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CRFQ 1000250630 Date - 16-02-2016

MPLS-VPN LINKS of 29

IS (Procurement & Contracts) Bharat Petroleum Corporation Limited

CPO Building, 1st floor, “A “ Installation , Post Box No.6382

Sewree (E), Mumbai 400 015

Limited Tender Through E- procurementFor

Procurement of 3rd MPLS links at CDC, IDC, MR, CO and Maker Tower

CRFQ NO. 1000250630 DUE ON: 08.03.2016 AT 3:00 p.m.

Subject: Invitation of tender for implementation of Third MPLS-VPN links at BPCL locations (CRFQ no. 1000250630 due on 08.03.2016 at 3.00 p.m.)

CRFQ 1000250630 Date - 16-02-2016


1. You are invited to submit your offer in a two-part bid for the subject job as per the technical specifications and on the terms & conditions contained in this tender document. 2. Please visit the website https://bpcleproc.in for participating in the tender and submitting your bid online. 3. Bidders are required to submit their bids in two part bids consisting of the following, through this E-Tender.

a) Techno-Commercial Bid & b) Price Bids.

i) Techno-Commercial Bid: Please provide the following information/documents as part of your RFP bid.

All information required herein must be provided/uploaded. If the information provided is found to be incomplete, the bid is liable to be rejected.

(a) Technical write up on proposed solution including network diagram. (b) Detailed project architecture and execution plan (c) Support infrastructure & Escalation Matrix (d) Technical Compliance sheet Annexure-III (online) (e) Feasibility compliance sheet as per attached format Annexure II (online) (f) Deviation if any else submit NIL deviation statement (g) Letter of Statutory permission if any. (h) BPCL’s RFP duly stamped & signed by the authorized signatory in token of acceptance of all

terms & conditions mentioned in this document. (i) Duly signed by ‘Authorized signatory’ an Integrity Pact (IP) as per Annexure-IV

ii) Price bids: This should contain Prices/Taxes against the Bill of materials. 4. On opening Bids in the system on the Tender due Date and Time, First Techno-commercial bids will be opened and evaluated. 5. Commercial bids of only those bidders, who qualify the techno-commercial criterion, will be opened and evaluated further. 6. It is necessary, for all the unregistered bidders to submit an interest free EMD of Rs. 1 lakh by DD drawn on any scheduled Bank in favour of “Bharat Petroleum Corporation Limited” payable at Mumbai, in physical form in our office at the following address before due date and time failing which bids will not be considered: Mr. Milind Mangalgiri, Bharat Petroleum Corporation Limited IS Department, CPO sewree, 1st Floor, A- Installation Sewree East, Mumbai-400015 EMD of the unsuccessful bidders shall be returned after finalization of the L-1 Bidder. EMD of the successful bidder shall be returned after execution of Purchase Order i.e. commissioning of all the 5 links. 7. You should submit your Techno-commercial & price bid through online mode to the BPCL e-tendering site. However, the instrument i.e. EMD in the form of Demand Draft and the Integrity Pact duly signed and stamped by authorized personnel of your company to be submitted in physical form on or before the due date and time of this tender.

CRFQ 1000250630 Date - 16-02-2016


8. BPCL does not take any responsibility for any delay in submission of online bid due to connectivity problem or non-availability of site and/or receipt of instrument i.e. DD and Integrity Pact and NDA to be submitted in physical form due to postal delay. No claims on this account shall be entertained. 9. Incomplete tenders shall be liable for rejection without seeking any further clarification. We also reserve the right to reject any or all tenders without assigning any reasons whatsoever. 10. Pre-bid meeting would be scheduled on 23.02.2016 at 2.30 PM at the address given below. Bharat Petroleum Corporation Ltd ERP Competency Centre “A” Installation Gate, Fort Road Sewree East Mumbai – 400015. Contact Person – Mr. N.J Joseph/ 9967063610 Thanking you, Yours faithfully, For Bharat Petroleum Corporation Ltd. M. Mangalgiri, Sr. Manager IS (Procurement & Contracts)

CRFQ 1000250630 Date - 16-02-2016


General Instructions to Tenderers for E-Tendering 1. Interested parties may download the tender from BPCL website

(http://www.bharatpetroleum.in) or the CPP portal (http://eprocure.gov.in) or from the e‐tendering website (https://bpcleproc.in) and participate in the tender as per the instructions given therein, on or before the due date of the tender. The tender available on the BPCL website and the CPP portal can be downloaded for reading purpose only. For participation in the tender, please fill up the tender online on the e‐tender system. You can submit the bid only on https://bpcleproc.in. Prior to submission of bid, you need to register in the portal.

2. For registration on the e‐tender site https://bpcleproc.in, you can be guided by the “Instructions to Vendors” available under the download section of the homepage of the website. As the first step, bidder shall have to click the “Register” link and fill in the requisite information in the “Bidder Registration Form”. Kindly remember your e‐mail id (which will also act as the login ID) and the password entered therein. Once you complete this process correctly, you shall get a system generated mail. Login in to the portal using your credentials. When you log in for the first time, system will ask you to add your Digital Signature. Once you have added the Digital Signature, please inform by by mail to the vendor administrator [email protected] with a copy to [email protected] for approval. Once approved, bidders can login in to the system as and when required.

3. As a pre‐requisite for participation in the tender, vendors are required to obtain a valid Digital Certificate of Class IIB and above (having both signing and encryption certificates) as per Indian IT Act from the licensed Certifying Authorities operating under the Root Certifying Authority of India (RCIA), Controller of Certifying Authorities (CCA). The cost of obtaining the digital certificate shall be borne by the vendor.

In case any vendor so desires, he may contact our e‐procurement service provider M/s. E‐Procurement Technologies Ltd., Ahmedabad (Contact no. Tel: +91 79 4001 6816 | 6848 | 6844 | 6868 & Tel: +91 22 65354113 | 65595111) for obtaining the digital signature certificate.

4. Corrigendum/amendment, if any, shall be notified on the site https://bpcleproc.in. In case any corrigendum/amendment is issued after the submission of the bid, then such vendors who have submitted their bids, shall be intimated about the corrigendum/amendment by a system‐generated email. It shall be assumed that the information contained therein has been taken into account by the vendor. They have the choice of making changes if needed in their bid before the due date and time.

Bidders are required to complete the following process online on or before the due date/time of closing of the tender:

Techno‐commercial Bid (Part‐I)

Priced Bid (Part‐II)

CRFQ 1000250630 Date - 16-02-2016


5. Directions for submitting online offers, electronically, against e‐procurement tenders directly through internet:

Vendors are advised to log on to the website (https://bpcleproc.in) and arrange to register themselves at the earliest, if not done earlier.

The system time (IST) that will be displayed on e-Procurement web page shall be the time considered for determining the expiry of due date and time of the tender and no other time shall be taken into cognizance.

Vendors are advised in their own interest to ensure that their bids are submitted in e-Procurement system well before the closing date and time of bid. If the vendor intends to change/revise the bid already submitted, they shall have to withdraw their bid already submitted, change / revise the bid and submit once again. In case vendor is not able to complete the submission of the changed/revised bid within due date & time, the system would consider it as no bid has been received from the vendor against the tender and consequently the vendor will be out from tendering process. The process of change / revise could be done any number of times till the due date and time of submission deadline. However, no bid can be modified after the bids submission deadline.

Once the entire process of submission of online bid is complete, they will get an auto mail from the system stating you have successfully submitted your bid in the following tender with tender details.

Bids / Offers shall not be permitted in e-procurement system after the due date / time of tender. Hence, no bid can be submitted after the due date and time of submission has elapsed.

No manual bids/offers along with electronic bids/offers shall be permitted.

6. For tenders whose estimated procurement value is more than Rs. 10 lakhs, vendors can see the rates quoted by all the participating bidders once the price bids are opened. For this purpose, vendors shall have to log in to the portal under their user ID and password, click on the “dash board” link against that tender and choose the “Results” tab.

7. No responsibility will be taken by BPCL and/or the e‐procurement service provider for any delay due to connectivity and availability of website. They shall not have any liability to vendors for any interruption or delay in access to the site irrespective of the cause. It is advisable that vendors who are not well conversant with e‐tendering procedures, start filling up the tenders much before the due date /time so that there is sufficient time available with him/her to acquaint with all the steps and seek help if they so require. Even for those who are conversant with this type of e‐tendering, it is suggested to complete all the activities ahead of time. It should be noted that the individual bid becomes viewable only after the opening of the bid on/after the due date and time. Please be reassured that your bid will be viewable only to you and nobody else till the due date/ time of the tender opening. The non availability of viewing before due date and time is true for e‐tendering service provider as well as BPCL officials.

8. BPCL and/or the e‐procurement service provider shall not be responsible for any direct or indirect loss or damages and or consequential damages, arising out of the

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bidding process including but not limited to systems problems, inability to use the system, loss of electronic information etc.

In case of any clarification pertaining to e‐procurement process, the vendor may contact the following agencies / personnel:

For system related issues: M/s. E‐Procurement Technologies Ltd at contact no. Tel: +91 22 65354113 | 65595111 & Tel: +91 79 4001 6816

| 6848 | 6844 | 6868) followed with an e‐mail to id [email protected].

For tender related queries:

a. Shyam Sawant of BPCL at contact no. 022‐24176396 followed with an email to ID [email protected]

b. Milind Mangalgiri of BPCL at contact no. 022‐24176123 /24152723 followed with an email to ID [email protected]

For Technical related queries:

Mr. Maity A K BPCL at contact No. 0120-2354051 followed with an email to ID [email protected]

Integrity Pact (IP)

Proforma of Integrity Pact as per attached Annexure ‐ IV shall be uploaded by the Bidder/s along with the technical bid documents, duly signed and stamped by the authorized signatory. All the pages of the Integrity Pact shall be duly signed and witnessed. Bidder's failure to upload the IP duly signed along with the bid documents shall result in the bid not being considered for further evaluation.

If the Bidder has been disqualified from the tender process prior to the award of the contract in accordance with the provisions of the Integrity Pact, BPCL shall be entitled to demand and recover from Bidder Liquidated Damages amount by forfeiting the EMD/Bid Security as per provisions of the Integrity Pact.

If the contract has been terminated according to the provisions of the Integrity Pact, or if BPCL is entitled to terminate the contract according to the provisions of the Integrity Pact, BPCL shall be entitled to demand and recover from Contractor Liquidated Damages amount by forfeiting the Security Deposit/ Performance Bank Guarantee as per provisions of the Integrity Pact.

Bidders may raise disputes/complaints if any, with the nominated Independent External Monitor.

Names/addresses/contact numbers of Independent External Monitors appointed to oversee implementation is as follows:

Shri. Brahm Dutt A-1/8 Safdarjung Enclave, New Delhi - 110 029. [email protected] Mob. 09871920282

CRFQ 1000250630 Date - 16-02-2016


Implementation of Third MPLS-VPN links at BPCL Locations

Introduction

BPCL, a public sector company invites request for proposal for provision of a third MPLS-VPN connectivity for its o f f i c e s a t t h e f o l l o w i n g 5 l o c a t i o n s

1 . C o r p o r a t e Data Center, Sewree, Mumbai (CDC) 2 . I n t e g r a t e D a t a C e n t e r , G r e a t e r N o i d a ( I D C ) 3 . M u m b a i R e f i n e r y , M a h u l , C h e m b u r , M u m b a i ( M R ) 4 . C h a i r m a n ’ s O f f i c e , B a l l a r d E s t a t e , M u m b a i ( C O ) 5 . M a k e r T o w e r s , C u f f e P a r a d e , C o l a b a , M u m b a i ( M T )

Currently at the above locations the primary connectivity is from MTNL or through BSNL MPLS. The last mile connectivity is provided through MTNL/ BSNL. The secondary links at the above locations are through Tata Communications Limited (TCL). The last mile connectivity at CDC, CO, MR, MT is provided by TCL and at IDC greater NOIDA last mile is provided through M/s Bharati Airtel. Project objective

To procure new MPLS links for connecting CDC, IDC, CO, MR and MT from a third MPLS service provider in order to cater to enhanced usage, improve availability and network resilience and redundancy.

Technical specifications

I General

The Service Provider shall: Provide Layer 3 MPLS-VPN bandwidth for BPCL connectivity with last mile through fiber at the following locations.

1 . C o r p o r a t e Data Center, Sewree, Mumbai (CDC) 2 . I n t e g r a t e D a t a C e n t e r , G r e a t e r N o i d a ( I D C ) 3 . M u m b a i R e f i n e r y , M a h u l , C h e m b u r , M u m b a i ( M R ) 4 . C h a i r m a n ’ s O f f i c e , B a l l a r d E s t a t e , M u m b a i ( C O ) 5 . M a k e r T o w e r s , C u f f e P a r a d e , C o l a b a , M u m b a i ( M T )

Bidder for whom any of the above locations is not feasible, BPCL shall reserve the right to technically disqualify their bid.

Provide bandwidth as required by BPCL in Annexure I

Ensure that the Backbone and bandwidth including the last mile for locations CDC, CO, MR, and MT should be provided through Fiber from an MPLS VPN service provider other than BSNL, MTNL and Tata Communications Limited (TCL). The last mile connectivity for IDC, Greater Noida should be provided

CRFQ 1000250630 Date - 16-02-2016


through Fiber from an MPLS VPN service provider other than BSNL and AIRTEL.

All equipments for providing the MPLS connectivity (till the router) will have to be supplied, installed and maintained (throughout the entire period of contract) by the Service Provider and shall remain their property. BPCL will make arrangement for extending the last mile connectivity for the links from the Telecom Room of the C DC/IDC/MR/CO/MT to the network racks of BPCL. The service provider is required to deliver the links at the Telecom Room of the CDC/IDC/MR/CO/MT. No extra cross-connect charges shall be payable.

BPCL will provide only CPE (Customer's Premises Equipments) / Router for commissioning / Integration of the link. All other equipments that are require to provide a n d m a i n t a i n the link will have to be provided by the service provider ( a t t h e i r c o s t ) and same will be treated as service providers asset.

All the network devices provided in the Network and their internal components should be new and original.

Before installation of any equipment, the service provider should verify that the power connections (voltage, ground/polarity) provided by BPCL are as per standards required for equipment. BPCL will not pay any equipment damage charges in case equipment fails during installation of equipment.

In case of any delay in commissioning of the links due to reasons attributable to BPCL, party should bring such

cases to the notice of BPCL and submit necessary details to BPCL along with link commissioning report. If reason for delay is found be to be satisfactory, grace period shall be granted for calculation of LD.

Should have capability to run IPV6 on MPLS-VPN links. Upgrade to IPV6 if required will have to be done by

the Service Provider without any additional cost to BPCL.

II Link up-gradation/surrender

1 Surrendering of Links: BPCL reserves the right to surrender the links due to following reasons by giving notice period of 30 days in advance

1. Closing of operation at site 2. Shifting of location operation 3. Change in Technology 4. Major Change in Bandwidth cost.

2. Non-functioning of Links: After commissioning of links, when the link has become non- functional due to

infrastructure issues, fiber cut issues etc, the provider has to make all the necessary arrangements immediately to restore the link. In case it is not possible to restore the link within 4 weeks, the links should be provided on an alternate media in consultation with BPCL at no extra cost to BPCL.

3. Upgradation in the bandwidth requirements at any of the locations has to be made available within 7 working days from the date of issuance of purchase order by BPCL and the same should be provided after the working hours at the respective location with pre- determined downtime, in consultation with BPCL, not exceeding one hour for the existing systems and network. Also the upgradation in bandwidth on demand should be provided wherever feasible without any change in the media already provided. Where up gradation requires changes in last mile technology, delivery time shall be 6 weeks.

4. BPCL will provide formal order to vendor for bandwidth up-gradation. For any delay in upgrade of bandwidth, service provider will be liable for penalty applicable for delay in upgrade of bandwidth. BPCL team agrees to give advance intimation for upgrade of bandwidth before giving PO.

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.

III Acceptance test and performance 1. Criteria for completion and acceptance tests: Acceptance tests will be carried out after the completion of the

implementation and delivery of link at each location. BPCL will carry out acceptance tests at each location and certify completion based on the results of the tests at all locations. When all the 5 locations are ready for go live, all the 5 links will be declared commissioned from the 1st day of the next month

2. Ensure latency for all the 5 links should not exceed 75 ms,

3. When tested with an ICMP packet size of 1024 Bytes. The packet drop should not be more than 3 in 10000 (Ten thousands)

4. BPCL is looking for well-proven service providers. All the products supplied a s a p a r t o f s e r v i c e s should be associated with specific model numbers and names and with printed literature describing configuration and functionality.

a) Service Provider to support at least three class of Quality of services (QOS) on MPLS backbone. b) QOS -1 should be LLQ ( Low latency queuing) on strict priority for Voice and Video packets c) BPCL would consider following parameters for QOS:

QOS-1 QOS-2 QOS-3 Latency < 75 ms < 100 ms < 150 ms Jitter < 15 ms NA NA Packet delivery 99.9 % 99.5 % 99%

d) Service Provider should support intra QOS busting for Qos-2 and Qos-3 e) None of BPCL traffic should be classified as best efforts (fair queuing) in service provider backbone. f) Service Provider shall sign SLA to provide services as per Qos for all the locations.

IV MPLS Integration support

1. Service Provider will be required to help BPCL in integrating the MPLS to BPCL 's e x i s t i n g Network. Configuration of the router will be done by BPCL.

2. Co-ordinate with BPCL for commissioning of the links at all 5 locations.

3. To help BPCL network team to design and architect WAN IP addressing scheme of BPCL.

V Security Consideration and auditing

1. Confirm that at no point in time the traffic of BPCL will be moving out of the country for monitoring or any other

purpose. 2. The technical bid should have a document explaining the manner by which the following security

concerns would be addressed:

a. Protection of BPCL’s data when it is moving through Service provider’s Network.

b. If Internet traffic rides across the same infrastructure as shared MPLS –VPN traffic, the architecture used to carry MPLS traffic should be detailed and protected from Internet traffic.

c. Management Access details regarding how the management access to the network infrastructure is

controlled for troubleshooting as well as Operation Systems Support (OSS) system access should be given.

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3. Ensure that Networking Equipments used by the Service Provider in their backbone should comply with the

policies laid down by Government of India, Department of Telecommunications and should not have any spyware or malware built into it and capable of tracking voice and data traffic from a location outside the country.

4. BPCL shall have the right to visit Service Provider’s Network Operations Center, with prior appointment to review/ discuss issues related to services rendered to BPCL.

VI Support and Reporting

1. Provide escalation matrix for issues in provisioning of Links and maintenance of links.

2. Provide network uptime reports from NOC. Online portal access needs to be provided to BPCL to check the network utilization latency any time for any link.

3. Ensure the availability of the required hardware, software, manpower and other facilities required to

manage and monitor the agreed SLA terms. BPCL will provide SNMP access of the router on which link is terminated.

4. Monitor and manage all links for strict compliance with SLA, QoS and security requirements. BPCL will provide

IP SLA on routers wherever possible. Wherever IP SLA is not possible, latency monitoring will be done from the central (data centre) router for such locations. SNMP read only access will be provided for bandwidth monitoring. SLA monitoring will be done by service providers.

5. Service Provider shall closely monitor all 5 links using automated tools available, from its NOC and provide necessary support to BPCL. It should provide the reports as per SLA.

6. Provide 24x7 support for all links

7. Provide sys tem generated NMS reports to prove SLA compliance. The NMS reports for every month should be submitted to BPCL on or before 7th of subsequent month. The quarterly payment of the links will be processed only on receipt of NMS reports.

8. Provide access to BPCL on all open tickets logged to know the status of call at any given point of time. Call can be closed after obtaining acceptance from BPCL team.

9. Provide automated call logging from BPCL’s NMS based on .Net framework.

COMMERCIAL TERMS & CONDITIONS:

1. Tax Clause

Basic price and rate of Tax applicable on the material supplied should be separately mentioned in the Tender Form. The price finalized will remain valid over a period of contract with the option to BPCL to review the prices for downward/upward revision of price due to reduction/increase in government levies, taxes, duties etc. Please quote unit rate and taxes separately. Any revision / imposition of taxes, levies, cess etc., during the contract period shall be reimbursed on submission of documentary evidence by the vendor and acceptance of the same by BPCL.

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2. Pricing (Commercial Bid) It is mandatory to quote for all the line items (1 to 15) mentioned in commercial bid. Please quote per annum rate against bandwidth charges line items 1 to 10. Please quote lumpsum against line items 11 to 15 for one time installation charges. The quoted rates shall be valid for acceptance for the period of 120 days from the date of opening

commercial bid. Thereafter, the rate quoted by successful bidder shall be valid for the entire contract period of 4 years.

Purchase order will be placed for the links as per Annexure-I. Initial PO will be for lower bandwidth for all 5 locations and upgrades will be done as and when BPCL needs higher bandwidth.

Following cost elements to be quoted:

1. Cost of the bandwidth (Port charges+ Last mile Charges). 2. One time Installation and commissioning charges. 3. Octroi, if applicable shall be paid against original receipt only.

3. Evaluation criteria

L1 bidder will be selected on the basis on overall lowest total cost of ownership (TCO) i.e. the rate quoted by the vendor for 1st 2 years lower bandwidth rate will be applied and for last 2 years higher bandwidth rate will be applied inclusive of all applicable taxes and duties.

4. Payment Terms

BPCL will make payment (after deducting applicable penalty if any) for the commissioning, maintenance and for support services. During the contract period BPCL will not make any payment to the Service Provider other than for those items/services that are covered under the commercial quote given by the Service Provider

Quarterly payment for the previous quarter will be made in arrear based on the invoice and NMS

Reports submitted towards links commissioned/maintained at our locations during the previous quarter. Payment shall be made for quarter ending in March, June, October and December of each year.

At the time of commissioning of links, the provider has to arrange for Commissioning report (containing the full details of the links commissioned) which will be prepared /signed by the provider and validated by BPCL location in-charge and a member of BPCL network team.

The payment for commissioning of Links will be made subject to the following:

First Payment shall be made on completion of commissioning of all the five Links. In case there is delay in link commissioning at any of the 5 locations, where the delay is attributed to BPCL, same shall not be counted for purpose of payment.

The payment for recurring charges of Links will be made subject to the following:

i. The recurring charges for commissioned links shall be payable from the date of completion of commissioning

of all the 5 Links. The recurring charges are payable for the period of 4 years and the payment shall be made at the end of the each quarter on prorate basis.

ii. The installation will be deemed as incomplete if any component is not delivered or is delivered but not

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installed and/or not operational or not acceptable to BPCL after acceptance testing/examination. In such an event, the supply & installation will be termed as incomplete and it will not be accepted and warranty period will not commence. The installation will be accepted after complete commissioning and satisfactory working for a minimum period of 7 days.

Service Provider will have to ensure that all invoices and other documents are submitted at BPCL, Sewree Mumbai for payment.

Other Terms:

i. Any item not mentioned in the bill of material but necessary to complete the project will be the sole

responsibility of the Service Provider and will be deemed to have been included in the price. ii. Payment would be made through Electronic Fund Transfer (EFT). Hence, please ensure that a bank

detail submitted by you is correct or submit the latest bank details in the format available with us. iii. No payments will be released till SLA is signed.

5. Delivery Schedule

Delivery, Installation and C o m m i s s i o n i n g

The Service Provider s h o u l d c o m p l e t e d e l i v e r y , Installation and commissioning within 8 weeks after issuing Purchase order.

7. Contract period

The contract period of 4 years shall start from date on which all the 5 links are commissioned and accepted by BPCL.

8. Order Placement

a) Contract will be entered for a period of 4 years for all the items including upgradable.

b) Initial PO will be issued for one time installation and commissioning charges and lower bandwidth recurring charges for all 5 locations links for 1st year as mentioned in Annexure-1.

c) Upgradation of bandwidth PO will be issued based on requirement and as per the contract entered.

d) PO for renewal of links for 2nd year onwards will be issued annually. 8. Order Cancellation

BPCL reserves its right to cancel the order in the event of one or more of the following conditions that are not occasioned due to reasons solely and directly attributable to BPCL alone:

a. In case the Service Level Agreement (SLA) is not executed within three months.

b. In the case of any violation of the terms of the RFP, Contract, Secrecy or persistent default in

complying with the terms of Service Level Agreement

c. At any stage, any representation or particulars furnished by Service Provider are found to be incorrect or false

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d. In case the Service Provider changes its constitution or amalgamate or merge with any other

entity and fails to intimate to BPCL within 45 days of such a change.

e. I n th e c ase any major s harehold er or stakeholder are found to have bee n e ngaged in activities which are criminal in nature in their own country or any proceedings for declaring them as insolvent for winding up are pending or initiated.

f. Where Service Provider is unable to provide connectivity at all the 5 locations within 8 weeks, BPCL

shall have the right to cancel the entire order and recover installation cost if any paid.

BPCL’s decision in the matter will be final and binding on the Service Provider.

Upon cancellation of contract/completion of period of service, the Service Provider should handover the peaceful legal possession a n d r e m o v e a l l the assets provided as per the scope of the contract along with the licenses therewith and obtain discharge from B P C L .BPCL also reserves the right to assign or allot or award the contract to any third party upon cancellation.

10. Penalties

Penalty for delay in delivery (Commissioning and Upgradat ion of links)

a. Delay in execution of each link shall attract LD @ 0.5% per day or part thereof, maximum up to 5 % of the Total Purchase order value of one time installation shall be deducted from the Service Provider’s bills.

Penalty for Downtime

Availability is calculated as accessibility to the BPCL’s router at each location. Problem in the hardware (other than Service Provider’s supplied equipments) at BPCL’s locations would be excluded while calculating availability (downtime due to hardware supplied by the Service Provider including spare parts as a part of contract and downtime due to backhaul link commissioned by the Service Provider would not be excluded). The availability shall be based on report submitted by service provider and as verified by BPCL. Decision of BPCL shall be final.

Maximum acceptable down time in a quarter shall be 11 hours ( up time of 99.5%). In addition each incident of down time shall not exceed 4 hours. Where the down time exceeds either of the above limits a penalty of Rs 5,000 per hour shall be payable.

The maximum penalty shall be restricted to a maximum of 5 % of total annual recurring charges of the relevant year. The penalty amount shall be adjusted against the bill of relevant quarter.

Service charges above include both port and access charges.

Note for Penalties:

. a. If at any time during performance of the Contract, the Service Provider or its authorized agent should

encounter conditions impeding timely completion of implementation schedule / delivery of the Services, the Service Provider shall promptly notify B P C L in writing of the fact of the delay, its likely duration and its cause(s). As soon as practicable after receipt of the Service Provider notice, B P C L shall evaluate the situation and may at its discretion extend the Service Provider’s time for performance.

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P e n a l t i e s : Downtime penalties, if any, shall be calculated for every month and recovered from payments to be made at the end of that quarter. The invoice should be generated after adjusting the credit for penalties for the relevant period.

BPCL reserves its right to recover these amounts by adjusting from any payments to be made by BPCL to the Service Provider. However BPCL reserves the right to cancel the order over and above charging penalty.

OTHER TERMS AND CONDITIONS

i. BPCL will give advance intimation of one week to vendor (i.e. before giving Purchase Order) for link upgradation / QoS changes.

ii. BPCL acceptance test will include multicasting test also. BPCL would like to test video / web webcasting over

WAN. BPCL team will prepare test scenario for multicasting with L1 technical team.

iii. Vendor to provide separate deviation sheet as Annexure- A. Deviation sheet must include all deviations. The

deviation not mentioned in deviation sheet will not be considered.

iv. Vendor should provide Bills at end of quarter as per Annexure B with supporting documents

v. During the period where link is down/ not available, no bandwidth charges shall be payable in addition to the

penalty amount payable by service provider.

1. Acceptance Test

At the discretion of BPCL, acceptance tests will be conducted by the Service Provider at the site in the presence of the officials of BPCL and/or its nominated consultants within three days after the installation of the equipments. The tests will check for trouble-free operation for seven consecutive days apart from physical verification and testing. There shall not be any additional charges payable by BPCL for carrying out this acceptance test. BPCL will take over the system on successful completion of the above acceptance test. In case the acceptance test is not completed within 10 days due to factors attributable to B P C L , Service will start from the 1st day of the next month.

The acceptance tests shall be carried out as per para-III of technical specification.

In the event of failure of the acceptance test, a period not exceeding two weeks will be given to rectify the defects and clear the acceptance tests, failing which BPCL reserves the right to treat as site not commissioned.

2. Inter-working of Hardware and Software The Service Provider must integrate all the hardware components supplied by him to make the system integrated and fully functional with BPCL’s CPE. It will be Service Provider’s responsibility to locate the exact nature of the problem/fault(s) and rectify the same. Under no circumstances will a problem/fault be blamed on other entities without sufficient cause and justification.

CRFQ 1000250630 Date - 16-02-2016


3. Technical Documentation The technical documentation involving i m p l e m e n t a t i o n o f t h e p r o j e c t i n c l u d i n g d e t a i l e d instructions for operation and maintenance of MPLS network should be submitted on completion of the project. The language of the documentation should be English.

4. Publicity:

Any publicity by the Service Provider in which the name of BPCL is to be used should be done only with the explicit written permission of BPCL.

5. Contract / Service Level Agreement (SLA): At the completion of selection process, BPCL will enter into an agreement with the selected Service Provider for the agreed set of services and for period prescribed in tender document

In case the SLA is not executed within three months, BPCL will be at liberty to postpone payments t i l l the signing of SLA.

6. Non-transferable offer: This offer document is not transferable. Only the party, to whom we have sent this document this document, is entitled to quote.

7. Submission of Technical Details: It is mandatory to provide the technical details in the exact format of Technical Details column given in the technical specifications. BPCL may not evaluate the offer in case of non-adherence to the format or partial submission of technical details as per the format given in the offer. BPCL shall not allow/permit changes in the technical specifications once commercial bid is opened. The relevant product information brand and model number offered, printed product brochure, technical specification sheets etc. should be submitted along with the offer. Failure to submit this information along with the offer could result in disqualification.

8. Modification and Withdrawal of Offers:

The Service Provider may modify its offer and submit the revised offer if required till due date and time. No offer can be modified by the Service Provider, subsequent to the closing date and time for submission of offers.

9. Preliminary Scrutiny: BPCL will scrutinize the offers to determine whether they are complete, whether any errors have been made in the offer, whether required technical documentation has been furnished, whether the documents have been properly signed, and whether items are quoted as per the schedule In unprice bid.

BPCL may, at its discretion, waive any minor non-conformity or any minor irregularity in an offer. This shall be binding on all Service Providers and BPCL reserves the right for such waivers.

10. Clarification of Offers: To assist in the scrutiny, evaluation and comparison of offers, BPCL may, at its discretion, ask some or all Service Providers for clarification of their offer. The request for such clarifications and the response will necessarily be in writing and no change in the price or substance of the bid shall be sought, offered or permitted.

11. No Commitment to Accept Lowest or Any Offer: BPCL shall be under no obligation to accept the lowest or any other offer received in response to this offer notice and shall be entitled to reject any or all offers including those received late or incomplete offers without assigning any reason whatsoever. BPCL reserves the right to make any changes in the terms and conditions of purchase that will be informed to all Service Providers. BPCL

CRFQ 1000250630 Date - 16-02-2016


will not be obliged to meet and have discussions with any Service Provider, and/or to listen to any representations.

12. Limitation of liability: Limitation of liability will be restricted to total contract Value.

13. Integrity Pact (IP): a. Performa of Integrity Pact as per (Annexure-IV) shall be uploaded by the service provider/s along with

technical bid documents, duly signed by the authorized signatory. All the pages of the Integrity Pact shall be duly signed and witnessed. Service providers failure to upload the IP duly signed along with bid documents shall result in the bid not being considered for further evaluation.

b. If the Service Provider has been disqualified from the tender process prior to the award of the contract in accordance with the provisions of the Integrity Pact, BPCL shall be entitled to demand and recover from Service Provider Liquidated Damages amount by forfeiting the EMD/Bid Security as per provisions of the Integrity Pact.

c. If the contract has been terminated according the provisions of the Integrity Pact ,or if BPCL is entitled to terminate the contract according to the provisions of the Integrity Pact, BPCL shall be entitled to demand and recover from Contractor Liquidated Damages amount by forfeiting the Security Deposit/ Performance Bank Guarantee as per provisions of the Integrity Pact.

d. Service Providers may raise disputes/complaints if any, with the nominated Independent External Monitor.

14. The Service Provider is required to execute the order on a turn-key basis and BPCL shall not be responsible for any omission/deletion of any component and no additional cost shall be paid to service provider by BPCL towards the same. Such component/accessories shall be provided by Service provider at his cost.

15. Please provide complete bill of materials with part numbers which will be required to identify proper delivery.

16. Risk Purchase: If the Service Provider fails to supply the required quantity or if the quality of items supplied is found to be unsatisfactory, BPCL will have the right to procure from elsewhere and extra cost incurred would be recovered from the Service Provider.

17. We reserve the right to reject the tender without assigning any reason whatsoever.

18. If the equipment is shifted to any other location in India by BPCL during the contract period, the successful Service Provider has to provide support at these locations.

19. Service Provider has to follow BPCL’s Work Permit procedures, safety rules and regulations during execution of the contract applicable to each location.

20. NDA Clause : The successful Service Provider has to sign the 'Non Disclosure Agreement(NDA)' on Rs. 100/- stamp paper (Non Judicial) from their competent authority as a compliance for the 'Non Disclosure Agreement' in line with BPCL's IS Security Policy(Soft copy of NDA will be provided to you once the tender is finalized ). If NDA has already been submitted, please ignore this clause.

CRFQ 1000250630 Date - 16-02-2016


21. IP (Intellectual Property):

i. BPCL retains all rights to its pre-existing intellectual property and any intellectual property it

creates in connection with the agreement and; ii. The Service Provider assigns to BPCL all rights in any work product developed pursuant to the

agreement acknowledges that all material created by the Service provider pursuant to the agreement shall be deemed to be owned by the BPCL. If the Service Provider will not agree to an assignment, then the Service Provider should, at a minimum, grant BPCL a perpetual, irrevocable, worldwide, royalty-free license to use the work product developed pursuant to the agreement

22. Force Measure Clause:

The parties to this agreement cannot be responsible for any failure of performance or delay in performance of their obligations there under if such failure or delay shall be the result of any Government Directive relevant to this agreement or due to war, hostilities, act of public enemy, riots or civil commotion’s strike, lock out, fire, floods, epidemics or act of God, arrests and restraints of rulers and people political or administrative acts of recognized or defacto Government Import or Export restriction, compliance with any Government or local authority or any other cause or cause beyond the control of the parties hereto.

23. Arbitration Clause:

In case of any dispute or differences arising under and out of, or in connection with the contract, shall be referred to the sole arbitration by an arbitrator appointed under the provision of Indian arbitration Act and conciliation Act 1996 and subject to jurisdiction of courts in Mumbai only.

In case of any dispute in the interpretation of the terms and conditions of the tender, the decision of the Corporation shall be final and binding

ALL ABOVE TERMS & CONDITIONS ARE ACCEPTABLE TO US. SIGNATURE & NAME OF THE PERSON COMPANY SEAL

CRFQ 1000250630 Date - 16-02-2016


ANNEXURE-III

Technical Bid Format

Please provide the following information as part of your RFP bid. All information required herein must be provided. Detailed write up for each point has to be enclosed. A statement “Complied” is not enough. If the information provided is found to be incomplete, the bid is liable to be rejected.

TECHNICAL COMPLIANCE SHEET

Sr. No.

Technical Specification for MPLS VPN

Complied ( Yes / No)

Please specify the deviations if

any

1 The Service provider MPLS VPN network should be fully isolated from Internet traffic even if running on the same core/backbone. It is desired that same PE Router does not run both customer MPLS VPN traffic and Internet traffic. The MPLS-VPN network offered to BPCL should not carry any internet routes. Service provider has to provide network topology showing how internet is provided on MPLS cloud.

2 A separate VPN is to be created only for BPCL network and in no way the VPN should be shared with other customers sharing the MPLS backbone. BPCL MPLS Network must be accessible to BPCL networks only.

3 The MPLS network should be capable of running Voice, Video and Data.

4 The Service provider should have capability to run IPV6 on MPLS VPN links. Upgrade to IPV6 if required will have to be without any extra cost to BPCL.

5 The LAN IP addresses currently in use in BPCL /offices where MPLS connectivity is proposed shall continue to be retained by BPCL. The service provider to ensure that they configure MPLS VPN link in such a way that there is no change in the IP scheme being currently used by BPCL.

6 Ensure guaranteed latency should not exceed 75 ms, When tested with a ICMP packet size of 1024 Bytes, the packet drop should not be more than 3 in 10000.

7 Various MPLS-VPN configurations made for BPCL's VPN by the service provider should be shared with BPCL. The service provider should also allow audit of the same by BPCL's Auditors or through external independent auditors appointed by BPCL. Any high and medium risk Vulnerabilities pointed out in Audit should be immediately rectified by the service provider.

CRFQ 1000250630 Date - 16-02-2016


8 The service provider should ensure that the MPLS link is configured properly as per BPCL’s requirement in co- ordination with BPCL’s Network team / BPCL appointed “facility management service provider” while configuring CE equipments of BPCL.

9 The service provider should ensure that major security features against attacks as mentioned below are implemented in their network:

Protection against all kinds of attacks including DDOS attacks, SYN attacks, smurf attacks etc.

Protection against all kinds of spoofing like VPN spoofing/IP spoofing etc

10 BPCL has plans to implement IPSEC VPN in its existing network and there should not be any dependency from service provider on this implementation while integrating their MPLS network. Further, there should not be any dependency on the service provider if BPCL decides to implement other VPN variants like GETVPN, DMVPN or any such technology.

11 The service provider should run industry standard QoS and Traffic Engineering services in the MPLS backbone and the service provider should configure QoS as per BPCL’s requirement in their network.

12 Proper Change management procedure must be maintained for all the configuration changes done for/affecting the BPCL’s MPLS VPN. The same should be made available to BPCL immediately/ on demand. All configuration changes should be traceable. All such changes should be carried out with prior permission from BPCL.

13 There should not be any dependency on running open standard routing protocols like BGP, OSPF, Static Routes etc. between BPCL’s sites and PE Routers of the Service provider.

14 The service provider must provide the MPLS links to BPCL that must be on any to any route topology i.e.,All of BPCL’s sites should be reachable to each other through MPLS network of the service provider and without having to touch BPCL’s Core at DC/DR Site.

15 The MPLS Network should support multicast in all variants like dense mode, sparse mode etc.

16 If at some location service provider provides last mile through other service providers (other than BSNL/MTNL/TCL/AIRTEL), the total responsibility of Laisoning, commissioning, maintaining the link including all the commercials involved should be taken care by the service provider.

17 BPCL will not be responsible for installation of any telecommunication infrastructure equipment like RF Antenna, Mast, MUX, Modem etc. at the last mile and if required the same should be provided/installed by the service provider. Cost involved for the same should be borne by the service provider. BPCL at the most will provide space and UPS power to Modems/equipments that may be required to implement the connectivity at the last mile

l

18 The bandwidth should be upgradable on request from BPCL on selective basis

19 Service provider should upgrade the links with minor disturbances, depending on BPCL’s Requirement

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20 The MPLS VPN links should be available in full duplex mode which must be demonstrated to BPCL whenever BPCL wants.

21 The service provider should have independent Network Operation Centre with 24x7 support to take care of the complete MPLS VPN network management requirements. The service provider should furnish details of Toll Free number reachable from BSNL/MTNL Landline phones for logging complaints.

22 Service provider has to provide portal to BPCL which can be used to monitor the SLA parameters and log the Trouble tickets through the same. BPCL should also be able to obtain standard reports on the MPLS links like Bandwidth usage, availability of links etc. through the portal or through any network monitoring tool provided by service provider for all the links provided.

23 The service provider network should be backed by availability of service centers / service personnel across India to attend and resolve faults in the locations within 4 hours. Penalty will start after the period of 4 hours of logging the call.

22 Service provider has to provide portal to BPCL which can be used to monitor the SLA parameters and log the Trouble tickets through the same. BPCL should also be able to obtain standard reports on the MPLS links like Bandwidth usage, availability of links etc. through the portal or through any network monitoring tool provided by service provider for all the links provided.

23 The service provider network should be backed by availability of service centers / service personnel across India to attend and resolve faults in the locations within 4 hours. Penalty will start after the period of 4 hours of logging the call.

a. BER test as per ITU standards. b. Normal PING test. The end to end latency between BPCL’s Router at both end should be less than the limit specified in the RFP when PING with a load of 1 Kb data. The packet drop should not be more than 3 in 10000.

26 Bidder should terminate link up to BPCL router i.e link to be terminated on Ethernet port of router.

27 All external cabling should be routed through flexi pipe of appropriate size within BPCL premises.

28 Before first time installation of any equipment, party should verify power connections provided by BPCL are as per standard required for equipment. BPCL will not pay any equipment damages charges in case equipment fails during installation of equipment.

29 In case of any delay in commissioning of link due BPCL reasons, party should bring such cases notice to BPCL and submit necessary details to BPCL along with link commissioning report.

30 BPCL will ask party to upgrade MPLS link bandwidth on need basis. After up gradation of MPLS link the new rate for bandwidth charges will same rate which is quoted in commercials for same bandwidth.

31 Vendor should provide dual last mile connectivity from two different POP’s or on Ring architecture (with MUX located within BPCL premises) at CDC , IDC and Mumbai Refinery

CRFQ 1000250630 Date - 16-02-2016


ANNEXURE-I MPLS-VPN Bandwidth requirement list

Sr. No.

List of locations Location Name/Address

Bandwidth

Last mile connectivity

1

Corporate Data Center ( CDC) Bharat Petroleum Corporation Limited “A” Installation Gate, For Road Sewree (East) Mumbai - 400015

256 Mbps Upgradable to 512 Mbps

On fiber other than MTNL/ BSNL and TCL

2

Integrated Data Center, Grater Noida (IDC) Bharat Petroleum Corporation Limited Plot No.2A,, Udyog Kendra, P.O. Surajpur, GREATER NOIDA - 201308

128 Mbps upgradable to 256 Mbps

On fiber other than MTNL/ BSNL and Airtel

3 Mumbai Mahul Refinery, Bharat Petroleum Corporation Limited Mahul, Chembur, Mumbai - 400074

128 Mbps upgradable to 256 mbps

On fiber other than MTNL/ BSNL and TCL

4

Chairman’s Office, Ballard Estate, Mumbai (CO) Bharat Petroleum Corporation Limited IS Dept, Bharat Bhavan – II, 4 & 6 Currimbhoy Rd, Ballard Estate, Mumbai - 400001

32 Mbps upgradable to 64 Mbps On fiber other than MTNL/ BSNL and TCL

5

Maker Towers, (Western Regional Office) Bharat Petroleum Corporation Limited E & F Wing, 12th Floor, Maker Tower Cuffe Parade, Colaba, Mumbai - 400005

8 Mbps Upgradable to 16 Mbps On fiber other than MTNL/ BSNL and TCL

All the above bandwidth should be with Qos-1 - 10 % , Qos-2 - 20 % Qos-3 - 70 %

CRFQ 1000250630 Date - 16-02-2016


ANNEXURE-II

MPLS-VPN Feasibility Compliance sheet

S.N. Locations Name Bandwidth

Feasible

Y or N

Bandwidth Upgradable

up to

Feasible

Y or N

Last mile

Own/3rd party

Last mile on fiber ( Y/N)

1 Corporate Data Center, Sewree, Mumbai (CDC)

256 Mbps 512 Mbps

2 Integrated Data Center, Grater Noida (IDC)

128 Mbps 256 Mbps

3 Mumbai Refinery, Mahul, Chembur, Mumbai (MR)

128 Mbps 256 Mbps

4 Chairman’s Office, Ballard Estate, Mumbai (CO)

32 Mbps 64 Mbps

5 Maker Towers,Cuffe Parade, Colaba, Mumbai (MT)

8 Mbps 16 Mbps

CRFQ 1000250630 Date - 16-02-2016


ANNEXURE-IV

(To be executed on plain paper and applicable for all tenders of value above Rs. 1 crore)

INTEGRITY PACT

Between

Bharat Petroleum Corporation Limited (BPCL) hereinafter referred to as "The Principal",

And

………………………..hereinafter referred to as "The Bidder/Contractor/Supplier"

Preamble

The Principal intends to award, under laid down organization procedures, contract/s for ………………..The Principal values full compliance with all relevant laws and regulations, and the principles of economic use of resources, and of fairness and transparency in its relations with its Bidder/s, Contractor/s and Supplier/s.

In order to achieve these goals, the Principal cooperates with the renowned international Non-Governmental Organisation "Transparency International" (TI). Following TI's national and international experience, the Principal will appoint an Independent External Monitor who will monitor the tender process and the execution of the contract for compliance with the principles mentioned above.

Section 1 -Commitments of the Principal

1. The Principal commits itself to take all measures necessary to prevent corruption and to

observe the following principles:

a) No employee of the Principal, personally or through family members, will in connection with the tender, or the execution of the contract, demand, take a promise for or accept, for himself/herself or third person, any material or immaterial benefit which he/she is not legally

CRFQ 1000250630 Date - 16-02-2016


entitled to.

b) The Principal will, during the tender process, treat all Bidders with equity and reason. The Principal will, in particular, before and during the tender process, provide to all Bidders the same information and will not provide to any Bidder confidential / additional information through which the Bidder could obtain an advantage in relation to the tender process or the contract execution.

2. 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.

Section 2 -Commitments of the Bidder / Contractor/Supplier

1. The Bidder / Contractor/Supplier commits itself to take all measures necessary to prevent

corruption. He commits himself to observe the following principles during his participation in the tender process and during the contract execution.

a) The Bidder / Contractor/Supplier 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 to obtain in exchange, any advantage of any kind whatsoever during the tender process or during the execution of the contract.

b) The Bidder / Contractor/Supplier will not enter with other Bidders 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 cartelisation in the bidding process.

c) The Bidder / Contractor/Supplier will not commit any offence under the relevant Anti-Corruption Laws of India; further the Bidder / Contractor/Supplier 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.

d) The Bidder / Contractor/Supplier will, when presenting his bid, disclose any and all payments he has made, is committed to, or intends to make to agents, brokers or any other intermediaries in connection with the award of the contract.

2. The Bidder / Contractor/Supplier will not instigate third persons to commit offences outlined

above or be an accessory to such offences.

CRFQ 1000250630 Date - 16-02-2016


Section 3 - Disqualification from tender process and exclusion from Future contracts

If the Bidder, before contract award, has committed a transgression through a violation of Section 2 or in any other form such as to put his reliability or credibility as Bidder into question, the Principal is entitled to disqualify the Bidder from the tender process or to terminate the contract, if already signed, for such reason. 1. If the Bidder/Contractor/Supplier has committed a transgression through a violation of Section 2

such as to put his reliability or credibility into question, the Principal is also entitled to exclude the Bidder / Contractor/Supplier from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of the transgression. The severity will be determined by the circumstances of the case, in particular the number of transgressions, the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage. The exclusion will be imposed for a minimum of 6 months and maximum of 3 years.

2. A transgression is considered to have occurred if the Principal after due consideration of the available evidences, concludes that no reasonable doubt is possible.

3. The Bidder accepts and undertakes to respect and uphold the Principal's absolute right to resort to and impose such exclusion and further accepts and undertakes not to challenge or question such exclusion on any ground, including the lack of any hearing before the decision to resort to such exclusion is taken. This undertaking is given freely and after obtaining independent legal advice.

4. If the Bidder / Contractor/Supplier can prove that he has restored / recouped the damage caused by him and has installed a suitable corruption prevention system, the Principal may revoke the exclusion prematurely.

Section 4 -Compensation for Damages

1. If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3, the Principal is entitled to demand and recover from the Bidder liquidated damages equivalent to Earnest Money Deposit/Bid Security.

2. 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/Supplier liquidated damages equivalent to Security Deposit / Performance Bank Guarantee.

3. The Bidder agrees and undertakes to pay the said amounts without protest or demur subject only to condition that if the Bidder / Contractor/Supplier can prove and establish that the exclusion of the Bidder from the tender process or the termination of the contract after the contract award has caused no damage or less damage than the amount of the liquidated damages, the Bidder / Contractor/Supplier shall compensate the Principal only to the extent of the damage in the amount proved.

CRFQ 1000250630 Date - 16-02-2016


Section 5 -Previous Transgression

1. The Bidder declares that no previous transgression occurred in the last 3 years with any other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process.

2. If the Bidder makes incorrect statement on this subject, he can be disqualified from the tender process or the contract, if already awarded, can be terminated for such reason.

Section 6 -Equal treatment of all Bidders / Contractors /Suppliers/

Subcontractors 1. The Bidder/Contractor/Supplier undertakes to demand from all subcontractors a commitment in

conformity with this Integrity Pact, and to submit it to the Principal before contract signing.

2. The Principal will enter into agreements with identical conditions as this one with all Bidders, Contractors/Suppliers and Subcontractors.

3. The Principal will disqualify from the tender process all Bidders who do not sign this Pact or violate its provisions.

Section 7 – Punitive Action against violating Bidders / Contractors / Suppliers/Subcontractors

If the Principal obtains knowledge of conduct of a Bidder, Contractor, Supplier or Subcontractor, or of an employee or a representative or an associate of a Bidder, Contractor, Supplier or Subcontractor which constitutes corruption, or if the Principal has substantive suspicion in this regard, the Principal will inform the Vigilance Office.

Section 8 - Independent External Monitors

1. The Principal has appointed competent and credible Independent External Monitors 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 functions neutrally and independently. He reports to the Chairperson of the Board of the Principal.

3. The Bidder/Contractor/Supplier accepts that the Monitor has the right to access without restriction to all Project documentation of the Principal including that provided by the Bidder/Contractor/Supplier. The Bidder/Contractor/Supplier will also grant the Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to this project documentation. The same is applicable to Subcontractors. The Monitor is under contractual obligation to treat the information and documents of the Bidder/Contractor/Supplier/ Subcontractor with confidentially.

4. 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 Bidder/Contractor/Supplier. The parties offer to the Monitor the option to participate in such meetings.

5. 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 heal the violation, or to take other relevant action. The Monitor can in this regard submit non-binding

CRFQ 1000250630 Date - 16-02-2016


recommendation. 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. However, the Independent External Monitor shall give an opportunity to the Bidder/Contractor/Supplier to present its case before making its recommendations to the Principal.

6. The Monitor will submit a written report to the Chairperson of the Board of the Principal within 8 to 10 weeks from the date of reference or intimation to him by the 'Principal' and, should the occasion arise, submit proposals for correcting problematic situations.

7. If the Monitor has reported to the Chairperson of the Board a substantiated suspicion of an offence under relevant Anti-Corruption Laws of India, and the Chairperson has not, within reasonable time, taken visible action to proceed against such offence or reported it to the Vigilance Office, the Monitor may also transmit this information directly to the Central Vigilance Commissioner, Government of India.

8. The word 'Monitor' would include both singular and plural.

Section 9 - Pact Duration This Pact begins when both parties have legally signed it. It expires for the Contractor/Supplier 12 months after the last payment under the respective contract, and for all other Bidders 6 months after the contract has been awarded.

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 Chairperson of the Principal.

Section 10 -Other provisions

1. This agreement is subject to Indian Law. Place of performance and jurisdiction is the Registered Office of the Principal, i.e. Mumbai. The Arbitration clause provided in the main 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 Bidder/Contractor/Supplier 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 intentions.

……………………… …………………………… For the Principal For the Bidder/Contractor/

Supplier Place ……………… Witness 1 : ………………

(Signature/Name/Address) Date………………. Witness 2 : ……………… (Signature/Name/Address)

CRFQ 1000250630 Date - 16-02-2016


Annexure – A Deviation Sheet RFQ page no

BPCL term Deviation

1. * Deviation sheet must include all deviations although vendor has mentioned the same in

supporting documents / information . The deviation not mentioned in deviation sheet will not be considered.

Annexure – B

CRFQ 1000250630 Date - 16-02-2016


Bill Format Bill for link commissioning PO NO.

PO Line Item No / Name of location

Bandwidth Link acceptance

date

One time installation

charges in Rs (OC)

LD charges in Rs

(LD)

Charges payable in

Rs (OC-LD)

* Vendor should provide BPCL officer signed installation report with bill.

Bill for Recurring charges (Quarterly) PO No - PO Line Item / Name of Location

Bandwidth Recurring charges for

Quarter (RC) in RS

Downtime charges ( DC)

in Rs

Charges payable in Rs

(RC - DC)

**Vendor should provide downtime details for quarter along with bill. The report should be system generated call logs. The modification in bill format can be made if required, on mutually agreed basis.

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