bharat broadband network limited

BHARAT BROADBAND NETWORK LIMITED

(A Government of India Enterprise)

Tender No. BBNL/MM/2017/ Last Mile Access/005

issued on 26/12/2017

BID DOCUMENT

Selection of Implementing Agency for provisioning of last

mile access and Broadband services through Wi-Fi or

any other suitable Broadband Technology at the Gram

Panchayat level

December 2017

Bharat Broadband Network Limited Corporate Office

3rd Floor, CDOT Campus, Mandi Gaon Road, Chhatarpur New Delhi – 110030 FAX: 011- 26809777

Visit us at : www.bbnl.nic.in

Draft RFP – BharatNet Wi-Fi

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Contents

BHARAT BROADBAND NETWORK LIMITED ................................................................................ 0

(A Government of India Enterprise) ................................................................................................... 0

Bharat Broadband Network Limited .................................................................................................. 0

Introduction .......................................................................................................................................... 3

Program Objectives .............................................................................................................................. 3

Section A: Notice Inviting Tender ...................................................................................................... 4

Section I: Definitions ........................................................................................................................... 7

Section II: Scope of Work .................................................................................................................. 10

Section II A: Scope of Work during Implementation Period ................................................... 10

Section II B: Scope of work during Operations and Maintenance Period .............................. 12

Section II C: Use of BharatNet bandwidth ................................................................................. 15

Section II D: Periodic Audits of tools at Implementing Agency’s NOC .................................. 15

Section III: Eligibility Criteria .......................................................................................................... 17

Section IV: Implementing Agency Selection Procedure ............................................................... 19

Section V: Work Allocation and Implementation .......................................................................... 21

Section V A: Work Allocation and Implementation Timelines ................................................ 21

Section V B: Program Duration and Extension ......................................................................... 21

Section VI: Payment Terms .............................................................................................................. 23

Section VII: Service Level Agreements ........................................................................................... 25

Section VIII: Functional Specifications .......................................................................................... 27

Section IX: Technical Specifications ............................................................................................... 29

IX. A:1 Minimum Technical specifications for Wi-Fi Access Point (Outdoor) equipment: . 29

IX. A:2 Minimum Technical specifications for Wireless Broadband Equipment: ................ 30

IX. B: Technical specification for Security of the System ......................................................... 30

IX. C: Technical specifications for Intrusion Detection and Prevention for the System ..... 30

IX. D: Technical Validation and Quality Assurance of Wi-Fi Access Points/ Broadband

equipment ....................................................................................................................................... 31

Section X: Acceptance Testing ......................................................................................................... 33

Section XI: Utilization and Marketing of Services......................................................................... 34

Section XII: Exit Management ......................................................................................................... 35

Section XIII: General Terms and Conditions of the Contract ...................................................... 36

Annexure A – Population wise active users, access points and bandwidth requirement ........ 57


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Annexure B: Proposed Packages for execution of Program ......................................................... 58

Annexure C: Bid Submission Checklist ........................................................................................... 60

Annexure D: Bid Form ...................................................................................................................... 61

Annexure E: Bid Security Form ....................................................................................................... 62

Annexure F: Performance Bank Guarantee .................................................................................... 63

Annexure G: Letter of Authorisation for attending Bid Opening ................................................ 65

Annexure H: Format of Integrity Pact ............................................................................................ 66

Annexure I: Proposed services from Common Services Centres................................................. 71

Annexure I A: Background ............................................................................................................ 71

Annexure I B: Proposed scope of work of CSC for Wi-Fi/ Broadband support services ...... 71

Annexure I C: Applicable Rates for services provided by CSC: ............................................... 73

Annexure J: Table for Calculation of EMD amount: ..................................................................... 74


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Introduction Internet access to the rural citizen of India would be a critical milestone towards the overall objective of Digital Inclusion of the Government of India. Accessibility to internet and basic data services is not only expected to empower the population living in rural areas, but it will also be expected to act as a strong catalyst to economic growth and prosperity. Effective delivery of government services, access to educational content, digital payments and a strong boost to village level entrepreneurship are some of the benefits which can be achieved by providing internet services in such rural areas. With the above guiding principle, this document intends to outline a high level approach for implementation of Wi-Fi hotspots or any other suitable broadband technology at every Gram Panchayat covered under the BharatNet program of Bharat Broadband Network Limited, funded by Universal Service Obligation Fund, Department of Telecommunications, Ministry of Communications, Government of India. This document is intended to be used as an input to the tendering process by BBNL for selection of implementation agencies for execution of Wi-Fi hotspots or any other suitable broadband technology across all Gram Panchayats under BharatNet Program.

Program Objectives Bharat Broadband Network Limited (BBNL) is the agency entrusted with the execution of BharatNet Project on behalf of Government of India funded by Universal Service Obligation Fund, Department of Telecommunications (USOF). The objective of BharatNet is to connect 2, 50, 000 Gram Panchayats (GPs) of the country through optical fibre cable (OFC) or wirelessly in cases where OFC reach is not possible. The objective is to provide non-discriminatory access to all service providers who would then provision internet at all GPs to ensure effective delivery of government programs and also drive the economic growth at the GP level. BharatNet project has been divided into two phases – covering 1, 00, 000 GPs in Phase I and 1, 50, 000 GPs in Phase II. The execution of BharatNet Phase I project is under progress and BharatNet Phase II is being initiated. The endeavor is not only to create the network infrastructure at the GPs but to also enable affordable last mile access to the village population. Provisioning of community Wi Fi services or any other suitable broadband technology across all the Gram Panchayats is envisaged as an intended outcome of the BharatNet project and hence BBNL on behalf of Government of India invites proposal from bidders for implementation of the Wi-Fi hotspot services or any other broadband technology across all Gram Panchayats covered under BharatNet Project Phase I and Phase II. It is intended to provide the viability gap fund to prospective implementation agencies as an incentive to setup Wi-Fi Services or any other suitable broadband technology at these Gram Panchayats and encourage consumption of internet by the population. In addition to obvious benefits to the village population as a result of affordable internet access, it also provides an opportunity to the implementation agencies to tap into the huge potential these unserved areas offer.


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Section A: Notice Inviting Tender

BHARAT BROADBAND NETWORK LIMITED

(A Government of India Enterprise)

Corporate Office 3rd Floor, CDOT Campus, Mandigaon Road, Chhattarpur, New Delhi-110030

Tender No: BBNL/MM/2017/ Last Mile Access /005 Dated: 26/12/2017

On behalf of Chairman and Managing Director, Bharat Broadband Network Limited,

online digitally sealed open tenders, on rupee payment basis, are invited from the Bidders in

the tendering process through Request for Proposal (RFP) No.- BBNL/MM/2017/ Last

Mile Access/005 dated 26/12/2017 for “Selection of Implementing Agency for

provisioning of last mile access and Broadband services through Wi-Fi or any

other suitable Broadband Technology at the Gram Panchayat level under Work

Package(s)”, hereinafter to referred to as “Program”.

2. Accessibility of Tender Document: The tender document to participate in e-Tender shall be available for downloading from 26th December 2017 at 17:00 Hours onwards from https://www.tcil-india-electronictender.com. This link can also be visited from the website of BBNL (http://www.bbnl.nic.in). The Tender document shall not be available for download on or after its submission/ closing date.

3. DD/Bankers Cheque of an amount of INR 11,200/- (Rupees Eleven Thousand Two Hundred only) including GST, in favour of Bharat Broadband Network Limited, New Delhi, drawn on any scheduled bank and payable at New Delhi, shall have to be submitted towards cost of the tender along with the tender bid, failing which the tender bid will be rejected.

4. Sale of hard copy of Tender document: As BBNL has decided to use process of e-tendering for inviting this tender, hence the hard copy of the tender will not be available for sale.

5. Bidder shall submit its bid for any or all the work packages in a single bid form as per Annexure D of this RFP.

6. The bids shall be opened in two stages. During the first Tender Opening Event (TOE),

only the Technical-Part of the bids shall be opened. Subsequently, the Financial-Part of those bids which are found to be techno-commercially responsive shall be opened during another Tender Opening Event (TOE).

7. Eligibility Criteria: - Please refer Section III of this RFP.

8. Bid Security: The bidder shall furnish the Bid Security for individual packages as per Annexure-J of the Tender Document, in one of the following ways-

a) Demand Draft/Banker’s cheque in favour of Bharat Broadband Network Limited payable at New Delhi and drawn on any scheduled bank.

b) Bank Guarantee in the format given in Annexure E of the tender document in favor of CMD BBNL, New Delhi from any scheduled bank , and valid for 180 days from the date of opening of the tender.

https://www.tcil-india-electronictender.com/

http://www.bbnl.nic.in/


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c) Tender documents shall be issued to MSE bidders free of cost. Before issue of such documents free, the bidders have to submit details of their registration with the appropriate authority for the tendered item. Their eligibility as per the terms and conditions of the tender in question would also be examined, and if they meet the conditions stipulated, they may be issued the documents free.

9. Last Date & Time of Submission of Tender Bid: 01/02/2018 by 15:00 Hrs. In case the date of submission (and opening) is declared to be a holiday, the date of submission and opening of bid will get shifted automatically to next working day at the same scheduled time. Any change in bid opening date due to any other unavoidable reason will be intimated to all the bidders separately.

10. Opening of Tender Bids: At 15:30 Hrs of this tender closing date i.e. 01/02/2018

11. Place of opening of Tender bids: BBNL has adopted e-tendering process which offers a unique facility for ‘Public Online Tender Opening Event (TOE)’. BBNL’s Tender Opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices. However, authorized representatives of bidders (i.e. Supplier organization), if desire so, can attend the TOE at , where BBNL’s Tender Opening Officers would be conducting Public Online Tender Opening Event (TOE).

12. The bidder is required to submit the tender document online at the e-tender portal. Tender bids received after due time & date will not be accepted.

13. Incomplete, ambiguous, Conditional, digitally unsealed tender bids are liable to be rejected.

14. CMD, BBNL reserves the right to accept or reject any or all tender bids without assigning any reason. He/she is not bound to accept the lowest tender.

15. The bidder shall furnish a declaration under his digital signature that no addition/ deletion/corrections have been made in the downloaded tender document being submitted and it is identical to the tender document appearing on E-tender Portal (https://www.tcil-india-electronictender.com).

16. In case of any correction/ addition/ alteration/ omission in the tender document, the tender bid shall be treated as non-responsive and shall be rejected summarily. All documents submitted in the bid offer should be preferably in English. In case the certificate viz experience, registration etc. is issued in a language other than English, the bidder shall attach an English translation of the same duly attested by the bidder & the translator, to be true copy in addition to the relevant certificate.

17. All computer generated documents should be duly attested/ signed by the issuing organization.

18. The bidder shall submit the integrity pact duly signed as per format.

19. Tentative date/time schedule for various activities is as mentioned below:

https://www.xxxxxxxxxx.com/

https://www.xxxxxxxxxx.com/


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Activity Tentative Date Time Issue of NIT 26/12/2017

Accessibility of Tender Document 26/12/2017 17:00 hrs

Pre – Bid Vendor Conference 04/01/2018 11:00 hrs

Last Date & Time of seeking clarifications 11/01/2018 17:00 hrs

Last Date & Time of Submission of bids online and Off line documents

01/02/2018 15:00 hrs

Opening of Techno- Commercial Bids 01/02/2018 15:30 hrs

CGM (MM & CM) BBNL Corporate Office, New Delhi 011-26592416, email-ID: [email protected]

mailto:[email protected]


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Section I: Definitions

(i) “DoT” means Department of Telecommunications, Ministry of Communications, Government of India, head quartered at Sanchar Bhawan, 20, Ashoka Road, New Delhi 110001.

(ii) “USOF” means Universal Service Obligation Fund, Department of Telecommunications, Ministry of Communications, Government of India, New Delhi.

(iii) “BBNL” means Bharat Broadband Network Limited, New Delhi inviting the tenders.

(iv) “BBNL Authority” means all officers in BBNL, whatever designations assigned to them from time to time, who may be in-charge of direction, supervision, testing, acceptance and testing including their successor(s) in the office appearing in various clauses shall be taken to mean BBNL.

(v) “Purchaser” means the CMD, Bharat Broadband Network Ltd. (BBNL), New Delhi.

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

(vii) “Consultant”: BBNL is under the process of engaging services of a consultant for this project, detail of consultant shall be made available in due course of time.

(viii) “Telecom Circle” means the telecom circle for which the Bidder has a valid Class A or Class B ISP license issued by the DoT.

(ix) “Successful Bidder (s)” means the bidder(s) to whom work in this tender is approved or decided to be awarded.

(x) “Program” means the program conceptualized and tendered for by BBNL for selection of ISPs and allocation of work for provisioning of Wi-Fi Services and creation of Wi-Fi hotspots or any other suitable broadband technology at the Gram Panchayat level under the Telecom Circle.

(xi) “Project Area” means all Gram Panchayats within the work package for which the work order is to be allocated to the Successful Bidder.

(xii) “Contractor” or “Implementing Agency” means the Successful Bidder who has been awarded the execution of Program for a particular Project Area and shall include such contractor’s legal representatives, successors and permitted assigns.

(xiii) “Goods” means all the equipment, machinery, and/or other materials which the Contractor is required to supply to the Purchaser under the contract.

(xiv) “Works” means the work allocated to the Contractor for implementation of Program at each Project Area within the Telecom Circle/work package as per scope of work provided in this RFP. The expression “works” or “Work” shall, unless there be something either in the subject or context repugnant to such construction, be construed or taken to mean the works by or by virtue of the contract, contracted to be implemented and whether original, altered, substituted or added to the original work.

(xv) “Wi-Fi Services” means all activities required to provide non-discriminatory access to internet to the general population of Project Area through creation of Wi-Fi hotspots for completion of Works as specified in this RFP.

(xvi) “Advance Work Order” or “Letter of Intent” means the intention of Purchaser or Employer to place the Work Order on the Successful Bidder.

(xvii) “Contract” means, the documents forming the tender, request for proposal (RFP) and acceptance thereof and the formal agreement executed between the


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competent authority on behalf of BBNL and the contractor, together with the documents referred to therein including these conditions, the specifications, designs, drawings and instructions issued from time to time, by BBNL and all these documents taken together shall be deemed to form one contract and shall be complementary to one another. In the contract, the following expressions shall, unless the context otherwise requires, have the meanings, hereby respectively assigned to them.

(xviii) “Work Order” means the order placed by the Purchaser or the Employer on the Contractor or the Implementing Agency, signed by the Purchaser or Employer including all attachments and appendices thereto and all documents incorporated by reference therein for implementation of Work at each Project Area. The Work Order along with this RFP shall be deemed as part of the Contract.

(xix) “Contract Price” or “Project Cost” means the price payable to the Contractor or contractor under the Work Order for the full and proper performance of its contractual obligations.

(xx) “Validation” is a process of testing the equipment for assessing its conformity to Technical Specifications and the Generic Requirements by BBNL. Validation is carried out in simulated field environment and includes stability, reliability and environmental tests, and may include field testing as well.

(xxi) “Telecom Service Provider” means any Telecom operator in India, who is licensed by the DoT to provide telecom services to the general public or to the other DoT licensed Telecom operators.

(xxii) “Internet Service Provider” means any bandwidth or internet services operator in India, who is licensed by the DoT to provide bandwidth or internet services to the general public or to the other DoT licensed bandwidth or internet services operators.

(xxiii) “Schedule(s)” referred to in these conditions shall mean the relevant schedule(s) or the standard schedule of rates mentioned in the document.

(xxiv) “Site” shall mean the land or other places on, into or through which Works is to be executed under the Contract or any adjacent land, path or street through which the Works is to be executed under the contract or any adjacent land, path or street which may be allotted for the purpose of carrying out the Contract.

(xxv) “Normal Time” or “Stipulated Time” means time specified in the Work Order to complete the Work.

(xxvi) “Extension of Time” means the time granted by BBNL’s competent authority to complete the work beyond the normal time or stipulated time.

(xxvii) “Date of Commencement of Work” means the date of actual commencement of work or 7th day from the date of issue of Work Order, whichever is earlier.

(xxviii) “Accepted Risk” means risks under Force Majeure condition as specified in General Terms and Conditions in this RFP.

(xxix) “The Engineers–in-charge” means the competent officer nominated by BBNL to supervise the work, under the Contract.

(xxx) “Site Engineer” means a competent officer nominated by BBNL as in-charge of the work at site at any particular period of time.

(xxxi) “Inspection Circle” means A/T (Acceptance Testing) unit of BBNL. (xxxii) “A/T Officer (BBNL)” means an officer authorized by Inspection Circle,

BBNL to conduct Acceptance Testing as defined in this RFP.


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(xxxiii) “Commissioning” means successful completion of Work and Acceptance Testing and issue of commissioning memo and commencement of Wi-Fi Services or any other suitable broadband technology.

(xxxiv) “Service Level Agreement” or “SLAs” means the minimum service levels as defined in this RFP which the Implementing Agency will be required to maintain throughout the duration of the Program.


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Section II: Scope of Work The work for implementation, provisioning and maintenance of Wi-Fi Services or any other

suitable broadband technology is envisaged to be carried out simultaneously in

geographically segregated packages (refer Annexure B for package definitions). BBNL, on

behalf of USOF, intends to select agencies for executing the scope of work in each of the work

package in VGF mode.

The scope of work in each of the packages is broadly divided into two phases –

i. Implementation Phase

ii. Operations and Maintenance Phase

Scope of work during each phase is detailed below, which needs to be fulfilled by the

Implementing Agency.

Section II A: Scope of Work during Implementation Period 1. Deployment of infrastructure for creating Wi-Fi hotspots or any other suitable

broadband technology and provisioning of Wi-Fi or Broadband Services at every

Gram Panchayat as per the functional and technical specifications provided in

Section VIII and Section IX of this RFP, respectively, that must include:

a. Provisioning of backhaul bandwidth using the BharatNet network at all GPs

to be covered under Phase-I and Phase-II (within 03 months of delivery of

Phase-II).

b. Erection of towers/ masts/poles for installing Wi-Fi Access Points or any

other suitable broadband technology

c. Provisioning for space and electrical power

d. Provisioning of network equipment, antennae for providing Wi-Fi Services or

any other suitable broadband technology including procurement, supply,

delivery, design, planning, installation and commissioning of all required

equipment

e. Custody of all equipment installed and commissioned for providing Wi-Fi

Services/ or any other suitable broadband technology.

2. Operations and maintenance of all hardware, software and other equipment required

for provisioning of Wi-Fi Services/ Broadband services at each Gram Panchayat

within the Project Area.


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3. The Implementing Agency must define and implement its overall solution as per the

Functional Specifications and Technical Specifications defined in Section VIII and

Section IX, respectively, of this RFP.

4. . BBNL shall provide network backhaul at a pre-defined tariff (as available on BBNL

website at URL: http://bbnl.nic.in/) to the Implementing Agency for Gram

Panchayats. BBNL shall share state wise, district wise and block wise segregation of

GPs along with information on whether covered under BharatNet Phase-I or Phase-II

during clarification stage.

5. Implementing Agency must strive to install the Wi-Fi Access Points or any other

suitable broadband technology at a location within the Gram Panchayat area with

most optimal coverage to fulfill the minimum requirement of active users as per

Annexure A of this RFP.

6. Commissioning of each Wi-Fi hotspot or any other suitable broadband technology

within the Gram Panchayat area with EMS/NMS at the centralized Network

Operations Centre (“NOC”) of the Implementing Agency. Implementing Agency

must provide a remote view (over a secured network) of all the software tools used for

monitoring of Wi-Fi/ Broadband Services from its NOC to the central network

operations control of BBNL (“BBNL NOC”). Implementing Agency shall facilitate

access of the tools and dashboards deployed for provisioning of Wi-Fi/ broadband

Services to BBNL at the BBNL NOC for monitoring of services as per SLA parameters

(Section VII of this RFP) at the Gram Panchayats commissioned by the Implementing

Agency.

7. Implementing Agency shall submit the installation details of all Wi-Fi Access Points

or any other suitable broadband technology within the Project Area which shall

necessarily include

a. Manufacturers serial numbers of all Wi-Fi Access Points/ Broadband

equipment

b. Details (make, model and serial number) of other equipment installed at the

Gram Panchayat locations like UPS, solar panels, PoE switches, etc.

c. Geo-location (coordinates) and post-installation photographs (geo-tagged) of

all Wi-Fi Access Points/ Broadband equipment


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8. Implementing Agency must also integrate its NOC with BBNL NOC using the

application program interfaces (APIs) provided by BBNL to ensure periodic (daily/

weekly/monthly) batch processing of audit logs from NOC to the BBNL NOC.

9. Setting up of an automated Authentication, Authorization and Accounting (AAA)

mechanism as per DoT guidelines and in compliance with all legal guidelines,

procedures and statutes as applicable in India for keeping records of each Wi-Fi/

Broadband Services user at the Gram Panchayat level

Section II B: Scope of work during Operations and Maintenance Period

1. Providing Wi-Fi/ broadband Services and to operate and maintain the entire

infrastructure thus created for a minimum period of four years from the date of

successful completion of Works at all Gram Panchayat areas in the Project Area.

Note: It is possible that Wi-Fi / Broadband Services at Gram Panchayats maybe

commissioned by the Implementing Agency in a phase wise manner. The four year

operations and maintenance period shall begin only once all Gram Panchayats in a

Project Area are successfully commissioned as per the Scope of Work defined in

Section II of this RFP. The Implementing Agency, however, would be required to

provide services as per the SLAs defined in Section VII of this RFP for all Gram

Panchayats from the date of raising payment request (as per Section VI of this RFP)

for completion of Works at each District.

2. Keeping user authentication and verification records as per DoT guidelines for all

users accessing the Wi-Fi/ Broadband Services on a non-SIM based device. However,

OTP (One Time Password) authentication on the registered mobile number of the

end user should be mandatory for registering non-SIM based devices into the Wi-Fi /

Broadband network.

3. The Implementing Agency must ensure that records of end users are captured on the

Customer Acquisition Forms (CAF) as per Government of India guidelines. In

addition, end users may also be registered through OTP authentication through their

existing and verified mobile number which is linked to a SIM activated through a

valid CAF. This is required to ensure users don’t need to register to the network for

every session separately and also to ensure that they can latch onto any of the Wi-Fi


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access points / Broadband equipment commissioned within the Project Area under

the Program without the need for an additional registration process.

4. The Implementing Agency must provision for local coordinators who would be

responsible to assist users in case of any difficulties in accessing the internet through

the Wi-Fi/ Broadband Services provisioned. These coordinators shall also be

responsible for first level troubleshooting in the event of disruption of services for any

reason.

5. Facilitate sale of coupons (either physical or e-coupons) for internet usage through

the Wi-Fi / or any other suitable broadband technology infrastructure thus created.

6. Ensure network uptime as per the SLA provided in Section VII of this RFP. The

Implementing Agency must ensure availability, as maybe necessary to maintain the

SLAs and accordingly provision for spare equipment to be used as replacements, as

and when required.

7. At least 2% of the overall equipment installed for Wi-Fi Services or any other suitable

broadband technology within a District must be kept as spares throughout the

Program duration in a central location at each District. For this, Implementing

Agency may provision for a store at each of the Districts within each of the work

packages.

8. Undertake operations and maintenance of the equipment to adhere to the SLA

commitments as detailed in Section VII of this RFP including firmware/ software

updates, fault resolution, etc.

9. Create an active user base using the Wi Fi Services and undertake effective measures

to add on new users. Implementing Agency will have to maintain a minimum active

user base, as also mentioned in the payment terms in Section VI of this RFP.

10. Generation and submission of the following reports on a monthly basis (latest by the

7th day of the subsequent month) through the EMS/NMS at the NOC (and made

available to the BBNL NOC) :

a. Bandwidth configured and utilization report at each Wi-Fi access points/

Broadband equipment


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b. Equipment uptime at each Wi-Fi hotspot/ Broadband equipment and its

access points/ equipment

c. List of registered and active user base along with their average bandwidth

consumption and with GP wise and District wise summary reports

d. Total aggregate bandwidth consumed per month per Gram Panchayat and per

District

e. Sale of coupons per month along with coupon value, user details, data usage

validity, date of purchase and coupon expiry date

f. Incidence report by end consumers due to non-availability of internet through

the Wi-Fi or any other broadband technology infrastructure thus created

g. Customizable MIS reports on the above for on demand access by BBNL

officials or any other personnel thus appointed by BBNL

h. AAA Performance Report

11. Provide assistance to the local population for using the Wi-Fi or any other broadband

Services. The Implementing Agency must ensure presence of one operations

executive at all Gram Panchayat areas for resolving issues with access and usage of

the Wi-Fi/ broadband Services. Implementing Agency must also deploy one

supervisory level personnel at each District level who would be responsible for

resolving such issues in the event of unavailability of the operations executive in the

Gram Panchayats under the respective District. The name and active/ working

mobile phone number of both the operations executive and the supervisor must be

prominently displayed at the point of sale of coupons. The operations executives’ and

supervisors’ details must also be provided through a link prominently displayed on

the web portal for user registration (as specified in Section VIII of this RFP).

Implementing Agency may use the services of Common Services Centres (CSC), a special

purpose vehicle under Ministry of Electronics and Information Technology (MEITY),

Government of India for providing services on need basis as defined in Annexure I of this

RFP. The Implementing Agency may use the services of CSC for effective delivery of Wi-Fi /

Broadband Services at the Gram Panchayat level. Section I of this RFP provides the reference

terms of association between the Implementing Agency and CSC. However, it should be

noted that this is an option and not an obligation for the Implementing Agency. BBNL shall

not be a party to any such association or involvement between the Implementing Agency and

CSC.


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Section II C: Use of BharatNet bandwidth

BharatNet Project Phase I, being executed by BBNL, is under implementation and BharatNet

Project Phase II is being initiated. Upon completion of both Phase I and Phase II of the

BharatNet Project, 2, 50, 000 Gram Panchayats across the nation shall have access to high

speed bandwidth as provisioned under BharatNet.

One of the important outcomes of the BharatNet program is to ensure utilization of the

BharatNet bandwidth. Upon completion of both BharatNet Phase I and BharatNet Phase II

implementation for each Districts within a work package, BBNL shall inform the

corresponding Implementing Agency. The Implementing Agency thereafter shall make best

possible effort to switch over to the BharatNet bandwidth for providing the Wi-Fi/

Broadband Services at each Gram Panchayats. For the sake of clarity, this provision will be

triggered after completion of Phase II of BharatNet project and is in addition to Clause 4 of

Section II A above.

It may be noted that no relaxation on the Service Level Agreements as defined in Section VII

of this RFP shall be extended to the Implementing Agency during the switch over to the

BharatNet bandwidth.

Section II D: Periodic Audits of tools at Implementing Agency’s NOC

Both USOF and BBNL shall have the right to audit any or all tools installed at the Network

Operations Centre (“NOC”) of the Implementing Agency for provisioning of Wi-Fi/

Broadband Services. These shall include all tools which are used to generate user reports and

user details as specified in this RFP, calculation of network uptime, etc. The audit shall be

conducted by an independent third party as and when required by BBNL. Such audits shall

be limited to the software tools used for execution of Work and delivery of Wi-Fi /

Broadband Services.

BBNL shall also have the right to verify that the NOC and the solution deployed by the

Implementing Agency for completion of Work complies with all requirements as per the

Functional and Technical Specifications, as defined in Section VIII and Section IX of this

RFP.

Implementing Agency shall facilitate any such audit and provide all required support to

BBNL and its appointed agency during the audit process. The audit process may also include


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the auditing of the security and anti-intrusion measures implemented by the Implementing

Agency to check for conformity with the specifications detailed in Section IX of this RFP.

If any deviations are observed during the audit process, Implementing Agency shall

undertake to rectify those in a maximum of 30 (thirty) days from the date of communication

of such deviations by BBNL. BBNL may repeat the audit process to verify the rectification of

such deviations.

BBNL shall deduct the entire amount payable against Milestone 4 of the payment terms

mentioned in Section VI of this RFP on a pro-rata basis for the time duration from reporting

of such deviations till the time all such deviations are rectified by the Implementing Agency

to the satisfaction of BBNL.


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Section III: Eligibility Criteria The invitation for bids is open to all entities incorporated in India who fulfil prequalification

criteria as specified below.

S.N. Pre-qualification Criteria Document to be submitted

1. The bidder should be a company registered in India under the Companies Act, 1956/ Companies Act, 2013, as amended from time to time, and should be in existence for at least 5 years as on the date of bid submission.

Certificate of Incorporation from Registrar of Companies along with Memorandum and Articles of Association.

2. The bidder should be a Class A or Class B ISP licensee or a Unified Licensee for at least the last one year on the date of submission of bid in the Telecom Circle for which it is bidding.

Copy of Licensing agreement and affidavit from the signing authority of the bidder

3. The average annual turnover of the bidder for the last three financial years ending on 31st March 2017 should be at least INR 75 Crores. In case the bid is submitted for more than 1 package, then the above mentioned revenue turnover shall be multiplied by the number of packages for which bids are submitted. Please note that for this criterion, only the turnover of the bidder shall be considered. The turnover of parent company/ group companies/ subsidiary companies shall not be considered.

Certificate from Chartered Accountant stating the average annual turnover in last 3 financial years. Or Copy of audited profit and loss account for last 3 financial years showing the turnover.

4. Bidder should have positive Net Worth in at least two financial years out of last three financial years.

Certificate from Chartered Accountant on Net worth for the last three financial years ending 31st Mar 2017 and copy of audited annual report for the last three financial years

5. Bidder should not be blacklisted by any Public Sector Undertaking, Central or State Government department in India at the time of bid submission date.

Certificate from authorized signatory of the bidder

6. The Original Equipment Manufacturer (OEM) proposed by the bidder for supply of Wi-Fi Access Points or any

Valid purchase orders and certificate from purchaser confirming supply.


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other suitable broadband technologies must have supplied at least 10,000 Outdoor Access Points for Wi-Fi hotspot networks/ at least 10,000 Broadband equipment for Broadband network over the last five years, either domestically or internationally

7. Bidder must have a fully functional network operations control centre which conforms to all the requirements specified in the functional and technical specifications as per Section VIII and Section IX of this RFP

Self-certification from the authorized signatory of the bidder, along with the latest available audit report of the network operations control centre.

8. Bidder must have provided internet broadband or mobile internet services to at least 10,000 subscribers over the last five years Or Bidder must have implemented Wi-Fi hotspot services or any other broadband Services with at least 1,000 outdoor access points/ 1000 broadband outdoor equipment over the last five years.

Self-certification from the authorized signatory of the bidder.

It is reiterated that all document submitted should be attested electronically by

the authorized signatory.

Note:

i. The responsibility and ownership of execution of Works will be with the bidder only

and cannot be transferred to any third party.

ii. Procurement as part of this tender would be in accordance with PMA Policy notified by Government of India and its subsequent amendments, guidelines etc. for preference to domestically manufactured telecom products.


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Section IV: Implementing Agency Selection Procedure Bidders are required to bid for a particular work package as defined in Annexure B of this

RFP and as per the Eligibility Criteria defined in Section III of this RFP.

The estimated budget for provisioning of Wi-Fi / Broadband Services at each Gram

Panchayat area is INR 1,50,000 (Indian Rupees One Lac Fifty Thousand Only), which shall

be paid to the Implementing Agency during the execution of Program as defined in Section

VI of this RFP. Eligible bidders are required to submit their quotations for the package as a

percentage variation of the budgeted price. For example, if the average bid per Gram

Panchayat in a work package is INR 135,000/-, the bidder is required to quote 90% in its bid

document, as INR 135,000/- is 90% of the estimated budget per Gram Panchayat.

The above said amount is exclusive of all taxes and other duties. Taxes and duties shall be

payable on actuals as per applicable tax structure at the time of payment.

Bidder with the lowest percentage of the estimated budget per Gram Panchayat in a work

package as per Annexure B of this RFP would be considered as the L1 Bidder (Lowest Price

Bidder) for that package. The L1 Bidder would be chosen as the Implementing Agency for

implementation of Program for all the Gram Panchayats within the work package.

Special Scenario

1. Work shall be allocated to a Bidder for a maximum of 10 (Ten) work packages as listed in Annexure B of this RFP.

2. If a Bidder emerges to be the L1 Bidder in more than 10 (Ten) work packages, the Bidder shall execute Works at the 10 (Ten) packages where the difference between the L1 and L2 bids is the highest.

3. The remaining work package(s) shall be offered to L2 Bidder for those work package(s) at L1 rates. If L2 Bidder declines to execute Works at L1 rates for those specific work package(s), the allocation of Works shall be offered to L3 Bidder for execution at L1 rates.

4. In the event both L2 and L3 Bidder for those work package(s) declines to execute Work at L1 rates, Work shall be allocated to L1 Bidder.

5. L1 Bidder shall not have the right to decline the allocation of Works under such scenario and BBNL shall have the right to forfeit and encash the Bid Security of the L1 Bidder in the event it fails to initiate Works for those work packages within 21 (Twenty One) days of BBNL’s intimation.

6. In the event either L2 Bidder or L3 Bidder accepts to execute the Works for such work packages at L1 rates, the L2 Bidder or L3 Bidder will have to complete all the formalities for initiation of Works, including submission of the Performance Bank Guarantee, within 21 (Twenty One ) days of such acceptance.

7. In the event the L2 Bidder or the L3 Bidder, as the case maybe, fails to initiate Works within the stipulated 21 (Twenty One) days, BBNL shall have the right to forfeit and encash the Bid Security of the respective bidder(s). Subsequently, Works for those work packages shall be allocated to L1 Bidder and the conditions stated above shall apply to the L1 Bidder.

Note to bidders:

a) Bidders are required to clearly specify each of the state/ work packages for which they

wish to bid by ticking the check box corresponding to the State/ work package. If they


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don’t wish to bid for a particular work package, they may simply leave the

corresponding check box blank

b) The contract shall be awarded to the L1 Bidder for each state/ package, subject to the

Special Scenario specified above

c) Any negative bids, i.e., bids with quoted price of less than 0% of the stated budget per

Gram Panchayat, shall be automatically rejected.

d) Bids not conforming fully to the required documents as per Annexure C of this RFP

shall be rejected.

e) Successful L1 Bidder shall mandatorily complete the Work within the

implementation timelines provided in Section V of this RFP.

f) Successful L1 Bidder shall be required to submit the Performance Bank Guarantee (as

per the format specified in Annexure F) from a schedule commercial bank or

nationalised bank to BBNL for an amount equivalent to 10% of the Project Cost

within a period of 15 (Fifteen) days from the issue of Letter of Intent.

g) The Performance Bank Guarantee shall be returned to the Implementing Agency,

post recovery of dues if any, at the end of the duration of the Program as defined in

Section V B of this RFP.

h) Performance Bank Guarantee (s) shall be valid for a period of 62 (Sixty Two) months

from the date of issuance of Letter of Intent.


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Section V: Work Allocation and Implementation

Section V A: Work Allocation and Implementation Timelines

The Work will be allocated to the Implementing Agency for the entire Project Area through a

single Work Order and the Works shall be completed as per the Implementation Timelines

provided below.

A District within a work package will be considered as the minimum implementable unit,

which shall be considered complete once at least 80% of the Gram Panchayat areas under a

particular District is commissioned as per the Scope of Work defined in this RFP.

Implementation Timelines:

Commissioning Stage Work Completion Timelines

I

40% of all Districts in the Project Area (completion of Commissioning of at least 80% of all Gram Panchayats within the respective Districts)

T+180 days

II

70% of all Districts in the Project Area (completion of Commissioning of at least 80% of all Gram Panchayats within the respective Districts)

T+270 days

III

100% of all Districts in the Project Area (completion of Commissioning of 100% of all Gram Panchayats within the Project Area)

T+365 days

“T” is defined as the date of issue of the Work Order to the Implementing Agency for the

Project Area.

The Implementing Agency is expected to submit a detailed project execution plan with Gantt

Charts detailing the activities and their completion timelines for fulfilment of the Works

within 30 (Thirty) days of issuance of Work Order.

Implementing Agency shall notify BBNL or its appointed officials about any delay in

timelines as provided in the project execution plan as and when they occur and shall take

appropriate steps to remedy such delay. The overall implementation timelines shall not

exceed beyond 365 (Three Hundred Sixty Five) days from the date issuance of Work Order

for completion of Works at the Project Area and penalties specified under Section VII of this

RFP (SLAs) shall be applicable for such delays, if any.

Section V B: Program Duration and Extension The Implementing Agency is required to provide the Wi-Fi / Broadband Services as per the Scope of Work defined in Section II of this RFP and SLAs as defined in Section VII of this RFP at each Project Area for a minimum duration of five years from the date of issue of Work Order. This shall include an Implementation Phase of one year from the date of issuance of Work Order and an Operations and Maintenance Phase of four years thereafter. BBNL may


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extend the Program duration in blocks of two years subsequently, based on mutual agreement, and the SLAs (Section VII of this RFP) and Scope of Work (Section II of this RFP) shall remain valid for such an extended term. Correspondingly, Implementing Agency shall also be required to extend the Performance Bank Guarantee to cover the extended duration. The revised Performance Bank Guarantee shall be submitted to BBNL by the Implementing Agency within 15 (Fifteen) days of BBNL granting such extension. Implementing Agency will be required to maintain the minimum performance parameters as defined in Section VII of this RFP throughout the extended period. The penalties specified in Section VII of this RFP shall also remain valid. BBNL shall have the right to recover the penalties during the extended term by encashing the Performance Bank Guarantee at the end of the extended term. If the Implementing Agency wishes not to continue further beyond the minimum term of five years (or beyond the revised term extended thereof), BBNL may select another agency at its own will for maintenance and operations of the Wi-Fi / Broadband Services network so established by the Implementing Agency. In such an event, exit management procedure, as specified in Section XII of this RFP shall come in to effect.


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Section VI: Payment Terms Payment Terms:

Payments shall be made to the Implementing Agency upon completion of the following milestones during execution of Work for each of the Project Area.

1. Milestone 1: 25% of the Project Cost shall be payable to Implementing Agency as advance against the submission of an Advance Bank Guarantee for a sum equivalent to 27.5% (i.e. 110% of the advance amount) of the Project Cost. Advance Bank Guarantee must be submitted as per the format specified in Annexure F.

2. Milestone 2: 60% of the Project Cost (on pro-rata basis) shall be payable upon successful Commissioning of Gram Panchayats at least under one District and completion of Scope of Work as defined in Section II of this RFP throughout the District.

a. Please note, a District is the minimum implementable area and the Implementing Agency must complete Commissioning of all Gram Panchayats as per the Scope of Work defined in Section II of this RFP at a particular District to be eligible for the corresponding payment (pro-rata basis).

b. 25% advance paid to the Implementing Agency under Milestone 1 shall be settled off against this payment milestone. Therefore, net amount of 35% of the Project Cost (pro-rata basis) shall be paid to the Implementing Agency against this milestone

3. Milestone 3: 15% of the Project Cost shall be payable upon addition of active user as per the following schedule: Duration Active User base (average

number of active users for the corresponding period)

Payment amount

G + 90 days At least 25% of the active user base specified in Annexure A at each District (“Minimum Steady State Active User Base”)

5% of Project Cost


5% of Project Cost


5% of Project Cost

Here, G is defined as the date of successful Commissioning of all Gram Panchayats under the Project Area. Active users per District shall be calculated as per details provided in Annexure A of this RFP.


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4. Milestone 4: Remaining 25% of the Project Cost shall be payable in equal parts (i.e., 2.083% of the Project Cost) across 12 quarters (three years) starting from G+366 days. Any penalties on account of SLAs as provided in Section VII of this RFP shall be deducted from this milestone payment.

Note: The above payment terms are subject to the following terms and conditions:

1. All payments shall be made in Indian Rupees only and is capped to the Project Cost.

2. For Milestone 2, Commissioning of at least 80% of the Gram Panchayats of a District within the Project Area must be completed. Payments shall be released on pro-rated basis for the number of GPs commissioned. However, Implementing Agency must complete Commissioning of 100% of the Gram Panchayats within the Project Area for completion of this milestone.

3. Advance Bank Guarantee shall be returned to the Implementing Agency within 45 days of successful completion of Commissioning Stage III as defined in Section V A of this RFP.

4. Implementing Agency is expected to bear all costs for providing maintenance and adhering to SLAs as defined in Section VII of this RFP on its own. BBNL shall not be liable to pay anything in excess of the Project Cost to the Implementing Agency throughout the currency of the Contract.

5. Any penalties arising out of non-conformance to SLA requirements (as stated in Section VII of this RFP) shall be deducted from subsequent payments to be made to Implementing Agency as per the payment milestones.

6. For Milestone 4, the payments shall be disbursed in 12 (Twelve) equated quarterly instalments over three financial years starting G + 366 days, with each quarter ending on 30th of June, 30th of September, 31st of December and 31st of March of the respective calendar year. The claim for a part of the quarter will be computed with reference to the actual number of days in that quarter. Each instalment shall be disbursed quarterly generally within 30 (Thirty) days of receipt of a valid claim for the services rendered.

7. BBNL shall have no obligation to make any payments to the Implementing Agency for execution of Works till the time the Implementing Agency submits the Performance Bank Guarantee to BBNL, as per the format specified in Annexure F, for a sum equivalent to 10% of the Project Cost.


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Section VII: Service Level Agreements Service Level Agreements (SLA) – Implementing Agency

# Service Activity

Service Level Requirement

Documentary requirement

Measurement Frequency

Penalty

1 Completion of Work

Completion of Work as per Implementation Timelines provided in Section V A of this RFP

Acceptance documents signed by respective BBNL appointed official at the corresponding District within the Project Area

After 180 days, 270 days and 365 days, as applicable, from the date of issuance of Work Order

INR 1,000 per Gram Panchayat per week of delay

2.

Bandwidth Availability

At least 95% of the required bandwidth (as per Annexure A) for each Gram Panchayat shall be available throughout a calendar month

Reports generated from NMS/EMS from the Network Operations Control of Implementing Agency

Monthly 2% of corresponding payments for each percentage availability below 95%

3 Network Utilization

Network shall be available for utilization for at least 95% of the time at each Gram Panchayat throughout a calendar month


Monthly 2% of the quarterly payment due for each percentage availability below 95%

4 Active User base (this particular SLA shall come in effect from T+731 days (i.e., G + 1 years and one day))

Maintain the average active user base as specified in Annexure A (“Minimum Steady State Active User Base”) on a regular basis as per definition of active user specified in Annexure A

Increase of 2% per quarter in the Minimum Steady State Active User base from T+30 months


Quarterly INR 100 per active users below the specified average number of active user base in Annexure A or as per the quarterly increase in the number of active starting T+30 months

Note:


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1. Implementing Agency shall ensure SLA adherence as defined above from the date of

raising the payment request for completion of Work at Gram Panchayats within a

particular District as mentioned in Section VA and Section VI of this RFP.

2. Any downtime of Wi-Fi/ Broadband Services in the Project Area directly arising out

of the lack of availability of the BharatNet bandwidth will be excluded from the SLA

calculations and shall not be attributable to the Implementing Agency.

3. The Implementing Agency will be allowed a total scheduled downtime window of 8

(Eight) hours per month at the Gram Panchayat level for network maintenance

activities. This window of 8 (Eight) hours shall be excluded from the SLA

calculations.

4. The cumulative penalties which can be levied on Implementing Agency by BBNL for

breach of SLAs is limited to 10% of the Project Cost. If the cumulative penalties

exceed 10% of the Project Cost at any point during the tenure of the Project, BBNL

shall have the right to foreclose the Work Order and encash the Performance Bank

Guarantee as an additional penalty on the Implementing Agency on account of failure

to fulfil its obligations under the Work Order. In such an event, Exit Management

formalities as specified in Section XII of this RFP shall also be initiated by BBNL.

5. BBNL will have the right to foreclose the Work Order and the Works and take control

of the entire infrastructure created under Program in the event of breach of any of the

above mentioned SLAs by Implementing Agency for a continuous period of three

months during the Operations and Maintenance Phase.

6. In the event of such foreclosure of the Work Order, BBNL shall not be liable to pay

any further to the Implementing Agency for the Works, or part thereof, executed by

the Implementing Agency. In addition, BBNL shall have the right to forfeit and

encash the Performance Bank Guarantee provided by the Implementing Agency.

7. The SLA penalties shall be deducted from payment milestones due to the

Implementing Agency as per the payment terms.


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Section VIII: Functional Specifications The Implementing Agency must ensure the following while providing Wi-Fi / Broadband Services at each Gram Panchayat area in the Project Area:

1. Provisioning of Wi-Fi/ Broadband Services at the Gram Panchayat area at a location

covering a sizeable portion of the local village population, with at least the minimum

number of Wi-Fi Access Points/ or any other broadbande technology Nodes specified

in Annexure A of this RFP for a particular Gram Panchayat area, and must comply

with the minimum technical specification provided in this RFP.

2. The radio equipment for setting up Wi-Fi Services should have the capability to

propagate frequencies of both 2.4 GHz and 5 GHz to ensure it can be accessed by a

wide variety of devices with different hardware specifications

3. The system must be both IPv4 and IPv6 compliant.

4. The methodology employed by the Implementing Agency for installation of

equipment for Wi-Fi/ Broadband Services shall ensure that the devices are able to

withstand high speed winds/ thunderstorms

5. The Wi Fi or any other broadband technology network should have minimum

bandwidth as per Annexure A of this RFP as per the local population of a particular

Gram Panchayat (averaged out at the District level) at 1:1. Bandwidth requirement

will be exempted only for sites where BBNL’s bandwidth would be through VSAT.

6. Each Wi-Fi Access Point(s) or any other broadband technology access node shall have

a capacity to support 50 (Fifty) concurrent users. The Bidder must ensure that the

Wireless Lan Controller (WLC) installed for controlling the Wi-Fi Access Points/ or

any other broadband technology nodes must have the capacity to support such

number of concurrent users across all Wi-Fi Access Points/ Nodes commissioned by

the Bidder under the Program.

7. The Implementing Agency must be able to control bandwidth at user level to prevent

users from creating bandwidth monopoly (for example, by downloading large sized

files or videos) by adopting required Fair Usage Policy (“FUP”).

8. The radio equipment used for Wi-Fi/ any other Broadband Services shall be capable

of operating on dual power sources – solar or other renewable power source and UPS

power.

9. Implementing Agency must provision for at least 8 (Eight) hours of power backup to

each Wi-Fi Access Point/ Node installed at the Gram Panchayat areas

10. All equipment installed by the Implementing Agency for provisioning of Wi-Fi/

Broaedband Services shall have proper earthing and lightning protection and the

Implementing Agency shall ensure provisioning of required earthing if not available


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11. The Implementing Agency shall provide and manage its own IP schema as per DoT/

TRAI guidelines for provisioning of Wi-Fi / Broadeband Services

12. The users must be required to register themselves through a web portal or through a

mobile based application along with OTP based authentication. The web portal

should be customized for error free access via both desktops/ laptops and mobile

devices (including mobile handsets, tablets, etc.)

13. The web portal must have a landing/home page which should prominently display

the links to the available tariff plans

14. Implementing Agency must also provide a mobile based self-help application to help

users of the Wi-Fi / Broadband Services to check their usage, compare available tariff

plans and also for the purchase of coupons

15. The Implementing Agency must provision for a SMS gateway/ Email gateway on its

own for sending messages and emails for user registration, password change, One

Time Password (OTP) generation and for sending other such communication which

may be required during the normal course of operations.

16. The Implementing Agency must ensure that users of Wi-Fi / Broadband Services are

able to connect to the internet, using their existing user id and password, through any

of the Wi-Fi Access Points/ Nodes deployed under the Work Order within the Project

Area, without the need to re-register into the network.

17. The Implementing Agency shall provision to store user specific log trails and must

keep backup of all such logs for at least one year. Whenever requested by BBNL or

any statutory body, Implementing Agency must be able to provide the logs within 24

hours of such request.

18. Wi-Fi Services should have capability to support voice over Wi-Fi (VoWiFi) services

to provide quality voice service to the Gram Panchayat location.

19. Wi-Fi access / Broadband equipment and services shall remain functional in the

event the link is lost between Wi-Fi Access Points/ equipment and the wireless

management system or if the wireless management system fails

20. All Wi-Fi Access Points/ or any other broadband technology nodes commissioned by

the Implementing Agency under the Work Order shall have the ability to be managed

remotely, including for firmware and software updates

21. The Wi-Fi Access Points or associated wireless management system shall have the

ability to block traffic based on IP address, port, URL, or host name and should have

the ability to block or manage traffic based on QoS


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Section IX: Technical Specifications

IX. A:1 Minimum Technical specifications for Wi-Fi Access Point (Outdoor)

equipment: Quoted Wi-Fi Access Points for outdoor use shall be certified from Wi-Fi Alliance for Hotspot or Type Approved as per TEC GR. The Wi-Fi Access Points (or “AP”) to be used for this Program shall conform to the following technical specifications:

i. AP shall have hardened enclosures for outdoor deployment and shall have a robust design for durability, weather proofing.

ii. It shall have dual radios for concurrent dual band (5 GHz / 2.4 GHz) operation

iii. Minimum one number of 1 Gbps Ethernet port RJ-45. iv. AP along with the antennas shall be IP67 certified for outdoor deployment. Indoor

AP inside third party enclosures/boxes shall NOT be acceptable. v. Outdoor AP shall support 802.11r fast roaming vi. The AP shall comply with IEEE 802.11ac at a minimum and be backwards

compatible to IEEE 802.11a/b/g/n standards. vii. AP shall operate at least in full 2X2:2 MIMO or more mode without any loss of

features or capabilities viii. AP shall have an aggregate data rate capability of minimum 1.1 Gbps ix. AP must support 20 MHz, 40 MHz and 80 MHz channels. x. Each AP must support minimum 50 (Fifty) concurrent clients in total (including

both 2.4GHz and 5GHz radios). xi. The AP shall provide a minimum of 32 dBm EIRP for both 2.4 GHz and 5 GHz

frequencies. Field deployment shall be with EIRP as per regulatory guidelines (ETA from WPC to be enclosed at the time of bid submission)

xii. AP shall support WDS or MESH networking xiii. AP shall support QoS or WMM for voice over Wi-Fi xiv. AP shall support all security guidelines prescribed by Government of India (and

updated from time to time) for APs xv. AP shall support Wi-Fi Protected Access xvi. AP shall support rogue access point detection. xvii. AP shall have dual-Band Omni-directional Antenna, either internal or external.

Field deployment shall be with EIRP as per the WPC guideline. xviii. AP should be compatible with 802.3 AF/AT Power over Ethernet (PoE)/AC

adaptor xix. AP should have operating temperature in the range of -20°C to 55°C xx. Wind resistances of 140 kmph for sustained wind and 224 kmph for wind gusts xxi. AP shall support operating humidity of 10%-95% xxii. Intelligent RF control plane for self-healing, and self-optimization xxiii. Overvoltage protection Category IV as per EN60950 xxiv. AP shall be able to send power failure signals/ alarms to the EMS at NOC xxv. AP shall be able to assign end User the IP address as received from backend core

DHCP Server. NOTE: Implementing Agency must provide valid ETA and WPC Certificate for the Access

Points at the time of bid submission.


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IX. A:2 Minimum Technical specifications for Wireless Broadband

Equipment: The bidder will provide Broadband wireless equipment as per standard and relevant TEC

GR.

The equipment offerd by the bidder will be tested for the standard protocols as above during

technical validation and QA stage (as per Section- IX-D)

The Wireless Broadband technology offered by the bidder should meet the criterion of

availability of suitable access devices such as hand held devices/ mobile phones/ tablets/

laptops etc. and should be supporting the community service in terms of multiple concurrent

users

IX. B: Technical specification for Security of the System i. Security enforcement for wireless users through the use of a role-based, stateful

firewall that can be directly integrated with the roles defined within existing authentication servers

ii. Capability to ensure privacy protection by preventing firewall and IP spoofing attacks.

iii. System should provide the capability to capture the data and syslog for audit and analysis.

iv. Rules for access rights based on any combination of role identity, and device identity.

v. The firewall must be able to take action including allowing the traffic, denying the traffic, rejecting the traffic and routing the traffic

vi. Network monitoring through centralized NOC vii. Fault management and performance management (FCAPS)

viii. Comply with other applicable norms/ standards/ guidelines of the Government of India/ DoT/ TRAI.

IX. C: Technical specifications for Intrusion Detection and Prevention for the

System

i. Wireless Intrusion Detection Solution (WIDS)

ii. Ability for the system to provide visibility into Channels including the detection of rogue devices / RF activity occurring between channels.

iii. Should be able to classify real rogues (on network) versus interfering neighbour networks, irrespective of whether rogues have encryption or not, and without client software or upgrades to current network.

iv. The system must support Pairwise Master Key (PMK) caching.

NOTE: 1. The Implementing Agency shall be required to provide Wi-Fi Access Points/ outdoor

broadband equipment (Outdoor type) within the area covered by an individual Gram Panchayat. However, the Implementing Agency shall be required to install, commission and maintain Wireless LAN Controllers, Wi-Fi/ Broadband Element Management System, Network Switches, Security and Intrusion detection and prevention systems, power banks/ UPS and other associated equipment required for fulfilling its obligations as per the Scope of Work defined in Section II of this RFP at its own risk and cost. The Implementing Agency shall ensure adequate security and anti- intrusion mechanism for all such equipment installed to ensure the Wi-Fi/ Broadband network thus created by the Implementing Agency is safe and secure at all times.


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2. Specifications in Sections XI. B and XI. C above and as per Section VIII of this RFP shall

be included as part of the overall Wi-Fi/Broadband system thus created and does not necessarily need to be entirely managed at the Wi-Fi Access Points/ Broadband nodes deployed at Site. Implementing Agency can provide these features at upstream levels like the Wireless Controller (WLC), Firewall, NMS or as part of the overall solution deployed at the Implementing Agency’s NOC. However, Implementing Agency must be able to demonstrate these features as part of the Acceptance Testing as provided in Section X of this RFP.

IX. D: Technical Validation and Quality Assurance of Wi-Fi Access Points/

Broadband equipment The Implementing Agency is required to submit compliance test reports at the time of bidding for the Wi-Fi Access Points it intends to use for completion of Work, certifying the conformity of the equipment as per the Technical Specifications in Section IX of this RFP. Implementing Agency shall submit its offer for validation testing of the Wi-Fi Access Points to be deployed under the Program within 21 (Twenty One) days of issuance of Work Order. The Implementing Agency shall submit detailed Test Schedule and Test Procedure (“TSTP”) for validation of the Wi-Fi Access Points as per the compliance statement shared by the Implementing Agency at the time of bidding. The TSTP shall also cover all functional requirements as specified in Section VIII of this RFP. Implementing Agency shall be required to demonstrate the functional requirements through its NOC during the validation testing. The tests may be conducted over a period of 7 (Seven) days continuously for service stability and reliability testing. A Third Party Agency (“TPA”) shall be appointed by USOF and/or BBNL for approving the TSTP and carrying out the tests as per the TSTP. Implementing Agency must submit at least 5 (Five) numbers of Wi-Fi Access Points/ outdoor equipment to TPA thus appointed within one week of approval of the TSTP. Provisioning for testing tools and facility, including the arrangements at NOC, for carrying out the validation testing as per the approved TSTP, shall be borne by the Implementing Agency. BBNL shall have the right to forfeit and encash the Bid Security/ Performance Bank Guarantee provided by Implementing Agency in the event it fails to submit the validation testing offer within 21 (Twenty One) days of issuance of Work Order. BBNL may also choose to conduct detailed quality and type testing of the Wi-Fi Access Points of each type (if multiple makes and models of access points are to be supplied). Implementing Agency shall execute its Works in parallel to such validation of quality and type testing by BBNL. No additional time to execute Works shall be allowed to Implementing Agency on account of such testing. BBNL may also ask the Implementing Agency, at any time during the currency of the Work Order, to demonstrate the conformity to standards for the equipment deployed by Implementing Agency for fulfilment of Works. In such event(s), BBNL may identify any five Gram Panchayats within the Project Area and ask the Implementing Agency to send the equipment deployed there in a lab of BBNL’s choosing for verification. The Implementing Agency will be required to handover such equipment to BBNL for testing purposes within 10 (Ten) days of such request and install and commission appropriate replacement equipment at those locations. BBNL may get the validation and conformity testing done at its own cost either on its own or


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through a third party. In the event of any deviation being observed during such testing, the Implementing Agency will have to replace all such equipment (of the same make and model for which the deviation has been observed) deployed for Work in the Project Area within 30 (Thirty) days of such observation and must solely bear all costs and penalties arising out of such replacement of equipment. Other terms and conditions of this RFP shall continue to be in force without any relaxation to the Implementing Agency.


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Section X: Acceptance Testing The primary objective of the Acceptance Testing is to ensure that the work done by the Implementing Agency at each of the Gram Panchayats meets the requirements, standards, specifications and performance as specified in the Scope of Work (Section II), Service Level Agreements (Section VII), Functional Specifications (Section VIII) and Technical Specifications (Section IX) of this RFP. Implementing Agency must submit a detailed Acceptance Test Plan (“AT Plan”) to BBNL within 15 (Fifteen) days of approval of the TSTP by BBNL appointed TPA, as mentioned in Section IX. D of this RFP. AT Plan should specify the detailed test plan for verification of completion of Works at each of the Gram Panchayats. The AT Plan shall be duly approved by BBNL appointed TPA.

Once the Implementing Agency completes Work in at least 80% of all the Gram Panchayat areas within a particular District of the Project Area, it is required to keep uptime and network bandwidth logs , as generated at the NOC of the Implementing Agency, for each of those locations and access points for a period of 7 (Seven) days. The Implementing Agency is required to inform BBNL in writing, as and when the Implementing Agency has completed the Work in at least 80% of all the Gram Panchayats in a particular District within the Project Area, requesting to conduct acceptance testing for such locations. The Implementing Agency is required to submit the above mentioned logs along with such request of acceptance testing to BBNL. BBNL may, at its own discretion, conduct the acceptance testing as per the AT Plan at site (location where Work is executed) and/or through the EMS/NMS deployed by the Implementing Agency at NOC. BBNL may conduct the Acceptance Testing on its own or through the TPA at its own cost authorised to conduct such acceptance testing on behalf of BBNL. 100% of the sites must be verified through the NOC and at least 10% of the sites must be verified physically. The Implementing Agency, in its request for Acceptance Testing, shall provide a detailed list of equipment installed and its compliance report for the Work completed at each of the locations. Implementing Agency, while requesting for Acceptance Testing, shall be able to demonstrate all features and functionalities listed in Section XI. A, Section XI. B and Section XI. C of this RFP and as per the TSTP as mentioned in Section IX. D of this RFP, either at site location or in the NOC, as the case may be. It is the responsibility of the Implementing Agency to facilitate the acceptance testing, including provisioning of any additional equipment or tools required to verify the functional and technical specifications, as per Section VIII and IX of this RFP, of the equipment installed at no additional cost to BBNL. Implementing Agency must ensure complete cooperation from their end to facilitate the acceptance testing at all the locations as decided by BBNL. The Implementing Agency is required to rectify any shortcomings identified/ observed during the acceptance testing by BBNL, at no additional cost to BBNL. Any delay in rectification of such observations by the Implementing Agency shall be attributed solely to the Implementing Agency. BBNL, in normal course of operations, is expected to complete the acceptance testing for all sites in a particular District within 15 (Fifteen) working days of such a request being received from the Implementing Agency. However, any delay beyond 15 (Fifteen) working days in completing the acceptance testing by BBNL shall not be considered a delay on part of the Implementing Agency.


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Section XI: Utilization and Marketing of Services As part of the Program design, BBNL encourages the Implementing Agency to monetize the infrastructure created through implementation of the Program. The Implementing Agency may, within the applicable laws and other guidelines issued by DoT and the Government of India, to monetize the created infrastructure through any or all of the following:

1. Subscription charges from users for the usage of Wi-Fi/ Broadband Services 2. Advertising on the web portal (only on the home page and without push messages

during internet browsing by a paying user) 3. Free Wi-Fi/ Broadband usage to users in lieu of viewing of advertisements 4. Any other revenue generation model which the Implementing Agency wishes to

employ within the realms of existing laws, rules and regulations of Government of India, TRAI and DoT

The above services for monetization of the Wi-Fi or any other suitable broadband technology infrastructure thus created should be co-branded with BBNL by the Implementing Agency. Implementing Agency must use industrial grade sticker (for outdoor use) stating “Powered by BharatNet” and display it prominently on all Wi-Fi Access Points/ Noedes deployed/ installed under Works. Similarly, display boards shall also state “Powered by BharatNet” at all points-of-sale of Wi-Fi/ Broadband coupons. Implementing Agency shall be free to offer tariff plans considered appropriate by the Implementing Agency to ensure more active users are on boarded for using the Wi-Fi/ Broadband Services. The Implementing Agency is expected to carry out the operations and maintenance as per the defined SLA parameters in Section VII of this RFP and may support it with the revenue thus generated by it. The Implementing Agency shall have the right to retain the proceeds from such revenue generated throughout the Operations and Maintenance phase of four years and for any period for which the operations and maintenance is extended thereof, as provided in Section V B of this RFP. The Implementing Agency will not be required to share any part of the revenue thus generated throughout the Operations and Maintenance phase with BBNL. It is also clarified that the SLA terms and conditions as defined in Section VII shall remain valid throughout the extended Operations and Maintenance period. In the event of any interruptions in Wi-Fi/ Broadband Services, Implementing Agency must provide additional hours of usage to the affected users, without any additional cost to the end user and as per the plan opted by the user, for a proportionate amount of time for which the Wi-Fi/ Broadband Services were either unavailable or disrupted.


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Section XII: Exit Management The Implementing Agency is required to provision the Wi-Fi/ Broadband Services and run it (operations and maintenance) for a minimum of five years at each Project Area from the date of issuance of Work Order as per Section II (Scope of Work) and Section VII (Service Level Agreements) of this RFP. If Implementing Agency fails to fulfil its duties under the RFP and requests to exit the Contract, BBNL shall have the right to encash the Performance Bank Guarantee. In addition, BBNL shall also have the right to initiate termination of Work Order as per the provisions of Section XIII: General Terms and Conditions of the Contract. BBNL may also claim liquidated damages from the Implementing Agency separately. In the event of termination of Work Order by BBNL due to non-performance of Implementing Agency or at the at the end of the program duration as specified in Section V B of this RFP, whichever is earlier, ownership of all hardware and Wi-Fi Access Points or any other suitable broadband technology installed by the Implementing Agency for fulfilment of Work shall be automatically deemed to be transferred to BBNL without any additional cost to BBNL. Implementing Agency shall be required to handover all records of software and hardware as generated during provisioning of Wi-Fi/ Broadband Services to BBNL at the time of exit. Implementing Agency shall have no further right or claim on any of the equipment thus installed by Implementing Agency for completion of Works at the Gram Panchayat level including Wi-Fi hotspot/ or any other suitable broadband technology equipment, access points, antennas, power equipment for the access points, etc. For the purpose of clarification, the Implementing Agency will retain ownership of all equipment, except for Wi-Fi Access Points or any other suitable broadband technology and associated hardware at Site, which may have been commissioned by the Implementing Agency at its end for execution of Works. In the event the termination clause is initiated as a result of SLA breach as specified in Section VII of this RFP, BBNL, at its sole discretion, may also debar the Implementing Agency from participating in any tender(s) issued/released by BBNL for a period of five years from the date of such debarment, both as a lead bidder and as a participating entity for such tenders.


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Section XIII: General Terms and Conditions of the Contract

1. Interpretation

In this RFP unless a contrary intention is evident:

a. The clause headings are for convenient reference only and may not be part of the Contract;

b. Unless otherwise specified a reference to a clause number is a reference to all of its

sub-clauses;

c. Unless otherwise specified a reference to a clause, sub-clause or section is a reference to a clause, sub-clause or section of this RFP including any amendments or modifications to the same from time to time;

d. A word in the singular includes the plural and a word in the plural includes the

singular;

e. A word importing a gender includes any other gender;

f. A reference to a person includes a partnership and a body corporate;

g. A reference to legislation includes legislation repealing, replacing or amending that legislation;

h. Where a word or phrase is given a particular meaning it includes the appropriate

grammatical forms of that word or phrase which have corresponding meanings.

i. In the event of an inconsistency between the terms of this RFP and the Bid, the terms hereof shall prevail.

2. Sub-Contract

2.1 The Contractor shall notify the Purchaser in writing of all subcontracts awarded under

the Contract if not already specified in its bid. Such notification, in its original bid or later shall not relieve the Contractor from any liability or obligation under the Contract.

2.2 There will be only one level of subcontracting i.e. the subcontractor, appointed by the Implementing Agency, shall directly execute the work without further subcontracting the work. 3. Representation & Guarantee

In order to induce the Purchaser to enter into the Contract, the Implementing Agency hereby represents and warrants as of the date hereof, the following: 3.1 That the selected Implementing Agency has the power and the authority that would be

required to enter into the Contract and the requisite experience, the technical know-how and the financial wherewithal required to successfully implement the terms of the Contract and to provide services sought by the Purchaser under the Contract


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3.2 That the Implementing Agency is not involved in any major litigation or legal proceedings, pending, existing, potential or threatened, that may have an impact of affecting or compromising the performance or execution of the work under the Contract.

3.3 That the representations and warranties made by the Implementing Agency in its Bid, Tender and Contract are and shall continue to remain true and fulfil all the requirements as are necessary for executing the obligations and responsibilities as laid down in the Contract and the Tender and unless the Purchaser specifies to the contrary, the Implementing Agency shall be bound by all the terms of the Bid and the Contract through the period of the Contract.

3.4 That the Implementing Agency has the professional skills, personnel, infrastructure and resources/authorizations that are necessary for providing all such services as are necessary to fulfil the scope of work stipulated in the RFP and the Contract.

3.5 That there shall not be any privilege, claim or assertion made by a third party with respect to right or interest in, ownership, mortgage or disposal of any asset, property, movable or immovable as mentioned in any Intellectual Property Rights.

3.6 That the execution of the scope of work and the Services herein is and shall be in accordance and in compliance with all applicable laws.

3.7 That all conditions precedent under the Contract have been satisfied.

3.8 That neither the execution and delivery by the Implementing Agency of the Contract nor the Implementing Agency’s compliance with or performance of the terms and provisions of the Contract (i) will contravene any provision of any Applicable Law or any order, writ, injunction or decree of any court or Governmental Authority binding on the Implementing Agency, (ii) will conflict or be inconsistent with or result in any breach of any or the terms, covenants, conditions or provisions of, or constitute a default under any Contract, Contract or instrument to which the Implementing Agency is a party or by which it or any of its property or assets is bound or to which it may be subject or (iii) will violate any provision of the Memorandum and Articles of Association of the Implementing Agency.

3.9 That the Implementing Agency certifies that all registrations, recordings, filings and notarizations of the Contract and all payments of any tax or duty, including but not limited to stamp duty, registration charges or similar amounts which are required to be effected or made by the Implementing Agency which is necessary to ensure the legality, validity, enforceability or admissibility in evidence of the Contract have been made.

3.10 That the Implementing Agency confirms that there has not and shall not occur any execution, amendment or modification of any agreement/contract without the prior written consent of the Purchaser, which may directly or indirectly have a bearing on the Contract or the Project.

3.11 That the Implementing Agency owns or has good, legal or beneficial title, or other interest in, to the property, assets and revenues of the Implementing Agency on which it grants or purports to grant or create any interest pursuant to the Contract, in each case free and clear of any encumbrance and further confirms that such interests created or expressed to be created are valid and enforceable.

3.12 That the Implementing Agency owns, has license to use or otherwise has the right to

use, which are required or desirable for performance of its services under the Contract. All Intellectual Property Rights (owned by the Implementing Agency or which the Implementing Agency is licensed to use) required by the Implementing Agency for the


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performance of the contract are valid and subsisting. All actions (including registration, payment of all registration and renewal fees) required to maintain the same in full force and effect have been taken thereon and shall keep the Purchaser indemnified in relation thereto.

3.13 That the Implementing Agency shall at all times maintain sufficient manpower, resources, and facilities, to provide the Services in a workmanlike manner on a timely basis.

3.14 That in providing the Services or deliverables or materials, neither Implementing Agency nor its agent, nor any of its employees, shall utilize information which may be considered confidential information of, or proprietary to, any prior employer or any other person or entity;

3.15 That the Implementing Agency shall provide adequate and appropriate support and

participation, on a continuing basis to the Purchaser.

4. Scope of Contract 4.1 Scope of the Contract shall be as defined in Section II - Scope of Work in this RFP.

4.2 The Purchaser or Purchaser’s representative reserves the right to amend any of the terms

and conditions with mutual agreement in relation to the Scope of Work and may issue any such directions which are not necessarily stipulated therein if it deems necessary for the fulfilment of the Scope of Work pursuant to Clause 20

5. Key Performance Measurements

5.1 Unless specified by the Purchaser to the contrary, the Implementing Agency shall execute

the Work and carry out the scope of work in accordance with the terms of the Contract, Scope of Work and the service specifications as laid down in Section VII – Service Level Agreement of this RFP.

5.2 The Purchaser reserves the right to amend any of the terms and conditions in relation to the Contract and may issue any such directions which are not necessarily stipulated therein if it deems necessary for the fulfilment of the scope of work. These changes shall be carried out as per mutual consent.

6. Performance Bank Guarantee

6.1 Within 15 days after the receipt of Letter of Intent of the Contract from the Purchaser, the

Implementing Agency shall furnish Performance Bank Guarantee to the Purchaser, which shall be equal to 10% of the purchase order value and shall be in the form of a Bank Guarantee Bond from a Nationalized Bank as per the format provided in Annexure F – Performance Bank Guarantee.

6.2 Validity of Performance Bank Guarantee

6.2.1 The Performance Bank Guarantee shall remain valid for a period of 62 (Sixty Two)

months from the date of issuance of Letter of Intent.


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6.2.2 No payment obligation on the Purchaser shall arise until the submission of the Performance Bank Guarantee by the Implementing Agency to the Purchaser.

7. Commencement and Progress 7.1 Implementing Agency shall proceed to carry out the activities / services with diligence

and expedition in accordance with any stipulation as to the time, manner, mode, and method of execution contained in the Contract.

7.2 The Implementing Agency shall be responsible for and shall ensure that all services are performed in accordance with the Contract, Scope of Work (Section II), Functional Specifications (Section VIII) and Technical Specifications (Section IX). Implementing Agency shall ensure that Implementing Agency’s Team complies with all specifications and all other standards, terms and other stipulations/conditions set out hereunder.

7.3 The items supplied under the Contract shall conform to the specifications provided in the Functional Specifications (Section VIII) and Technical Specifications (Section IX) of this RFP. Delivery of the items shall be made by the Implementing Agency in accordance with the terms specified by the Purchaser in its Letter of Intent / Purchase Order.

8. Contract Administration 8.1 No variation or modification of the terms of the Contract shall be made except by written

amendment mutually agreed and signed by both the parties.

8.2 Either party may appoint any individual / organization as their authorised representative through a written notice to the other party. Each authorised representative shall have the authority to: a) Exercise all of the powers and functions of his/her party under the Contract other

than the power to amend the Contract and ensure the proper administration and performance of the terms hereof; and

b) Bind his or her Party in relation to any matter arising out of or in connection with the Contract.

8.3 The Implementing Agency along with other members / third parties / OEMs shall be bound by all undertakings and representations made by the authorized representative of the Implementing Agency and any covenants stipulated hereunder, with respect to the Contract, for and on their behalf.

8.4 For the purpose of execution or performance of the obligations under the Contract, the Purchaser’s representative would act as an interface with the nominated representative of the Implementing Agency. The Implementing Agency shall comply with any instructions that are given by the Purchaser’s representative during the course of the Contract in relation to the performance of its obligations under the terms of the Contract and this RFP.

9. Purchaser’s Obligations

The Purchaser’s Representative shall interface with the Implementing Agency, to provide the required information, clarifications, and to resolve any issues as may arise during the execution of the Contract. Purchaser shall provide adequate cooperation in providing details, assisting with coordinating and obtaining of approvals from various


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governmental agencies, in cases, where the intervention of the Purchaser is proper and necessary.

10. Procurement as part of this tender would be in accordance with PMA Policy notified by

Government of India and its subsequent amendments, guidelines etc. for preference to domestically manufactured telecom products.

11. Intellectual property rights

11.1 Purchaser shall own and have Intellectual Property Rights of all the deliverables which

have been developed by the Implementing Agency during the performance of Services and for the purposes of inter-alia use of such Services under the Contract. The Implementing Agency undertakes to disclose all Intellectual Property Rights arising out of or in connection with the performance of the Services to the Purchaser and execute all such agreements/documents and file all relevant applications, effect transfers and obtain all permits and approvals that may be necessary in this regard to effectively conserve the Intellectual Property Rights of the Purchaser.

11.2 If Purchaser desires, Further, the Implementing Agency shall be obliged to ensure that all approvals, registrations which are inter-alia necessary for use of the infrastructure installed by the Implementing Agency, the same shall be acquired in the name of the Purchaser, prior to termination of the Contract and which shall be assigned by the Purchaser to the Implementing Agency for the purpose of execution of any of its obligations under the terms of the Bid, this RFP or the Contract. However, subsequent to the term of the Contract, such approvals etc. Shall endure to the exclusive benefit of the Purchaser.

11.3 The Implementing Agency shall ensure that while it uses any hardware, processes or

material in the course of performing the Services, it does not infringe the Intellectual Property Rights of any person and the Implementing Agency shall keep the Purchaser indemnified against all costs, expenses and liabilities whatsoever, arising out of any illegal or unauthorized use (piracy) or in connection with any claim or proceedings relating to any breach or violation of any permission/license terms or infringement of any Intellectual Property Rights by the Implementing Agency during the course of performance of the Services.

12. Record of Contract Documents

The Implementing Agency shall at all time make and keep sufficient copies of the specifications and Contract documents for him to fulfil his duties under the Contract, in excess of his own requirement and those copies shall be available at all times for use by the Purchaser’s Representative and by any other person authorised by the Purchaser’s Representative. 13. Ownership of Equipment

The Implementing Agency shall be the overall owner of and responsible for the solution and the equipment employed for provisioning of Wi-Fi/ Broadband Services until the ownership is transfer to the Purchaser at the end of the Program duration. 14. Indemnity

The Implementing Agency shall indemnify and defend USOF/ BBNL and its representatives and employees and hold USOF/ BBNL and its representatives and employees harmless from:


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14.1 Damages and losses caused by its negligent or intentional act or omission or any

damages and losses caused by the negligent act of any third party or subcontractor or agency engaged by the Implementing Agency;

14.2 Damages and losses resulting from the non-compliance with the established obligations; Third party claim against USOF/ BBNL or its nominated agency that any solution or equipment provided by the Implementing Agency for providing Wi-Fi/ Broadband Services infringes a copyright, trade secret, patents or other intellectual property rights of any third party in which case the Implementing Agency will defend such claim at its expense and will pay any costs or damages that may be finally awarded against USOF/ BBNL or its nominated agency. The Implementing Agency/ Implementing Agency will not indemnify USOF/ BBNL, however, if the claim of infringement is caused by (a) USOF/ BBNL’s misuse or modification of the deliverables; or (b) USOF/ BBNL’s failure to use corrections or enhancements made available by the Implementing Agency; or (c) USOF/ BBNL’s use of the deliverables in combination with any product or information not owned or developed or supplied by the Implementing Agency.

14.3 If any deliverable is or likely to be held to be infringing, the Implementing Agency

shall at its expense and option either (i) procure the right for USOF/ BBNL to continue using it, or (ii) replace it with a non-infringing equivalent, or (iii) modify it to make it non-infringing.

14.4 Any environmental damages caused by it and/or its representatives or employees or employees of any third party or subcontractor or agency engaged by the Implementing Agency.

14.5 Breach (either directly by it or through its representatives and/or employees) of any representation and warranty declared herein by it;

14.6 From any and all claims, actions, suits, proceedings, taxes, duties, levies, costs,

expenses, damages and liabilities, including attorneys’ fees, arising out of, connected with, or resulting from or arising in connections with the services provided by the Implementing Agency due to neglect, omission or intentional act.

15. Confidentiality

15.1 The Implementing Agency shall not use Confidential Information, the name or the

logo of the Purchaser except for the purposes of providing the Wi-Fi/ Broadband Services as specified under the Contract;

15.2 The Implementing Agency shall not, either during the term or 6 months after expiration of the Contract, disclose any proprietary or confidential information relating to the Services, Contract or the network architecture, Purchaser’s business or operations without the prior written consent of the Purchaser.

15.3 The Implementing Agency may only disclose Confidential Information in the

following circumstances: i. with the prior written consent of the Purchaser; ii. to a member of the Implementing Agency’s Team (“Authorized Person”) if:

A. the Authorized Person needs the Confidential Information for the performance of obligations under the Contract;


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B. the Authorized Person is aware of the confidentiality of the Confidential Information and is obliged to use it only for the performance of obligations under the Contract

15.4 The Implementing Agency shall do everything reasonably possible to preserve the confidentiality of the Confidential Information including execution of a confidential agreement with the members of the, subcontractors and other service provider’s team members to the satisfaction of the Purchaser.

15.5 The Implementing Agency shall sign a Non-Disclosure Agreement (NDA) with the Purchaser on mutually agreed terms and conditions. The Implementing Agency and its antecedents shall be bound by the NDA. The Implementing Agency will be held responsible for any breach of the NDA by its antecedents or delegates.

15.6 The Implementing Agency shall notify the Purchaser promptly if it is aware of any disclosure of the Confidential Information otherwise than as permitted by the Contract or with the authority of the Purchaser.

15.7 The Purchaser reserves the right to adopt legal proceedings, civil or criminal, against the Implementing Agency in relation to a dispute arising out of breach of obligation by the Implementing Agency under this clause.

16. Taxes

16.1 Prices charged by the supplier for goods delivered and services performed under the

contract shall not be higher than the prices quoted by the Supplier in its Bid except for variation caused by change in taxes/ duties as specified in Clause-15.2 mentioned below.

16.2 For changes in taxes/ duties during the scheduled delivery period, the unit price shall be regulated as under: (a) Prices will be fixed at the time of issue of purchase order as per taxes and statutory duties

applicable at that time

(b) In case of reduction of taxes and other statutory duties during the scheduled delivery 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.

16.3 Any increase in taxes and other statutory duties/ levies after the expiry of the delivery date shall be to the supplier's account. However, benefit of any decrease in these taxes/ duties shall be passed on to the Purchaser by the supplier.

17. Warranty 17.1A comprehensive on-site warranty and Operations & maintenance on all goods supplied

under the Contract shall be provided by the respective Original Equipment Manufacturer (OEM) through Implementing Agency's engineers/representatives till the end of the Contract.

17.2 Implementing Agency must ensure that technical Support shall be provided by the respective OEM for all deployed equipment till the end of the program duration.


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17.3 The Implementing Agency warrants that the goods supplied under the Contract are new, non- refurbished, unused and recently manufactured; shall not be nearing End of sale / End of support; and shall be supported by the Implementing Agency and respective OEM along with service and spares support to ensure its efficient and effective operation for the entire duration of the contract.

17.4 The Implementing Agency warrants that the goods supplied under the Contract shall

be of the reasonably acceptable grade and quality and consistent with the established and generally accepted standards for materials of this type. The goods shall be in full conformity with the specifications and shall operate properly and safely. All recent design improvements in goods, unless provided otherwise in the Contract, shall also be made available.

17.5 The Implementing Agency further warrants that the Goods supplied under the

Contract shall be free from all encumbrances and defects/faults arising from design, material, manufacture or workmanship (except insofar as the design or material is required by the Purchaser's Specifications)

17.6 The Purchaser shall promptly notify the Implementing Agency in writing of any

claims arising under this Warranty. 17.7 Upon receipt of such notice, the Implementing Agency shall, with all reasonable

promptness, repair or replace the defective Goods or parts thereof, without prejudice to any other rights which the Purchaser may have against the Implementing Agency under the Contract.

17.8 If the Implementing Agency, having been notified, fails to remedy the defect(s) within

a reasonable period, the Purchaser may proceed to take such remedial action as may be necessary, at the Implementing Agency’s risk and expense and without prejudice to any other rights which the Purchaser may have against the Implementing Agency under the Contract.

18. Penalty Ongoing performance and service levels shall be as per parameters stipulated by the Purchaser in the Contract, failing which the Purchaser may, at its discretion, impose penalties on the Implementing Agency as defined in Section VII: Service Level Agreements in this RFP.

19. Liquidated Damages

19.1 The Implementing Agency shall execute the Work and comply in all respects with the critical dates and the parties hereby agree that failure on part of the Implementing Agency to meet the critical dates without prejudice to any other rights that the Purchaser have, may lead to the imposition of such obligations as are laid down in this RFP and/or levy of penalty as per Clause 18 above and /or termination of the Contract as per Clause 28 of Section XIII of this RFP at the discretion of the Purchaser.

19.2 Penalties shall be capped to maximum of 10% of Project Cost. If the cumulative penalties exceed beyond 10% of the Project Cost, Purchaser has the right to terminate the contract or a portion or part of Work thereof as per the provisions of Clause 28 of Section XIII of this RFP.

19.3 The Purchaser may without prejudice to its right to effect recovery by any other

method, deduct the amount of liquidated damages from any money belonging to the


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Implementing Agency in its hands (which includes the Purchaser’s right to claim such amount against Implementing Agency’s/ Implementing Agency’s Performance Bank Guarantee) or which may become due to the Implementing Agency. Any such recovery or liquidated damages shall not in any way relieve the Implementing Agency from any of its obligations to complete the Work or from any other obligations and liabilities under the Contract.

19.4 Delay not attributable to the Implementing Agency arising out of force majeure

conditions provided in Clause 39 of Section XIII of this RFP will be considered for exclusion for the purpose of computing liquidated damages.

20. Term and extension of Contract

20.1 The term of the Contract shall be as per the conditions defined in Section V B:

Program Duration and Extension of this RFP.

21. Prices

Prices quoted must be firm and shall not be subject to any upward revision on any account whatsoever throughout the period of Contract. 22. Change Orders/Alteration/Variation

22.1 The Implementing Agency agrees that the requirements/quantities/ specifications

and Service requirements given in the Tender documents are minimum requirements and are in no way exhaustive and guaranteed by the Purchaser.

22.1.1 Any upward revision (up to 10%) and/or additions consequent to errors, omissions, ambiguities, discrepancies in the quantities, specifications, architecture etc. of the Tender documents which the Implementing Agency had not accounted for in his Bid shall not constitute a change order and such upward revisions and/or addition shall be carried out by the Implementing Agency without any time and cost effect to Purchaser.

22.1.2 It shall be the responsibility of the Implementing Agency to meet all the performance and other requirements of the Purchaser as stipulated in this RFP / Contract. Any upward revisions / additions of quantities, specifications, technical manpower, service requirements to those specified by the Implementing Agency in his Bid documents, that may be required to be made during installation / commissioning of the network or at any time during the currency of the Contract in order to meet the conceptual design, objective and performance levels or other requirements as defined in this RFP document shall be carried out by the Implementing Agency without any time or cost effect to Purchaser

22.2 The Purchaser may at any time, by a written change order given to the Implementing

Agency, make changes within the general scope of the Contract. The Purchaser will have the option to increase or decrease by up to 10% (decrease only if communicated to Implementing Agency prior to availing of services / dispatch of goods / equipment) the quantities and/or specifications of the goods/equipment to be supplied and installed by the Implementing Agency or service requirements, as mentioned in the Contract, at any time during the contract period.


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22.3 The written advice to any change shall be issued by the Purchaser to the Implementing Agency up to 4 (four) weeks prior to the due date of provisioning/supply of such goods/equipment or commencement of services.

22.4 In case of increase (up to 10%) in quantities / specifications or service requirements

or in case of additional requirement, the rate as provided in the Contract shall be considered as benchmark rates for procurement of the additional requirement from the Implementing Agency. However, based on the industry trends, Purchaser retains the right to review these rates. The additional requirement shall also be governed by the same terms and conditions as provided in the Contract except for the appropriate extension of time to be allowed for delivery/installation of such extra goods/equipment or for commencement of such services. In case of decrease in quantities or specifications of goods/equipment or service requirements, the Implementing Agency shall give a reduction in price at the rate given in the Contract corresponding to the said decrease.

22.5 In case applicable rates for the increase/decrease in question are not available in the

Contract then the rates as may be mutually agreed shall apply. The Implementing Agency shall not be entitled to any claim by way of change of price, damages, losses, etc. The Implementing Agency shall be compensated at actual for any cancellation charges provided the claim is duly supported by documentary evidence of having incurred cancellation charges, which resulted from Purchaser’s action in reducing/cancelling Scope of Work.

22.6 Conditions for Change Order:

22.6.1.1 The change order will be initiated only in case (i) the Purchaser or Purchaser’s

Technical Representative directs in writing the Implementing Agency to incorporate changes to the goods or design requirements already covered in the Contract; (ii) the Purchaser or Purchaser’s Technical Representative directs in writing to the Implementing Agency to include any addition to the scope of work or services covered under the Contract or delete any part thereof; (iii) Implementing Agency requests to delete any part of the work which will not adversely affect the work and if the deletions proposed are agreed to by the Purchaser and for which the cost and time benefits shall be passed on to the Purchaser.

22.6.1.2 Any change order comprising an alteration which involves change in the cost of the goods and/or services (hereinafter referred to as “Variation”) shall be the subject of an amendment to the Contract by way of an increase or decrease in the Project Cost and adjustment of the implementation schedule if any.

22.6.1.3 If there is a difference of opinion between the Implementing Agency and

Purchaser’s representative on whether a particular item, work or part of the work constitutes a change order or not, the matter shall be handled in accordance with the procedures set forth in Clause 22.7.11.

22.7 Procedures for change Order

22.7.1.1 Upon receiving any revised requirement/advice, in writing, from the Purchaser or

Purchaser’s technical representative, the Implementing Agency would verbally discuss the matter with Purchaser’s representative.

22.7.1.2 In case such requirement arises from the side of the Implementing Agency, he would also verbally discuss the matter with Purchaser’s representative giving reasons thereof.


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22.7.1.3 In either of the two cases as explained in Clause 22.7.1 and Clause 22.7.2 above,

the representatives of both the parties will discuss on the revised requirement for better understanding and to mutually decide whether such requirement constitutes a change order or not.

22.7.1.4 If it is mutually agreed that such requirement constitutes a change order then a

joint memorandum will be prepared and signed by the Implementing Agency and Purchaser to confirm a “Change Order” and basic ideas of necessary agreed arrangement.

22.7.1.5 Implementing Agency will study the revised requirement in accordance with the

joint memorandum under Clause 22.7.4 and assess subsequent schedule and cost effect, if any.

22.7.1.6 Upon completion of the study referred to above under Clause 22.7.5 the results of

this study along with all relevant details including the estimated time and cost effect thereof with supporting documents would be submitted to the Purchaser to enable the Purchaser to give a final decision whether Implementing Agency should proceed with the change order or not in the best interest of the works.

22.7.1.7 The estimated cost and time impact indicated by Implementing Agency shall be considered as a ceiling limit and shall be provisionally considered for taking a decision to implement change order.

22.7.1.8 The time impact applicable to the Contract shall be mutually agreed,

subsequently, on the basis of the detailed calculations supported with all relevant back up documents.

22.7.1.9 In case Implementing Agency fails to submit all necessary substantiation/calculations and back up documents, the decision of the Purchaser regarding time and cost impact shall be final and binding on the Implementing Agency.

22.7.1.10 If Purchaser accepts the implementation of the change order under Clause 22.7.6 in writing, which would be considered as change order, then Implementing Agency shall commence to proceed with the enforcement of the change order pending final agreement between the parties with regard to adjustment of the Project Cost and the Implementation Timelines as per Section V A of this RFP.

22.7.1.11 In case, mutual agreement under Clause 22.7.4 above, i.e. whether new requirement constitutes the change order or not, is not reached, then Implementing Agency in the interest of the works, shall take up the enforcement of the change order, if advised in writing to do so by Purchaser’s representative pending settlement between the two parties to the effect whether such requirement constitutes a change order or not as per the terms and conditions of Contract documents. The time and cost effects in such a case shall be mutually verified and recorded. Should it establish that the said work constitutes a change order, the same shall be compensated taking into account the records kept in accordance with the Contract.

22.7.1.12 The Implementing Agency shall submit the necessary back up documents for the

change order showing the break-up of the various elements constituting the change order for the Purchaser’s review. If no agreement is reached between the Purchaser and Implementing Agency within 60 days after Purchaser’s instruction


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in writing to carry out the change concerning the increase or decrease in the Contract Value and all other matters described above, either party may refer the dispute to arbitration.

22.8 Conditions for Change Order: The provisions of the Contract shall apply to Change

Order as if the Change Order has been included in the original Scope of work. However, the Contract Value shall increase / decrease and the schedule shall be adjusted on account of the Change Order(s) as may be mutually agreed in terms of provisions set forth in Clause 22. The Implementing Agency’s obligations with respect to such Change Order shall remain in accordance with the Contract

23. Suspension of Work

23.1 The Implementing Agency shall, if ordered in writing by the Purchaser’s

Representative, temporarily suspend the works or any part thereof for such a period and such a time as ordered, then Implementing Agency shall not be entitled to claim compensation for any loss or damage sustained by him by reason of temporary suspension of the Works as aforesaid but shall be eligible for the payment (of products/services delivered and accepted) during the suspension period as per the Contract. An extension of time for completion, corresponding with the delay caused by any such suspension of the works as aforesaid shall be granted to the Implementing Agency, if request for same is made and that the suspension was not consequent to any default or failure on the part of the Implementing Agency. In case the suspension of works, is not consequent to any default or failure on the part of the Implementing Agency, and lasts for a period of more than 2 months, the Implementing Agency shall have the option to request the Purchaser to terminate the Contract with mutual consent.

23.2 In the event that the Purchaser suspends the progress of work for any reason not attributable to the Implementing Agency for a period in excess of 30 days in aggregate, rendering the Implementing Agency to extend his performance guarantee then Purchaser shall bear only the cost of extension of such bank guarantee for such extended period restricted to the normal bank rates as applicable in the international banking procedures subject to the Implementing Agency producing the requisite evidence from the bank concerned.

24. Time is Essence

Time shall be of the essence in respect of any date or period specified in the Contract or any notice, demand or other communication served under or pursuant to any provision of the Contract and in particular in respect of the completion of Work by the Implementing Agency by the completion date as defined in Section V A, Section VI and Section VII of this RFP. 25. Completion of the Contract

25.1 Unless terminated earlier, pursuant to Clauses 3, 11.3, 13 and 15 above, the Contract

shall terminate on the completion of term as specified in the Contract and only after the obligations mentioned in Clause 28 are fulfilled to the satisfaction of the Purchaser.

25.2 Special Conditions of Contract Amendments of, and Supplements to, Clauses in the General Conditions of Contract.

26. Event of default by the Implementing Agency


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26.1 The failure on the part of the Implementing Agency to perform any of its obligations or comply with any of the terms of the Contract which results in a material breach of the Contract shall constitute an Event of Default on the part of the Implementing Agency. The events of default as mentioned above may include inter-alia the following:

26.1.1 The Implementing Agency has failed to adhere to any of the key performance indicators as laid down in the Key Performance Measures / Contract, or if the Implementing Agency has fallen short of matching such standards/targets as the Purchaser may have designated with respect to any task necessary for the execution of the scope of work under the Contract which results in a material breach of the contract. The above mentioned failure on the part of the Implementing Agency may be in terms of failure to adhere to timelines, specifications, requirements or any other criteria as defined by the Purchaser;

26.1.2 The Implementing Agency has failed to remedy a failure to perform its obligations in accordance with the specifications issued by the Purchaser, despite being served with a default notice which laid down the specific deviance on the part of the Implementing Agency to comply with any stipulations or standards as laid down by the Purchaser; or

26.1.3 The Implementing Agency’s team has failed to conform with the Functional and Technical Specifications defined in Section VIII and XI of this RFP or has failed to adhere to any amended direction, modification or clarification as issued by the Purchaser during the term of the Contract and which the Purchaser deems proper and necessary for the execution of the scope of work under the Contract.

26.1.4 The Implementing Agency has failed to demonstrate or sustain any representation or

warranty made by it in the Contract, with respect to any of the terms of its Bid, the Tender and the Contract

26.1.5 There is an order from a court of competent jurisdiction for bankruptcy, insolvency,

winding up or there is an appointment of receiver, liquidator, assignee, or similar official against or in relation to the Implementing Agency.

26.2 Where there has been an occurrence of such defaults inter alia as stated above, the

Purchaser shall issue a notice of default to the Implementing Agency, setting out specific defaults / deviances / omissions and providing a notice of Sixty (60) days to enable Implementing Agency to remedy the default committed.

26.3 Where despite the issuance of a default notice to the Implementing Agency by the Purchaser the Implementing Agency fails to remedy the default to the satisfaction of the Purchaser, the Purchaser may, where it deems fit, issue to the Implementing Agency a default notice or proceed to adopt such remedies as may be available to the Purchaser.

27. Consequences of Event of Default 27.1 Where an Event of Default subsists or remains uncured the Purchaser may/shall be

entitled to:

27.2 The Implementing Agency shall in addition take all available steps to minimize loss resulting from such event of default.


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27.3 The Purchaser may, by a written notice of suspension to the Implementing Agency, suspend all payments to the Implementing Agency under the Contract, provided that such notice of suspension: i. shall specify the nature of the failure; and ii. shall request the Implementing Agency to remedy such failure within a specified

period from the date of receipt of such notice of suspension by the Implementing Agency

27.4 Termination of the Contract in part or full: The Purchaser shall have the following

rights in the event of termination of the Contract either in part or in full: 27.4.1.1 Retain such amounts from the payment due and payable by the Purchaser to the

Implementing Agency as may be required to offset any losses caused to the Purchaser as a result of such event of default and the Implementing Agency shall compensate the Purchaser for any such loss, damages or other costs, incurred by the Purchaser in this regard. Nothing herein shall effect the continued obligation of the Implementing Agency to perform all their obligations and responsibilities under the Contract in an identical manner as were being performed before the occurrence of the default.

27.4.1.2 Invoke the Performance Bank Guarantee and other guarantees as maybe furnished hereunder to recover such other costs/losses and other amounts from the Implementing Agency as may have resulted from such default and pursue such other rights and/or remedies that may be available to the Purchaser under law.

28. Termination 28.1 The Purchaser may, terminate the Contract in whole or in part by giving the

Implementing Agency a prior and written notice indicating its intention to terminate the Contract under the following circumstances:

a) Where the Purchaser is of the opinion that there has been such Event of Default on

the part of the Implementing Agency which would make it proper and necessary to terminate the Contract and may include failure on the part of the Implementing Agency to respect any of its commitments with regard to any part of its obligations under its Bid, the RFP or under the Contract.

b) Where it comes to the Purchaser’s attention that the Implementing Agency (or the Implementing Agency’s Team) is in a position of actual conflict of interest with the interests of the Purchaser, in relation to any of terms of the Implementing Agency’s Bid, the RFP or the Contract.

c) Where the Implementing Agency’s ability to survive as an independent corporate

entity is threatened or is lost owing to any reason whatsoever, including inter-alia the filing of any bankruptcy proceedings against the Implementing Agency, any failure by the Implementing Agency to pay any of its dues to its creditors, the institution of any winding up proceedings against the Implementing Agency or the happening of any such events that are adverse to the commercial viability of the Implementing Agency. In the event of the happening of any events of the above nature, the Purchaser shall reserve the right to take any steps as are necessary, to ensure the effective transition of the project to a successor Implementing Agency/service provider, and to ensure business continuity.


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d) Termination for Insolvency: The Purchaser may at any time terminate the Contract by giving written notice to the Implementing Agency, without compensation to the Implementing Agency, if the Implementing Agency becomes bankrupt or otherwise insolvent, 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.

e) Termination for Convenience: The Purchaser, may, by prior written notice sent to the

Implementing Agency at least 6 months in advance, terminate the Contract, in whole or in part at any time for its convenience. The notice of termination shall specify that termination is for the Purchaser’s convenience, the extent to which performance of work under the Contract is terminated, and the date upon which such termination becomes effective.

28.2 The Implementing Agency may, subject to approval by the Purchaser, terminate the Contract before the expiry of the term by giving the Purchaser a prior and written notice at least 12 months in advance indicating its intention to terminate the Contract.

29. Consequences of Termination

29.1 In the event of termination of the Contract due to any cause whatsoever, the contract

with stand cancelled effective from the date of termination of the Contract.

29.2 In case of exigency, if the Purchaser gets the work done from elsewhere, the difference in the cost of getting the work done will be borne by the Implementing Agency of the value of the goods/services for which alternative option is sorted to.

29.3 Where the termination of the Contract is prior to its stipulated term on account of a default on the part of the Implementing Agency or due to the fact that the survival of the Implementing Agency as an independent corporate entity is threatened/has ceased, or for any other reason, whatsoever, the Purchaser through redetermination of the consideration payable to the Implementing Agency as agreed mutually by the Purchaser and the Implementing Agency or through a third party acceptable to both the parties may pay the Implementing Agency for that part of the Services which have been authorized by the Purchaser and satisfactorily performed by the Implementing Agency up to the date of termination. Without prejudice to any other rights, the Purchaser may retain such amounts from the payment due and payable by the Purchaser to the Implementing Agency as may be required to offset any losses caused to the Purchaser as a result of any act/omissions of the Implementing Agency. In case of any loss or damage due to default on the part of the Implementing Agency in performing any of its obligations with regard to executing the scope of work under the Contract, the Implementing Agency shall compensate the Purchaser for any such loss, damages or other costs, incurred by the Purchaser. Additionally, other members of its team shall perform all its obligations and responsibilities under the Contract in an identical manner as were being performed before the collapse of the Implementing Agency as described above in order to execute an effective transition and to maintain business continuity. All third parties shall continue to perform all/any functions as stipulated by the Purchaser and as may be proper and necessary to execute the scope of work under the Contract in terms of the Implementing Agency’s bid, the RFP and the Contract.

29.4 Nothing herein shall restrict the right of the Purchaser to invoke the Bank Guarantee and other guarantees furnished hereunder, enforce the deed of indemnity and pursue such other rights and/or remedies that may be available to the Purchaser under law.


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29.5 The termination hereof shall not affect any accrued right or liability of either Party nor affect the operation of the provisions of the Contract that are expressly or by implication intended to come into or continue to be in force on or after such termination.

30. Arbitration

30.1 In the event of any question, dispute or difference arising under this agreement or in connection therewith (except as to the matters, the decision to which is specifically provided under this agreement), the same shall be referred to the sole arbitration of the USOF/ BBNL 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 USOF/ BBNL or by whatever designation such an officer may be called (hereinafter referred to as the said officer), and if the USOF/ BBNL (officer) or the said officer is unable or unwilling to act as such, then to the sole arbitration of some other person appointed by the USOF/ BBNL 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 on the ground that the arbitrator is a 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 a Government Servant/ PSU Employee he has expressed his views on all or any of the matters in dispute. The award of the arbitrator shall be final and binding on both the parties to the agreement. In the event of such an arbitrator to whom the matter is originally referred, being transferred or vacating his office or being unable to act for any reason whatsoever, the USOF/ BBNL or the said officer shall appoint another person to act as an 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.

30.2 The arbitrator may from time to time with the consent of both the parties enlarge the time frame for making and publishing the award. Subject to the 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.

30.3 The venue of the arbitration proceeding shall be the office of the USOF/ BBNL, New Delhi or such other places as the arbitrator may decide.

31. Insurance

31.1 The Goods supplied under the Contract shall be fully insured by the Implementing

Agency, against any loss or damage up to the duration of the project as defined in Section V A: Program Duration and Extension of this. The Implementing Agency shall submit to the Purchaser, certificate of insurance issued by the insurance company, indicating that such insurance has been taken.

31.2 The Implementing Agency shall bear all the statutory levies like customs, insurance, freight, etc. applicable on the goods during their shipment from respective manufacturing/shipment site of the OEM to the port of landing.

31.3 All charges like transportation charges, etc. that may be applicable till the goods are delivered at the respective site of installation shall also be borne by the Implementing Agency.

31.4 The Implementing Agency during the term of the Contract undertakes to ensure that it has taken or will take up all appropriate insurances for the delivery of goods that it is


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required to undertake under law as well as to adequately cover its obligations under the Contract: shall take out and maintain, at his own cost insurance with IRDA approved insurers against the risks, and for the coverage, as specified below: shall pay all premium in relation thereto and shall ensure that nothing is done to make such insurance policies void or voidable at the Purchaser’s request, shall provide certificate of insurance to the Purchaser showing that such insurance has been taken out and maintained. Employer's liability and workers' compensation insurance in respect of the Personnel of the Implementing Agency/ Implementing Agency’s Team, in accordance with the relevant provisions of the Applicable Law, as well as, with respect to such Personnel, any such life, health, accident, travel or other insurance as may be appropriate; and Insurance against loss of or damage to (i) equipment or assets procured in whole or in part for fulfilment of obligations under the Contract (ii) the Implementing Agency’s assets and property used in the performance of the Services

32. Transfer of Ownership

The Implementing Agency must transfer all titles to the assets and goods procured for the purpose of the project to the Purchaser at the end of the Program duration. 33. Limitation of the Implementing Agency’s Liability towards the Purchaser

33.1 Except in case of gross negligence or wilful misconduct on the part of the

Implementing Agency or on the part of any person or company acting on behalf of the Implementing Agency in carrying out the Services, the Implementing Agency, with respect to damage caused by the Implementing Agency to Purchaser’s resulting in bodily injury, death or damage to physical property with respect to all claims arising under the Contract, shall in aggregate not be liable to Purchaser:

i. For any indirect or consequential loss or damage; and

ii. For any direct loss or damage that exceeds the total payments payable under this

Contract to the Implementing Agency hereunder.

33.2 This limitation of liability shall not affect the Implementing Agency’s liability, if any, for direct damage to Third Parties resulting in bodily injury, death or damage to physical property caused by the Implementing Agency or any person or firm/company acting on behalf of the Implementing Agency in executive of Work.

34. Conflict of Interest

34.1 Any Implementing Agency found to have a Conflict of Interest shall be disqualified.

In the event of disqualification, the Purchaser shall forfeit and appropriate the EMD, if available, as mutually agreed, without prejudice to any other right or remedy that may be available to the Purchaser hereunder or otherwise. The Implementing Agency shall disclose to the Purchaser in writing, all actual and potential conflicts of interest that exist, arise or may arise (either for the Implementing Agency or the Implementing Agency’s Team) in the course of executing the Work as soon as practical after it becomes aware of that conflict.

34.2 The Purchaser requires that the Implementing Agency provides services which at all times hold the Purchaser’s interests paramount, avoid conflicts with other assignments or its own interests, and act without any consideration for future work. The Implementing Agency shall not accept or engage in any assignment that would be in


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conflict with its prior or current obligations to other clients, or that may place it in a position of not being able to carry out the assignment in the best interests of the Purchaser.

35. Severance

In the event any provision of the Contract is held to be invalid or unenforceable under the applicable law, the remaining provisions of the Contract shall remain in full force and effect.

36. Governing Language

The Contract shall be written in English language only. All correspondence and other documents pertaining to the Contract that are exchanged by parties shall be written in English language only 37. No Claim Certificate The Implementing Agency shall not be entitled to make any claim, whatsoever against the Purchaser, under or by virtue of or arising out of, the Contract, nor shall the Purchaser entertain or consider any such claim, if made by the Implementing Agency after he shall have signed a “No Claim” certificate in favour of the Purchaser in such forms as shall be required by the Purchaser after the works are finally accepted. 38. Publicity

The Implementing Agency shall not make or permit to be made a public announcement or media release about any aspect of the Contract unless the Implementing Agency obtains Purchaser’s prior consent in writing. 39. Force Majeure

39.1 If, at any time, during the continuance of the Contract, the performance in whole or

in part by either party of any obligation under the Contract is prevented or delayed by reasons of any war or hostility, acts of the public enemy, civil commotion, sabotage, fires, floods, explosions, epidemics, quarantine restrictions, strikes, lockouts or act of God (hereinafter referred to as “Event”) 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 the Contract nor shall either party have any claim for damages against the other party 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 the 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.

39.2 Provided, also that if the contract is terminated under this clause, the Purchaser shall be at liberty to take over from the Implementing Agency at a price to be fixed by the purchaser, 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 Implementing Agency at the time of such termination or such portion thereof as the


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purchaser may deem fit, except such materials, bought out components and stores as the Implementing Agency may with the concurrence of the Purchaser elect to retain.

40. General

40.1 Relationship between the Parties

a) Nothing in the Contract constitutes any fiduciary relationship between the

Purchaser and Implementing Agency or any relationship of employer and employee, principal and agent, or partnership, between the Purchaser and Implementing Agency.

b) No Party has any authority to bind the other party in any manner whatsoever except as agreed under the terms of the Contract.

c) The Purchaser has no obligations to the Implementing Agency except as agreed under the terms of the Contract.

40.2 No Assignment: The Implementing Agency shall not transfer any interest, right,

benefit or obligation under the Contract without the prior written consent of the Purchaser.

40.3 Survival: The provisions of the clauses of the Contract in relation to documents, property, Intellectual Property Rights, indemnity, publicity and confidentiality and ownership survive the expiry or termination of the Contract and in relation to confidentiality, the obligations continue to apply unless the Purchaser notifies the Implementing Agency of its release from those obligations.

40.4 Entire Contract: The terms and conditions laid down in the Tender and all annexure thereto as also the Bid and any attachments/annexes thereto shall be read in consonance with and form an integral part of the Contract. The Contract supersedes any prior Contract, understanding or representation of the Parties on the subject matter.

40.5 Governing Law: The Contract shall be governed in accordance with the laws of India.

40.6 Jurisdiction of Courts: The courts of India at Delhi have exclusive jurisdiction to determine any proceeding in relation to the Contract.

40.7 Compliance with Laws: The Implementing Agency shall comply with the laws in force in India in the course of performing the Contract.

40.8 Notices: A “Notice” means: i. A notice; or ii. A consent, approval or other communication required to be in writing under this

Contract. All notices, requests or consents provided for or permitted to be given under the Contract shall be in writing and shall be deemed effectively given when personally delivered or mailed by prepaid certified/registered mail, return receipt requested, addressed as follows and shall be deemed received two days after mailing or on the date of delivery if personally delivered: To Purchaser at: USOF/ BBNL <<Attn: XXXX, XXXX, USOF/ BBNL >>


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[Phone:] [Fax:]>> To Implementing Agency at: Attn: [Phone:] [Fax:] Any party may change the address to which notices are to be directed to it by notice to the other parties in the manner specified above. A notice served on a authorised representative is taken to be notice to that of the authorised representative’s party.

40.9 Waiver:

a) Any waiver of any provision of the Contract is ineffective unless it is in writing and

signed by the Party waiving its rights.

b) A waiver by either Party in respect of a breach of a provision of the Contract by the other Party is not a waiver in respect of any other breach of that or any other provision.

c) The failure of either Party to enforce at any time any of the provisions of the Contract shall not be interpreted as a waiver of such provision.

40.10 Modification: Any modification of the Contract shall be in writing and signed by an authorized representative of each Party.

40.11 Application: These General Conditions shall apply to the extent that provisions in other parts of the Contract do not supersede them.

41. Exit Management Plan

41.1 An Exit Management plan shall be furnished by Implementing Agency in writing to

the Purchaser within 60 days from the date of signing the Contract, which shall deal with at least the following aspects of exit management in relation to the contract as a whole and in relation to execution of Work: i. A detailed program of the transfer process that could be used in conjunction with

a Replacement Service Provider including details of the means to be used to ensure continuing provision of the services throughout the transfer process or until the cessation of the services and of the management structure to be used during the transfer;

ii. Plans for provision of contingent support to Project and Replacement Service Provider for a reasonable period after transfer.

iii. Exit Management plan in case of normal termination of Contract period

iv. Exit Management plan in case of any eventuality due to which Project is terminated before the contract period.

v. Exit Management plan in case of termination of the Implementing Agency


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41.2 Exit Management plan at the minimum must adhere to the following: i. Three (3) months of the support to Replacement Service Provider post

termination of the Contract

ii. Complete handover of the planning documents, bill of materials, technical specifications of all equipment, user manuals, guides, IPR, network architecture, change requests if any reports, documents and other relevant items to the Replacement Service Provider/Purchaser

iii. Certificate of Acceptance from authorized representative of Replacement Service Provider issued to the Implementing Agency on successful completion of handover and knowledge transfer

iv. In the event of termination or expiry of the Contract both Implementing Agency and Purchaser shall comply with the Exit Management Plan.

v. During the exit management period, the Implementing Agency shall use its best efforts to continue provisioning of Wi-Fi/ Broadband Services.


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Annexure A – Population wise active users, access points and

bandwidth requirement The Implementing Agency (ies) will require to ensure a minimum number of unique active users of the Wi-Fi/ Broadband Services. The minimum required unique active users shall be calculated as average of all active users at the District level as an average of all consumers. For example, consider a District with 100 Gram Panchayats and average population per Gram Panchayat in the District being in Category C as per below table (i.e. population of 3,501 – 7,500). The average number of active users per Gram Panchayat for this District will be 18,000 (Eighteen Thousand) users. This is arrived at by multiplying 180 active user per Gram Panchayat for 100 Gram Panchayats. (i.e. 180 * 100). The active user base shall be calculated at the District level. For the above example, Implementing Agency will have to ensure at least 18,000 unique active user at the District level by the start of steady state, i.e. from 24 months from the date of issuance of Work Order.

Average Population per Gram Panchayat in the District

Category Minimum number of unique active users base in steady state

Minimum number of Access Points/ Broadband equipment per Gram Panchayat

Minimum bandwidth requirement per Gram Panchayat

0 – 1,000 A 30 1 2Mbps 1,001 – 3,500 B 100 2 4 Mbps 3,501 – 7,500 C 180 3 6 Mbps 7,501 – 12,000 D 300 4 8 Mbps = > 12,001 E 360 5 10 Mbps

Note:

1. A unique active user is defined as an individual user (with unique login credentials as per the existing KYC norms) who:

a. Uses the Wi-Fi/ Broadband Services at least twice a month with a minimum session time of 10 mins each (continuous and without disruption)

b. Consumes at least 200 MB of data per month

2. Minimum 2 Mbps bandwidth to be provisioned at each of the Access Points as per the number defined for each of the Gram Panchayat categories (population wise).

3. Minimum bandwidth requirement is exempted for the locations where BharatNet bandwidth is provisioned/ will be provisioned through VSAT.


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Annexure B: Proposed Packages for execution of Program

Circle Proposed Packages

State Total Gram Panchayats (Estimated)

Avg. GP Population

Estimated APs/ Broadband equipment

Estimated APs in the package

North East

Package 1 (8,564 GPs)

ARUNACHAL PRADESH 668 577 668

6970

North East MANIPUR 630 636 630

North East MEGHALAYA 894 1,963 1788

North East MIZORAM 380 689 380

North East NAGALAND 873 1,416 1,746

North East TRIPURA 879 2,657 1758 Andhra Pradesh Package 2 ANDHRA PRADESH 12,918 2,584 25,836 25,836

Assam Package 3 ASSAM 2,485 10,788 9,940 9,940

Bihar Package 4 BIHAR 8,106 10,964 32424 32424 Madhya Pradesh Package 5 CHHATTISGARH 8277 2,155 16554 16554

Gujarat Package 6 GUJARAT 6,800 2,568 13,600 13,600

Gujarat Package 7 (6,745 GPs)

GUJARAT 6,710 2,568 13,420

13,545 Gujarat

DADRA & NAGAR HAVELI 20 9,156 80

Gujarat DAMAN & DIU 15 4,026 45

Haryana Package 8 HARYANA 6,090 2,711 12,180 12,180 Himachal Pradesh Package 9

HIMACHAL PRADESH 3,233 1,903 6,466 6,466

Jammu & Kashmir Package 10

JAMMU & KASHMIR 3191 2,235 6382 6382

Bihar Package 11 JHARKHAND 4015 5,789 12,045 12,045

Karnataka Package 12 KARNATAKA 5914 6,151 17742 17742

Kerala Package 13 (987 GPs)

KERALA 952 17,882 4,760 4,780

Kerala LAKSHADWEEP 10 1,414 20

Orissa Package 14 ODISHA 6,101 5,614 18,303 18,303

Punjab Package 15 (12,654 GPs)

PUNJAB 12,642 1,372 25,284 25,284

Punjab CHANDIGARH 0 2,416 0

Rajasthan Package 16 RAJASTHAN 9,152 5,609 27,456 27,456

Tamil Nadu Package 17 (11,660 GPs)

TAMIL NADU 11,562 3,220 23,124 23,139

Tamil Nadu PUDUCHERRY 5 4,033 15 Andhra Pradesh Package 18 TELANGANA 8,898 2,584 17,796 17,796

UP West Package 19 UTTAR PRADESH - WEST_1 7,060 3,011 14,120 14,120

UP West Package 20 UTTAR PRADESH - WEST_2 7,066 3,011 14,132 14,132

UP West Package 21 UTTARAKHAND 7,134 930 7,134 7,134

West Bengal Package 22 (4,387 GPs)

WEST BENGAL 3,350 18,562 16,750

17,856 West Bengal

ANDAMAN & NICOBAR ISLANDS 69 3,436 138

West Bengal SIKKIM 968 472 968


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Circle Proposed Packages

State Total Gram Panchayats (Estimated)

Avg. GP Population

Estimated APs/ Broadband equipment

Estimated APs in the package

Madhya Pradesh Package 23

MADHYA PRADESH_1 10762 2,290 21524 21524

Madhya Pradesh Package 24

MADHYA PRADESH_2 10762 2,290 21524 21524

Maharashtra Package 25 MAHARASHTRA_1 9,214 2,214 18,428 18,428



UP East Package 28 UTTAR PRADESH - EAST_1 12,046 3,011 24,092 24,092



Note:

1. The above work packages are indicative only and averaged out at the State/ work package level

2. The average population and corresponding number of APs shall be averaged at the District level within a particular work package


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Annexure C: Bid Submission Checklist Bidders must submit all the documents/ information as mentioned below as part of their bid response. # Particulars Provided as part

of bid response (Yes/ No)

1. Certificate of Incorporation from RoC for registration of company(ies) under Companies Act 1956 or Companies Act 2013

2. Copy of licensing agreement of ISP (Class A or B)

3. Audited financial report for average turnover of INR 75 Crores over last three years or INR 100 Crores in the last financial year (CA certified)

4. Positive Net worth Certificate for two of last three years (CA certified)

5. A valid power of attorney to be attached for the authorized signatory of the bidder authorizing the power of attorney holder to sign the bid and perform other functions as part of bid process on behalf of the bidder.

6. Self-Certified statement that firm is not blacklisted

7. MAF from OEM partner along with warranty undertaking for 66 months

8. Completion certificate issued to OEM for successful deployment of APs (10,000 outdoor units) from customers

9. Self certificate of having provided internet broadband or mobile internet services to at least 10,000 subscribers over the last five years Or Self-certificate of having implemented Wi-Fi hotspot services or any other suitable broadband technology with at least 1,000 outdoor access points/ equipment over the last five years.

10. Type Test Certificate for AP from IEEE, Wi-Fi alliance or TEC, New Delhi or TSEC, BSNL, Bangalore as per technical specifications in Section IX.A

11. Bid Security

12. ETA and WPC certificate for all proposed makes and models of Wi-Fi Access Points or any other broadband technology equipment

13. NOC availability as per technical and functional specifications

14. Compliance statement to all technical and functional specifications, to be signed and certified by the authorised signatory

15. Compliance statement to general conditions of contract, to be signed and certified by the authorised signatory


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Annexure D: Bid Form

Work Package# States Covered

Estimated no. of GPs

Estimated No. of Wi-Fi Access Points/ Broadband equipment

Benchmark Subsidy per GP

Subsidy Sought (%age of benchmark Subsidy)

Total Subsidy sought (3 X ((5 X 6) / 100))

GST (%age)

1 2 3 4 5 6 7

Package 1

Arunachal Pradesh, Manipur, Meghalaya, Mizoram, Nagaland, Tripura 4324 6970 150,000

Package 2 Andhra Pradesh 12918 25,836 150,000

Package 3 Assam 2485 9,940 150,000

Package 4 Bihar 8106 32424 150,000

Package 5 Chhattisgarh 8277 16554 150,000

Package 6 Gujarat 6800 13,600 150,000

Package 7

Gujarat, Dadra and Nagar Haveli, Daman and Diu 6745 13,545 150,000

Package 8 Haryana 6090 12,180 150,000

Package 9 Himachal Pradesh 3233 6,466 150,000

Package 10 Jammu & Kashmir 3191 6382 150,000

Package 11 Jharkhand 4015 12,045 150,000

Package 12 Karnataka 5914 17742 150,000

Package 13 Kerala and Lakshadweep 962 4,780 150,000

Package 14 Odisha 6101 18303 150,000

Package 15 Punjab and Chandigarh 12642 25,284 150,000

Package 16 Rajasthan 9152 27,456 150,000

Package 17 Tamil Nadu and Puducherry 11567 23,139 150,000

Package 18 Telangana 8898 17,796 150,000

Package 19 Uttar Pradesh – West_1 7060 14,120 150,000

Package 20 Uttar Pradesh – West_2 7,066 14,132 150,000

Package 21 Uttarakhand 7134 7,134 150,000

Package 22

West Bengal, Andaman and Nicobar Islands and Sikkim 4,387 17,856 150,000

Package 23 Madhya Pradesh_1 10762 21524 150,000

Package 24 Madhya Pradesh_2 10762 21524 150,000

Package 25 Maharashtra_1 9214 18,428 150,000

Package 26 Maharashtra_2 9,214 18,428 150,000

Package 27 Maharashtra_3 9,213 18,426 150,000

Package 28 Uttar Pradesh – East_1 12046 24,092 150,000

Package 29 Uttar Pradesh – East_2 12047 24,094 150,000

Package 30 Uttar Pradesh – East_3 12,046 24,092 150,000

Note:

a. The above includes required backhaul bandwidth charges. b. All prices are in Indian Rupees (INR) and exclusive of taxes and duties


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Annexure E: Bid Security Form Whereas .................................. (hereinafter called "the Bidder") has submitted its bid dated............for provisioning of Wi-Fi Services or any other suitable broadband technology vide Package No……………… of 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 Broadband Network Limited (hereinafter called "the Purchaser") in the sum of Rs .................... for which payment will and truly to be made to the said Purchaser, the Bank binds itself, its successors and assigns by these present. THE CONDITIONS of the obligation are:

1. If the Bidder withdraws or amends its bid or impairs or derogates from the bid in any respect during the period of bid validity specified by the Bidder on the Bid form or extended subsequently; or

2. If the Bidder, having been notified of the acceptance of its 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 within the specified time,

in accordance with the instructions to Bidders. We undertake to pay to the Purchaser up to the above amount upon receipt of its first written 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 owing 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 in clauses 12 and 28.2 of section II of the Bid Document up to and including THIRTY (30) days after the Period of bid validity and any demand in respect thereof should reach the Bank not later than the specified date/ dates. (Signature of the Bank Officer)

Rubber stamp of the bank:

Place: ………………… Authorized Power of Attorney Number: ………………………………

Date: ………………… Name of the Bank officer: …………………………...……..

Designation: ……………………………………………...….

Complete Postal address of Bank: ………………………..

Name & Signature of witness ……………………………………………………………..…

Address of witness Telephone Numbers ………………………………………..

Fax numbers…………………………………………………


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Annexure F: Performance Bank Guarantee

(To be typed on non-judicial stamp paper)

In consideration of the CMD, Bharat Broadband Network Limited (hereinafter called 'BBNL') having agreed to exempt ___________________ (hereinafter called 'the said contractor(s)') from the demand under the terms and conditions of an agreement/ Letter of Intent/ Advance Purchase Order No ________________ dated ____________ made between _____________________ and __________________ for the provisioning of Wi-Fi / Broadband Services in work package _______________________ (hereinafter called "the said agreement "), of security deposit for the due fulfilment by the said contractor (s) of the terms and conditions contained in the said Agreement, on production of the bank guarantee for _____________________________________we, (name of the bank) _________________________ ( hereinafter refer to as "the bank") at the request of ___________________________________ (contractor(s)) do hereby undertake to pay to the BBNL an amount not exceeding ___________________ against any loss or damage caused to or suffered or would be caused to or suffered by BBNL by reason of any breach by the said Contractor(s) of any of the terms or conditions contained in the said Agreement. 2. We (name of the bank) ____________________ do hereby undertake to pay the amounts due and payable under this guarantee without any demure, merely on a demand from the BBNL by reason of breach by the said contractor(s)' of any of the terms or conditions contained in the said Agreement or by reason of the contractors(s)' failure to perform the said Agreement. Any such demand made on the bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee where the decision of BBNL in these counts shall be final and binding on the bank. However, our liability under this guarantee shall be restricted to an amount not exceeding ___________________________________. 3. We undertake to pay to the BBNL any money so demanded notwithstanding any dispute or disputes raised by the contractor(s)/ Contractor(s) in any suit or proceeding pending before any court or tribunal relating thereto our liability under this present being absolute and unequivocal. The payment so made by us under this bond shall be valid discharge of our liability for payment there under and the contractor(s)/ Contractor(s) shall have no claim against us for making such payment. 4. We (name of the bank)_________________________ further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said agreement and that it shall continue to be enforceable till all the dues of the BBNL under or by virtue of the said Agreement have been fully paid and its claims satisfied or discharged or till ________________________ (office/ Department) BBNL certifies that the terms and conditions of the said Agreement have been fully or properly carried out by the said contractor(s) and accordingly discharges this guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before the expiry of SIXTY TWO MONTHS (as specified in P.O) from the date hereof, we shall be discharged from all liabilities under this guarantee thereafter. 5. We (name of the bank)_________________________ further agree with the BBNL that the BBNL 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


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Agreement or to extend time of performance by the said contractor(s) from time to time or to postpone for any time or from time to time any of the powers exercisable by the BBNL against the said Contractor(s) and to forbear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our liability by reason of any such variation, or extension being granted to the said Contractor(s) or for any forbearance, act or omission on the part of the BBNL or any indulgence by the BBNL to the said Contractor(s) or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving us. 6. This guarantee will not be discharged due to the change in the constitution of the Bank or the Contractor(s)/ Contractor(s). 7. We (name of the bank) ____________________ lastly undertake not to revoke this guarantee during its currency except with the previous consent of the BBNL in writing.

Place: ……………………………

Date: ………………………….. (Signature of the Bank

Officer)

Rubber stamp of the bank:

Authorized Power of Attorney Number: ………………………………

Name of the Bank officer: …………………………...……..

Designation: ……………………………………………...….

Complete Postal address of Bank: ………………………..

……………………………………………………………..…

Telephone Numbers ………………………………………..

Fax numbers…………………………………………………


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Annexure G: Letter of Authorisation for attending Bid Opening

(To be typed preferably on letterhead of the company)

To

Chief General Manager (MM)

Bharat Broadband Network Limited,

3rd Floor, CDOT Campus,

Mandi Gaon Road, Chhatarpur

New Delhi - 110030

Subject : Authorisation for attending bid opening on ___________(date) in the

Tender of ________________________________________________________.

I/ We Mr. /Ms. …………………………………… have submitted our bid for the tender no.

………………………………… in respect of ……………………………………………………………………………

(Item of work) which is due to open on ………………… (date).

Following persons are hereby authorised 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 Signatures

I.

II.

Alternate Representative

Signatures of bidder/ Officer authorized to sign the bid

Documents 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 case

authorization as prescribed above is not received.


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Annexure H: Format of Integrity Pact Bharat Broadband Network Limited (BBNL) hereinafter referred to as “The

Principal”.

And

……………………………….. (hereinafter referred to as “The Bidder/Contractor”)

Preamble

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

In order to achieve these goals, the Principal will appoint an Independent External Monitor (IEM) who will monitor the Tender process and the execution of the contract for compliance with the principles mentioned above.

Section 1 – Commitments of the Principal

1. The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles:-

a. No employee of the Principal, personally or through family members, will in connection with the Tender for, or the execution of a contract, demand, take a promise for or accept, for self or third person, any material or immaterial benefit which the person is not legally entitled to.

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

c. The Principal will exclude from the process all known prejudiced persons.

2. If the Principal obtains information on the conduct of any of its employees which is a criminal offence under the IPC/PC Act, or if there be a substantive suspicion in this regard, the Principal will inform the chief Vigilance Officer and in addition can initiate disciplinary actions.

Section 2 – Commitments of the Bidder(s)/ Contractor(s)

1 The Bidder(s)/Contractor(s) commit himself to take all measures necessary to prevent corruption. He commits himself to observe the following principles during his participation in the Tender process and during the contract execution.

a. The Bidder(s)/Contractor(s) will not, directly or through any other persons or firm, offer promise or give to any of the Principal’s employees involved in the tender process or the execution of the contract or to any third person any material or other benefit which he/she is not legally entitled to, in order to obtain in exchange any advantage during the process or during the execution of the contract.


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b. The Bidder(s)/Contractor(s) will not enter with other Bidder(s) into any undisclosed agreement or understanding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelization in the bidding process.

c. The Bidder(s)/Contractor(s) will not commit any offence under the relevant IPC/PC Act; further the Bidder(s)/Contractor(s) will not use improperly, for purposes of competition or personal gain, or pass on to others, any information or document provided by the Principal as part of the business relationship, regarding plans, technical proposals and business details, including information contained or transmitted electronically.

d. The Bidder(s)/Contractor(s) of foreign origin shall disclose the name and address of the Agents/representatives in India, if any. Similarly, the Bidder(s)/Contractor(s) of Indian Nationality shall furnish the name and address of the foreign principals, if any. Further details as mentioned in the “Guidelines of Indian Agents of Foreign Contractors” shall be disclosed by the Bidder(s)/Contractor(s). Further, as mentioned in the Guidelines all the payments made to the Indian agent/representative have to be in Indian Rupees only. Copy of the “Guidelines on Indian Agents of Foreign Contractors” as annexed and marked as Annexure.

e. The Bidder(s)/Contractor(s) will, when presenting his Bid, disclose any and all payments he has made, is committed to or intends to make to agents, brokers or any other intermediaries in connection with the award of the Contract.

2 The Bidder(s)/Contractor(s) will not instigate third persons to commit offences outlined above or be an accessory to such offences.

Section 3 – Disqualification from Tender process and exclusion from future Contracts

If the Bidder(s) /Contractor(s) before award of the Contract or during execution of the Contract has committed a transgression through a violation of Section 2, above or in any other form such as to put his reliability or credibility in question, the Principal is entitled to disqualify the Bidder(s)/Contractor(s) from the tender process or take action as per the procedure mentioned in the “Guidelines on banning of business dealings”. Copy of the “Guidelines on banning of business dealings” is annexed and marked as Annex-“B”.

Section 4 – Compensation for Damages

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

2 If the Principal has terminated the Contract according to Section 3, or if the Principal is entitled to terminate the Contract according to Section 3, the Principal shall be entitled to demand and recover from the Contractor liquidated damages of the contract value or the amount equivalent to Performance Bank Guarantee.

Section 5 – Previous transgression

1 The Bidder declares that no previous transgression occurred in the last three years with any other Company in any country conforming to the anti-corruption approach


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or with any other public sector enterprise in India that could justify his exclusion from the Tender process.

2 If the Bidder makes any incorrect statement on this subject, he can be disqualified from the Tender process or action can be taken as per the procedure mentioned in “Guidelines on Banning of Business dealings”.

Section 6 – Equal treatment of all Bidders/ Contractors / Subcontractors

1 The Bidder(s)/Contractor(s) undertake(s) to demand from all subcontractors a commitment in conformity with this Integrity Pact, and to submit it to the Principal before contract signing.

2 The Principal will enter into agreements with identical conditions as this one with all Bidders, contractors and subcontractors.

3 The Principal will disqualify from the Tender process all bidders who do not sign this Integrity Pact Agreement or violate its provisions.

Section 7 – Criminal charges against violating Bidder(s)/Contractor(s) /

Subcontractor(s)

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

Section 8 – Independent External Monitor(s)

1 The Principal appoints competent and credible independent external Monitor for this Pact. The task of the Independent External Monitor is to review independently and objectively, whether and to what extent the Parties comply with the obligations under this Agreement.

2 The Independent External Monitor is not subject to instructions by the representatives of the Parties and performs his functions neutrally and independently. He reports to the CMD of the BBNL.

3 The Bidder(s)/Contractor(s) accepts that the Independent External Monitor has the right to access without restriction to all project documentation of the Principal including that provided by its contractor. The Contractor will also grant the Independent External Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his project documentation. The same is applicable to the subcontractors. The Independent External Monitor is under contractual obligation to treat the information and documents of the Bidder(s) / Subcontractor(s) with confidentiality.

4 The Principal will provide to the Independent External Monitor sufficient information about all meetings among the Parties related to the project provided such meetings could have an impact on the contractual relations between the Principal and the Bidder. The Parties offer to the Independent External Monitor the option to participate in such meetings.


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5 As soon as the Independent External Monitor notices, or believes to notice, a violation of this Integrity Pact Agreement, he will so inform the management of the Principal and request the management to discontinue or take corrective action, or to take other relevant action. The Independent External Monitor can in this regard submit non-binding recommendations. Beyond this, the Independent External Monitor has no right to demand from the Parties that they act in a specific manner, refrain from action or tolerate action.

6 The Independent External Monitor will submit a written report to the Chairman, BBNL within 8 to 10 weeks from the date of reference or intimation to him by the ‘Principal’ and, should the occasion arise, submit proposals for correcting problematic situations.

7 Monitor shall be entitled to compensation on the same terms as being extended to / provided to Independent Directors on the BBNL Board.

8 If the Independent External Monitor has reported to the CMD of the BSNL, a substantiated suspicion of an offence under IPC/PC Act, and the Chairman BBNL has not, within reasonable time, taken visible action to proceed against such offence or reported it to the Chief Vigilance Office, the Independent External Monitor may also transmit this information directly to the Central Vigilance Commissioner, Government of India.

8 The word Independent External ‘Monitor’ would include both singular and plural.

Section 9 – Pact Duration

1 This Pact begins when both parties have legally signed it. It expires for the Contractor 10 months after the last payment under the contract, and for all other Bidders, 6 months after the Contract has been awarded.

2 If any claim is made/ lodged during this time, the same shall be binding and continue to be valid despite the lapse of this Pact as specified above, unless it is discharged/determined by CMD, BBNL.

Section 10 – Other provisions

1 This Integrity Pact Agreement is subject to Indian laws. The place of performance and jurisdiction is the registered office of the Principal, i.e. New Delhi.

2 Changes and supplements as well as termination notices need to be made in writing. Side Agreements have not been made.

3 If the contractor is a partnership or a consortium, this agreement must be signed by all partners or consortium members.

4 Should one or several provisions of this Integrity Pact Agreement turn out to be invalid, the remainder of this Integrity Pact Agreement remains valid. In this case, the parties will strive to come to an agreement to their original intention.

-------------------------- --------------------------------------

For & on behalf of the Principal For & on behalf of Bidder/Contractor

(Office Seal) (Office Seal)


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Place……………………

Date ……………………

Witness 1 : ………………….…………………… (Name & Address) ………………….……………………

………………….……………………

Witness 2 : ………………….…………………… (Name & Address) ………………….……………………

………………….……………………


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Annexure I: Proposed services from Common Services Centres

Annexure I A: Background Common Services Centres (or “CSC”) is a special purpose vehicle under Ministry of Electronics and Information Technology (MEITY), Government of India. It is one of the pillars of the Digital India mission. It has a strong village level presence across India, leveraging its network of Village Level Entrepreneurs (VLEs) for delivery of basic services like banking, Aadhaar registration, insurance etc. to the village population. Given the nature of services under this RFP, the Implementing Agency will require strong local representation at the Gram Panchayat level to manage its day to day operations and also to engage the local population to create a robust user base. Implementing Agency may use the existing network of VLEs across the Gram Panchayats for effective delivery of services as required under this RFP. If the Implementing Agency wishes to collaborate with CSC, BBNL may facilitate such an agreement. However, for the sake of clarity, BBNL shall not be a party to any such agreement itself but may only facilitate the agreement between the two parties (i.e. the Implementing Agency and CSC). Implementing Agency may also seek the assistance of the VLEs to help them identify and hire space for installation of the Wi-Fi Access Points or any other broadband technology equipment and other related equipment (like towers, power banks, etc.) at the Gram Panchayat level. VLEs may also help the Implementing Agency for provisioning of grid power for the Wi-Fi equipment or any other suitable broadband technology to be installed at site. However, Implementing Agency may approach the VLEs for provisioning of such power and space requirements at its own discretion at a rate agreed between the Implementing Agency and CSC or the VLEs. It is the responsibility of the Implementing Agency and CSC to negotiate the terms of such association. It must also be noted that it is an option and not an obligation on the Implementing Agency to leverage the services of CSC or its VLEs. The following may however be considered as a guiding principle for arriving at such an agreement.

Annexure I B: Proposed scope of work of CSC for Wi-Fi/ Broadband support

services CSC shall also deploy one person as an “Operations Executive” for operations and maintenance of the Wi-Fi or any other suitable broadband technology Services at each Gram Panchayat. The proposed scope of work for CSC, which it may fulfil through the Operations Executives, can broadly be classified into two: operational responsibilities and retailing responsibilities. Operational Responsibilities:

1. Monitoring and First Level Troubleshooting: The Operations Executive shall regularly monitor the Wi-Fi/ Broadband Services’ availability. In the event of service disruption, the Operations Executive shall be responsible for first level troubleshooting as and when a fault occurs. This shall include, but is not restricted to:

a. Checking the power availability to the Wi-Fi or any other suitable broadband technology equipment

b. Checking the availability of backhaul bandwidth


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c. Fault rectification if it is locally generated (e.g. power on/off) d. Raising a ticket with the Implementing Agency in case the fault cannot be

managed locally (i.e. cases for L2 escalation) e. All procedures associated with first level troubleshooting shall be completed

within 8 (Eight) hours of fault occurrence

2. The Operations Executive shall be the custodian of the Wi-Fi or any other suitable broadband technology equipment installed at the Gram Panchayat level by the Implementing Agency and shall be responsible for the security and well-being of the Wi-Fi or any other suitable broadband technology equipment deployed at the Gram Panchayat level

3. The Operations Executive shall be responsible for all local level coordination required

for smooth functioning of the Wi-Fi/ Broadband Services throughout the operations and maintenance phase

4. Ownership responsibilities:

a. Equipment Damage: The Operations Executive shall inform the Implementing Agency within 12 hours of any equipment damage due to external factors like bad weather, voltage spike, vandalism, etc. The Operations Executive is required to log such requests with the Implementing Agency and keep track of each such service request raised along with the service request number and date and time of logging of such requests, till the time the equipment is either repaired or replaced by the Implementing Agency

b. Equipment Theft: As stated above, the Operations Executive will be the custodian of the Wi-Fi or any other suitable broadband technology equipment at the Gram Panchayat level and shall be responsible for its security and upkeep. In the event of theft of any of the equipment, the Operations Executive shall be responsible for the following:

i. Reporting the theft incidence to the Implementing Agency immediately upon discovery of such theft

ii. Lodging of First Information Report with the local police iii. Facilitating all required documents to enable the Implementing

Agency to file its insurance claim for the stolen equipment iv. Assisting the Implementing Agency in installation of the replacement

equipment v. In the event of theft, the following penalties would be levied on CSC at

each Gram Panchayat level by the Implementing Agency:

1. First Occurrence: INR 2,000 (Indian Rupees Two Thousand Only)

2. Second Occurrence: INR 10,000 (Indian Rupees Ten Thousand Only)

3. Third Occurrence Onwards: INR 20,000 (Indian Rupees Twenty Thousand) plus actual cost of the replacement equipment (as per Work Order copy from Implementing Agency)


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vi. It may be noted that any theft penalties may be levied on the

Operations Executive only if it is sufficiently established post enquiry by the law and order agencies (e.g. local police) that the theft resulted due to a direct act of negligence on part of the Operations Executive.

Service Level Agreements: Implementing Agency may require Operations Executives to ensure at least 95% adherence

to the above mentioned timelines for First Level Troubleshooting and for reporting

responsibilities in the event of Equipment Damage and Equipment Theft (as detailed above).

Implementing Agency may choose to penalise 2% of the monthly charges from CSC for each

percentage drop from the required adherence levels, subject to a maximum of 10% of

monthly charges. The measurement mechanism for CSC’s SLAs shall be decided and agreed

between Implementing Agency and CSC mutually.

It may be noted that opting for the services of CSC is an option and not an obligation.

Therefore, Implementing Agency shall not be eligible to claim any relaxation on the service

level agreements as specified in Section VII of this RFP on account of any default or delay by

any other agency (or agencies) which the Implementing Agency may employ for completion

of Works.

Retailing Responsibilities:

1. The Operations Executive shall be responsible for village level retailing on behalf of the Implementing Agency like registration of users (for users with offline registration), selling of bandwidth coupons to the local population, providing assistance to the local population for issues with accessing the Wi-Fi / Broadband Services, etc.

2. CSC may suggest possible avenues to the Implementing Agency for generation of revenue leveraging the Wi-Fi or any other suitable broadband technology infrastructure. Services like Digi Dhan Sewa, access to public information, banking services, farmer insurance services, agriculture specific services, etc. It may be noted that the overall responsibility of generating revenue from the Wi-Fi or any other suitable broadband technology infrastructure remains with the Implementing Agency and is not transferred or delegated to CSC.

Annexure I C: Applicable Rates for services provided by CSC: CSC may charge a fixed amount per Gram Panchayat per month for providing the above specified services, excluding the provisions for space and hire. In addition to this, rates for use of space and power provisioned by CSC may be negotiated separately between Implementing Agency and CSC as per the existing rates in various Gram Panchayats. The Implementing Agency may also pay a certain percentage of the bandwidth coupon value to CSC as commission for those coupons which are sold to the local population by the Operations Executive at the Gram Panchayat level on behalf of the Implementing Agency. The commission percentage may be revised between the Implementing Agency and CSC depending on volume of business, service area footprint, etc. The Implementing Agency and CSC must agree upon a reconciliation methodology amongst themselves to track the number of coupons sold and the corresponding amount payable.


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Annexure J: Table for Calculation of EMD amount:

Work Package# States Covered

Estimated no. of GPs

EMD Amount (Rs.)

1 2 3 6 Package 1 Arunachal Pradesh, Manipur,

Meghalaya, Mizoram, Nagaland, Tripura

4324 12,972,000.00

Package 2 Andhra Pradesh 12918 38,754,000.00

Package 3 Assam 2485 7,455,000.00

Package 4 Bihar 8106 24,318,000.00

Package 5 Chhattisgarh 8277 24,831,000.00

Package 6 Gujarat 6800 20,400,000.00

Package 7 Gujarat, Dadra and Nagar Haveli, Daman and Diu

6745 20,235,000.00

Package 8 Haryana 6090 18,270,000.00

Package 9 Himachal Pradesh 3233 9,699,000.00

Package 10 Jammu & Kashmir 3191 9,573,000.00

Package 11 Jharkhand 4015 12,045,000.00

Package 12 Karnataka 5914 17,742,000.00

Package 13 Kerala and Lakshadweep 962 2,886,000.00

Package 14 Odisha 6101 18,303,000.00

Package 15 Punjab and Chandigarh 12642 37,926,000.00

Package 16 Rajasthan 9152 27,456,000.00

Package 17 Tamil Nadu and Puducherry 11567 34,701,000.00

Package 18 Telangana 8898 26,694,000.00

Package 19 Uttar Pradesh – West_1 7060 21,180,000.00

Package 20 Uttar Pradesh – West_2 7,066 21,198,000.00

Package 21 Uttarakhand 7134 21,402,000.00

Package 22 West Bengal, Andaman and Nicobar Islands and Sikkim

4,387 13,161,000.00

Package 23 Madhya Pradesh_1 10762 32,286,000.00

Package 24 Madhya Pradesh_2 10762 32,286,000.00

Package 25 Maharashtra_1 9214 27,642,000.00

Package 26 Maharashtra_2 9,214 27,642,000.00

Package 27 Maharashtra_3 9,213 27,639,000.00

Package 28 Uttar Pradesh – East_1 12046 36,138,000.00

Package 29 Uttar Pradesh – East_2 12047 36,141,000.00

Package 30 Uttar Pradesh – East_3 12,046 36,138,000.00