- (1.) The petitioner has challenged a tender condition imposed by the Bharat Sanchar Nigam Ltd., Aligarh in a notice inviting tenders for carrying out the work of laying Optic Fibre Cables. This work is part of the OFC laying work for the National Optical Fibre Network on behalf of Bharat Broadband Network Ltd.
(2.) In a corrigendum dated 9 March 2014, the eligibility condition has been prescribed as follows:- "2. Section-I Clause 12.2-the eligible conditions are modified as under:- Eligibility Conditions: Bidder must submit attested copies (attested by Gazetted officer/Notary/self attested) of the following documents with the tender form: (i) The bidder should have experience for successful execution of OF cable construction works/ maintenance of OF cable routes and associated works in BSNL/MTNL/DOT/PSUs (state and central Government) in India for satisfactory completion of work as given below: The agency should have cumulative experience for an amount equal to 100% of estimated cost of work in last 7(Seven) financial years plus current year. OR The agency should have cumulative experience for an amount equal to 70% of estimated cost of work in last 5(Five) financial years plus current year. OR The agency should have cumulative experience for an amount equal to 35% of estimated cost of work in last 3(Three) financial years plus current year. The experience certificate submitted should have been issued by an officer not below the rank of JAG/DGM level or equivalent officer & duly attested by the Gazetted officer/Notary/Self attested."
(3.) The corrigendum has been issued to a notice inviting tender dated 24 February 2014. As originally envisaged, the tender condition requires the bidders to have a satisfactory experience with the following terms: "(vii) (a) Bidder's having an satisfactory experience of OFC fault restoration work/Copper Cable laying and Fault restoration work in DOT/BSNL/MTNL directly or through PSU'S authorized by DOT or PSU of Govt. of India or State Govt. of value equivalent to 25% of the estimated cost of the tender he is bidding for, in the tender in any one year during last Five year i.e. 08-09, 09-10, 10-11, 11-12, 12-13. Experience certificate should be issued by officer not below the rank of AGM/DGM of BSNL/MTNL/DOT or similar certificate issued by competent authority of Central Govt./State Govt./Govt. undertaking/Semi Govt. are acceptable. (b) Bidders having experience of OFC laying, Splicing, Maintenance in any other telecom service provider equivalent to 25% of the estimated bid value of the tender in any one year during last Five year i.e. 08-09, 09-10, 10-11, 11-12, 12-13 will also be eligible. Experience certificate should be issued by executive of private telecom service provider on letter head of the service provider which can be verified easily.";