies like health-tech, edu-tech, fintech mobility, IOT,
robotics, AL, ML, Deep data, clean energy and other technology driven) and building up its
formidable presence in various industries areas like ICT , e-Governance, smart cities, mobility,
Integrated command and control center, security and surveillance, Intelligent traffic management,
waste management etc. in order to fulfill its objective of multi-fold growth in its turnover and
profitability. It is realized that such initiative would need an effective alliance with Startup firms
working in various field/new technologies areas to cross leverage respective strengths, for mutual
business benefits. For the same an expression of interest (EoI) is sought from the eligible Start up
organizations for entering into suitable business alliance. Post empanelment of partners, TCIL will
share suitable business opportunities with select partners for working in the appropriate model
(consortium, joint bid, OEM support etc.)

1.3 IMPORTANT DATES

Prospective bidders need to submit their bids online on the given TCIL portal i.e www.tcil.net.in.
Submitted offers will be opened and evaluated at regular intervals..

1.4 ELIGIBILITY CRITERIA

a) Bidder should be a "Startup Company" as per Gazette Notification G.S.R. 127(E) Provision dated
19.02.2019 (as amended) of Govt. of India) and bidder should submit the following documents:

(i) Registration Certificate (As startup company) issued by Department for Promotion of
Industry and Internal Trade (DPIIT),earlier known as Department of Industrial Policy and
Promotion (DIPP), Ministry of Commerce, certified by Start-up Director/Partner.

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EOI NO: TCIL/15/1975/I/22-MM/03E Date: 05.05.2022

(ii) A declaration from the Directors/Partner of the start-up stating that “Turnover of the entity
for any of the financial year since incorporation / registration has not exceeded 100 Crore
Rupees”.
(iii) The requirement of financial turnover for empanelment is waived off.

An entity shall be considered as a startup upto a period of 10 years from the date of incorporation/
registration

b) Bidder must submit the registration form as per format given in Annexure –I of this EOI with
details of Products and Categories in which they want to get itself empanel with TCIL.

c) As per GOI Order No. P-45021/2/2017- PP(BE-II), dated 16-09-2020 for Make in India Class
I/Class II only are eligible to bid for this EOI :

(Mandatory Undertaking for Purchase Preference to MAKE In INDIA to be submitted along with
this EOI. The bidder needs to submit calculation of local content as per format attached in Section-
9.The detailed clause is mentioned at Clause 2.3 in Section-2 of this EOI and the documents required
for verification of local content needs to be submitted as per this Clause.)

d) The bidder should be an Indian Company registered as a private limited company (as defined in
companies act 2013) or registered as partnership firm (registered under section 59 of partnership act
1932) or a limited liability partnership (under the limited liability partnership act 2008) in India.

Copy of Certificate of Incorporation/ Registration/ Partnership Deed or any other relevant document,
as applicable, should be submitted along with a copy of address proof.

e) The bidder should have a valid PAN and GST Registration (copy of PAN card and GST Registration
certificate should be submitted in the bid). Copy of PAN card and GST Registration certificate
should be submitted in the bid. In case GST registration is not available, the bidder shall give
undertaking that it will get registered before start of work, if work is awarded to them

f) The bidder shall submit an undertaking on their letter-head stating that:

“In reference to the Government of India, Ministry of Finance, Department of Expenditure, Office
Memorandum No. F.No. 6/18/2019-PPD, Dated 23-07-2020. I hereby submit that:
“We have read the Clause regarding restrictions on procurement from a bidder of a country which
shares a land border with India; We certify that we (in case of Consortium all the Consortium
Partners) are not from such a country or their beneficial owner is not from such a country or we will
not sub-contract any work to a contractor from such countries, if from such a country, have been
registered with the Competent Authority.
We hereby certify that we (in case of Consortium all the Consortium Partners) fulfill all
requirements in this regard and are eligible to be considered. [Where applicable, evidence of valid
registration by the Competent Authority shall be attached.]”.

g) Proof of PF registration to be submitted by the bidder, if the bidder comes under PF.

h) Bid by Consortium is not allowed.

1.5 OTHER DOCUMENTS

a) The bidder should give an undertaking on the company’s letter head that all the
documents/certificates/information submitted by them against this EOI are genuine.

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EOI NO: TCIL/15/1975/I/22-MM/03E Date: 05.05.2022

In case any of the documents/certificates/information submitted by the bidder is found to be false or


forged, TCIL shall immediately reject the bid of such bidder(s) or cancel/terminate the contract and
forfeit bid security / Performance Security submitted by the bidder and debar them from
participation in future EOIs/tenders of TCIL for a period upto 5 years.

b) A statement showing Clause-by-Clause compliance to all Terms & Conditions of all the Sections of
this EOI , duly Signed and Stamped on the Letter Head of their Organization. The bidder shall
submit No-Deviation Certificate along with above.

1.6 BIDDER NOT ELIGIBLE TOPARTICIPATE

a) The bidder should not be insolvent, in receivership, bankrupt or being wound up, not have had their
business activities suspended and not be the subject of legal proceedings for any of the foregoing.
An undertaking by the bidder should be submitted. (Format is attached as Annexure –II)

b) The Bidder should not be blacklisted/debarred/banned/restricted by any Union Govt./State Govt.


/PSU as on date of submission of the Bid. “No-Conviction Certificate” duly signed by authorized
signatory signing the bid, should be submitted in the prescribed format.

c) Bidder should not have faced any action from TCIL during last 5 years from date of bid submission
where any PO/work order for any project of TCIL was cancelled & work get done on risk & cost
basis for non-performance or non-submission of PBG. (Format is attached in annexure-III)

1.7 BID SECURITY (EARNEST MONEY DEPOSIT)

The bidders shall sign a Bid Security Declaration (as per format given in EOI) accepting that if they
withdraw or modify their bids during the period of validity etc., they will be suspended for the time
specified in the EOI document.
In exceptional cases where client doesn’t exempt EMD/Bid Security in line with guidelines by Govt.,
then the bidder shall also be asked to submit EMD/Bid Security(on back to back terms with Client).

Note:- Bids received without Bid Security Declaration form shall be summarily rejected.

1.8 DOCUMENT TO BE ATTACHED ALONGWITH EOI DOCUMENT:

Sr. Documents to be Submitted by Bidder Remarks


No. (Yes/No)
A. Eligibility Related Documents
1 Start Up Registration certificate issued by DIIP (Govt. of India) with
undertaking on letter head that turnover has not exceeded INR 100
Crores as per clause mentioned
2 Application for Registration as per Annexure –I
3 Make in India Undertaking
4 Copy of Certificate of Incorporation/ Registration/ Partnership Deed
or any other relevant document.
5 Copy of PAN and GST
6 Under taking regarding Land Border Sharing clause
7 Bid Security declaration against EMD (As per section 6)
5 Authorization Letter (As per Section 8)
6 Declaration that bidder is not blacklisted/debarred/banned (No
Conviction certificate -as per Section 10)
7 Undertaking regarding Non Insolvent (As per Annexure-II)

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EOI NO: TCIL/15/1975/I/22-MM/03E Date: 05.05.2022

Sr. Documents to be Submitted by Bidder Remarks


No. (Yes/No)
8 Undertakings regarding not have faced any action from TCIL (As per
Annexure-III)
9 Undertaking regarding submitted documents are genuine (As per
Annexure –IV)
B. Other Mandatory Documents to be submitted by Bidder
1 PF Registration Details
2 Bid Submission Form (As per Section-11)
3 Statement Showing Clause by Clause compliance to all the terms &
Condition of this EOI along with No Deviation Certificate of all
alongwith acceptance of MOU and BG format
4 Signed copy of Integrity Pact (as per section-7)
5 Copy of DPIIT application form based on which startup certificate
obtained
6. The copy of the form submitted alongwith DPIIT application
7. Copy of work order/ completion certificate of the offered category for
empanelment
8. Turn over of last financial year

1.9 EOI PROCESSING FEES

NIL

1.10 CLARIFICATION FROM BIDDERS

The queries may be asked from bidders for submitting shortfall to be submitted within specified date
and time. Also, every document submitted against following queries should be signed by the person
authorized as per Authorization Letter / Board Resolution submitted by bidder against tender, without
which the documents will not be accepted as valid.

1.11 COMPLETLNES OF BID

The bidder must ensure that their bid is complete in all respects and conforms to EOI terms and
conditions, failing which the bids are liable to be rejected without seeking any clarifications on any
exception/deviation taken by the bidder in their bid.

1.12 NOTE

TCIL reserves the right to accept or reject any or all the EOIs without assigning any reason.

1.13 EOI DOCUMENT FEES

NIL

1.14 VALIDITY PERIOD OF BID

Bid shall remain valid for 180 days [or as per Client’s requirement] after the date of bid opening. The
bid valid for a shorter period shall be rejected as non-responsive.
In exceptional circumstances, TCIL may request the bidder for an extension to the period of bid
validity if same is extended by end client and accordingly, the bid security shall also be suitably
extended by the bidder.

1.15 IP PROGRAMME :

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EOI NO: TCIL/15/1975/I/22-MM/03E Date: 05.05.2022

As a part of implementation of Integrity Pact Programme (IPP) in TCIL, all tenders with the estimate
value equal to or exceeding the threshold value will be covered under the Integrity Pact Programme
(IPP) and the vendors are required to sign the IP document and submit the same to TCIL before or
along with the bids. Latest IP document is available at TCIL website (www.tcil.net.in) Link-
https://www.tcil.net.in/integrity_pact.php Even in case of tenders with the estimated value less than the
threshold value, the vendors would be required to sign the IP document if the total value of the
Purchase Orders (POs) exceeds the threshold value in respect of:
 Multiple/repeat POs on the single vendors against a tender.
 POs placed on multiple vendors against a tender.
Only those vendors who have signed the IP document can send their grievances, if any, to the
Independent External Monitors (IEMs) through the nodal officer, i.e. Chief Vigilance Officer (CVO).
TCIL in the prescribed proforma.

NAME OF IEMS WITH THEIR CONTACT DETAILS:


1) Shri Prabhash Singh, Independent External Monitor Email ID : [email protected]
2) Shri S.K. Sarkar, Independent External Monitor E mail ID :[email protected]

NAME & CONTACT DETAILS OF NODAL OFFICER (IP) IN TCIL:


Mr. V.K. Sinha , Chief Vigilance Officer E-mail ID: [email protected]

If the Order, with total value equal to or more than the threshold value, is split to more than one vendor
and even if the value of PO placed on any/each vendor(s) is less than the threshold value, IP document
having been signed by the vendors at bid stage itself, the Pact shall continue to be applicable.

In respect of tenders for Pre-bid tie up/Expression of Interest (EOI) : In case of TCIL getting the Order
from the client, before placement of Purchase Order/Work Order on technically & commercially
qualified vendor, the selected vendor is required to sign the IP document.

IP document shall be in plain white sheet and to be signed by the vendor and TCIL with two witnesses
from each party. The name, designation, company etc. of the persons signing the IP document and the
project/tender name shall be clearly mentioned. All pages of the IP document shall be initialed by both
parties along with company seal.

Tender received without signed & stamped copy of the Integrity Pact document will be liable to be
rejected, and the bidder himself will be responsible for that.

1.16 INTEGRITY PACT

a) This EOI is covered under Integrity Pact Programme of TCIL and bidders are required to sign the
Integrity Pact Document and submit same to TCIL before or along with the bids.
b) Integrity Pact Agreement duly signed and stamped by Authorized Signatory & Witnesses has to be
submitted in physical form at the time of bid submission. In case of consortium bid, the lead partner
shall sign as authorized signatory and the consortium partner as witness.
c) EOI received without signed copy of the Integrity Pact document will be liable to be rejected.
d) In case of Joint Venture, all partners of the joint venture should sign the Integrity Pact. In case of
sub-contracting, the Principal Contractor shall take the responsibility of the adoption of IP by sub-
contractor. It is to be ensured that all sub-contractors also sign the IP.

e) Mediation Clause
In the event of any dispute between management and the contractor relating to those contracts where
integrity pact is applicable, in case, both the parties are agreeable, the dispute may be settled through
mediation before the panel of IEMs in a time bound manner. If required, the organizations may
adopt any mediation rules for this purpose.
In case the dispute remains unresolved even after mediation by panel of IEMs, the organization may
take further action as per terms and conditions of the contract.

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EOI NO: TCIL/15/1975/I/22-MM/03E Date: 05.05.2022

1.17 AUTHORIZATION LETTER/ BOARD RESOLUTION :

The bidders need to submit board resolution along with authorization Letter in Online mode
authorizing the signatory to act on behalf of the bidder. The Authorized person should be either
authorized by Board or a employee authorized by one of the following person who has the Board
Resolution to delegate authorization to other :

1. Managing director
2. The Chief Executive Officer
3. The Manager
4. The Company Secretary
5. The Whole-time director
6. The Chief Financial Officer

1.18 MOU/AGREEMENT

Selected bidder will have to sign MoU with TCIL ( as per format enclosed) on empanelment.

The template of MoU documents is enclosed.

1.19 SUBMISSION OF FORGED DOCUMENTS

Bidders should note that TCIL may verify authenticity of all the documents/certificate/information
submitted by them against the EOI. In case at any stage of this process, if it is established that bidder
has submitted forged documents/certificates/information towards fulfillment of any of the
EOI/contract conditions, TCIL shall immediately reject the bid of such bidder(s) or cancel/terminate
the contract and forfeit bid security / Performance Security submitted by the bidder and debar them
from participation in future tenders of TCIL for a period upto 5 years.

1.20 CONTACT INFORMATION

MM Division: Sh. S.K Tata, General Manager (MM)


Telephone: 011-2620 2410
e-mail: [email protected]

Sh. Divya Swarup Singh, DGM (MM)


Telephone:- 011-26202417
Email: [email protected]

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EOI NO: TCIL/15/1975/I/22-MM/03E Date: 05.05.2022

SECTION-2

GENERAL TERMS & CONDITIONS OF THE CONTRACT

2.1 PURCHASE PREFERENCE: MAKE IN INDIA :


Class I and II bidders are eligible to apply.

2.2 RESTRICTIONS ON PROCUREMENT FROM A BIDDER OF A COUNTRY WHICH


SHARES A LAND BORDER WITH INDIA

Bidders shall submit the following certificate for sourcing products and services in tender

"We have read the clause regarding restrictions on procurement from a bidder of a country which
shares a land border with India. We certify that bidder M/s __ (name of the bidder) is not from
such a country or if from such a country, has been registered with the Competent Authority. We hereby
certify that bidder M/s. (Name of bidder) fulfills all the requirement in this regard and is
eligible to be considered against this EOI. The bidder will not source those products & services whose
beneficial owner is from such countries "
[wherever applicable the bidder must submit evidence of valid registration by Competent Authority]

GUIDELINES FOR ELIGIBILITY OF A 'BIDDER FROM A COUNTRY WHICH SHARES A


LAND BORDER WITH INDIA':
As per Order dated 23.07.2020, issued by Department of Expenditure, Ministry of Finance, Govt, of
India in this regard, the following guidelines have been issued by DoE for tenders:-
1. Any bidder from a country which shares a land border with India will be eligible to bid in this tender
only if the bidder is registered with the Competent Authority.
Competent Authority for the purpose of registration shall be the Registration Committee constituted
by the Department for Promotion of Industry and Internal Trade (DPIIT), as mentioned under Annex
I of the Order (Public Procurement No.1) dated 23.07.2020.

2. "Bidder'' (including the term 'tenderer', 'consultant' or 'service provider' in certain contexts) means
any person or firm or company, including any member of a consortium or joint venture (that is an
association of several persons, or firms or companies), every artificial juridical person not falling in
any of the descriptions of bidders stated hereinbefore, including any agency, branch or office
controlled by such person, participating in a procurement process.

3. "Bidder from a country which-shares a land border with India" for the purpose of this Order means;-
i. An entity incorporated, established or registered in such a country; or
ii. A subsidiary of an entity incorporated, established or registered in such a country; or
iii. An entity substantially controlled through entities incorporated, established or registered in
such a country; or
iv. An entity whose beneficial owner is situated in such a country; or
v. An Indian (or other) agent of such an entity; or
vi. A natural person who is a citizen of such a country; or
vii. A consortium or joint venture where any member of the consortium or joint venture falls
under any of the above.
4. The beneficial owner for the purpose of (3) above will be as under:-

i. In case of a company or Limited Liability Partnership, the beneficial owner is the natural
person(s), who, whether acting alone or together, or through one or more juridical person (s),

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has a controlling ownership interest or who exercises control through other means.
Explanation-
a) "Controlling ownership interest" means ownership of or entitlement to, more than
twenty-five per cent, of shares or capital or profits of the company;
b) "Control" shall include the right to appoint majority of the directors or to control the
management or policy decisions including by virtue of their shareholding or management
rights or shareholders agreements or voting agreements;
ii. In case of a partnership firm, the beneficial owner is the natural personts) who, whether acting
alone or together, or through one or more juridical person, has ownership of entitlement to
more than fifteen percent of capital or profits of the partnership;
iii. In case of an unincorporated association or body of individuals, the beneficial owner is the
natural person(s), who, whether acting alone or together, or through one or more juridical
person, has ownership of or entitlement to more than fifteen percent of the property or capital
or profits of such association or body of individuals;
iv. Where no natural person is identified under (i) or (ii) or (iii) above, the beneficial owner is the
relevant natural person who holds the position of senior managing official;
v. In case of a trust, the identification of beneficial owner(s) shall include identification of the
author of the trust, the trustee, the beneficiaries with fifteen percent or more interest in the
trust and any other natural person exercising ultimate effective control over the trust through a
chain of control or ownership.
vi. An Agent is a person employed to do any act for another, or to represent another in dealings
with third person.

2.3 ARBITRATION

All disputes or differences whatsoever arising among the parties under and/or in connection with
and/or in respect of this tender shall be referred to and decided by a sole arbitrator, who shall be
nominated by the CMD, TCIL. The arbitration shall be conducted in accordance with Arbitration and
Conciliation Act of 1996 as amended from time to time and the venue of the arbitration shall be in
New Delhi.

For Public Sector Undertaking / Government Departments: “In the event of any dispute or difference
relating to the interpretation and application of the provisions of this contract, such dispute or
difference shall be taken up by either party for resolution through AMRCD as mentioned in DPE OM
No. 4(1)/2013-DPE (GM)/FTS-1835 dated 22.05.2018.
Any party aggrieved with the decision of the committee at the Ist level (tier) may prefer an appeal
before the Cabinet Secretary at the Second level (tier) within 15 days from the date of receipt of
decision of the committee at First level, through its Administrative Ministry/ Deptt in terms of para 4,
5 and 7 of above DPE OM dated 22.05.2018, whose decision will be final and binding on all
concerned.”

2.4 BANNING OF NON-PERFORMING VENDOR

In case any of the vendor’s work/PO/agreement is cancelled/terminated by TCIL after award, due to
non-performance, the vendor may be banned/blacklisted upto 5 years or action as deemed fit may be
taken by TCIL

2.5 AMENDMENT TO BID DOCUMENTS


a) At any time, prior to the date of submission of bids, TCIL may for any reason, whether at its
own initiative or in response to a clarification requested by a prospective bidder, modify the
bid documents by amendments, which shall be available on TCIL Website and the e-tendering
portal.

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b) In order to give required time to the prospective bidders, in which to take the amendments into
action in preparing their bid, TCIL may at its discretion extend the deadline for
submission of bid suitably.

2.6 MODIFICATION AND WITHDRAWAL OF BIDS

a) Bid withdrawal/modification shall not be allowed after end date and time of bid submission.

b) Withdrawal of a bid between the deadline for submission of bids and the expiration of the
period of bid validity specified in the tender or as extended, may result in the forfeiture of the
bid security. Such defaulting vendor is liable to be debarred from participating in future bids
for a period of upto 5 years.

2.7 CLARIFICATION OF BIDS

During evaluation of bids, TCIL may at its discretion ask the Bidder for clarifications/
confirmations/ deficient documents of its bid. The request for clarification and the response shall be
in writing and no change in the price of substance of the bid shall be sought or permitted.

2.8 NOTE:
At any time, in case it comes to the knowledge of TCIL any of wrong information related with
eligibility of the bidder or non-compliance to any terms and conditions of tender, then TCIL
reserves the right to cancel or reject the bid of such bidder, cancel the tender or take any other
action as deemed fit in accordance with tender terms and conditions.

END OF SECTION-2

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EOI NO: TCIL/15/1975/I/22-MM/03E Date: 05.05.2022

SECTION – 3

SPECIAL CONDITIONS OF CONTRACT

3.1 VENDOR TO BEAR COST OF EOI

The bidder shall bear all costs associated with the preparation and submission of the EOI. TCIL in any
case will not be responsible or liable for these costs regardless or the conduct of the empanelment
process.

3.2 LANGUAGE

All documents relating to this empanelment process shall be in the ENGLISH language.

3.3 VALIDITY OF EMPANELEMENT

Shortlisted bidder will be empaneled for a period of 3 years. MOU/Agreement as per attached format
shall be signed between TCIL and Selected bidder on empanelment. The same may be extended for
another one year after mutual consent.

3.4 BIDDING SYSTEM:

Single stage bidding comprising of eligibility documents only. No Price bid required.

3.5 SUBMISSION OF EOI

a) All documents shall have to be submitted online on TCIL portal.

3.6 OPENING

a) The responses will be opened at regular interval of time, by TCIL.

b) TCIL reserves the right to accept or reject any or all the tenders without assigning any reason.

3.7 EVALUATION

Evaluation will be based on the company eligibility mentioned in this EOI, and product/ technologies
offered in the business area. Bidders may be asked to demonstrate their minimum viable product
during evaluation process.

As financial eligibility criteria are waived off hence evaluation shall be based on innovative
technology, product, and services having potential to generate substantial business opportunity for
TCIL, for that the presentation by bidder is to be given during evaluation. The marking system will be
as follow for a bidder to get empanelled it has to score minimum 60 marks out of 100.

S.No Description Maximum marks


allotted
1 Technology Innovativeness and Business Prospect of 30
Product/Services

2 Potential to generate Business for TCIL, leveraging the 30


product/Technology/Services
3 Commercialization of product/services 15

Page 13 of 40
EOI NO: TCIL/15/1975/I/22-MM/03E Date: 05.05.2022

S.No Description Maximum marks


allotted
4 Financial Strength (Turnover etc.) 20

5 Patent/IPR 5

Total Marks 100

3.8 NOTIFICATION OF EMPANELMENT

a) TCIL shall notify the successful applicant in writing that its application has been accepted.

b) The applicant shall acknowledge in writing, receipt of the notification of empanelment and shall
send his acceptance within Seven (7) days of receiving the notification. Failure to abide by this, may
lead to termination of the empanelment.

3.9 CANCELLATION OF LETTER OF EMPANELMENT

a) Empanelment can also be cancelled in case any fraud is reported regarding the firm, in which case
the Empanelment security shall be forfeited.

b) Empanelment may also be terminated pre-maturely on mutual agreement with the empaneled firm.

c) If the empaneled vendor is blacklisted by any PSU/State or central government


department/ministries etc., during the currency of the empanelment period, the empanelment shall be
terminated by TCIL. The vendor is expected to immediately inform TCIL regarding its blacklisting
as per above for necessary action

d) TCIL may at any time terminate the contract by giving written notice to the supplier, without
compensation to the supplier, if the supplier becomes bankrupt or otherwise insolvent as declared by
the competent court; provided that such termination will not prejudice or affect any right of action or
remedy which has accrued or will accrue thereafter to TCIL.

3.10 NDA

The selected vendors shall be required to sign Non-Disclosure Agreement (NDA) on case-to-case basis
for the various business opportunities/tenders.

3.11 BID SECURITY AND PERFORMANCE SECURITY

The EMD/bid security/Performance Security shall be taken from the empanelled bidder on case-to-
case basis for the various business opportunities/tenders.

3.12 RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS

TCIL is not bound to accept any bid and has the right to cancel the empanelment process and reject all
bids at any time prior to issuance of letter of empanelment to the bidders without assigning any reasons
whatsoever and without thereby incurring any liability to the affected bidder on the grounds for such
action(s).

3.13 BG:

A. Selected bidder shall submit the BG of Rs 10,000 on being empanelled partner with
validity period of 3 years from date of empanelment.

Page 14 of 40
EOI NO: TCIL/15/1975/I/22-MM/03E Date: 05.05.2022

The bidder shall have to submit top up BG as per TCIL/Client/Project requirement, specific to the
project.

a) Within 10 days of the issue of the Letter of Intent (LOI)/PO, the selected bidder shall furnish a
Performance Security in the form of a Bank Guarantee for an amount as per requirement of the
project issued by a schedule Bank from its branch in Delhi in the prescribed format given in this
tender.

a) PBG to be submitted in the prescribed format from a SFMS enabled Scheduled Commercial Bank
through SFMS Platform as per details below:

Name of Beneficiary and its Name Telecommunications Consultants India Limited


Details Address TCIL Bhawan, Greater Kailash-1, New Delhi-
110048
Name of Beneficiary Bank Name ICICI Bank Limited
and its Details Address 9-A PHELPS Building, Connaught Place, New
Delhi- 110001
IFS Code ICIC0000007

b) The proceed of performance security shall be payable to TCIL in case of breach of any of the
terms and conditions of the contract/PO/tender by the vendor. Recovery/adjustment due to LD or
any other loss to TCIL shall be in addition to point f).

c) The performance security will be discharged by TCIL after completion of supplier’s obligations,
including any warranty obligations, under the contract.

d) PBG should be valid till [should be valid as per client’s tender requirement in case of pre-tender
tie-up][in case of in-house procurement, PBG shall be valid till the contractual obligations]. The
PBG shall be refunded once the PBG of TCIL is returned by the client.

e) Failure of the successful bidder to submit the Performance Security or bidders’ failure to
complete its obligations under the contract shall constitute sufficient ground for the annulment of
the award / cancellation of the award of work and forfeiture of the bid security/performance
security.

f) Additionally, TCIL reserves the right to debar such defaulting bidder from participating in future
bids for a period up to 5 years.

3.14 Note :

 TCIL reserves the right to empanel three or more partners in any products/ services as per its
business needs
 In case clauses/ sub-clauses have any difference mentioned in this EOI at different places, the
conditions mentioned in this section shall prevail.

END OF SECTION-3

Page 15 of 40
EOI NO: TCIL/15/1975/I/22-MM/03E Date: 05.05.2022

SECTION-4

SCOPE OF WORK

4.1 INDICATIVE CATEGORIES FOR EMPANELMENT:


The following list is indicative of the categories for which TCIL desires to empanel
organizations. Bidders may apply for tie-up on one or more product category.

S. No. Area Class I Class II Non Local


Local Local Supplier
Supplier Supplier
1 Startups related in the IT/Cyber Securities/
Quantum Technology/Nano-Technology/
Wireless etc.
2 Startups related in the e-Governance (ICT) &
other areas.
3 Startups related in the ICT Security Solutions i.e.
Data Centre, Cloud Computing, Security
Operation Centre (SOC), Cloud Computing,
Command & Control Centre etc.
4 Startups related in the Broadcasting/Telecom
5 Startups related in the New Technology areas
such as Artificial Intelligence (AI), Machine
Learning (ML), IOT etc.
6 Startups working in Smart Cities solutions
7 Startups working in billing system (Electric meter,
Water meter, Gas meter etc.)
8 Startups working in e-education, eLearning ,
smart class rooms, Virtual class rooms etc.
9 Startups working in E-Health Solution, Tele-
medicine solution.
10 Startups working in e-districts , e-citizen services,
Land Mapping System etc.
11 Startup working in GIS, Remote Sensing etc.
12 Start Up working in CCTV, Audio Video Solution
13 Hospital Management System, University
Management System
14 Any Other Areas

Page 16 of 40
EOI NO: TCIL/15/1975/I/22-MM/03E Date: 05.05.2022

4.2 SPECIAL TERMS & CONDITIONS:

Since the alliance partner will be an important stakeholder in the specific project, following are the
expectations from the partner:
1 The empanelled partner shall provide commercial and technical response within the timeline of
the project (including technical capability, man-hours and other details).
2 The empanelled partner shall keep TCIL updated on its product and service portfolio. (i.e. any
product/service is added/terminated/modified).
3 The empanelled partner shall provide product demonstrations to TCIL or to the client/prospect.
4 The empanelled partner shall support TCIL in implementation of the project as agreed.
5 The empanelled partners shall abide by agreed terms and conditions for the complete period of
empanelment.
6 The empanelled partner may share leads for potential business opportunities for TCIL. The
empanelled partners shall provide pre-sales support to TCIL in responding to specific
RFPs/Tenders etc.
7 Selected Partner shall respond to each request for quotation raised by TCIL within stipulated
time decided by TCIL.
8 Selected Partner may be asked to support TCIL in preparation of the tender response (Technical
& Commercial).
9 Selected Partner shall provide MAF (Manufacturers Authorization) as per required format in the
name of TCIL.
10 Selected Partner shall provide/ provide access to all available products with detail and with their
prices/MRP. However, Selected Partner shall provide best price to TCIL at the time of
tender/RFP submission.
11 Selected Partner shall be responsible for technical compliance.
12 Selected Partner shall provide detailed the network architect based on their available products or
any other requirement based on TCIL end client requirement.
13 The empaneled partner needs to sign an NDA with TCIL as per TCIL’s policy on case to case
basis.
14 Empaneled Partner may however need to submit EMD and or Performance Security OR Sign
Integrity Pact on case to case basis or as a back to back arrangement and depending on the
conditions of end customer project/RFP/Tender.
15 The period of non-exclusive Agreement will be for Three years initially from the date of signing
the MOU, which may be extended further for one more year after mutual acceptance and
agreement. However, various commercial agreements will be signed for specific projects with
attendant Terms & Conditions mutually agreeable by the strategic partners after following due
procedures of TCIL as per the business needs and requirements of the end customer.
16 Wherever required, specific purchase order will issued and/or agreement will be signed with
respective partner for specific business opportunity (RFP/Tender/Bid). Terms & Conditions like
LD, Penalty, Warranty, AMC, SLA, payment terms, etc. shall be finalized on case to case basis
depending upon TCIL/End-Client requirement.

Page 17 of 40
EOI NO: TCIL/15/1975/I/22-MM/03E Date: 05.05.2022

17 Divisibility, Purchase preference shall be as applicable on case to case basis.


18 TCIL reserves the right to accept or reject any or all application(s) without assigning any reason
whatsoever. TCIL’s decision in this regard shall be binding and final.

4.3 PREFERNECE:

The following preference will be given to selected partner who brings in the customers,
subject to their empanelment in desired category. The Preference shall be given in the form
of relaxation in %age terms to the selected partner total bid price in the project. This
relaxation is for evaluation purpose only. The mode of relaxation is as follows:

“If the total bid price of the selected partner in a project, who has brought the business
lead, is within 10% higher band of L1 price, shall be offered first to match the L1 price
on NPV basis. If this partner does not agree to match the L1 price, then who has quoted
the L1 price will be offered to execute the project”.

END OF SECTION-4

Page 18 of 40
EOI NO: TCIL/15/1975/I/22-MM/03E Date: 05.05.2022

SECTION-5

PROJECT EXPERIENCE

S. No Item Details

General Information

1 Customer
Name/Government Department

2 Name of the Contact Person and Contact details for


the Project

Brief Description of scope of Project

Size of the Project

3 Contract Value of the Project (in crore) excluding


taxes

4 Contract Value of the Project (in crore) including


taxes

Project Details

5 Name of the Project

6 Start Date & End Date

7 Current Status (work in progress in %, completed)

8 Contract Tenure

9 Type of Project

END OF SECTION-5

Page 19 of 40
EOI NO: TCIL/15/1975/I/22-MM/03E Date: 05.05.2022

SECTION - 6

BID SECURITY DECLARATION FORMAT

We, the undersigned, declare that:

We , M/s.……………………………..(herein referred as bidder) understand that, according to bid clause No.


………………, bids may be supported with a Bid Securing Declaration, therefore rather than submitting the
Earnest Money Deposit, bidder render the declaration that:-

Bidder will automatically be suspended from being eligible for bidding in any contract with TCIL (herein
referred as Purchaser) for the period upto 5 years, starting on bid submission closing date, if bidder are in
breach of any of the following obligation(s) under the bid conditions:-.

a) If a Bidder withdraws the proposal or increases the quoted prices after opening of the Proposal and
during the period of Bid validity period or its extended period, if any.

b) In case of a successful Bidder, if the Bidder fails to sign the Agreement in accordance with the
terms and conditions (including timelines for execution of the Agreement) of this tender or fails to
furnish the Performance Bank Guarantee in accordance with the terms and conditions (including
timelines for furnishing PBG) of this tender.

c) During the Bid process, if a Bidder indulges in any act as would jeopardize or unnecessarily delay
the process of bid evaluation and finalization.

d) Bidder understand that this declaration shall expire if Bidder are not the successful Bidder and on
receipt of purchaser’s notification of the award to another Bidder; or thirty days after the validity of
the Bid; whichever is earlier.

(Signature)
Authorized Signatory
Name : _________________________________
Designation: __________________________________
Office Seal: __________________________________
Place: __________________________________
Date: __________________________________

END OF SECTION-6

Page 20 of 40
EOI NO: TCIL/15/1975/I/22-MM/03E Date: 05.05.2022

SECTION-7

INTEGRITY PACT

[As per format given in TCIL Website – Link https://www.tcil.net.in/public/pdf/integrity_pact.pdf

END OF SECTION-7

Page 21 of 40
EOI NO: TCIL/15/1975/I/22-MM/03E Date: 05.05.2022

SECTION-8

AUTHORIZATION LETTER

Format for Authorization letter to be submitted by Bidder

Know all men by these presents that we (name of Company) _______________


______________, incorporated in India under the Companies Act, 1956 and having its Registered
Office at ____________________________. (India) ("Hereinafter called the Company") DOTH
hereby nominate, constitute and appoint (Name, Designation)
__________________________, S/o _________________ to be true and lawful authorized signatory
in fact and at law of the Company for and in the name and on behalf of the Company, to do, execute
and perform all or any of the following acts, deeds, matters and things namely:-

1. To represent the Company to all intents and purposes in connection with the matters
pertaining to signing & submission of (EOI No, EOI Date, EOI Description)__________ ,
_________, ____________________________________________and all affairs ancillary or
incidental thereto.

2. AND the Company hereby agrees that all acts, deeds and things lawfully done by the said
authorized signatory shall be construed as acts, deeds and things done by the Company itself
and the Company hereby undertakes to ratify and confirm all and whatever its authorized
signatory shall lawfully do or cause to be done fo
r and on behalf of the Company by virtue of the powers hereby given.

In witness whereof (Name , Designation) ____________, ______________of the Company acting


for and on behalf of the Company under the authority conferred by the Board of Directors of the
Company in its _________ meeting held on (Date) _________ has signed this Authorization Letter
at (place)_________on this (Date) _____________________.

The signatures of (Name , Designation) _______________________ given below are hereby


certified.

Signature : ________________________
_____________________________________

SIGNATURES OF (Name , Designation) _______________________

CERTIFIED

Page 22 of 40
EOI NO: TCIL/15/1975/I/22-MM/03E Date: 05.05.2022

Signature : ________________________
_____________________________________

WITNESS:-

Signature:_________________

(Name , Designation):__________________
____________________________________
____________________________________

END OF SECTION-8

Page 23 of 40
EOI NO: TCIL/15/1975/I/22-MM/03E Date: 05.05.2022

SECTION-9

CALCULATION OF LOCAL CONTENT:

Basic Rate W/0 Tax (INR) Total Cost W/0 Tax (INR)
Domestic Domestic
(Excluding Imported (Excluding Imported
Sl. Description net (Including net (Including Domestic
Qty Unit
No. of the Item Domestic All Custom Domestic All Custom +Imported
indirect Duties) indirect Duties)
Taxes) Taxes)
a b c d=a*b e=a*c f=d+e
Item 1 Nos
Description

Item 1
Description

3 Total - -

% of Local Content =(Total Cost Domestic 3(d) / Total Cost (domestic + Imported) (3 (f))) * 100

END OF SECTION-9

Page 24 of 40
EOI NO: TCIL/15/1975/I/22-MM/03E Date: 05.05.2022

SECTION-10

NO-CONVICTION CERTIFICATE

[To be submitted on the Letterhead of the Bidder]

Offer No.: ____________________________________ Date: _____________


To
[Head of Department]
Telecommunications Consultants India Limited,
TCIL Bhawan, Greater Kailash-I,
New Delhi-110 048 (INDIA)

Sub: Self Declaration of not been blacklisted for [EOI No.] dated [EOI date]
Dear Sir,

This is to notify you that our Firm /Company/ Organization <provide Name of the Firm/ Company/
Organization> intends to submit a proposal in response to [EOI No.] dated [EOI date] for [EOI Name].

In accordance with the above, we declare that:


a. We are not involved in any major litigation that may have an impact of affecting or compromising
the delivery of goods / services as required under this [EOI No] dated [EOI date].
b. We are neither banned/ debarred/ blacklisted/ put on holiday list nor action for banning / debarment /
blacklisting / holiday listing has been initiated by any Central/ State Government/ agency of Central/
State Government of India or any other country in the world/ Public Sector Undertaking/ any
Regulatory Authorities in India or any other country in the world for any kind of fraudulent activities
on any ground including but not limited to indulgence in corrupt practice, fraudulent practice,
coercive practice, undesirable practice or restrictive practice as on date of submission of the Bid.

Yours sincerely,
(Signature of the Authorized signatory of the Bidding Organisation)
Name:
Designation:
Contact details (including E-mail):
Business Address:
Date:
Seal:

END OF SECTION-10

Page 25 of 40
EOI NO: TCIL/15/1975/I/22-MM/03E Date: 05.05.2022

SECTION-11

BID SUBMISSION FORM

Offer No.: Date:

To: [Head of Department], TCIL

Dear Sir,
In response to your EOI No. ___________________________, we hereby submit our offer herewith.

1. Bidder Name : ___________________________________

2. Website Address : ___________________________________

3. Email Address :___________________________________

4. Address for Communication : ___________________________________


____________________________________
____________________________________

5. Telephone Number : ___________________________________

6. Fax/Telefax Number : ___________________________________

7. Authorised Person - Name :____________________________________


Designation :____________________________________
Mobile No. :____________________________________
Email ID : ___________________________________

8. Alternate Person Name: :____________________________________


Designation :____________________________________
Mobile No. :____________________________________
Email ID : ___________________________________

9. PAN Number : ___________________________________

10. GST Regn. No. with Address : ___________________________________


_________________________________________
_____________________________

11. Beneficiary’s complete Bank Details.


Bank Account No. : ___________________________________
IFSC / NEFT Code : ___________________________________
Name of the Bank : ___________________________________
Address of the Branch : ___________________________________

12. Particulars of EMD


Amount : Rs. ________________________________
Mode of Payment (DD/BG) : ___________________________________
DD/BG No. : ___________________________________
Date : ___________________________________
Name of the Bank : ___________________________________
Address of the Bank : ___________________________________
Validity of BG : ___________________________________

13. Particulars of Tender Fee


Amount : Rs._________________________________
Page 26 of 40
EOI NO: TCIL/15/1975/I/22-MM/03E Date: 05.05.2022

DD No. :___________________________________
Date : ___________________________________
Name of the Bank : ___________________________________
Address of the Bank : ___________________________________

14. Turnover of the Bidder in last 3 years:-

Year Year Annual Report Turnover in Rs. (Lakh)


attached at Page No.

Average Turnover

15. Are you a MSME Unit. If yes, please furnish Registration Details, Name of the DIC/State.
_______________________________________________________________________

16. If you are MSME, is it owned by SC/ST Entrepreneurs or Women Entrepreneurs? If Yes, please
specify the Name of the Owner who is SC or ST or Women Entrepreneur (as applicable).
_______________________________________________________________________

17. Following Documents are submitted to substantiate other eligibility criteria.

i) _________________________________________________________________

ii) ________________________________________________________________

iii) ________________________________________________________________

DECLARATION

1) We have read and understood the terms & conditions of the above-mentioned tender and comply to
all Terms & Conditions of the Tender.
(In case of any deviation, the Bidder must attach a separate sheet clearly mentioning the Clause No.
of the Tender and Deviation thereto)
2) We certify that the information mentioned above are true and correct to best of our knowledge.

Place: Signature of Authorised Signatory with Seal


Date: Name:
Designation:

END OF SECTION -11

Page 27 of 40
EOI NO: TCIL/15/1975/I/22-MM/03E Date: 05.05.2022

SECTION-12

MAKE IN INDIA UNDERTAKING

Bidder shall furnish following self certificate on its letter head along with their techno-commercial bid.
"We M/s____________________________ (Name of bidder) hereby certify that we meet the mandatory
minimum Local Content requirements of the Tender of equal to or more than 50% (for Class-I) / greater
than 20% and less than 50% (for Class-II) (in value terms) quoted vide our offer No
._________________dated ________________against TCIL Tender No. ----------------- dated ……….. .
Given below are the list of items (goods and services) which meets the Local Content Criteria. along with
details of the location(s) at which the local value addition is made in respective items (goods and services)"

S# Description of Items / Make Model location(s) at which the


Products / services local value addition is
made

If value of procurement is more than INR 10 Crore, above undertaking shall be supported by the following
certificate from Statutory Auditor or cost auditor of the company (in case of companies) or from a practicing
cost accountant or practicing charted accountant (in respect of suppliers other than companies giving the
percentage of local content, on the letter head of such Statutory Auditor.

"We____________________ the statutory auditor of M/s._______________________ (name of the bidder)


hereby certify that M/s._______________________(name of bidder) meet the mandatory Local Content
requirements of the Project Work under this Tender i.e. equal to or more than 50% (for Class-I) / greater
than 20% and less than 50% (for Class-II) (in value terms) quoted vide offer No.______________
dated________ against TCIL Tender No. ----------- dated ---- by M/s._________________(Name of the
bidder).

(Note: In case of bidder(s) for whom Statutory Auditor is not required as per law, required certificates shall
be provided by a practicing Chartered Accountant.)

For Details Govt. of India Order N0. P-45021/2/2017-PP (BE-II) dated 04.06.2020 may be referred.

END OF SECTION-12

Page 28 of 40
EOI NO: TCIL/15/1975/I/22-MM/03E Date: 05.05.2022

SECTION -13

FORMAT OF BANK GUARANTEE(BG)

M/s Telecommunications Consultants India Ltd.,


TCIL Bhawan, Greater Kailash-I
New Delhi – 110 048 (INDIA)

(With due stamp duty if applicable)

OUR LETTER OF GUARANTEE No.:

In consideration of TELECOMMUNICATIONS CONSULTANTS INDIA LIMITED, having its office at


TCIL Bhawan, Greater Kailash-I, New Delhi – 110 048 (INDIA) (hereinafter referred to as “TCIL” which
expression shall unless repugnant to the content or meaning thereof include all its successors, administrators
and executors) and having entered into an MoU dated ------------ with M/s -------------------------------
(hereinafter referred to as “The vendor” which expression unless repugnant to the content or meaning
thereof, shall include all the successors, administrators and executors).TCIL has agreed to empanel M/s ------
------------------------- (vendor name) for execution of its project on the terms and conditions exclusively
mentioned therein.
___________________Bank having its office at ___________________________ _______________ has at
the request of M/s________________________________________________(vendor name), agreed to give
the guarantee as hereinafter contained: -

1. We, _____________________________ (hereinafter called ‘the Bank”) do hereby undertake and


assure to the TCIL that if in the opinion of the TCIL, the M/s ------------------------------- (vendor
name) has in any way failed to observe or perform the terms and conditions of the said MoU dated
--------------- or has committed any breach of its obligations there-under, the Bank hereby
unconditionally and irrevocably undertake to pay merely, on demand and without any objection or
demur pay to the TCIL the said sum of Rs…………………………….. /-
(Rupees…………………………………..only) without requiring TCIL to have recourse to any legal
remedy that may be available to it to compel the Bank to pay the same.

2. Any such demand from TCIL shall be conclusive as regards the liability of M/s ------------------------
------- (vendor name) to pay to TCIL 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 M/s -----------------
-------------- (vendor name) 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 M/s -----------------
-------------- (vendor name) and TCIL regarding the claim.

3. Paper BG will not be operational unless same is transmitted to advisory Bank through SFMS format.
PBG to be submitted in the prescribed format from a SFMS enabled Scheduled Commercial Bank
through SFMS Platform as per details below:

Name of Beneficiary and its Name Telecommunications Consultants India Limited


Details Address TCIL Bhawan, Greater Kailash-1, New Delhi-
110048
Name of Beneficiary Bank Name ICICI Bank Limited
and its Details Address 9-A PHELPS Building, Connaught Place, New
Delhi- 110001
IFS Code ICIC0000007

4. We, the Bank further agree that the guarantee shall come into force from the date hereof and shall
remain in full force and effect for the period of 3 years excluding claim period from the date of
empanelment. But if the period of the said MoU dated __________ is extended either pursuant to the
Page 29 of 40
EOI NO: TCIL/15/1975/I/22-MM/03E Date: 05.05.2022

provisions in the said MoU or by mutual agreement between M/s ------------------------------- (vendor
name) and TCIL, the Bank shall renew the period of the Guarantee for such period which expires 6
(six) months after the renewed period of the said MoU failing which it shall pay to the TCIL the said
sum of Rs…………………………/- (Rupees………………………..only) on written demand by
TCIL demanding the payment of the above sum.

5. The Bank further agrees that the TCIL 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 MoU dated______ or to extend the time for performance of the said MoU dated______
from any of the powers exercisable by TCIL against M/s ------------------------------- (vendor name)
and to forebear to enforce any of the terms and conditions relating to the said MoU dated______
and the Bank shall not be relieved from its liability by reason of such failure or extension being
granted to M/s ------------------------------- (vendor name) or through any forbearance, act or
omission on the part of TCIL or any indulgence by TCIL to M/s ------------------------------- (vendor
name) or any other matter or thing whatsoever which under the law relating to sureties would but
for this provision have the effect of relieving or discharging the guarantor.

6. The Bank further agrees that in case this Guarantee is required for a larger period and it is not
extended by the Bank beyond the period specified above in Clause 4, the Bank shall pay to TCIL on
written demand by TCIL the payment of the said sum of Rs. ………………………./-(Rupees
………………………… ………………………………………… only) on the last day on which the
Bank Guarantee is due to expire.

We, __________________________________________ (“The Bank”) which shall include OUR


successors, administrators and executors herewith establish an irrevocable Letter of Guarantee No.
____________ in your favor for account of __________________________ (The vendor) in cover of
Bank guarantee in accordance with the terms and conditions of the MoU dated______.

Hereby, we undertake to pay upto but not exceeding ___________ (say


____________________________ only) upon receipt by us of your first written demand accompanied
by your declaration stating that the amount claimed is due by reason of the having failed to perform the
MoU dated______.and despite any contestation on the part of above named M/s ----------------------------
--- (vendor name) .

This Letter of Guarantee will expire on ___________ (3 + 1 year) including 1 year of claim period and
any claims made hereunder must be received by us on or before expiry date after which date this Letter
of Guarantee will become of no effect whatsoever whether returned to us or not.

Authorized Signature

Manager

Seal of Bank

END OF SECTION-13

Page 30 of 40
EOI NO: TCIL/15/1975/I/22-MM/03E Date: 05.05.2022

Annexure-I
APPLICATION FOR REGISTARTION

A. Applicants required to fill the form given below which would capture the category(s)
and Products in which the applicant wants to get itself empaneled with TCIL. The form
would also capture the applicant’s profile. The form is mentioned below:

Name of Bidder (STARTUP)


Status of Applicant (Partnership, Company, Corporation etc.)
Number of Years of Experience
Classification of products offered/ Wish to Register for the
product in Given Category (Name and Details each in
separate line)
Example: AI
IOT etc.

Number of office locations in India (Provide details of offices)


Organizational Structure
Number of employees in India (also provide no of technical
manpower)
Total revenue from sales in India FY 2020-2021
FY 2019-2020
FY 2018-2019
Reference List for Work Experience Client Name & Address,
Value of the project. Kindly
Submit 3 Major Projects
with copy of work order
Any Other Information

B. The applicants need to provide the details of the point of contact (as per given format) who
shall be contacted from TCIL for any matter pertaining to the empanelment or the Tendering
process in the future.
Detail of Point of contact ( 2 Officials)
NAME
Designation
Office Address
Contact No Mobile
Contact No Office
email Address Official
Escalation Matrix (Level 1 )
Escalation Matrix (Level 2 )

Name of the Authorized Signatory


SIGNATURE with SEAL

Page 31 of 40
EOI NO: TCIL/15/1975/I/22-MM/03E Date: 05.05.2022

Annexure -II

Undertaking for non insolvent, in receivership, bankrupt

[To be submitted on the Letterhead of the Bidder]

Offer No.: ____________________________________ Date: _____________


To
GGM (MM)
Telecommunications Consultants India Limited,
TCIL Bhawan, Greater Kailash-I,
New Delhi-110 048 (INDIA)

Sub: Undertaking regarding non insolvent, in receivership, bankrupt for [EOI No.] dated [EOI
date]
Dear Sir,

This is to notify you that our Firm /Company/ Organization <provide Name of the Firm/
Company/ Organization> intends to submit a proposal in response to [EOI No.] dated [EOI date]
for [EOI Name].
In accordance with the above, we declare that:

We are not be insolvent, in receivership, bankrupt or being wound up, not have had their business
activities suspended and not be the subject of legal proceedings for any of the foregoing.

Yours sincerely,
(Signature of the Authorized signatory of the Bidding Organization)
Name:
Designation:
Contact details (including E-mail):
Business Address:
Date:
Seal:

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EOI NO: TCIL/15/1975/I/22-MM/03E Date: 05.05.2022

Annexure -III

Undertaking for Not have faced any action from TCIL

[To be submitted on the Letterhead of the Bidder]

Offer No.: ____________________________________ Date: _____________


To
GGM (MM)
Telecommunications Consultants India Limited,
TCIL Bhawan, Greater Kailash-I,
New Delhi-110 048 (INDIA)

Sub: Undertaking regarding Not have forced any action from TCIL for [EOI No.] dated [EOI date]
Dear Sir,

This is to notify you that our Firm /Company/ Organization <provide Name of the Firm/ Company/
Organization> intends to submit a proposal in response to [EOI No.] dated [EOI date] for [EOI Name].
In accordance with the above, we declare that:

Bidder M/s ………..not have faced any action from TCIL during last 5 years from date of bid submission
where any PO/work order for any project of TCIL was cancelled & work get done on risk & cost basis for
non-performance or non-submission of BG

Yours sincerely,
(Signature of the Authorized signatory of the Bidding Organization)
Name:
Designation:
Contact details (including E-mail):
Business Address:
Date:
Seal:

Page 33 of 40
EOI NO: TCIL/15/1975/I/22-MM/03E Date: 05.05.2022

Annexure -IV
Undertaking for submission of Genuine Documents

[To be submitted on the Letterhead of the Bidder]

Offer No.: ____________________________________ Date: _____________


To
GGM (MM)
Telecommunications Consultants India Limited,
TCIL Bhawan, Greater Kailash-I,
New Delhi-110 048 (INDIA)

Sub: Undertaking regarding documents/certificates/information submitted are genuine for [EOI


No.] dated [EOI date]
Dear Sir,

This is to notify you that our Firm /Company/ Organization <provide Name of the Firm/
Company/ Organization> intends to submit a proposal in response to [EOI No.] dated [EOI date]
for [EOI Name].
In accordance with the above, we declare that:

All the documents/certificates/information submitted by M/s ……….. against this EOI are genuine.
In case any of the documents/certificates/information submitted by the bidder is found to be false or
forged, TCIL shall immediately reject the bid of such bidder(s) or cancel/terminate the contract and
forfeit bid security / Performance Security submitted by the bidder and debar M/s……….. from
participation in future EOIs/tenders of TCIL for five years

Yours sincerely,
(Signature of the Authorized signatory of the Bidding Organization)
Name:
Designation:
Contact details (including E-mail):
Business Address:
Date:
Seal:

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EOI NO: TCIL/15/1975/I/22-MM/03E Date: 05.05.2022

Annexure -V
Memorandum of Understanding

This Memorandum of Understanding (MoU) is made on ___ th day of ___________ at New Delhi
by and between:

M/s Telecommunications Consultants India Limited, a Company registered under the Indian
Companies Act 1956, with its registered and corporate office at TCIL Bhawan, Greater Kailash-1,
New Delhi – 110048, hereinafter referred to as “TCIL”, which expression shall include its
successors and its permitted assigns, of one part.

AND

M/s ____________________ (vendor name), registered under the Indian Companies Act
1956/2013 (whichever is applicable), with its registered office at ________________________ and
having Registration Certificate (as Startup Company) issued by DPIIT , hereinafter referred to as
“________”, which expression shall include its successors and permitted assigns, of the other part.

“TCIL” and “_________”are individually referred to as “Party” and collectively as “Parties”.

WHEREAS TCIL, a Government of India Enterprise under the Ministry of Communications and
Information Technology, is a leading company in Telecommunications and Information
Technology and has to its credit successful execution of many consultancy and turnkey projects in
the fields of Telecom, IT and Civil both in India and abroad and it also acts as procurement
consultant/agent/executing agency/implementing agency for number of Government of India
enterprises/undertaking.

WHEREAS___________

) is in the business of______________________________.

WHEREAS TCIL published EOI No. ________ dated _________ (hereinafter referred as TCIL
EOI) for empanelment and strategic tie up with Indian Startup Companies.

AND WHEREAS __________ (Vendor Name) submitted their offer and pursuant to the same was
selected by TCIL as Empanelled vendor / Strategic partner for empanelment as Startup in the
following Categories:-

1. …
2. ….
3. ….

Now, therefore, it is agreed between the Parties as under:

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EOI NO: TCIL/15/1975/I/22-MM/03E Date: 05.05.2022

1. The Parties wish to work together with the understanding that TCIL shall act as the bidder (lead
bidder) and _____ (Startup Name ) (partner for ______) for participating in TCIL
Opportunities.
*Please note that the term “Lead bidder” shall be mentioned only when TCIL shall bid in
consortium with backend partner. If not in consortium as backend partner, then TCIL will be
front end with the Client.

2. The _____ (Startup Name ) shall nominate the team, their name(s), address (es) and
telephone nos. (Residence included) for better co-ordination.

3. TCIL being project based organization, many of the requirements could be of emergency nature.
The agencies have to respond to such demands despite holidays/beyond office hours.

4. Mere empanelment does not confer automatic rights to a Startup to secure/procure jobs/works
unless a definitive agreement is entered into with the vendor.

5. TCIL will not pay any charges related to presentation at TCIL and customer premises and
training to client’s representatives for operation & maintenances.
.
6. The Prices quoted by the Startup in pursuance of this EOI, are indicative only and are subject to
variation as per Client Specifications and Requirements.

7. In case Startup brings the lead for any Project, the Preference shall be given to him in the form
of relaxation in % terms in his total bid price in the project. This relaxation is for evaluation
purpose only. The mode of relaxation is as follows:-

“If the total bid price of the selected partner in a project, who has brought the business
lead, is within 10% higher band of L1 price, shall be offered first to match the L1 price on
NPV basis. If this partner does not agree to match the L1 price, then who has quoted the
L1 price will be offered to execute the project”. The decision of TCIL for offering the L1
Price to selected Partner who has brought the lead ( i.e. Criteria for deciding the selected
bidder who has brought the lead) shall be final and binding.”

8. Special Terms and Conditions for Empanelled Startup:-


a) The empanelled partner shall provide commercial and technical response within the timeline
of the project (including technical capability, man-hours and other details).
b) The empanelled partner shall keep TCIL updated on its product and service portfolio. (i.e.
any product/service is added/terminated/modified).
c) The empanelled partner shall provide product demonstrations to TCIL or to the
client/prospect.
d) The empanelled partner shall support TCIL in implementation of the project as agreed.
e) The empanelled partners shall abide by agreed terms and conditions for the complete period
of empanelment.
f) The empanelled partner may share leads for potential business opportunities for TCIL. The
empanelled partners shall provide pre-sales support to TCIL in responding to specific
RFPs/Tenders etc.
g) Selected Partner shall respond to each request for quotation raised by TCIL within stipulated
time decided by TCIL.

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EOI NO: TCIL/15/1975/I/22-MM/03E Date: 05.05.2022

h) Selected Partner may be asked to support TCIL in preparation of the tender response
(Technical & Commercial).
i) Selected Partner shall provide MAF (Manufacturers Authorization) as per required format in
the name of TCIL.
j) Selected Partner shall provide/ provide access to all available products with detail and with
their prices/MRP. However, Selected Partner shall provide best price to TCIL at the time of
tender/RFP submission.
k) Selected Partner shall be responsible for technical compliance.
l) Selected Partner shall provide detailed network architect based on their available products or
any other requirement based on TCIL end client requirement.
m) The empaneled partner needs to sign an NDA with TCIL as per TCIL’s policy on case to
case basis.
n) Empaneled Partner shall submit EMD and or Performance Security OR Sign Integrity Pact
on case to case basis or as a back to back arrangement and depending on the conditions of
end customer project/RFP/Tender.
o) The validity period of MOU will be for Three years initially from the date of signing the
MOU, which may be extended further for one more year after mutual acceptance and
agreement.
p) Divisibility, Purchase preference shall be as applicable on case to case basis as per the
terms of EOI.
q) TCIL reserves the right to accept or reject any or all application(s) without assigning any
reason whatsoever. TCIL’s decision in this regard shall be binding and final.

9. For cases where ____ (Startup name) is giving quotes to other partners, ____ (Startup name)
would give preferential treatment (lowest rate to TCIL than other Partners) in price to TCIL
based on mutual agreement. Exclusivity shall be decided on case to case basis.

10. On award of the work of the ________ (client name) Tender/ opportunity to TCIL, TCIL will
enter into a detailed agreement with _____ (Startup name) based on the terms & conditions of
this MoU, TCIL EOI and _____________ (client name) Tender/conditions.

11. After mutual consultation, a joint team consisting of representatives of the parties will be
formed for various activities like, technical discussions, deciding the preparation of final
Bid/offer, terms & conditions and demonstration of functionality required in the _______
(Client name) Tender/Work/Project.

12. TCIL and _______ (Startup name) hereby mutually agree that both of them shall remain as
irrevocable members of this tie-up for the complete execution and completion of
Tender/Work/Project awarded to TCIL.

13. Expenses towards bid preparation would be borne by the individual Parties viz. TCIL and ____
(Startup name) for their respective work. TCIL will not reimburse any such expenses to _____
(Startup name) towards preparation and submission of the bid to client.

14. If short-listed by potential customers and on award of work, all technical, financial and
commercial terms and conditions of the RFP, except pricing, risk purchase, limitation of

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EOI NO: TCIL/15/1975/I/22-MM/03E Date: 05.05.2022

liability, advance payment & termination, will apply on back-to-back basis between TCIL and
____, for their respective part/scope of work.

15. The payment terms between TCIL and ____ will be on back-to-back basis i.e. TCIL will release
payment to ____ only if received from potential customer and on satisfactory completion of
work and submission of required documents. TCIL shall ensure that they raise the Invoices on
the potential customers within shortest possible time and put all efforts to receive payments
within shortest possible time.

16. Notwithstanding anything contained in any other agreement, document, correspondence,


arrangement between the parties in respect of _________(Client name) Tender/ Works /
Projects, the _________ (Startup name) understands, agrees and undertakes that:

i. _____ (Startup name) participated in TCIL EOI No. TCIL/15/1975/I/21-MM/26E


dated 03.12.2021 and its corrigendum and that all terms & conditions of the TCIL
EOI No. TCIL/15/1975/I/21-MM/26E dated 03.12.2021 and its corrigendum , shall
apply to ____ (Startup name).In case of any inconsistency in the terms of EOI and
this agreement, the terms of this Agreement shall prevail.

ii. Wherever required, specific purchase order will be issued and/or agreement will be
signed with respective partner for specific business opportunity (RFP/Tender/Bid).
Terms & Conditions like LD, Penalty, Warranty, AMC, SLA, payment terms, etc.
shall be finalized on case to case basis depending upon TCIL/End-Client
requirement on mutually agreed terms based on the terms of this MOU.

iii. if in the instant contract, ____ (vendor name) is acting only as trader / reseller /
distributor/authorized agents and/or is engaged in a WORKS contract, no benefits
under MSME Act 2006 and PPP Policy 2012 as per MSE Guidelines issued by
Ministry of MSME would be applicable to it on account of acceptance of back to
back payment terms as above. By agreeing to the terms of ________ (client name)
Tender, the _______ (vendor name) agrees to forgo its rights under this Act and
Policy.

iv. ____ (Startup name) hereby agrees to ensure timely GST compliances as per the
statutory requirements. All the costs pertaining to any GST non-compliance
including but not limited to any loss of eligible input tax credit due to non-
payment/non-filing of GST return and applicable interest/penalties shall be
borne/indemnified by ____ (vendor name). Further ____ (vendor name) hereby
agrees that TCIL reserves the right for reimbursement of any such cost incurred out
of the aforesaid non-compliance(s). ____ (vendor name) will provide payment of
GST proof i.e. GSTR-1, GSTR-3B, cash ledger and challan for taking GST payment
from TCIL against invoices.

v. Any deductions by the ____ (Client name) towards LD/penalties/contingencies shall


be borne by ____ (Startup name) as levied under TCIL agreement with client.

vi. At any given point of time, ________ (Startup name) may not assign or delegate its
rights, duties or obligations under this MOU without prior written consent of TCIL.

vii. On award of work of the Tender/Work/Project, ______ (Startup name) shall provide
its GeM Seller id to TCIL (not applicable for “works” contract or non-Indian
vendor).

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EOI NO: TCIL/15/1975/I/22-MM/03E Date: 05.05.2022

viii. In the event of breach of any of the terms & conditions of this MOU or in case of
any default of any terms & conditions of this MOU, on the part of the __________
(Startup name), TCIL reserves the right to take necessary steps / action as per
available documents, including but not limited to, termination of contract, forfeiture
of BG / EMD, blacklisting / banning etc. and execute the work at their risk & cost.

17. TCIL and ____ (Startup name) agree to keep confidential all information shared with each other
and disclose to third party only after taking prior written consent of each other. This clause
excludes information available in public domain. The confidentiality provisions of this MoU
shall remain in full force and effect during the term of this MoU and 12 months thereafter.

18. Any sum of money (including refundable security deposit) due and payable to the_______
(Startup name), under this contract or any other contract entered between the parties herein
whether continuing or completed may be appropriated by TCIL and set off against any claim of
TCIL of any nature whatsoever, arising under this contract or any other contract entered into
between the parties, herein whether continuing or completed.

19. Nothing in this MoU shall constitute, create or give effect or recognize a JV, partnership or
business entity of any kind.

20. This MoU shall be construed and governed by the laws of India and the parties hereby submit to
the exclusive jurisdiction of the Delhi Courts of Law.

21. Any matter, which is not stipulated in the MoU, shall be settled in good faith by discussion
among the parties in the spirit of understanding and cooperation.

22. All disputes or differences whatsoever arising among the parties under and/or in connection
with and/or in respect of this MoU shall be referred to and decided by a sole arbitrator, who
shall be nominated by the CMD, TCIL. The arbitration shall be conducted in accordance with
Arbitration and Conciliation Act of 1996, as amended from time to time and the venue of the
arbitration shall be in New Delhi.

23. During its Term, this MOU will be terminated in the event of
a. Mutual agreement between the “Parties”.
b. Non Performance.(as mentioned in Clause 18.viii).

24. Notices and other communications under this MoU shall be in writing and communicated
through post, courier, fax, email or any other recognized mode of such communication. All such
notices and communications shall be directed to the address as mentioned in the MoU.

25. By signing this MoU, the “Parties” acknowledge that it correctly records the understanding they
have reached with regard to the Project.

26. BG :

Selected Startup shall submit the BG of Rs 10,000 on being empanelled partner with validity
period of 3 years from date of empanelment.

The Selected Startup shall have to submit top up BG as per TCIL/Client/Project requirement,
specific to the project.

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EOI NO: TCIL/15/1975/I/22-MM/03E Date: 05.05.2022

On being selected, each bidder has to submit BG before empanelment as per above.

27. COMMENCEMENT & DURATION:

The MOU shall be non-exclusive except for the specific Projects/works identified for joint
participation.

28. The MOU shall be effective from the date of Confirmation of BG.

29. EOI document, technical / financial bid, any further negotiations, all correspondences with or
from _______ (vendor name) till EOI finalization shall be an integral of this MOU and it shall
be binding on parties.

30. IN WITNESS WHEREOF, each party hereto has caused this MoU to be executed in duplicate
to be effective as of the Effective Date, by its duly authorized representative.

(For TCIL________) (For Selected Partner_________)

Signature: Signature:
Name: Name:
Designation: Designation:
Date: Date:
Witness: Witness:

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