e-tender for providing infrastructure …tender.bsnl.co.in/bsnltenders/bsnltender/download.jsp?...1...

1

E-TENDER FOR PROVIDING Remote Infrastructure Management Services

TO BSNL CUSTOMERS For Management of Customer END

Equipments, their network on WAN for Data Services offered

by BSNL

TE NO. CGM STR/MM/CNI/E-TEND ER / RIM/ 2016–17 /03 DATED AT

CHENNAI -32, THE 26-09-2016.

VALIDITY OF THE OFFER-180 DAYS.

BHARAT SANCHAR NIGAM LIMITED(A GOVT OF INDIA ENTERPRISE)

Office of the Chief General Manager

Southern Telecom Region11, Link Road, Ganapathy colony,

Guindy, Chennai-32.Website http://str.bsnl.co.in

2

CONTENT

SECTION TITLE PAGES

Inroduction

I Notice Inviting Tender 4-5

II Instructions to Bidders 6-22

III General (Commercial) Conditions of the Contract 23-33

IV Special Conditions of the Contract 34-35

V Scope of WORK and Technical Specifications of

services to be offered

36-41

VI

Annexure A Different SLA offerings by BSNL 42-43

Annexure B Technical Specification 44

Annexure C PBG proforma 45-46

Annexure D Agreement proforma 47-48

Annexure E Bid Form 49

Annexure F Price Schedule 50

Annexure G Bid Security Form 51

Annexure H Proforma for Authorisation letter 52

3

INTRODUCTION

Bharat Sanchar Nigam Ltd. formed in October, 2000, is India’s Number One Telecommunications Company providing comprehensive range of telecom services in India: Wireline, CDMA mobile, GSM Mobile, Internet, Broadband, Carrier service, MPLS-VPN, VSAT, VoIP services, IN Services, GPON, WI-MAX etc..,

The internet service is provided by BSNL under the Brand name of BSNL Broadband, BSNL Internet etc., which primarily deals with Broadband Internet and dialup Internet Service.It has a registered customer base of more than 8.09 Million. In addition it offers MPLS VPN, Internet leased lines with speed ranging from 64 Kbps to 155 Mbps. Keeping pace with the technological trend, BSNL has been launching different types of Internet Services from time to time.

BSNL has established State of the Art MPLS VPN technology Core Network spread across more than 100 cities in the country. The two layers of the MPLS backbone are the CORE & the EDGE networks. The CORE Network comprises the routers connected with the high speed STM-16 transmission links whereas the EDGE network comprises the EDGE routers connected to the CORE routers through the Gigabit Ethernet or STM-16 links. This layer aggregates customer traffic, enforces QOS and extends managed access to the customers.

The BSNL’s MPLS VPN Nodes are presently located at approx. 100 places. In addition to this approximately approx 200 locations have been designated as Virtual Nodes. However, the VPN can be extended to any corner of India using a mix of Leased Line and MPLS VPN etc forming Hybrid Network. Further details of the MPLS Network capabilities, pricing, Service Level Agreement (SLA) etc. will be shared with the selected parties.

It is implemented over a high capacity (STM-16 expandable up to STM-64 in future) dual layer robust MPLS Network that has inherent redundancies in routing capability guaranteeing specified service levels. The technology enables secure Virtual Private Networks (VPN) to be built and allows scalability that will make it possible for BSNL to offer assured growth to its customers without having to make significant investments.

BSNL would now be geared to provide Bandwidth on demand, Video Conferencing, Voice over IP (VoIP) and a host of other value added services that could revolutionize the way a corporate business works.

The basic Objective of this tender is to provide the RIM (Remote Infrastructure Management) services required by the customers. BSNL aims to implement the SLA provisions as well as the special provisions made in MOU’s with different companies.

4

S E C T I O N - I

NOTICE INVITING TENDER

BHARAT SANCHAR NIGAM LIMITED,( A GOVERNMENT OF INDIA ENTERPRISE)

O/o CHIEF GENERAL MANAGER,SOUTHERN TELECOM REGION,

11, Link Road, Ganapathy ColonyGuindy , CHENNAI - 600 032.

E-TENDERS ARE INVITED BY THE CHIEF GENERAL MANAGER, SOUTHERN TELECOM REGION, CHENNAI FOR PROVIDING REMOTE INFRASTRUCTURE MANAGEMENT (RIM) SERVICES TO BSNL’S CUSTOMERS FOR MANAGEMENT OF CUSTOMER’S END EQUIPMENTS, THEIR NETWORK ON WAN.

THE INDIAN COMPANIES / Firms REGISTERED To provide RIM (REMOTE INFRASTRUCTURE MANAGEMENT) ARE ELIGIBLE TO PARTICIPATE IN THE E-TENDER.

Tender No. & Date CGM STR/MM/CNI/E-TENDER / RIM/2016–17 /03 DATED AT CHENNAI -32, THE 26-09-2016

Price of Bid Form Rs 2100 /- (inclusive of 5% VAT)

Bid Security Rs 7,29,000 /-

Date of issue of Tender forms

27-09-2016 Time: 1100 hours to 1600 hours

Last Date of issue of Tender forms

19-10-2016 Time: 1100 hours to 1600 hours

Last Date of receipt of completed Tender forms

21-10-2016 Time: 1100 hours

Date of Opening of Tender forms

21-10-2016 Time: 1130 hours

Signature of the bidder with seal

5

1. THE BID DOCUMENTS MAY BE DOWNLOADED FROM the WEBSITE http://str.bsnl.co.in. by selecting options tender , e-tender and follow the linkwww.tenderwizard.com/strbsnl.

BIDDERS HAS TO SUBMIT A DEMAND DRAFT DRAWN ON ANY SCHEDULED / NATIONALISED BANK IN FAVOUR OF ACCOUNTS OFFICER (HQCO), O/o CGMM, BSNL, STR, CHENNAI 32 FOR RS. 2100/-(RupeesTwo thousand one hundred only) TOWARDS THE COST OF BID DOCUMENTS . BID DOCUMENTS MUST BE SUBMITTED IN HAND OR POST TO DE MM ON OR BEFORE 21.10.2016 , ELSE THE BID WILL BE SUMMARILY REJECTED. BIDDERS SHALL WATCH THIS SITE www.tenderwizard.com/STRBSNL FOR CLARIFICATION/ CORRIGENDUM IF ANY THAT MAY BE POSTED AND ENSURE THAT THE SAME IS INCLUDED BEFORE SUBMISSION OF TENDER DOCUMENT.

To use the www.tenderwizard.com/STRBSNL portal, vendor needs to register on the portal. Registration by any organization needs to be done by following the instructions in the portal..

2.Chief General Manager Maintenance, Southern Telecom Region, CHENNAI RESERVES THE RIGHT TO REJECT ANY OR ALL THE TENDERS WITHOUT ASSIGNING ANY REASONS WHATSOEVER and he is not bound to accept the lowest L1 rate.

Divisional Engineer, Material Management,

BSNL,STR, Chennai-32.

6

SECTION II

A INSTRUCTIONS TO BIDDERS

1. DEFINITIONS

(a) “The Purchaser ” means the Chief General Manager Maintenance , BSNL , Southern Telecom Region, Chennai acting on behalf of the BSNL .

(b) “ The Bidder ” means the individual or firm who participates in the tender and submits its bid.

(c) “The Supplier ”or “The Vendor” means the individual or firm supplying the goods / Services under the contract.

(d) “The Goods ” means all equipment , machinery , and /or other materials / Services which the Supplier is required to supply to the Purchaser under the Contract.

(e) “The Advance Purchase Order ” means the intention of Purchaser to place the Purchase Order on the bidder.

(f) “ The Purchase Order ” means the order placed by the Purchaser on the Supplier signed by the Purchaser or by person authorized by the purchaserincluding all attachments and appendices thereto and all documents incorporated by reference therein. The Purchase Order shall be deemed as “ Contract ” appearing in the Document.

(g) “ The Contract Price ” means the Price payable to the Supplier under the Purchase Order for the Full and Proper Performance of its Contractual obligations.

(h) “ Validation ” is a process of testing the infra / equipment as per specifications including requirements for use in BSNL network . Validation is carried out in simulated field environment and includes Stability, Reliabilityand Environmental Tests

(i) “Services” means the services related to the Remote Infrastructure Management Services to be offered by the RIM Service Provider

(j) “Customer” means the existing, the prospective and the new customerof BSNL or an individual/ bidder who seeks the Data Services including MPLSVPN/MLLN/Non-MLLN/VPNoBB/CDMA/VSAT Leased Line access of BSNL.


7

2. ELIGIBLE BIDDERS The SI (System Integrators) appointed as Channel Partners by BSNL are eligible to apply, provided they have RIM (Remote Infrastructure Management) experience as mentioned in Clause – 2.5. Others, having eligibility as mentioned below (Clause 2.1 to 2.6), are also eligible to apply.

2.1 The prospective RIM Service Provider must be an Indian Registered company. – Certificate of Incorporation with copy of articles and Memorandum of Association is to be provided.

2.2 The prospective RIM Service Provider shall be a direct supplier of technology or have a direct teaming agreement with each of the Technology Companies that form the core building blocks of the project.

2.3 RIM Service Provider will have All India Operation jurisdiction.

2.4 Annual Turnover in last 3 years must be at least 75 Lakhs each year. Self-attested copies of Audited balance sheets of 2013-14, 2014-15 and 2015-16 are to be attached as a proof.

2.5 RIM (Remote Infrastructure Management) Experience for 3 years:

2.6.1 Bidder shall have a 24 x 7 operational, Remote Infrastructure Management Centre (RIMC) of its own, situated in India.

2.6.2 RIMC should be operational since last three years. No tie-ups with third party / sister concern/ signed partners will be accepted. Bidder shall provide RIM services exclusively to BSNL. Successful Bidders or their parent companies/ subsidiaries shall not enter in to contract/provide similar services to other service providers during the currency of the Contract. Bidder shall provide a declaration to this extent along with the bid.

2.6.3 The Bidder’s RIMC shall have the following certifications: ISO 9001:2008 / ISO20000 / BS 15000 for ITIL quality processes. The bidder should also have BS 7799/ISO 27001 certified NOC for delivery of remote managed Network services and should have experience of Network Monitoring and Management Services through their own remote NOC.

2.6.4 Bidder NOC and delivery processes should be ITIL Compliant and should be open for Audit by Customer selected Agency.

2.6.5 Bidders shall give references of at least five 05 customers having minimum of 50 WAN links in their network, where the Bidder is providing the Remote Infrastructure Management services.

2.6.6 Bidder should be managing at least FIVE Hundred 500 routers and at least 5000 leased links .


8

2.6.7 Dedicated Web based portal facility for monitoring and interaction withBSNL’s customer should be available.

2.6.8 A dedicated support to the customer on telephone / email /FAX/web should be available on 24*7 bases for Help Desk Support.

2.6.9 The Bidder shall have minimum of 25 (Twenty five) Qualified Professionals / Engineers.

2.6.10 The Bidder should have multiple levels (minimum 2 levels) of power backupwith Air Conditioning.

2.6.11 The Bidder should have robust IT infrastructure with Physical Security.

2.6.12 The bidder should have fully functional DR Operation in Geographicallydistinct location from the Primary NOC & should not be in same seismic zone.

Note: The supporting document should be provided w.r.t. each of the clauses.

3. COST OF BIDDING

The bidder shall bear all costs associated with the preparation and submission of the bid. The Purchaser will, in no case, be responsible or liable for these costs, regardless of the conduct or outcome of the biding process.

B. THE BID DOCUMENTS4. DOCUMENTS REQUIRED

4.1 The goods/services required to be supplied; bidding procedures and contractTerms and conditions are prescribed in the Bid Documents. The Bid documents Include :(a) Notice Inviting Tender(b) Instructions to Bidders(c) General(Commercial) Conditions of Contract(d) Special conditions of Contract, if any(e) Schedule of Requirements(f) Technical Specifications(g) Bid Form and Price Schedules(h) Bid Security Form(i) Performance Security Bond Form(j) Letter of authorization.(k) RTGS Mandatory Form(l) Agreement Form

4.2 The Bidder is expected to examine all instructions, forms, terms andspecifications in the Bid Documents. Failure to furnish all informationrequired as per the Bid Documents or submission of the bids notsubstantially responsive to the Bid Documents in every respect willbe at the bidder’s risk and is liable to be rejected.


9

5. CLARIFICATION OF BID DOCUMENTS

5.1 A prospective bidder, requiring any clarification on the Bid Documents shall notify the Purchaser in writing or by FAX at the Purchaser’s mailing address indicated in the invitation of Bid. The Purchaser shall respond in writing to any request for the clarification of the Bid Documents, which it receives not later than 14 days prior to the date of opening of the Tenders. Copies of the query (without identifying the source) and clarifications by the Purchaser shall be sent to all the prospective bidders who have received the bid documents.

5.2 Any clarification issued by BSNL in response to query raised by prospective bidders shall form an integral part of bid documents and it may amount to an amendment of relevant clauses of the bid documents.

6. AMENDMENT OF BID DOCUMENTS

6.1 At any time, prior to the date of submission of Bids, the Purchaser may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective bidder, modify bid documents by amendments.

6.2 The amendments shall be notified in writing by FAX or Email or by Addendum through e-tendering portal to all prospective bidders . 6.3 In order to afford prospective bidders a reasonable time to take the amendment

into account in preparing their bids, the purchaser may, at its discretion, extend the deadline for the submission of bids suitably.

C. PREPARATION OF BIDS 7. DOCUMENTS COMPRISING THE BID

The bid prepared by the bidder shall comprise the following components:

(a) Documentary evidence established in accordance with the clause 2 & 10 that the bidder is eligible to bid and is qualified to perform the contract if his bid is accepted.

(b) Bid Security furnished in accordance with clause 12.

(c) A Clause by Clause compliance as per clause 11.2

(d) A Bid form and price schedule completed in accordance with clause 8& 9.

8. BID FORM

The bidder shall complete the bid form and appropriate Price Schedule furnished in the Bid Documents, indicating the goods/services to be supplied, brief description of the goods/services , quantity and prices as per Annexure – ‘F’ of section VI. if the bid form is not submitted ,the bid will be rejected


10

9. BID PRICES

9.1 The bidder shall give the total composite price as Rate /Link /month plus all taxes as applicable as indicated in the price schedule given in Annexure –‘F’ of Section VI. The offer shall be firm in Indian Rupees. No Foreign exchange will be made available by the purchaser.

9.2 Prices indicated in the Price Schedule shall be entered in the following manner:(i) The Basic rate per link/month plus service plus any other taxes paid

shall be quoted.

(ii) The supplier shall quote as per price schedule given in Annexure-‘F’ of Section VI for the item given in schedule of requirement.

9.3 The price quoted by the bidder shall remain fixed during the entire period ofcontract and shall not be subject to variation on any account. A bid submittedwith an adjustable price quotation will be treated as non-responsive andrejected.

9.4 The prices quoted by the bidder shall be in sufficient detail to enable thePurchaser to arrive at the price of equipment/services offered.

9.5 “DISCOUNT, if any, offered by the bidders shall not be consideredunless specifically indicated in the price schedule. Bidders desiring tooffer discount shall therefore modify their offers suitably while quotingand shall quote clearly net price taking all such factors like Discount, free supply, etc, into account”.

10. DOCUMENTS ESTABLISHING BIDDER’S ELIGIBILITY AND QUALIFICATION

10.1 The bidder shall furnish, as part of the bid documents establishing thebidder’s eligibility, the following additional documents .


11

(i) Certificate of incorporation.(ii) Article or Memorandum of Association or partnership deed or proprietorship

deed as the case may be. (iii) Registration certificate from Appropriate government agency (iv) Approval from Reserve Bank of India /SIA in case of foreign collaboration. (vi) Near relative certificate as per clause34 of section II ( from all current Board

of Directors to be furnished)(vii) Power Of Attorney as per the clause 14.3 (a) authorisation for executing

the power of attorney as per clause 14.3(b) or (c)

Note : All the documents mentioned above should be authenticated by The authorized signatory of the bid offer.

10.2 (i) The bidder shall furnish Annual Report and /or a certificate fromits bankers as evidence that he has financial capability to perform thecontract.

(ii) The bidder shall furnish documentary evidence about servicedelivering capability necessary to perform the contract.

10.3 In order to enable the Purchaser to assess the proveness of the servicesoffered, the bidder shall provide documentary evidence regarding the servicesbeing offered by him.

10.4 A signed undertaking from Authorized Signatory of the Bidder that shall certifythat all the Components/parts/assembly/software used in the Desktops andServers like Hard Disc, Monitors, Memory etc. shall be original, newComponents /parts/assembly/software and that no refurnished / duplicate /second hand components/parts/assembly/software are being used or shall be used.

10.5 Any software used for RIM services ie. Operating System or any applicationssoftware the Bidder should have a Certificate of Authenticity (COA) signed byAuthorized Signatory stating that all software supplied are authentic and legalcopy is/are being supplied.

11. DOCUMENTS ESTABLISHING GOOD’S/SERVICES CONFORMITY TOBID DOCUMENTS

11.1 Pursuant to clause 7, the bidder shall furnish, as part of his bid, documents establishing the conformity of his bid to the Bid Documents of all goods and services which he proposes to supply under the contract.

11.2 The documentary evidences of the “goods and services” conformity to the Bid Documents, may be, in the form of literature, drawings, data etc. and the bidder shall furnish :

(a) a detailed description of goods/services with essential technicaland performance characteristics;


12

b) A clause-by-clause compliance on the purchaser’s Technical Specifications and Commercial Conditions demonstrating substantial responsiveness to the Technical Specifications andCommercial Conditions. In case of deviations, a statement of the deviations and exception to the provision of the TechnicalSpecifications and Commercial Conditions shall be given by the bidder. A bid without clause-by-clause compliance of the Technical Specifications (Section V), Commercial Conditions (Section III) and Special Conditions (Section IV) shall not be considered.

11.3 For the purpose of compliance to be furnished pursuant to the clause 11.2(b) above, the bidder shall note that the standards for the workmanship, material and equipment and reference to the brand names or catalogue number,designated by the Purchaser in its Technical specifications are intended to be descriptive only and not restrictive.

12. BID SECURITY

12.1 Pursuant to clause 7, the bidder shall furnish, as part of his bid, a bid security for an amount of Rs 7,29,000/- (Rupees Seven Lakhs Twenty Nine Thousand only).The bidders(small scale units) who are registered with National Small Scale Industries Corporation UNDER SINGLE POINT REGISTRATION SCHEME are exempted from payment of bid security up to the amount equal to their monetary limit .A proof regarding current registration with NSIC for the tendered items will have to be attached along with the Bid.

The enlistment certificate issued by NSIC will not be permanent and should be renewed within two years of its presentation.

The unit claiming concession of NSIC is required to submit its monetary turnover in support of its claim for meeting the delivery schedule .

12.2 The bid security is required to protect the purchaser against the risk of bidder’s conduct, which would warrant the forfeiture of bid security pursuant to para 12.7.

12.3 The bid security shall be in the form of a bank Guarantee issued by a scheduled Bank in favour of the purchaser, valid for a period of 180 days from the date of tender opening.

12.4 A bid not secured in accordance with para 12.1 & 12.3 shall be rejected by the Purchaser being non-responsive at the bid opening stage and returned to the bidder unopened.

12.5 The bid security of the unsuccessful bidder will be discharged/returned as promptly as possible but not later than 30 days after the expiry of the period of the bid validity prescribed by the purchaser pursuant to clause 13.


13

12.6 The successful bidder’s bid security will be discharged upon the bidder’sacceptance of the advance purchase order satisfactorily in accordancewith clause 27 and furnishing the performance security.

12.7 The bid security may be forfeited:(a) If the bidder withdraws his bid during the period of bid validity or

(b) In the case of successful bidder, if the bidder fails:(I) to sign the contract in accordance with clause 28 or(ii) to furnish performance security in accordance with clause 27.

(c ) In both the above cases, i.e., 12.7 (a) & (b), the bidder will not beeligible to participate in the tender for same item for one year from the date of issue of APO. The bidder will not approach the court against the decision of BSNL in this regard.

13. PERIOD OF VALIDITY OF BIDS13.1 Bid shall remain valid for 180 days from the date of opening of bids prescribed

by the purchaser pursuant to clause 19.1. A bid valid for a shorter periodshall be rejected by the purchaser being non-responsive.

13.2 In exceptional circumstances, the purchaser may request the consent of thebidder for an extension to the period of bid validity. The request and theresponse thereto shall be made in writing. The bid security provided underclause 12 shall also be suitably extended. The bidder may refuse therequest without forfeiting his bid security. A bidder accepting the requestand granting extension will not be permitted to modify his bid.

14. FORMAT AND SIGNING OF BID14.1 The bidder shall submit his bid online complying all eligibility conditions, and

terms and conditions of tender document to be read along with theclarifications and amendments issued in this respect. All documents must beauthenticated ,using Digital Signature by authorised person. The letter ofauthorization shall be indicated by written Power of Attorney accompanyingthe Bid.

14.2 All pages of the original bid, except for un-amended printed literatures, shall be digitally signed by the person(s) signing the bid.

14.3 Power of Attorneya) The Power of Attorney should be submitted and executed on the non

judicial stamp paper of appropriate value as prevailing in therespective state(s) and the same must be attested by a Notary Publicor registered before Sub Registrar of the state(s) concerned.

(b) The Power of Attorney be executed by a person who has been authorized by the Board of Directors of the bidder in this regard, on behalf of the company/Institution/Body corporate. (c ) In case of the bidder being a firm, the said power of Attorney should be executed by all the partner(s) in favour of the said Attorney.


14

D. SUBMISSION OF BIDS

15. SEALING AND MARKING OF BIDS

15.1 The first cover shall contain documents establishing bidder’s eligibility as per Clause 2 along with Bid Security as per Clause 12 (refer clause 3.1 of SectionIVof the Bid Document). The first cover marked as “TECHNICAL BID” on the top.The second cover marked as “FINANCIAL BID” on the top shall contain the “financial bid” All the two the covers should be sealed separately by the personal seal of the bidder.

15. 2 Bidders are responsible for registering their firm for E-tendering and participate in the E-tender on the date and time mentioned in the NIT.

16. SUBMISSION OF BIDS

16.1 Bids must be uploaded in the specified website (indicated in NIT) by the bidder on due date /time.

16.2 The Purchaser may, at its discretion, extend this deadline for the submission of Bids by amending the Bid Documents in accordance with clause 6 in which case all rights and obligations of the purchaser and bidders previously subject to the deadline will thereafter be subjected to the deadline as extended.

16.3 The bidder shall submit his bid offer against a set of bid documents purchased by him for all or some of the systems / equipment/services as per requirement of the Bid Documents. He may include alternate offer, if permissible as per the bid. However not more than one independent and complete offer shall be permitted from the bidder.


15

17. LATE BIDSAny bid received by the purchaser after the deadline for submission of bidsprescribed by the purchaser pursuant to clause 16, shall be rejected andreturned unopened to the bidder.

18. MODIFICATION AND WITHDRAWAL OF BIDS

18.1 The bidder may modify or withdraw his bid after submission provided that thewritten notice of the modification or withdrawal is received by the purchaser prior to the deadline prescribed for submission of bids.

18.2 The bidder’s modification or withdrawal notice shall be prepared, sealed, marked and dispatched as required in the case of bid submission in accordance with the provision of clause 15. A withdrawal notice may also be sent by FAX but followed by a signed confirmation copy by post not later than the deadline for submission of bids.

18.3 Subject to clause 20, no bid shall be modified subsequent to the deadlinefor submission of bids.

E. BID OPENING AND EVALUATION19. OPENING OF BIDS BY PURCHASER

19.1 The purchaser shall open bids onl ine in the presence of their authorized representatives onl ine who chose to attend, at the time specified in NIT on due date. The bidder ’s representatives, who are present, shall sign in an attendance register. Authority letter to this effect shall be submitted by the bidders before they are allowed to participate in bid opening (A Format is given in Annexure-‘H’ of section VI.)

The BSNL shall open First envelop (TECHNICAL BID) on the designated date and time at the designated address mentioned in the tender document in the presence of authorized representatives from participating bidders, who chose to attend.

The financial bid of only technically qualified Bidders shall be opened laterand they will be informed in due course about the date. The decision of theBSNL in this regard shall be final, binding and non-negotiable

19.2 A maximum of two representatives of any bidder shall be authorized andpermitted to attend the bid opening.

19.3 The bidder’s names, modifications, bid withdrawals and such other detailsas the purchaser, at its discretion, may consider appropriate will be announced at the time of opening.

19.4 The date fixed for opening of bids, if subsequently declared as holiday by theBSNL, the revised date of schedule will be notified. However, in absence ofsuch notification, the bids will be opened on next working day, time and venueremaining unaltered.


16

20. CLARIFICATION OF BIDS

To assist in the examination, evaluation and comparison of bids, the purchasermay, at its discretion ask the bidder for the clarification of its bid. The request for the clarification and the response shall be in writing. However, no post bid clarification at the initiative of the bidder shall be entertained.

21. PRELIMINARY EVALUATION

21.1 Purchaser shall evaluate the bids to determine whether they are complete,whether required sureties have been furnished, whether the documents havebeen properly signed and whether the bids are generally in order.

21.2 Arithmetical errors shall be rectified on the following basis. If there is adiscrepancy between the Unit Price and Total Price that is obtained bymultiplying the Unit Price and Quantity, the Unit Price shall prevail and the Total Price shall be corrected by the Purchaser. If there is a discrepancy between Words and Figures , the amount in Words shall prevail.If the Supplier does not accept the correction of the errors , his bidshall be rejected.

21.3 Prior to the detailed evaluation pursuant to clause 22, the Purchaser willdetermine the substantial responsiveness of each bid to the Bid Document. Forpurposes of these clauses, a substantially responsive bid is one which confirms to all the terms and conditions of the Bid Documents without material deviations. The purchaser’s determination of bid’s responsiveness shall be based on the contents of the bid itself without recourse to extrinsic evidence.

21.4 A bid, determined as substantially non-responsive will be rejected by the purchaser and shall not subsequent to the bid opening be maderesponsive by the bidder by correction of the non-conformity.

21.5 The Purchaser may waive any minor infirmity or non-conformity or irregularity in a bid which doesn’t constitute a material deviation, provided such waiver doesn’t prejudice or affect the relative ranking of any bidder.

22. EVALUATION AND COMPARISON OF SUBSTANTIALLY RESPONSIVE BIDS

22.1 The Purchaser shall evaluate in detail and compare the bids previouslydetermined to be substantially responsive pursuant to clause 21.

22.2 Evaluation of the proposals from the eligible Bidders on the basis of thetechnical requirements as asked for herein. The eligible Bidders may also beasked to give the presentations to appreciate their proposed concepts.

22.3 NOC visit will be performed by the technical team of BSNL to understand theNOC process and capability of bidder.

22.4 Based on the report of technical evaluation team, the financial proposal ofonly technically qualified bidders will be opened.


17

22.5 (a) The Evaluation and Comparison of responsive bids shall be done on thebasis of Net cost to BSNL on the rate quoted per link per month only and the service tax plus other taxes will not be taken into account for evaluation. Proof for having paid taxes to be enclosed with the bill.

(b) (i) “Duties & Taxes for which the firm has to furnish CenvatableChallans /Invoices will be indicated separately in the PO/APO

(ii) vendors should furnish the correct E.D/ Customs tariff Head in the Priceschedule. If the credit for the Duties and Taxes under CENVAT Credit Rules, 2004 is found to be not admissible at any stage subsequently owing to wrong furnishing of Tariff Head , then the vendors will be liable to refund such non admissible amount, if already paid, along with penalty if charged by the concerned authority.

(iii) In case Duties & Taxes which are non CENVAT –able as per the quotesindicated in the price schedule by the vendors and subsequently at any stage it is found that credit for such Duties & Taxes is admissible as per CENVAT Credit Rules , 2004, then the vendors will be liable to refund the amount equivalent to such Duties & Taxes if already paid to them. However, the purchaser may allow the supplier to submit necessary documents in this regard which may enable the purchaser to avail the CENVAT credit provided such credit is still available for the amount so paid as per CENVAT Credit Rules 2004.

(iv) The purchaser reserves the right to ask the Bidders to submit documentaryproof confirming the correct Tariff Head from the E.D/Customs authoritywhere the Tariff Head furnished against the particular tendered item bydifferent bidders differs from each other or the same is found apparently not furnished in accordance with E.D/Customs Tariff notifications.

(V) “If the supplier fails to furnish necessary supporting documents ieExcise/Customs invoices etc. in respect of the Duties/taxes which areCenvatable, the amount pertaining to such Duties/Taxes will bededucted from the payment due to the firm”.


18

23 CONTACTING THE PURCHASER23.1 Subject to Clause 20, no bidder shall try to influence the Purchaser on any

matter relating to its bid, from the time of the bid opening till the time the contract is awarded.

23.2 Any effort by a bidder to modify his bid or influence the purchaserin the purchaser’s bid evaluation, bid comparison or contract awarddecision shall result in the rejection of the bid.

F AWARD OF CONTRACT24. PLACEMENT OF ORDER

(a) The Purchaser shall consider placement of order for commercial suppliesonly to eligible bidder whose offer has been found technically, commercially and financially acceptable. The Purchaser reserves the right to counter offer price(s) against price(s) quoted by any bidder.

(b) The successful bidder(s) selected through this tender will be offeredthe work of RIM Services.

(c) The agreement will be signed with the successful Bidder(s).

(d) The Bidder shall within 14 days of issue of an LOI, give his acceptanceand sign the agreement and submit Non Disclosure Agreement (NDA).

(e) The applicable PBG will have to be submitted by the successful bidder tothe respective circles which may be reviewed periodically ever year.

(f) The detailed order customer wise will be placed by the respective circles of BSNL under intimation to Southern Telecom Region Circle.

24.1 BSNL reserves the right to engage more than one RIM Service Provider in case of any necessity / inadequacy of the successful bidder with a view to provide uninterrupted service to the customer.

25. PURCHASER’S RIGHT TO VARY TENDERED QUANTITIES

BSNL will have the right to increase or decrease the quantum of work based on the necessity generated due to customer acquisition / retention.

26.PURCHASER’S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS

The Purchaser reserves the right to accept or reject any bid, and to annul the bidding process and reject all bids, at any time prior to award of contract without assigning any reason whatsoever and without thereby incurring any liability to the affected bidder or bidders on the grounds of purchaser’s action.


19

27. ISSUE OF ADVANCE PURCHASE ORDER

27.1 The issue of an Advance Purchase Order shall constitute the intention ofthe Purchaser to enter into contract with the bidder.

27.2 The bidder shall within 14 days of issue of the advance purchase order, givehis acceptance along with performance security in conformity with Section VIprovided with the bid document.

28. SIGNING OF AGREEMENT

The issue of Purchase Order shall constitute the award of contract on the bidder.Upon the successful bidder furnishing performance security pursuant to clause 27, the Purchaser shall discharge the bid security in pursuant to clause 12.

28.1 The Duration of Agreement: This agreement shall be valid for a periodof THREE YEARS from the date of signing the Agreement and extendable,unless revoked earlier for whatever reasons. If at any stage during the tenureof this agreement, it comes to the notice of BSNL, directly or through someother complaint, that the RIM Service Provider had misrepresented the factsor submitted any false information or hidden any information, which couldhave affected the signing of this agreement with the RIM Service Providerthis agreement shall stand terminated immediately under intimation to theRIM Service Provider.

28.2 Extension of Agreement:After the expiry of initial agreement period of three years ,BSNL may extend further with the RIM Service provider on mutually agreed terms based on theirperformance. THE decision of BSNL shall be final in this regard.

29. ANNULMENT OF AWARD

Failure of the successful bidder to comply with the requirement of clause28 shall constitute sufficient ground for the annulment of the award and theforfeiture of the bid security in which event the Purchaser may make the award to any other bidder at the discretion of the purchaser or call for new bids.

30. QUALITY ASSURANCE REQUIREMENTSThe supplier shall have Quality Management System supported andevidenced by the following:- A Quality Policy.- A management representative with authority and responsibility for fulfilling QA requirements and for interfacing with purchaser in the matters of Quality.- System for tracing the cause for non-conformance (traceability) and segregating services which don’t conform to specifications.


20

31. While all the conditions specified in the Bid documents are critical and areto be complied, special attention of bidder is invited to the following clauses of the bid documents. Non-compliance of any one of which shall result in outright rejection of the bid.

(i) Clause 15.1 of Section II: The bids will be recorded/ returned unopened if covers are not properly sealed with ‘PERSONAL SEAL’ ofthe bidder.

(ii) Clauses 12.1, 12.3 & 13.1 of Section II: The bids will be rejected at opening stage if Bid security is not submitted as per Clauses 12.1 & 12.3 and bid validity is less than the period prescribed in Clause 13.1 mentionedabove.

(iii) Clause 2 & 10 of Section II: If the eligibility condition as per clause 2 of Section II is not met and/or documents prescribed to establish the eligibility as per Clause 10 of section II are not enclosed, the bids will be rejected without further evaluation.

(iv) Clause 11.2 (b) of Section II: If clause-by-clause compliance and deviation statements as prescribed are not given, the bid will be rejected at the stage of primary evaluation. In case of no deviations, a statement to that effect must be given.

(v) Section III Commercial conditions, section IV special conditions ofcontract and section V scope and technical specifications :compliance if given using ambiguous words like “Noted”, “Understood”, “Noted & Understood” shall not be accepted as complied. Mere “Complied” will also be not sufficient, reference to the enclosed documents showing compliances must be given.

(vi) Section VI Price Schedule: Prices are not filled in as prescribed inprice schedule attached as Annexure-F.

(vii) Section II clause 9.5 on discount which is reproduced below:

“Discount, if any, offered by the bidder shall not be considered unless specifically indicated in the price schedule. Bidders desiring to offer discount shall therefore modify their offer suitably while quoting and shall quote clearly net price taking all such factors like Discount, free supply etc. into account”.

viii) Before outright rejection of the Bid by the Bid-opening team for noncomplianceof any of the provisions mentioned in Clause 31(i),31(ii) of Section II and clause 2(i) of Section IV though, the bidder company is given opportunity to explain their position, however if the person representing the company is not satisfied with the decision of the opening team, he//they can submit the representation to Bid-opening team immediately but in no case after closing of the bid opening process with full justification quoting specifically the violation of tender conditions if any.


21

The Bid opening committee will mention the number of bids with name ofcompany found unsuitable for further processing on the date of tender opening and number of representatives received in Bid opening Minutes and if Bid opening team is satisfied with the arguments of the bidder /company mentioned in their representation and feel that there is prima-facie fact for consideration, the Bid opening committee will submit the case for review to competent authority. CGM in circles as early as possible preferably on next working day and decision to this effect should be communicated to the bidder company within a week positively. Bids found liable for rejection and kept preserved on the date of tender opening will be returned to the bidders after issue of P.O against instant tender.

If the reviewing officer finds it fit to open the bid of the petitioner, this should be done by giving three (working) days notice to all participating bidders to give opportunity to desirous participants to be present on the occasion.

32. Purchaser reserves the right to disqualify the supplier for a suitable periodwho habitually failed to deliver the services in time. Further, the supplierswho do not perform satisfactory in accordance with the specifications may also be disqualified for a suitable period as decided by the purchaser.

33. Purchaser reserves the right to blacklist a bidder for a suitable period in case he fails to honour his bid without sufficient grounds.

34. The bidder should give a certificate that none of his/her near relative is workingin the units as defined below where he is going to apply for the tender.In case of proprietorship firm certificate will be given by the proprietor. For partnership firm certificate will be given by all the partners and in case of limited company by all the Directors of the company excluding Government of India/Financial institution nominees and independent non- Official part time Directors appointed by Govt. of India or the Governor of the state and full time Directors of PSUs both State and Central. Due to any breach of these conditions by the company or firm or any other person the tender will be cancelled and Bid Security will be forfeited at any stage whenever it is noticed and BSNL will not pay any damage to the company or firm or the concerned person.

The company or firm or the person will also be debarred for furtherparticipation in the concerned unit.


22

The near relatives for this purpose are defined as:-

(a) Members of a Hindu undivided family.

(b) They are husband and wife.

(c) The one is related to the other in the manner as father, mother, son(s) &Son’s wife (daughter in law), Daughter(s) and daughter’s husband(son in law), brother(s) and brother’s wife, sister(s) and sister’s husband(brother in law).

The format of the certificate to be given is“I…………..s/o…….……r/o…………….. hereby certify that none of myrelative(s) as defined in the tender document is/are employed in BSNL unitas per details given in tender document. In case at any stage, it is foundthat the information given by me is false / incorrect, BSNL shall have theabsolute right to take any action as deemed fit/without any prior intimation tome.”

35. The bidder should give a certificate as mentioned below stating that the firm isnot blacklisted.

Non Blacklisting Certificate

T.E No. :

Due to open on :

To

The Chief General Manager Maintenance,Southern Telecom Region11, Link Road, Ganapathy colony,Guindy, Chennai-32.

We hereby certify that we have not been black listed by any BSNL Circle or any other Government Departments/PSUs as on date.

Signature


23

SECTION III

GENERAL (COMMERCIAL) CONDITIONS OF CONTRACT1. APPLICATION

The general condition shall apply in contracts made by the purchaser for the procurement of goods/services.

2. STANDARDS

The goods/services supplied under this contract shall conform to thestandards prescribed in the Technical Specifications mentioned in section V.

3. PATENT RIGHTSThe supplier shall indemnify the purchaser against all third-party claims of infringement of patent, trademark or industrial design rights arising from use of the goods or any part thereof in Indian Telecom Network.

4. PERFORMANCE SECURITY

4.1 Selected bidder will need to submit Performance Bank Guarantee (PBG) of5% of the value of purchase order(s), before signing the agreement andsubmission of proposal to the customer, for ensuring full compliance ofagreement conditions. Initially, the PBGs shall be valid for eighteen monthsfrom the date of signing of agreement (effective date) of the service and shallbe renewed from time to time till the expiry of agreement (annually) and till all outstanding dues to BSNL, if any, have been fully paid and its claims are satisfied or discharged and also discharge of all responsibilities with regard to RIM Services for the full period of agreement.

The PBG amount will be reviewed annually for any upward revision . The bank guarantee for the difference of additional amount (if any) be paid by the bidder within 30 days . Any failure to do so, shall amount to violation of the terms of the agreement and entitle BSNL to encash the bank guarantee and to convert into a cash security without any reference to the bidder and his risk and cost. No interest or compensation whatsoever shall be payable by BSNL on such encashment.

4.2 The proceeds of the performance security shall be payable to the Purchaser as compensation for any loss resulting from the supplier’s failure to complete its obligations under the contract.

4.3 The performance security Bond shall be in the form of Bank Guaranteeissued by a scheduled Bank and in the form provided in ‘Annexure-‘C’ ofsection VI of this Bid Document.

4.4 The performance security Bond will be discharged by the Purchaser afterCompletion of the supplier’s performance obligations including any warrantyobligations under the contract.


24

5.0 PAMYENT TERMS

5.1 Quarterly payment will be done for the services offered. Payment will benormally made to RIM Service Provider within 3 weeks from the date ofsubmission of the bills after deducting the necessary penalties, if any. RIMService Provider shall raise the bill to concerned circles issuing the order withcopy of intimation to Southern Telecom Region Circle.

5.2 For each project as per the customers requirement, BSNL Units will issue a PO to SERVICE PROVIDER containing details of products / services along with approved price, terms and conditions of the same.

5.3 Penalty Clause:The up time calculation: The available time calculation for any circuit shall be assessed by following method on monthly basis depending upon type of SLA.

100 * (Total no. of hours in the month– Total outage during the month)

Circuit up time % = ------------------------------------------------------- Total no. of hours in the month.

Deduction and Penalty – (Methodology of computation of payment deduction)Unit cost of RIM service per link (site) per quarter/annum as the casemay be= A

a) In the event of link (UPTIME) below 90% (to be computed on quarterly basis/ annual basis as the case may be) for any particular

link, No payment will be made to the RIM service provider against that link.

b) In case BSNL circuit is down persuasion for timely rectification of fault responsibility will be of RIM service provider.

c) For every 1% of downtime below SLA but more than 90% for a link (to be computed on quarterly basis/ annual basis as the case may be), the deduction in the amount payable towards RIM services would be as under:

Deduction = A x 4/100 x [cumulative drop in SLA]

% of deduction on the amount payable for RIM service = 4% for every1% downtime below cumulative SLA.

d) In case of Standard / Classic SLA if the fault is occurring beyond theservice window timings, the down time shall start from respective service window timing. However after start of downtime all the non service window hours will also be accounted for downtime calculation till fault rectification.e) Penalty for failure of RIM services on account of RIM system (like Router, switch, H/W and S/W etc.,) shall be as below


25

Service LevelSno System uptime value for month Penalty1 >= 99.7% Nil2 >= 98.7% but < 99.7% 1.0% of monthly billed amount3 >= 97% but < 98.7% 3.0% of monthly billed amount4 >= 95% but < 97 % 5.0 % of monthly billed amount5 >= 90% but < 95 % 10% of monthly billed amount6 < 90% 20% of monthly billed amount

f) Penalty for the Repeat Faults.

Service Level

Sno Links Repeated (No of Times) Penalty per link per month1 2 times No Penalty2 3 times 10 % of monthly billed amount3 4 times 20% of monthly billed amount4 5 times 50 % of monthly billed amount5 More than 5 times No amount shall be paid for the link

for that month

g) Penalty for closure of case without customer’s confirmation.

Service Level

Sno No of Times Penalty per link per month1 1 time 20% of monthly billed amount2 2 times No amount shall be paid for the link for that month


26

6.0 PRICES6.1 (i) Prices charged by the supplier for services performed under the

contract shall not be higher than the prices quoted by the Supplier in his Bid.

(ii) (a)Prices will be fixed at the time of issue of work order as pertaxes and statutory duties applicable at that time.

(b) In case of reduction of taxes and other statutory duties during the service period, purchaser shall take the benefit of decrease in these taxes/duties for the supplies made from the date of enactment of revised duties/taxes.

(c) In case of increase in duties/taxes during the scheduled delivery period, the purchaser shall revise the prices as per new duties/taxes for the supplies, to be made during the remaining delivery period as per terms and conditions of the purchase order.

(iii) Any increase in taxes and other statutory duties/levies after theexpiry of the scheduled delivery date shall be to the supplier’saccount. However benefit of any decrease in these taxes/dutiesshall be passed on to the Purchaser by the supplier.

7.0 SUBCONTRACTSThe Supplier shall notify the Purchaser in writing of all subcontracts awardedunder this contract if not already specified in his bid. Such notification, in hisoriginal bid or later shall not relieve the supplier from any liability or obligationunder the Contract.

8.0 FORCE MAJEURE8.1 If, at any time, during the continuance of this contract, the performance in

whole or in part by either party of any obligation under this contract isprevented or delayed by reasons of any war or hostility, acts of the publicenemy, civil commotion, sabotage , fires, floods, explosions, epidemics,quarantine restrictions, strikes, lockouts or act of God (hereinafter referred toas events) provided notice of happenings of any such eventuality is given by either party to the other within 21 days from the date of occurrence thereof, neither party shall by reason of such event be entitled to terminate this contract nor shall either party have any claim for damages against other in respect of such non-performance or delay in performance, and deliveries under the contract shall be resumed as soon as practicable after such an event come to an end or cease to exist, and the decision of the Purchaser as to whether the deliveries have been so resumed or not shall be final and conclusive. Further that if the performance in whole or part of any obligation under this contract is prevented or delayed by reasons of any such event for a period exceeding 60 days, either party may, at its option, terminate the contract.


27

8.2 Provided, also that if the contract is terminated under this clause, the PurchaserShall be at liberty to take over from the Supplier at a price to be fixed by thepurchaser, which shall be final, all unused, undamaged and acceptable materials bought out components and stores in course of manufacture which may be in possession of the Supplier at the time of such termination or such portion thereof as the purchaser may deem fit, except such materials, bought out components and stores as the Supplier may with the concurrence of the purchaser elect to retain.

9.0 TERMINATION FOR DEFAULT

9.1 The BSNL may , without prejudice to any other remedy for breach of Contract , by written notice of default , sent to the RIM Service Provider, terminate this Contract in whole .

(a) if the RIM Service Provider fails to deliver any or all of the services within the time period(s) specified in the Contract , or any extension thereof granted by BSNL.

(b) If the performance of the RIM Service Provider is not as expected by BSNL an initial notice of fifteen days in writing will be given to the RIM Service Providerto set right and improve the performance.

(c)In case the performance of RIM Service Provider does not improve even after the initial notice then BSNL will issue written notice giving three months notice period and BSNL reserves the right to terminate the contract.

10.0 TERMINATION FOR INSOLVENCYThe Purchaser may at any time terminate the Contract by giving written noticeto 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 the purchaser.

11.0 SUSPENSION, REVOCATION OR TERMINATION OF AGREEMENT

11.1 BSNL reserves the right to suspend the operation of this agreement, at any time, Due to change in its own license conditions or upon directions fromthe competent government authorities. In such a situation, BSNL shall notbe responsible for any damage or loss caused or arisen out of aforesaidaction. Further, the suspension of the agreement will not be a cause or ground for extension of the period of the agreement and suspension periodwill be taken as period spent. During this period, no charges for use of the facility of the RIM Service Provider shall be payable by BSNL.

11.2 BSNL may, without prejudice to any other remedy available for the breach of any conditions of agreement, by a written notice of Three month issued to the RIM Service Provider at its registered office, terminate / or suspend this agreement under any of the following circumstances:


28

11.2.1 The RIM Service Provider failing to perform any obligation(s) under theagreement;

11.2.2 The RIM Service Provider failing to rectify, within the time prescribed, anydefect as may be pointed out by BSNL.

11.2.3 Non adherence to SLA which BSNL has committed to customer.

11.2.4 The RIM Service Provider going into liquidation or ordered to be woundup by competent authority.

11.2.5 Either party may terminate the agreement, by giving notice of at least Threemonth in advance. The effective date of surrender of agreement will be threemonth counted from the date of receipt of such notice by the other party orthe authority that signed the agreement on behalf of other party.

11.2.6 If the RIM Service Provider is wound up or goes into liquidation, it shallImmediately (and not more than a week) inform about occurrence of such eventto BSNL in writing.

In that case, the written notice period can be modified by BSNL as deemed fitunder the circumstances. BSNL may either decide to issue a termination notice or to continue the agreement by suitably modifying the conditions, as it feels fit under the circumstances.

11.2.7 It shall be the responsibility of the RIM Service Provider to maintain the agreedQuality of Service, even during the period when the notice for surrender/ termination of agreement is pending and if the Quality of performance of Solution is not maintained, during the said notice period, it shall be treated as material breach liable for termination at risk and consequent of RIM Service Provider and Performance Bank Guarantee shall be forfeited, without any further notice.

11.2.8 Breach of non-fulfilment of Agreement conditions may come to the notice ofBSNL through complaints or as a result of the regular monitoring. Wherever considered appropriate BSNL may conduct an inquiry either suo-moto or on complaint to determine whether there has been any breach in compliance of the terms and conditions of the agreement by the RIM Service Provider or not? The RIM Service Provider shall extend all reasonable facilities and shall endeavour to remove the hindrance of every type upon such inquiry.

11.3 Actions pursuant to Termination of Agreement: Notwithstanding any otherrights and remedies provided elsewhere in the agreement, upon termination of this agreement.

11.3.1 Neither Party shall represent the Other Party in any of its dealings.

11.3.2 Neither Party shall intentionally nor otherwise commit any act(s) as wouldkeep a third party to believe that the other Party is still the former Party’sservice provider, as the case may be.


29

11.3.3 Each party shall stop using the other Party’s name, trademark, etc., in anyaudio or visual form.

11.3.4 The expiration or termination of the Agreement for any reason whatsoevershall not effect any obligation of either Party having accrued under theAgreement prior to the expiration of termination of the Agreement and suchexpiration or termination shall be without prejudice to any liabilities of eitherParty to the other Party existing at the date of expiration or termination of the Agreement.

12.0 CONFIDENTIALITY OF INFORMATION & INTELLECTUAL PROPERTY

12.1 Subject to conditions contained in this Agreement, the RIM Service Provider shalltake all necessary steps to safeguard the privacy and confidentiality of any information about BSNL and its subscribers from whom it has acquired suchinformation by virtue of the Service provided and shall use its best endeavours tosecure that:

12.1.1 No person acting on behalf of the RIM Service Provider or the RIM ServiceProvider himself divulges or uses any such information except as may benecessary for discharging work as per this BID DOCUMENT.

12.2 The RIM Service Provider shall take necessary steps to ensure that the RIMService Provider himself / herself and any person(s) acting on its behalf observeConfidentiality of customer information.

12.3 The RIM Service Provider shall, prior to commencement of this agreement,confirm in writing to BSNL that The RIM Service Provider has taken all necessary steps to ensure that it and its employees shall observe confidentiality of customer information.

12.4 This clause shall survive the termination or expiry of this Agreement.

12.5 INTELLECTUAL PROPERTY12.5.1 The intellectual property rights of the solution offered to and implemented by

BSNL shall be with the purchaser. All documents, raw data, research, processes, technology, film, artwork, engravings, dies, paper tapes, magnetic media,programs, designs and inventions (collectively referred to as the “information”) conceived of, collected, completed or produced in the course of performance of the contract by the RIM Service Provider, for BSNL or provided to the RIM Service Provider by BSNL shall be the exclusive property of BSNL and shall be kept confidential.

12.5.2 The RIM Service Provider, including all Personnel shall not disclose, divulge,share, discuss, lend, license or sell to any third party any information, data, databases, documents, software, proprietary information, taxpayer information or technical material (“information”) supplied to or by BSNL in the performance of the Agreement.

12.5.3 The Contractor shall not retain any information related to the Assignment, in any medium, and shall return all copies. All materials prepared at the request of and for BSNL shall remain the property of BSNL except with the written consent.


30

12.5.4 All information and documents supplied to the RIM Service Provider under the Agreement and all reports, programs, procedures, documents and information produced under the Agreement are the property of BSNL and shall be returned upon completion of contract.

12.5.5 Neither party will use the other party’s name or marks, refer to or identify the other party in any advertising or publicity releases or promotional or marketing correspondence to others without such other party’s written approval.

13.0 INDEMNIFICATION

The RIM Service Provider agrees to protect, defend, indemnify and holdharmless BSNL and its employees, officers, directors, agents orrepresentatives from and against any and all liabilities, damages, fines, penalties and costs (including legal costs and disbursements) arising from or relating to:

13.1 Any breach of any statute, regulation, direction, orders or standards from any governmental body, agency, telecommunications operator or regulator applicable to such party.

13.2 Any breach of the terms and conditions in this agreement by the RIM Service Provider.

13.3 Any claim of any infringement of any intellectual property right or any other right of any third party or of law by the RIM Service Provider.

13.4 This clause shall survive the termination or expiry of this Agreement.

13.5 Relationship: Each party understands that it is an independently ownedbusiness entity and this Agreement does not make it, its employees,associates or agents as employees, agents or legal representatives of theother party for any purpose whatsoever. Neither party has express or implied right or authority to assume or to undertake any obligation in respect of or on behalf of or in the name of the Other Party or to bind the Other Party in any manner. In case, any party, its employees, associates or agents hold out as employees, agents, or legal representatives of the other party, the formerparty shall forthwith upon demand make good any/all loss, cost, damageincluding consequential loss, suffered by the other party on this account.

14.0 ARBITRATION14.1 In the event of any question, dispute or difference arising under this

agreement or in connection therewith (except as to the matters the decision towhich is specifically provided under this agreement), the same shall be referred to the sole arbitration of the Chief General Manager , Maintenance , BSNL , Southern Telecom Region, Chennai-32 or in case his designation is changed or his office is abolished then in such cases to the sole arbitration of the Officer for the time being entrusted (whether in addition to his own duties or otherwise) with the functions of the Chief General Manager , Maintenance , BSNL , Southern Telecom Region, Chennai 32 or otherwise) by whatever designation such an


31

officer may be called ( hereinafter referred to as the said officer) and if the Chief General Manager , Maintenance , BSNL , Southern Telecom Region, Chennai or the said officer is unable or unwilling to act as such, then to the sole arbitration of some other person appointed by the Chief General Manager , Maintenance , BSNL , Southern Telecom Region, Chennai 32 or the said officer. The agreement to appoint an arbitrator will be in accordance with the Arbitration and Conciliation Act – 1996. There will be no objection to any such appointment that the arbitrator is BSNL / Government Servant or that he has to deal with the matter to which the agreement relates or that in the course of his duties as BSNL/ Government Servant he has expressed views on all or any of the matter under dispute. The award of the arbitrator shall be final and binding on both the parties to the agreement. In the event of such arbitrator to whom the matter is originally referred , being transferred or vacating his office or being unable to act for any reasons whatsoever such Chief General Manager , Maintenance, BSNL, Southern Telecom Region, Chennai 32 or the said officer shall appoint another the parties to the agreement. In the event of such arbitrator to whom the matter is originally referred , being transferred or vacating his office or being unable to act for any reasons whatsoever such Chief General Manager ,Maintenance, BSNL, Southern Telecom Region, Chennai 32 or the said officer shall appoint another person to act as arbitrator in accordance with terms of the agreement and the person so appointed shall be entitled to proceed from the stage at which it was left out by his predecessors.

14.2 The arbitrator may from time to time with the consent of parties enlarge the time for making and publishing the award . Subject to aforesaid Arbitration and Conciliation Act – 1996 and the Rules made there under , any modification thereof for the time being in force shall be deemed to apply to the arbitration proceeding under this Clause.

The Venue of the arbitration proceeding shall be the Office of Chief GeneralManager, STR, BSNL, 11 Ganapathy colony, Chennai-32 or such other places as the Arbitrator may decide. The language(s) to be used in any arbitral proceedings shall be English.

15. SET OFF:

Any sum of money due and payable to the supplier ( including Security Depositrefundable to him) under the contract may be appropriated by the Purchaser orBSNL or any other person or persons contracting through the BSNL and set offthe same against any claim of the Purchaser or BSNL or such other person orpersons for payment of a sum of money arising out of this contract or under any other contract made by the supplier with the Purchaser or BSNL or such other person or persons contracting through BSNL.

16. The bidders who are given purchase orders, must give the details of the supplies made against all the Purchase orders every month on the first working day of the following month to the Divisional Engineer (MM).


32

17. The bidder should furnish the name of his collaborator (if applicable), brand name, model no. and type of the products offered in this tender. The technical literatures of the products should also be submitted. No change in either technology or product shall be permitted after opening of bids.

18. Fall Clause

18.1 The Prices once fixed will remain valid during the scheduled delivery period except for the provisions in clause 6.1 of Section III. Further, if at any time during the contract(a) It comes to the notice of the Purchaser regarding reduction of price for

the same or similar equipment/service.And/or

(c) the prices received in new tender for the same or similar equipment / service are less than the prices chargeable under the contract.

The purchaser for the purpose of delivery period extension, if any will determine and intimate the new price, taking into account various related aspects such as quantity, geographical location etc., and the date of its effect for the balance quantity/service to the vendor. In case the vendor does not accept the new price to be made applicable during the extended delivery period and the date of its effect the purchaser shall have the right to terminate the contract without accepting any further supplies. This termination of the contract shall be at the risk and responsibility of the supplier and the purchaser reserves the right to purchase the balance unsupplied quantity/service at the risk and cost of the defaulting vendor besides considering the forfeiture of his performance security.

18.2 (a)The vendor while applying for extension of time for delivery of Equipment /services, if any shall have to provide an undertaking as “We have not reduced the sale price, and/or offered to sell the same or similar equipment/service to any person/organization including Department of central/state government or any central/state PSU at a price lower than the price chargeable under the contract for scheduled delivery period”.

(b) In case undertaking as in Clause (a) is not applicable, the vendor will givethe details of prices, the name(s) of purchaser, quantity etc., to the purchaser, while applying extension of delivery period.

19 Court Jurisdiction

(i).Any dispute arising out of the tender/bid document/evaluation of bids/issueof APO shall be subject to the jurisdiction of the competent Court at the placefrom where the NIT/tender has been issued.


33

(ii) where a contractor has not agreed to arbitration, the dispute/claims arisingout of the contract/PO entered with him shall be subject to the jurisdiction ofthe competent Court at the place from where contract has been issued.Accordingly, a stipulation shall be made in the contract as under.

“This Contract is subject to jurisdiction of Court at Chennai only.

18 Exit Clause.

BSNL reserves the right to terminate RIM service contract by giving advance notice of 3 months without assigning any reason


34

SECTION IVSPECIAL CONDITIONS OF CONTRACT

The special conditions of contract shall supplement the ‘Instructions to the Bidders’ as contained in Section II & “General (Commercial) Conditions of the Contract” as contained in Section III and wherever there is a conflict, the provisions herein shall prevail over those in Section II and Section III.1. It is a Non-exclusive agreement.2. Any change in scope of work, or necessities’ additional work, than signed off,due to change in terms of trade, as mutually agreed upon, shall be paid additionally3. The BSNL reserves the right to withhold or delay the Payment forthe RIM Service Providers in case of any pending disputes in matters relating toRIM Services.4. The BSNL’s decision will be final on all matters relating to the business andwill be binding on the RIM Service Provider.5. It will be the BSNL’s endeavour to make the payment to the RIM ServiceProviders as per schedule, however this may stretch beyond the scheduled timeonly in case of delays in getting claims from the RIM Service Providers or in caseof incorrect claims.6. The payment to the RIM Service Providers will be made through a cheque/e payment after deducting applicable taxes.7. All taxes present & Future additional, taxes/ Lessees / duties etc thus may belevied by the Govt. / Local authorities etc. will be to the RIM Service Providers a/c.8. The RIM Service Provider will report to GM MPLS Southern Telecom Region,BSNL, Bangalore or the nodal officer appointed by him/her.9. The RIM Service Provider shall comply with all applicable laws, bye Lawsrules, regulations, orders, directions notifications etc of the Govt./ Court /Tribunals and shall also comply with all directions issued by BSNL and provideBSNL with all information and cooperation that BSNL may reasonably require fromtime to time.10. The RIM Service Provider has to fully cooperate with BSNL to investigate anycomplaint from the public.11. The RIM Service Provider shall be liable for all payments of wages, Salary,etc. to its employees & shall comply with all statutory laws, rules, relating toemployment, wages, PF, ID act etc.12. The RIM Service Provider shall fully indemnify & hold BSNL harmless from andagainst all claims, Liability, Losses or damages recoveries, proceedings,actions, Judgment costs, charges & expenses which may be made or broughtor commences against the BSNL or which the BSNL may or may have to bear,pay or suffer directly or indirectly in connection with any breach RIM ServiceProvider’s agreement by RIM Service Provider or its agents, employees, offices.Signature of the bidder with seal


35

13 BSNL shall not be liable for any act of commission or omission of any third party.

14. The RIM Service Provider shall pay all dues & outstanding to BSNL during theCurrency of assessment or on termination of the agreement as the case may,even if any dispute is pending between the RIM Service Provider& BSNL. Thesame shall be adjustable by the CGM or official appointed by CGM.

15. The RIM Service Provider will have to abide by the policy rules, regulations &Instructions of BSNL as revised/ modified from time to time, without any prior notice to the RIM Service Provider in respect of all matters including security deposit/ PBG, Discount payable to the RIM Service Provider etc.

16. The services rendered by RIM Service Provider under this tender shall conform tothe standards followed for Remote Infrastructure Management Services.

17. RIM Service Provider is supposed to have a direct link of adequate capacity in their NOC avoiding Extranets at their own cost for monitoring the services.

18. RIM Service Provider will have only access to the extent desired by the BSNL / Customers and they must ensure no untoward activities are done from their center on the customer network.

19. BSNL and RIM Service Provider will jointly address the network requirementsof the customer along with any other services required by the customer. RIMService Provider will adhere to SLA, which BSNL has offered to its customers.

20. The terms and conditions of the Agreement are subject to modification by mutual agreement based upon the request of either party. In case of no agreement being reached in such cases, BSNL reserves the right to terminate the agreement as per the provisions of this agreement.

21. Any sum of money due and payable to the RIM SERVICE PROVIDER shall be appropriated by BSNL and the same may be set off against any claim of BSNL for payment of a sum of money arising out of this Agreement or under any other Agreement / contract made by the RIM SERVICE PROVIDER with BSNL.

22. The liability to insure the merchandise, if any, in the outlet(s) and in the possession of the RIM SERVICE PROVIDER will be of the RIM SERVICE PROVIDER and the liability for any loss or damage due to any fire, burglary, theft, etc. will be that of the RIM SERVICE PROVIDER.

23. BSNL shall have no liability or obligation for any State or Local Govt. Levies /Taxes for providing services by RIM SERVICE PROVIDER under this Agreement.

24. The specific decisions so taken by the BSNL is for a particular case only andthe RIM Service Provider is not authorized to quote the same to other partiesunless and until the same has been authorized by BSNL.


36

SECTION V

SCOPE OF WORKAnd

Technical specification of the services to be offered

The Scope of the work (indicated in diagram below) would be the ownership andresponsibility for the RIM provider to manage & deliver the uptime SLA. The RIMService provider will liaise and co-ordinate with all agencies responsible for deliveringthe services to customers across INDIA within this scope.

1. Through RIM Services BSNL intends to provide a single point contact to thecustomer and round the clock booking and coordination for restoration offaults with respective authorities within or outside BSNL.

2. Network monitoring will be done in a proactive way. Through RIMBSNL intendsto show proper working of circuit.

3.1 RIM Service Provider will coordinate with BSNL NOC / field units and get thefaults cleared on highest priority.

3.2 RIM Service Provider will coordinate with field units and get the repeated faultscleared on highest priority and minimize the occurrence of repeated faults.

4.1 RIM service provider will help BSNL Account Manager for all issues and acts asthe Single Point of Contact (SPOC).

4.2 In case a Back up link is provided by BSNL for any link, the back up link forms part of the main link and RIM service provider shall monitor the backup link also and If the back up link fails ,pursuing for restoration and resolution shall be responsibility of RIM service provider without extra cost. Back up link Uptime shall be included for SLA calculations


37

4.3 In case of failure of main links (due to cable faults) RIM service provider shall assist and co-ordinate with customer to avail alternative services (CDMA,WIMAX,VSAT) for continuity in services.

5. RIM service provider will offer docket booking via phone ,e-mail and portal .On customer providing complete fault details required, the response time for providing docket number to customer will be immediate in case of phone and portal & 30 minutes for email reported faults.

6. The closure of docket will always be informed to the customer. When the docket is closed on rectification or customer end problem the mail will have full details.

7. RIM service provider is acting as a front end to the customer on behalf of BSNL,Which is doing proactive monitoring of the circuits of customer. Their job is tocoordinate with the direct person concerned responsible for restoration of fault and get the job done.

8. RIM service provider must have a database of all responsible persons for services.

9. A proper record / tracking arrangement are required to be done.

10. The RIM provider shall offer professional services or other management servicesSuch as On-Site Manpower availability, Customer LAN Management, SecurityManagement Services, Maintenance Contract for Network devices like router, firewall etc to customers on extra cost basis if required and specified by BSNL/ Customer/ Agreement. However the RIM service provider may provide these other services which are beyond scope of this tender, by having direct negotiation with the customer.

11. Deliverables of Network Management Services –

The Management Activities shall enable BSNL to MANAGE its RIM customersexisting network comprising of the MPLS VPN/MLLN/Non-MLLN / VPNoBB / CDMA/VSAT Link & CPE (Router/L3 switch) etc.,, MONITOR the performance of the network as per the patterns / reports defined, RECOMMEND the methods of improving the performance and security from time to time and ENGINEER the network to meet the periodic requirements of BSNL.

11.1 BSNL customers may have a network across the country. RIM SERVICEPROVIDER shall liaison with Customer/BSNL / MTNL / SI/ any other serviceprovider to resolve link /CPE faults.

11.2 RIM SERVICE PROVIDER will carry out 24x7 monitoring of network to detectand resolve faults.

11.3 RIM SERVICE PROVIDER will keep track of trouble tickets till closure and shall coordinate with field link maintenance and hardware maintenance organizations.


38

11.4 RIM SERVICE PROVIDER shall provide maintenance software upgradeswhich are supplied free of cost by the OEM in all network equipment as perrequirement. RIM Service provider shall offer feature upgrades to the softwareas required at a cost.

11.5 RIM SERVICE PROVIDER shall document network topology, inventory, IPaddress scheme, routing policy etc.

11.6 RIM SERVICE PROVIDER shall take the quarterly backup of Device Configuration and keep in central repository for at least three years.

11.7 RIM SERVICE PROVIDER shall provide visibility into BSNL’ network through SLA View for online monitoring of the SLA with respect to each site and each link.

11.8 Customers may procure additional MPLS Link / VPNoBB /MLLN link/Non-MLLN link/ CDMA link/VSAT etc., from BSNL. RIM SERVICE PROVIDER shallassist BSNL in this activity.

12. In line with the above management model the RIM SERVICE PROVIDER shallprovide and station the adequate manpower at RIM SERVICE PROVIDER NOC. The Engineers, Supervisors, Operators and Helpdesk representatives shall be adequately placed to take care of the commitments and targets specified and man the NOC on a 24*7*365 basis.

13. SLA Management: - The Service shall offer guaranteed availability on thenetwork through Device Management, Telco Management and enhancedreporting on the network health and Service Levels. The key deliverables are:

14. Bandwidth Management: - RIM SERVICE PROVIDER shall provide DETAILED BANDWIDTH ANALYSIS services. This being a critical service for the customer, the data would be used extensively by BSNL to provide value additions / suggestions to the customers. (For Premium SLA customers)

15. Traffic Shaping and Prioritizing: - RIM SERVICE PROVIDER would berequired to implement Quality of Service (QoS) policies on the network andRouter configuration as and when desired by BSNL/ Customer. The RIMSERVICE PROVIDER may do the Policy formulations remotely from NetworkOperations Center. However, the RIM SERVICE PROVIDER, under nocircumstances, shall honour a change request put by people, other than thoseauthorized by BSNL/Customer. RIM SERVICE PROVIDER shall provide detailsof its change request processes in place at their Network Operations Center. (For Premium SLA customers)

16. Network Base lining / Asset Management: - RIM SERVICE PROVIDER shallprovide useful data by Base lining the network parameters to keep track of the network performance. The baseline shall provide the basis for all subsequent comparison. RIM SERVICE PROVIDER should establish an accurate picture of traffic utilization through Customer/BSNL network and provide data for evaluating the growth of network traffic over time and estimating bottlenecks. Baseline reporting shall be done on a quarterly basis. The RIM SERVICE PROVIDER shall do asset management for WAN equipments using Customers/BSNL’s Software as per existing setup.

Signature of the bidder with seal.

39

17 TECHNICAL SPECIFICATIONS OF THE SERVICES TO BE OFFERED

17.1 Service level reports should be available on-line to review the uptime. The SLAreports shall show the Actual vs. Committed uptime.

17.2 RIM Service Providers shall provide all necessary assistance including liaisonwith MTNL / BSNL or other service providers.

RIM service provider has to peruse with the relevant agencies to maintainthe uptime of Routers and Modems wherever required.

18. The Network Operations Center of the RIM SERVICE PROVIDER will beconnected with BSNL/Customers NOC or Office, through internet / dedicated link/VPN.

19. Software / Tools Specifications - The following tools should be available atthe RIM Service Provider NOC in order to provide network management services to Customer/BSNL. The RIM SERVICE PROVIDER must strictly comply with the desired reporting as mentioned below the tools implemented by the RIM Service Providers should must provide the desired reports, Alerts probe etc. as mentioned below. All the tools offered by the Bidder shall be of his own (licensed on bidder’s name.) and not from any other Joint Venture / third party. RIM SERVICE PROVIDER shall note that, for compliance to this section the RIM Service Provider shall be using the licensed copy of the Software and all the development, deployment, Management, Upgrades etc has to begoverned by the RIM SERVICE PROVIDER.

20.1 Network Management Tools.

20.2 Service Desk

20.3 Help Desk directly integrated with Network Management Software, with anability to generate trouble tickets through the Help Desk wheneverNetwork Management Software receives a qualified alert. When NetworkManagement Software detects that the fault has been restored then thehelpdesk should be notified by the NMS, to reflect the status in the troubleticket. History of the trouble ticket should be maintained for viewing.

20.4 Reporting Portal – Should be a single window web based portal which shouldcombine reports from all the above tools in a single window and should have astrong user base.

20.5 RIM SERVICE PROVIDER shall provide the following details about the tools attheir NOC.

20.5.1 Version No.

20.5.2 Software Subscription Reference


40

20.6 Reporting - Web Based Reporting: All the reports need to be provided througha web interface accessible through Internet using unique ID and password.Following are the reports that are required for monitoring fault and performanceof the network:

20.7 Data aggregation policy: Data should be stored as:20.7.1 One hour intervals for up to three months20.7.2 One day intervals for up to six months and20.7.3 One week intervals for beyond six months20.7.4 Selection of the Time duration for viewing a particular report – today,

yesterday, weekly or monthly.20.7.5 Graphs for utilization, response and CRC errors should display three lines on

Minimum, Average and Maximum.20.7.6 Separate graphs for Inbound and Outbound20.7.7 Link Availability20.7.8 Alerts for loss of Availability20.7.9 Historical trending for Availability20.7.10 Top and Bottom N graphs showing the best and worst links in terms of

availability20.7.11 Bandwidth utilization – inbound and outbound20.7.12 It should have provisions for displaying the minimum, maximum and average for

each data point.20.7.13 Bandwidth utilization should be reported on a per link basis, including at the

sub- interface level. (For Premium SLA customers)20.7.14 Provisions for setting thresholds and getting alerts on threshold violations

should be there in the system.20.7.15 Utilization should be shown as Kbps / Mbps or as a percentage of the

bandwidth capacity of the link.20.7.16 Latency between sites:20.7.16.1Report on latency due to network parameters closely linked to reach ability shall

be available.20.7.16.2Provisions for setting thresholds and getting alerts on threshold violations

should be there in the system. Also, a history of all threshold violations should be stored and displayed on demand.

20.7.17 Router Statistics: (For Premium SLA customers)20.7.17.1CPU Utilization and free memory reports of all the routers in the network

should be available. It should be possible to graph the historical trend of Router parameters.

20.7.17.2Provisions for setting thresholds and getting alerts on threshold violations should be there in the system. Also, a history of all threshold violations should be stored and displayed on demand.

20.7.18 Traffic Distribution Reporting(For Premium SLA customers)20.7.18.1 Reports on various application running on the network and bandwidth

consumed by each application on the link20.7.18.2 Time duration, which can be selected, for viewing a particular report –

today, yesterday, weekly or monthly. It should be possible to see graphsfor:

20.7.18.2.1 A particular link20.7.18.2.2 All links terminating on a particular router


41

20.8 Trouble Ticketing20.8.1 The tools should be able to generate automated trouble tickets in an event of

Faults or threshold violations and escalate the same to predefined set of people across the organization and third party RIM SERVICE PROVIDER.The ticketneeds to be automatically closed as soon as fault is resolved.

20.8.2 A unique Trouble Ticket Number should be created and assigned for any fault and using the same unique no. The history of call resolution and current status must be traceable.

20.8.3 Threshold Alarms to be generated if the performance of the network degrades below a threshold value.

20.8.4 The NOC should provide an online central console for on-line real-timeMonitoring of network availability and key network parameters like utilization, errors, trouble ticket information, Service Levels etc.

20.8.5 The RIM network operation center should be able to monitor and manage network performance parameters such as round trip delay, jitter & packet loss, on the network and should generate incident alerts whenever the performance degrades below the predefined performance threshold. The reports on network performance parameters need to be provided periodically.

20.8.6 RIM SERVICE PROVIDER will provide all necessary assistance includingliaison services.

20.8.7 The items to be done at customer premises as mentioned above will be only applicable if the customer seeks the services for on-site maintenance also, in addition to standard SLA.


44

Annexure – B(Technical Specification of Tentative Customer’s End Equipments, their network on WAN(Only Indicative))[1] Router: The detailed technical specifications are as follows.

a) Port Bandwidth: CPE ports with leased line termination at speeds ranging from 64 kbps, Nx64 kbps upto 2 Mbps or more.

b) Network Protocols: The device shall support TCP and IP as per latest IETF standard.

c) Routing Protocols: Shall support static, RIP,BGP and OSPF for connecting the CPE to BSNL’s network Point of Presence.

d) Physical Interface:(i) Serial Port: One/ two with V.35/G.703 interface(ii) Ethernet Port: One / Two(iii) ISDN BRA Interface: Optional

e) Other Features: The CPE router should have following additional feature.a. SNMP support: The port connected to BSNL’s network shall support the SNMP ver .2 management and MIB (Management Information Base) so that it can be used for central monitoring by the NMS.b. Redundancy in control and power supply module. Optional

Note: The Service Provider can quote multiple models to take care of main and optional requirement.

[2] Line Driver / Modems: The detailed technical specifications are as follows.(a) Types: Following two types of modem are required.(i) Low end Modems with speed ranging from 64 kbps, nx 64 kbps to 256 kbps(ii) High end Modems with speed ranging from 64 kbps, nx 64 kbps to 2 Mbps(b) Physical Interface: V.35/G.703(c) Distance: The modems should be in a position to drive at maximum speed up to 10 km on normal cable used in BSNL network. (d) Should work with single pair cable

[3] Switch: It is layer 2 Ethernet Switch with 8/16/24 portsNote: All the three customer end components should work with standard 230 V AC available in India.

[4] PC’s / Servers

[5] RF / VSAT System in end link.

[6] Any other services required by the customers.


45

Annexure- C(PROFORMA FOR PERFORMANCE BANK GUARANTEE)

ToBSNL

In consideration of the BSNL having agreed to sign an agreement with M/s _________________ to ____________________________________________________ (hereinafter called ‘RIM Service Provider’) to supply, configure and maintain the Customer’s End Equipments, theirnetwork on WAN. for VPN services offered by BSNL (hereinafter called ‘the Service’) to BSNL subscribers as per the agreement No._____________________________________(hereinafter called ‘the said agreement’) on the terms and conditions contained in the said agreement, which inter-alia provides for production of a Bank Guarantee to the extent of Rs_____ (in words________________________________) for the service by way of security for the dueobservance and performance of the terms and conditions of the said agreement. We ____ (indicate the name and address and other particulars of the Bank) (hereinafter referred to as ‘the Bank’) at the request of RIM Service Provider hereby irrevocably and unconditionally guarantee to BSNL that RIM Service Provider shall render all necessary and efficient services which may berequired to be rendered by RIM Service Provider in connection with and/or for the performance of the said RIM Service Provider and further guarantees that the service which shall be provided by RIM Service Provider under the said agreement, shall be actually performed in accordance with terms & conditions of RIM Service Provider to the satisfaction of the BSNL.

2. We, the Bank, hereby undertake to pay BSNL an amount not exceeding Rs. ……(Rupees ……only) against any loss or damage caused to or suffered or would be caused to or suffered by BSNL by reason of any breach by the said RIM Service Provider of any of the terms and conditions contained in the said agreement including failure to extend the validity of this guarantee or to give a fresh guarantee in lieu of the existing one.

3. We, the Bank hereby, in pursuance of the terms of the said agreement, absolutely, irrevocably and unconditionally guarantee as primary obligor and not merely as surety the payment of an amount of Rs.__________(Rupees Only) to the BSNL to secure due and faithful performance by RIM Service Provider of all his/their obligations under the said agreement.

4. We, the Bank hereby also undertake to pay the amounts due and payableunder this guarantee without any demur, merely on a demand from the BSNL statingthat the amount claimed is due by way of loss or damage caused or would be caused to or suffered by the BSNL by reason of breach by the said RIM ServiceProvider of any of the terms or conditions contained in the said agreement or by reasonof RIM Service Provider's failure to perform any of it’s obligations under the saidagreement.”


46

5 We, the Bank, hereby agree that the decision of the BSNL as to whether RIM Service Provider has failed to or neglected to perform or discharge his duties and obligations as aforesaid and/or whether the service is free from deficiencies and defects and is in accordance with or not of the terms & conditions of the said agreement and as to the amount payable to the BSNL by the Bank hereunder shall be final and binding on the Bank.

6. WE, THE BANK, DO HEREBY DECLARE AND AGREE that:(a) the Guarantee herein contained shall remain in full force and effect for a period of one and half years from the date hereof and that it shall continue to be enforceable till all the dues of the BSNL and by virtue of the said agreement have been fully paid and its claims satisfied or discharged or till BSNL satisfies that the terms and conditions of the said agreement have been fully and properly carried out by the said RIM Service Provider and accordingly discharged this guarantee.

(b) The BSNL shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said agreement or to extend time of performance of any obligations by the said RIM Service Provider from time to time or to postpone for any time or from time to time any of the powers exercisable by the BSNL against the said RIM Service Provider and to forbear or to enforce any of the terms and conditionsrelating to the said agreement and we shall not be relieved from our liability by reason of any variation or extension being granted to the said RIM Service Provider or forbearance act or omission on the part of the BSNL or any indulgence by the BSNL to the said RIM Service Provider or to give such matter or thing whatsoever which under the law relating to sureties would but for this provision, have effect of so relieving us.

(c) Any claim which we have against RIM Service Provider shall be subject and subordinate to the prior payment and performance in full of all the obligations of us hereunder and we will not without prior written consent of the BSNL exercise any legal right or remedy of any kind in respect of any such payment or performance so long as the obligations of us hereunder remains owing and outstanding.

(d) This Guarantee shall be irrevocable and the obligations of us herein shall not beconditional of any prior notice by us or by RIM Service Provider.

7. We the BANK undertake not to revoke this Guarantee during its currency except with the previous consent of the BSNL in writing.

8. Notwithstanding anything contained above, our liability, under the Guarantee shall be restricted to Rs. …… and our Guarantee shall remain in force until …. year from the date hereof. Unless a demand or claim under this Guarantee is made on us in writing within this date i.e. all your rights under the Guarantee shall be forfeited and we shall be released and discharged from all liabilities there under.

Date ………………………………Day…………………. For ……………. (Name of Bank )

In the presence of Witnesses:Signature SignatureName NameOccupation OccupationAddress AddressPlace PlaceDATE DATE


47

Annexure – D

(AGREEMENT PROFORMA)

(To be furnished on Rs.100/- stamp paper)

To be executed on non-judicial stamp worth Rs.100/- and continuation sheetson ledger papers and two copies on ordinary paper to be submitted neatly type-written sheets onone side of the paper in single line spacing.

A G R E E M E N T

AGREEMENT with M/s FOR Remote InfrastructureMaintenance of Customer’s End Equipments, their network on WAN for BSNL customers.

This agreement is signed on the by and between BHARAT SANCHAR NIGAM LIMITED, a company registered under the Companies Act 1956 having its Registered office at Bharat Sanchar Bhawan, Harish Chandra Mathur Lane, Janpath, New Delhi-110001 & Corporate office at Bharat Sanchar Bhawan, Harish Chandra Mathur Lane,Janpath, New Delhi-110001 acting through the C.G.M.Southern Telecom Region,Chennai (hereinafter called BSNL which expression shall, unless repugnant to the context, include its successors in business, administrators, liquidators and assigns or legal representatives) of the FIRST PARTY

ANDM/s , a company registered under the

Companies Act 1956, having its registered office ……………………………………..acting through Mr. / Ms. ………………………, (Designation), the authorized signatory(hereinafter called as RIM Service Provider), which expression shall, unless repugnant tothe context, include its successors in business, administrators, liquidators and assignsor legal representatives) of the SECOND PARTY.

WHEREAS

1. BSNL is a telecom service provider licensed to provide various kinds of DATASERVICES within India.

2. The BSNL is desirous of appointing RIM Service Providers for Remote InfrastructureMonitoring of Customer’s End Equipments, their network on WAN for BSNL customers. The RIM Service Provider has approached BSNL for authorizing it to act as its RIM Service Provider for Remote Infrastructure Monitoring of Customer’s EndEquipments, their network on WAN.

3. The RIM Service Provider has requested to sign an agreement for RemoteInfrastructure Monitoring of Customer’s End Equipments, their network on WAN forBSNL customers whereupon and in pursuance to the said request, BSNL has agreed tosign this Agreement with the System Integrators as RIM Service Providers for Remote Infrastructure Monitoring of Customer’s End Equipments, their network on WAN for BSNL customers as given in TENDER document.

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1. In consideration of the due observance & performance of all the terms andconditions mentioned in this agreement along with the TENDER terms andcondition issued vide number …………….., which are part and parcel of


48

this agreement, BSNL and the M/S ....................agree to sign agreement for RemoteInfrastructure Monitoring of Customer’s End Equipments, their network on WAN forBSNL customers.2. It shall be valid for a period of THREE Years from the date of signing unless revokedearlier. Further extensions will be considered as per the provisions of TENDER.3. M/s ....................and BSNL hereby agrees and unequivocally undertakes to fullycomply with all terms and conditions stipulated in agreement without any deviationor reservations of any kind, unless mutually agreed between the parties at any giventime.4. The laws of land as promulgated/modified/amended or replaced from time to timeshall govern this Agreement. BSNL reserves the right to appoint more than one RIMService Provider in this category in each circle.5. This Agreement shall not be amended or modified or altered or changed in any wayexcept in writing and duly executed by the authorized representative of each party.6. The Agreement is a confidential document. M/s ....................and BSNL shall notdivulge any part of this Agreement either through oral or written communication orthrough any other mode to any third party.7. The System Integrators as RIM Service Providers agreed to submit a Performancebank Guarantee (PBG) of Rs. (in words) as a security towards due observance and performance of terms & conditions of this Agreement.This bank Guarantee shall be valid for from the date of signing of this Agreement. The RIM SERVICE PROVIDER agrees to renew the PBG from time to time till expiry of agreement or till BSNL is satisfied that the terms &conditions of said agreement have been fully and properly carried out by the RIMSERVICE PROVIDER.Without prejudice to its rights of any other remedy, on failure of the RIM SERVICE PROVIDER to provide services under this agreement or in case of any breach in terms and conditions of the Agreement, BSNL shall encash / forfeit the said Performance bank Guarantee.8. BSNL reserves the right to provide such services on its own or to enter into Agreement with other parties / persons / RIM Service Providers for providing similar services from time to time in future without any restriction on number of persons / parties / RIM Service Providers, the RIM Service Provider shall have no objection whatsoever. RIM SERVICE PROVIDER agrees to adherence to this provision and the same is a material obligation of this Agreement.9. All terms and condition as mentioned in TENDER for vide number ……. is valid and areto be complied.IN WITNESS WHEREOF the parties hereto have caused this Agreement to beexecuted through their respective authorized representatives on the …….day of …….., 201 .Sd/-Signed for and on behalf of BSNL by…………………….

Signed on behalf of M/s ....................PRIVATE LIMITED, by Shri ……………., the authorizedsignatory .and holder of General Power of Attorney dated executed in accordance withthe Resolution dated passed by the Board of Directors of the company.In the presence of Witnesses:Signature SignatureName NameOccupation OccupationAddress AddressPlace PlaceDATE DATE


49

Annexure-E(BID FORM)

Tender No: CGM STR/MM/CNI/E-TENDER / RIM/2016–17 /03 DATED AT CHENNAI -32, THE 26-09-2016

ToThe Chief General Manager,Southern Telecom Region,Chennai-32.

Dear Sir,1. Having examined the conditions of contract as in Bid Documents and specificationsthe receipt of which is hereby duly acknowledged, we undersigned, offer to supply anddeliver --------------------------------------in conformity with the said drawings, conditions ofcontract and specifications for the sum shown in the schedule of Prices attachedherewith and made part of this Bid.2. If our Bid is accepted, We undertake to commence RIM Services as indicated in work order issued by the respective circles.3. If our Bid is accepted, we will obtain the performance guarantees of a Scheduled Bankfor a sum at 5% of the contract value for the due performance of the contract.4. We agree to abide by this Bid for a period of 180 days from the date fixed for Bidopening and it shall remain binding upon us and may be accepted at any time before theexpiration of that period.5. Until a formal Purchase Order or contract is prepared and executed, this Bid togetherwith your written acceptance thereof in your notification of award shall constitute abinding contract between us.6. Bid submitted by us is properly sealed and prepared so as to prevent any subsequentalteration and replacement.7. We understand that you are not bound to accept the lowest or any bid, you mayreceive.8. We have read and understood all technical and commercial conditions of the biddocument and accepted them unconditionally.

Dated this ………………………………. Day of …………………………Name & Signature : ………………………………………………………………..In the capacity of: ……………………..

Duly authorized to sign the bid for an on behalf of …………………………………………….Witness ………………………………………………..Address ………………………………………………..Signature


50

Annexure –F

(PRICE SCHEDULE)

Rates for standard SLA are being asked for. The other types of SLAs i.e. Classic & Premium weightage factor as given below shall be taken to arrive at corresponding rates.

Weightage ValueSLA – Standard 1 times = rSLA – Classic 2 times = 2*rSLA – Premium 3 times =3*rRate should be quoted in figures and words without any errors, overwriting or corrections and should include all taxes etc., Taxes will be paid based on actuals.

I/ We/ M/s ---------------------------------------- offer the price as below,

Item Rate (Rs.)

(1)

Service tax(Rs) (2)

Any other Taxes to be paid (Rs)

(3)

Total (Rs.) infigures andwords

(4)1+2+3=4

Rates per link (site) permonth with Standard SLA (r)

Signature of Authorized SignatoryCompany Seal

Note:1. For all the quoted rates & prices and the numbers used during the process

defined above, only two digits after decimal will be considered for calculation purposes and the same will be subject to standard rounding rules.

2. Taxes will be paid based on actual and as per rule.

3. At times BSNL may offer SLA to customers without charging any additional amount but may utilize RIM services. Such cases will normally be treated as Standard cases and the rates approved for the same will be applicable. If BSNL specifies such cases to be monitored as per parameters of Classic or Premium then in those cases the classic or premium approved rates will be applicable.

4. At times BSNL may offer customized SLA to customers, which are not as standard, Classic or Premium. In such cases the rate of equivalent just lower SLA i.e. of standard/classic/premium will be taken. Equivalency shall be decided on service window parameter.

5 Any taxes to be paid by the supplier which is payable by the purchaser , for which proof of payment to be attached while submitting the bill.


51

Annexure-G(BID SECURITRY FORM)

Whereas .................................. (hereinafter called “the Bidder”) has submitted itsBid dated............for the supply of ........................ vide Tender No……………………dated............ KNOW ALL MEN by these presents that WE ....................... OF.................... having our registered office at .................(hereinafter called “the Bank”)are bound unto Bharat Sanchar Nigam Limited (hereinafter called “the Purchaser”) inthe sum of Rs.................... for which payment will and truly to be made of the saidPurchaser, the Bank binds itself, its successors and assigns by these present.

THE CONDITIONS of the obligation are:1. If the Bidder withdraws his bid during the period of bid validity specified by the

Bidder on the Bid form or2. If the Bidder, having been notified of the acceptance of his bid by the

Purchaser during the period of bid validity

(a) fails or refuses to execute the Contract, if required; or(b) fails or refuses to furnish the Performance Security, in accordance

with the instructions to Bidders.

We undertake to pay to the Purchaser up to the above amount upon receipt of its firstwritten demand, without the purchaser having to substantiate its demand, provided that in its demand, the purchaser will note that the amount claimed by it is due to it owning to the occurrence of one or both of the two conditions, specifying the occurred condition or conditions.

This guarantee will remain in force as specified tender document upto and includingTHIRTY (30) days after the Period of bid validity and any demand in respect thereofshould reach the Bank not later than the specified date/dates.

Signature of the Bank Authority Name

Signed in Capacity of

Name & Signature of witness Full address of Branch

Address of witness Tel No. of Branch

Fax No. of Branch

Name of bidder Signature of bidder

As a token of acceptance of all Clauses.


52

Annexure-H

LETTER OF AUTHORISATION FOR ATTENDING BID OPENING(To reach DE MM before date of bid opening)

To

DE MM, O/o Chief General Manager Maintenance,Southern Telecom Region Circle,Bharat Sanchar Nigam Limited,No.11, Link Road, Ganapathy Colony., Guindy,Chennai-32

Subject: Authorization for attending bid opening on ( date) in the Tender of_______________________________________________________________

Following persons are hereby authorized to attend the bid opening for the tender mentioned above on behalf of ______________________________________________(Bidder) in order of preference given below.

Order of Preference Name Specimen SignaturesI.II. AlternateRepresentative

Signatures of bidder OrOfficer authorized to sign the bidDocuments on behalf of the bidder.

Note : 1. Maximum of two representatives will be permitted to attend bid opening. In cases where it is restricted to one, first preference will be allowed. Alternate representative will be permitted when regular representatives are not able to attend.

2. Permission for entry to the hall where bids are opened may be refused in caseauthorization as prescribed above is not recovered.

***

Name of bidder Designation Signature of bidder

As a token of acceptance of all Clauses.
