draft tender document for consultation on customer acquisition & customer...
TRANSCRIPT
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Draft Tender Document for Consultation on Customer Acquisition
& Customer Communication Management System
for all lines of business
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BHARAT SANCHAR NIGAM LIMITED
(A Government of India Enterprise)
2nd Floor, Bharat Sanchar Bhawan, HC Mathur Lane,
Janpath, New Delhi- 110001
From: To,
AGM (MMY) .................................................
2nd Floor, Broadband Section, .................................................
Bharat Sanchar Bhawan, HCM Lane, .................................................
Janpath, New Delhi – 110001. .................................................
No……………………………………………………………………………….. Dated: xx/xx/2015
Subject: Draft Tender for Customer Acquisition and Communication
Management System across all lines of Businesses of BSNL for
inviting comments of the vendor community.
Please find enclosed the draft tender document in respect of above mentioned
subject which contains the following:
S
No.
SECTION TITLE PAGES
1 SECTION 1 Notice Inviting Tender
2 SECTION 2 Tender Information
3 SECTION 3 PART A Scope of work
4 SECTION 3 PART B Integration Scope & Dimensioning details
5 SECTION 3 PART C Schedule of Requirements
6 SECTION 3 PART D1 Functional & Technical Requirements of Customer Registration
System
7 SECTION 3 PART D2 Functional & Technical Requirements for e-CAF Migration
8 SECTION 3 PART D3 Functional & Technical Requirements for Physical CAF Migration
9 SECTION 3 PART D4 Functional & Technical Requirements for Bill Presentment System
10 SECTION 3 PART D5 Functional & Technical Requirements for Inbound & Outbound
Communication System
11 SECTION 3 PART D6 Functional & Technical Requirements for Transpromotional
messaging & Targeted Advertisements.
12 SECTION 4 PART A General Instructions to the Bidder
13 SECTION 4 PART B Special Instructions to the Bidder
14 SECTION 4 PART C Special Instructions for bidders for e-tendering
15 SECTION 5 PART A General Commercial Conditions of Contract
16 SECTION 5 PART B Special conditions of Contract
17 SECTION 5 PART C Service Level Management
18 SECTION 6 Undertaking & Declaration
19 SECTION 7 Performa(S)
20 SECTION 8 Bidders Profile & Questionnaire
21 SECTION 9 Tender/Bid Form
22 SECTION 10 Certifications
24 SECTION 11 Non-Disclosure Agreement (NDA) Template
Interested companies/firms/ are requested to kindly submit suggestions by 30.09.2015 through email shown on the web-site.
------------------------------------------------------------------------------------------------------
Regd. Off.: BSNL, Bharat Sanchar Bhawan, Janpath,New Delhi -110 001. Web: www.bsnl.co.in
Draft tender for consultation on Customer Acquisition & Customer Communication Management system
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SECTION 1
NOTICE INVITING TENDER
1 On line sealed tenders are invited by Chairman and Managing Director, Bharat
Sanchar Nigam Limited, on rupee payment basis, from the eligible bidders to
offer Customer Acquisition and Communications Management System for all
lines of business on transaction based fee basis.
S.No. Details Bid Security/ Earnest
Money Deposit Amount for
the tender
1 Customer Acquisition and
Communications Management
System for all lines of business of
BSNL on transaction based fee basis
2 Crore
2 BSNL Objectives
2.1 The Indian Telecom Sector is changing rapidly. Competitive pressures on
service providers are rising, demanding that they generate innovative and
differentiating ways to acquire & serve their customers. This requires IT
Systems/platforms to deal with easy customer acquisition process as well as
communicate with customers during their life cycles for meeting their
requirements.
2.2 In the fiercely completive telecom market in India, BSNL need to give
continuous focused attention to improve customer experience and customer
satisfaction and sustained focus on customer care and service delivery, with
the increased uses of IT tools for the same.
2.3 BSNL intends to hire services for ”Subscriber Acquisition and Communications
Management System” for all lines of businesses of BSNL as per the terms and
conditions of the tender on transaction based fee basis.
2.4 Bidder shall be selected as per Quality Cum Cost Based Selection (QCBS)
criteria to deliver the requirements of this tender on a Pan India basis. The
successful bidder shall be responsible for all CAPEX and OPEX including
Setting up and Operations. For setting up of the IT system (Main & DR sites),
bidder shall collocate their IT Infrastructure in BSNL‟s Internet Data Centers
at prevailing rates.
3 Purchase of Tender Document:
3.1 As this Tender Document shall be following the e-Tendering Process, the
Bidders may download the Detailed NIT along with Performa for Non
Disclosure Agreement (“NDA”) from the BSNL Web site http:// bsnl.co.in
following the “Link for E-tenders by BSNL” in the tender section from ---------
-------- (1800 Hrs) onwards.
3.2 Tender Document shall be available for downloading only after:-
i. Payment of INR 10,000/- (inclusive of taxes), which shall be non-
refundable in the form of crossed demand draft, drawn on any scheduled
bank in favour of „Accounts Officer (Cash), BSNL Corporate Office, New Delhi;
and
ii. Bidder is required to register compulsorily and complete all the required
formalities on the E-tender portal https://www.tcil-india-
electronictender.com. Thereafter, upon payment of INR ……………./- towards
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tender document fee to AGM(MMY), 2nd Floor, Bharat Sanchar Bhawan,
Janpath, New Delhi-1, the prospective Bidder shall be authorized by MM cell,
BSNL Corporate Office, New Delhi, to access/download the tender document
from the E-tendering portal only.
3.3 Submission of Integrity Pact signed by Purchaser and Bidder is mandatory.
4 e-Tendering Process
4.1 BSNL has decided to use the e-Tendering Process for inviting Bids for this
Tender and thus the physical copy of the Tender shall not be sold. The special
instructions to Bidders for e-Tendering is provided in Section 4-Part C of this
Tender.
5 Eligibility Conditions
5.1 The Bidder shall be a company registered and incorporated in India under the
Indian Companies Act 1956.
5.2 Bidder shall have a cumulative turnover of INR 75 Crore during last 3 financial
years i.e. FY 2012-13, FY 2013-14, FY 2014-2015 with a minimum of INR 20
Crore each for these 3 Financial years. Bidder shall provide Annual audited
reports for each of the three financial years (FY 2012-13, FY 2013-14, FY
2014-2015).
5.3 Bidder shall be ISV (OEM) & have implemented Customer Acquisition and
Communication Management software system in at-least two Telecom Service
Providers with more than 50 million subscriber base each. Client certificate
shall be issued from the Telecom Service Provider (containing name,
designation, telephone number, fax numbers and e-mail id of the signatory).
5.4 In case the bidder is not having experience as at Para 5.3 above, then the bid
can be submitted through a legally bound consortium (as per format Section
7 (E) of the tender document) with ISV (i.e OEM) of the Customer Acquisition
and Customer Communication Management System meeting experience
criteria as at Para 5.3 above.
5.5 The bidder firm shall not be a Licensed Telecom Service Provider to provide
Basic Services / Cellular Telephony Services / Internet Services / UASL / NLD
/ ILD Services anywhere in India. Self-certificate by the bidder shall be
submitted signed by the authorized signatory.
5.6 The bidder firm shall not have controlling equity stake or vice versa, in and of
any Basic services / Cellular Telephony Services / Internet Services / UASL /
NLD / ILD Services operating companies in India. Self-Certificate by the
bidder shall be submitted signed by the authorized signatory.
5.7 Para 5.6 & 5.7 shall be met by the consortium partner as well.
5.8 Valid PAN No.
5.9 Valid Sales/ Service Tax Registration Certificate No or exemption certificate
No.
5.10 The bidders shall submit necessary documentary proof showing that they
meet the eligibility criteria along with their tender bid. All documents
submitted shall also be self attested by the bidder.
5.11 Conditions for Consortium Bids:
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i. Consortium agreement as per the format at Section 7(E) shall mention the
details of scope of works and relationship, including commercial agreement
and shall be submitted in the technical bid.
ii. Only bidder shall interact with BSNL for all obligations/payment.
iii. The bidder is not permitted to be a consortium member under another bidder
for this project. However one consortium OEM company can participate in
more than one bid provided such company is not the Lead Bidder.
iv. No change in consortium members i.e. addition or dropping of a member shall
be permitted after the submission of the bid.
6 EMD:
6.1 The bidder shall furnish the bid EMD of INR 2 (two) crore one of the following
ways:
i. Demand draft/Banker‟s cheque drawn in favour of AO (cash), BSNL CO
Payable at Delhi.
ii. Bank Guarantee from a schedules bank drawn in favour of „DGM (MMT), BSNL,
Delhi which shall be valid for 180 days from the tender opening date.
6.2 The MSE units shall be exempted from submission of Bid Security deposit on
production of requisite proof in respect of valid certification from MSME for
the tendered item.
7 Online Submission of Tender bid: Upto 11:30Hrs. of tender closing date i.e.
……………………In case the date of submission (opening) of bid is declared to be
a holiday, the date of submission (opening) of bid shall get shifted
automatically to next working day at the same scheduled time. Any change in
bid opening date due to any other unavoidable reason shall be intimated
to all the bidders separately.
8 Online Opening of Tender bids: At 12:00 Hours of this tender closing date i.e.
……………...
9 Place of opening of Tender bids: BSNL has adopted e-tendering process
which offers a unique facility for „Public Online Tender Opening Event
(TOE)‟.
10 BSNL‟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, if required authorized representatives of bidders (i.e. Supplier
organization) can attend the TOE at the Meeting Room, 2nd Floor, Bharat
Sanchar Bhawan, Janpath, New Delhi, where BSNL‟s Tender Opening Officers
shall be conducting Public Online Tender Opening Event (TOE).
11 Tender bids received after due time and date shall not be accepted.
12 Incomplete, ambiguous, conditional, unsealed tender bids are liable to be
rejected.
13 CMD BSNL reserves the right to accept or reject any or all tender bids without
assigning any reason. He is not bound to accept the lowest tender.
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14 Tender document can be downloaded from the website www.bsnl.co.in
following Link “Tender Notice” or from https://www.tcil-india-
electronictender.com.
15 The bidder shall furnish a digitally signed copy with no addition/
deletion/ corrections in the downloaded tender document being
submitted and it is identical to the tender document appearing on Web-site.
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.
17 All documents submitted in the bid offer shall be preferably in English. In case
the certificate viz. experience, registration etc. is issued in any other
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.
18 All computer generated documents shall be duly signed/ attested by the
bidder/ vendor organization.
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Section- 2
Tender Information
1. Type of tender:
(a) Single Stage Bidding, Two stage opening using – Two Electronic
Envelopes.
(b) E-reverse auction: No.
Note 1: The bids shall be evaluated techno-commercially and financial bids of
techno-commercially compliant bidders only shall be opened.
2. Bid Validity Period / Validity of bid Offer for acceptance by BSNL: -
150 days from the tender opening date. 3. The tender offer shall contain two e-envelopes viz. techno-commercial and
financial envelope which shall contain one set of the following documents
only :
a) Techno-commercial e-envelope shall contain Electronic Form-Technical with
all relevant bid annexure of following, but not limited to, documents :
i. EMD
ii. Receipt/Proof of the tender fee.
iii. Certificate(s) showing fulfillment of the eligibility criteria(s) stated in
Clause 5 of the Detailed NIT.
iv. Power of Attorney & authorization for executing the power of Attorney in
accordance with clause 14.3 of Section 4 Part A
v. Integrity Pact
vi. Clause by clause compliance as per clause 11.2 of Section-4A
vii. Bidder‟s Profile & Questionnaire duly filled & signed.
viii. Non-Relation Certificate duly filled & signed.
ix. Undertaking & declaration duly filled & signed
x. Documents stated in clause 10 of Section-4 Part A.
xi. Tender/ Bid form- Section 9 Part A
xii. Electronic Form- Technical duly filled & signed Note 2: In case the bidder is unable to upload any of the documents listed above,
he may submit the same physically. However EMD & cost of tender document shall be submitted in original in physical form.
b) Financial envelope shall contain:
i) Electronic Form- financial along with Price Schedule with all relevant bid
annexure.
ii) Bid form – price Schedule (Section 9 part B) duly filled and signed. 4. The following documents are required to be submitted offline (i.e. offline
submissions) to DM (MMT), BSNL, C.O. 2nd Floor, Bharat Sanchar Bhawan,
Janpath, New Delhi-110001 on or before the date & time of submission of
bids in a sealed envelope, failing which the bids shall be rejected.
The envelope shall bear the tender number, name of work and the phrase:
“Do Not Open Before (due date & time of opening of tender).
i. EMD – Bid security (original copy).
ii. DD/ Banker‟s cheque of Tender fee.
iii. Power of Attorney in accordance with clause 14.3 of section 4 Part A and
authorization for executing the power of Attorney.
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iv. Pass-phrases for technical & financial bid parts in separate sealed
envelopes.
v. Integrity pact 5. Phases and Delivery Timeframes:
5.1 The scope of the implementation and commissioning of envisaged as per
Section 3 Part A shall be delivered within twelve (12) months from the date of
award of work to the Bidder in two phases as below:-
a. Phase-I: Within 6 months from the date of award of work to the bidder.
Customer Acquisition & Centralized CAF management System shall be
commissioned & offered “Ready to Use” in phase-I. b. Phase-II: Within twelve months from the date of award of award, Remaining
services envisaged in the tender shall be commissioned & offered “Ready to
Use” in phase-II. 5.2 Duration of the Contract: Duration of contract period shall be Five (5)
years from the date of commissioning of Phase-I. BSNL shall be at its liberty
to extend the contract further at negotiated terms and conditions including
commercials.
6. Payment Method:
6.1 Set up fee: Pursuant to the award of work, BSNL shall pay a fixed amount of
set up fee in two milestones as below:
i. Initial Mobilization fee payable as on Date of the WO: This shall be 30%
of the annual fee (exclusive of Taxes) quoted by the bidder in financial
bid. Against this payment, a bank guarantee of 100% (equivalent)
amount valid for 3 years shall be provided by the bidder. ii. Delivery of Services: On commissioning & Go-Live of Phase-I, 70 % of
the annual fee (exclusive of Taxes) quoted by the bidder in financial bid
shall be paid. Against this payment, a bank guarantee of 100%
(equivalent) amount valid for 3 years shall be provided by the bidder. 6.1.1 The set up fee as mentioned above in clause 6.1 shall be recovered in 10
equal monthly installments w.e.f commissioning of Phase-II.
6.1.2 Bidder can request for part payments of the mobilization advance(s) that is
due to the bidder subject to bidder submitting bank guarantee(s) for such
part payments. 6.2 After system being declared “Ready to use” and start of offering of services to
the customers from bidder‟s IT System, Transaction Based Fee (after
deducting SLA penalties) shall be paid to the Bidder on monthly basis as per
following model:
S No. Various Items
of SoR
Pricing parameter
(In INR)
Fee Calculation
Method (In INR
Per Anum) 6.2.1 New Subscriber
Registration
including CAF
Management
Price per subscriber
(“A”)
=A*12 Million
6.2.2 Existing CAF
migration to new
Centralized CAF
Management
System(CCMS)
Price per CAF (fixed
as 30% of “A” as
above)
=30%of “A” *75 M
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6.2.3 Scanning &
Digitization of
physical CAF to new
CCMS
Price per CAF “B” =B*25 M
6.2.4 Subscriber‟s e-bill
Presentment
(subscriber
processed for
electronic bills &
print bills)
Price per Subscriber
“C”
=C*180 M
6.2.5 Subscriber
Inbound/ Outbound
Communications
Price per 1000
inbound/outbound
communications
“D”
=D*.360 Million
6.2.6 Trans promo
Communications
Revenue Share of
Revenue from
Advertisements
70% of the
advertisement revenue to
bidder.
30% of advertisement
revenue to BSNL
1/4th of the white space
to be reserved for BSNL
advertisements.
*Note: Tentative quantities against various items of SOR are indicative only. The
same shall be considered for the tender evaluation purpose. Payments shall be
made as per the actual.
6.3 Payment against migration of existing Electronic CAF shall be based on per e-
CAF migrated on monthly basis.
6.4 The Payment for Scanning and Digitization services of Physical CAF shall be
shall be done on per physical CAF scanned and uploaded on monthly basis.
6.5 The payment for migration of existing e-CAFs & scanning and digitization of
physical CAFs shall be paid to the bidder as onetime fee paid for a specific
activities as mentioned at Clause 6.2.2 6.2.3 above.
7. Paying Authority: CGM ITPC Pune shall be paying authority.
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SECTION 3 PART A
SCOPE OF WORK
1. BSNL‟s Objective & Broad Level Scope of Services:
1.1 Bidder shall be setting up a Customer Acquisition and Communication
Management System for all lines of business on “Transaction based fee
basis”. The bidder shall be responsible for all CAPEX and OPEX including
Setting up and Operations & Maintenance in BSNL‟s IDCs with Main & DR site.
1.2 Bidder shall also set up a Centralized CAF Management System which shall
act as a single repository for all the customers and carrying out Data De-
duplication for different circles. Thereafter, successful bidder is also referred
as CACMSP.
1.3 Migration of all existing subscribers CAF images both post paid and pre-paid
from various IT systems at Circle Location to new Centralized CAF
management system shall be done.
1.4 Wherever existing DMS is not available in circles & scanned copy of CAF is not
available, the bidder, The Customer Acquisition & Communication
Management System Provider (CACMSP) shall be responsible for scanning and
uploading the CAF‟s to the centralized CAF management system. In such
cases, physical CAFs shall be made available to the bidder by respective BSNL
Circles.
1.5 Bidder shall deploy Customer Acquisition and Communication Management
System along with its supporting hardware, software and other infrastructure
with Primary and DR data center sites in two separate BSNL IDCs. The Bidder
shall also be responsible to operate and maintain the system.
1.6 For operation & management of the system, Bidder shall hire covered space
at RTTC Chinchwad in BSNL ITPC Pune @ rental of Rs. 30 per square feet of
Carpet Area per month for seating of Bidder‟s personnel. Electricity charges
for such arrangements shall be payable by the bidder as per actual. BSNL
shall provide telecom & all type of BW connectivity to operate & manage
system free of cost at Pune location. Bidder shall be responsible for creating
seating infrastructure, workstations etc to accommodate their personnel.
1.7 Bidder shall also be permitted to use BSNL existing network (from existing
Data Center to Network elements as well as to CSA, CSR, CSC locations,
IDC). Routers/switches etc which are being shared for data center traffic and
other BSNL network traffic shall continue to be maintained by BSNL.
1.8 BSNL shall be responsible for the procurement and maintenance of PC‟s,
smart phones, handheld devices in Customer service center (CSC) and for
field staff
1.9 The scope to be delivered by the bidder in relation to managed operations
include Application Management, Application Development, Application
Support, Operations and Maintenance, Production Management, Hardware
Management, Systems and Database Management etc.
2. Application Scope:
2.1 The bidder shall be responsible for supplying the following software solution:
2.1.1 Customer Registration System
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(a) Mobility (postpaid & prepaid) / Land line / Broadband and Enterprise
On-boarding of customer.
(b) Device (mobile / tablet) based on-boarding via automation of data
capture of customers.
(c) E-CAF (electronic CAF) generation.
(d) Aadhaar Integration.
(e) Centralized CAF Management.
(f) TRAI / DOT Regulatory compliance & Reporting.
(g) Integration with Payment Gateway.
2.1.2 Existing CAF Migration to Centralized CAF Management System:
(a) Migration of entire existing Customer CAF Images from BSNL IT
system to bidders Centralized CAF management system.
(b) Entry of physical CAF for which images are not available in Circles by
scanning/digitization.
(c) Data De-duplication
2.1.3 Subscriber Bill Presentment system
(a) Print Statement Management
(b) Electronic and Interactive Statements (iPDF, HTML)
(c) Statement consolidation across lines of business
(d) Enterprise Subscriber Communications and Bill Analytics.
2.1.4 Inbound / Outbound Communication System
(a) Predictive Analytics
(b) Alerts and Notifications Management
(c) Targeted Campaign Management
(d) Loyalty Management
(e) Automated Subscriber Response Management system
(f) Non-Voice-based (e-Mail, SMS, White Mail, Fax, Self-care, etc.)
(g) Reporting Dashboard
(h) Enterprise Information and Reporting Management system
2.1.5 Trans-promotional customer communication system
(a) Electronic and Interactive Statements (iPDF, HTML) including white
space management bills (electronic & print) for advertisements.
3. Phases and Delivery Timeframes:
3.1 The scope of the implementation and commissioning of above mentioned
services at Para 2 above, is proposed to be delivered within twelve (12)
months from the date of award of work to the Bidder in two phases as
below:-
(a) Phase-I: Within 6 months from the date of award of work to the
bidder. Customer Acquisition & Centralized CAF management
System shall be commissioned & offered “Ready to Use” in phase-I.
(b) Phase-II: Within twelve months from the date of award of award,
Remaining services envisaged in the tender shall be commissioned
& offered “Ready to Use” in phase-II.
4. Duration of the Contract: Duration of contract period shall be Five (5)
years from the date of commissioning of Phase-I. BSNL shall be at its liberty to
extend the contract further at negotiated terms and conditions including
commercials.
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SECTION 3 PART B
INTEGRATION SCOPE & DIMENSIONING DETAILS
1. Existing Landscape of IT Infrastructure across LOBs:
1.1 CRM and Customer Interacting Applications:
(i) Fixed Access – Wire line‟s Customer care and Billing System (CDR System).
Two industry standard CoTs CRMs i.e. Siebel/SAP each serving two zones
each.
(ii) Wireless Post-paid – GSM (2G/3G)/CDMA Billing & Commercial IT System.
Billing is from M/s Comverse.Customer Interface functionalities are served
through multiple applications providing Order management, Self-Care etc.
(iii) Wireless Prepaid – CSSS, DWS, Min-Sat, CCF applications provided by M/s
ces & M/s Ericsson exists. Sales part of Mobile Segment is managed using
Sancharsoft, a web based in-house software.
1.2 Enterprise Resource Planning (ERP) System by M/s SAP.
1.3 Existing Data Centers: All the above applications and related
infrastructure are housed in 10 DC‟s spread across the country.
(i) Four (4) data centres at Chandigarh, Pune, Hyderabad and Kolkata
serve the need of wireless LOB infrastructure including Broadband
Retails segment ;
(ii) Four (4) data centres Chandigarh, Pune, Trichy and Kolkata serve the
need of Wire Line LOB infrastructure and
(iii) Two (2) data centres at Bangalore (main site) and Pune (DR site) are
for Broadband services OSS & BSS.
2. Tentative Integration Scope with existing IT systems across various LOBs:
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3. DIMENSIONING DETAILS
3.1. System dimensioning for hardware and software shall have to be done based
on below mentioned parameters:
S. No. Parameter Value
3.1.1 Existing Customer base (All LOB) 100 Million
3.1.2 Storage Retention period 6 Months
3.1.3 Retention of Bill PDF 6 Months
3.1.4 Avg. size of image insert per Bill 200 KB
3.1.5 Avg. No. of Pages per Bill 2.5
3.1.6 Daily New Customer Addition across LOB‟s 30,000
3.1.7 Per scanned image CAF size 500 KB
3.1.8 Active connection CAF retention period Perpetual
3.1.9 DB Retention period Interactive Communication 12 Months
4. BSNL‟s Responsibility
(a) Provision of rack space for the infrastructure at the Data center
(b) Provision of physical space for bidder‟s personnel
(c) Provision of three phase feeder power line (dual)
(d) PCs required for CSRs/field staff at respective SSA, CSC‟s and field
units
(e) Bandwidth for network connectivity and MPLS ports
(f) All Civil and Electrical infrastructure for data center
(g) Raised flooring, False Ceiling and other modifications if required
(h) Data center network, security, surveillance etc set up
(i) Air-conditioning of the Data Center
(j) Fire-detection and Fire-fighting system
(k) Provision of generators and fuel for stand up power supply in case
the main power supply is not available.
(l) Backup power generation.
(m) Procurement and maintenance of PC‟s, smart phones used for
customer acquisition, PC‟s, UPS, LAN switch and other IT
infrastructure in Customer service center (CSC) and field offices.
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SECTION-3 Part C
SCHEDULE OF REQUIREMENTS
S No. Various Items of
SoR
Pricing parameter (In
INR)
Tentative Quantity per
anum for the evaluation
purpose
1. New Subscriber
Registration
including CAF
Management
Price per subscriber
(“A”)
12 Million
2. Existing CAF
migration to new
Centralized CAF
Management
System(CCMS)
Price per CAF (fixed as
30% of “A” as above)
75 Million (One time
activity)
3. Scanning &
Digitization of
physical CAF to new
CCMS
Price per CAF “B” 25 Million (One time
activity)
4. Subscriber‟s e-bill
Presentment
(subscriber
processed for
electronic bills &
Print bills)
Price per Subscriber “C” 180 Million subscriber
connections processed
per anum
5. Subscriber Inbound/
Outbound
Communications
Price per 1000
inbound/outbound
communications “D”
360 Million
inbound/outbound
communication per
anum
6. Trans promo
Communications
i. Revenue share
70% of revenue share
to bidder
30% BSNL
& 1/4th of the white
space to be reserved
for BSNL
Advertisements
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SECTION 3 PART D-1
FUNCTIONAL & TECHNICAL REQUIREMENTS OF CUSTOMER REGISTRATION SYSTEM
1. Customer Acquisition Management System
1.1 General requirements:
i. BSNL envisages having a Single integrated platform for on-boarding (henceforth also
referred as Subscriber Registration System) of customers and achieving
regulatory compliances across LOB‟s.
ii. System shall facilitate technologies, mobile and smart phones, tablets to on-board
customers to expedite customer acquisition process.
iii. Bidder shall provide web-based system through which customer onboarding process
can be enabled through multiple channels viz., Mobile devices (smart
phones/tablets), Desktop (pre-scan) and Desktop (Post-Scan). In Desktop (pre-scan)
process the scanned image is put in the workflow for initiation of activation process.
In Desktop (Post-Scan) process the activation process shall be initiated only on
receipt of physical CAF.
iv. System shall have integrated data de-duplication capability for prepaid/ post-paid,
Blacklist and NDNC to meet DOT compliance.
v. System shall be integrated with the centralized CAF Management System for storing
CAFs. CAFs can be accessible by BSNL users from any location and by CSR‟s through
CRMs of BSNL.
vi. System shall synchronize and consolidate data through on-line and batch interfaces
through integration with existing CRM/ BSS systems and provide seamless activation
of registered customer.
vii. System shall have Biometrics capability and support integration with Aadhar
database.
viii. System shall providing Customer Care interface to check subscriber status, usage,
and registration transactions.
ix. System shall support for Data Integration, Reporting & Dashboard.
x. The system shall support sales channels like retailers, distributors, CSCs, BSNL POS,
resellers, Franchisee, door to door & home services, direct retail channels etc.
1.2 Indicative Workflow for Device Based On-boarding: Tentative workflow shall
be as below:
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1.2.1 Order Entry:
i. System shall have functionality for UID integration.
ii. POS/franchise shall first authenticate himself in the App
iii. On successful authentication of subscriber against Aadhar subscriber demographics
including photograph shall get auto populated on the Form.
a) The App shall open a screen for agent to do Order Entry. Validations on fields shall
be shared by BSNL during SRS.
b) Capture of photograph, CAF Image capture along with Proof of address and Proof of
Identity
c) User shall be able to generate e-CAF and shall be able to upload e-CAF along with
data to Subscriber Registration Server.
iv. Subscriber Registration System shall be integrated with existing CRM‟s to fetch additional
information.
v. On completion of information capture there shall be facility in the App to upload the
information to Subscriber Registration System server and generate e-CAF of same. There
shall be an option to automatically send e-CAF generated to be emailed to subscriber
authenticated email address.
vi. The app shall have the functionality to generate receipt of transaction (both success and
or failure case) and provide it to subscriber.
vii. The App shall not store biometric information of subscriber locally at any point of time
and shall adhere to all regulatory guidelines issued by DOT in this regard.
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viii. Subscriber Registration System shall be used to create different workflows for various
LOB‟s while taking cognizance of regulatory needs for the purpose Of new subscriber
activation.
ix. This process shall be handled by Subscriber Registration System web based application.
Subscriber Registration System shall dynamically pool the Order Entry details, e-CAF
along with CAF image (if available) to users basis Circle/SSA.
x. System shall support users to login into the application using the URL in Browser The
application shall provide the details to CRM systems for Tele-verification
xi. User shall be able to fetch De-duplication result (G9, NDNC, Blacklist)
1.3 Indicative Workflow Process for Conventional Channels:
High level Diagrammatic depiction of Subscriber Registration Process Flow
1.4 Functional Requirements:
1.4.1 Registration GUI Requirements:
i. The GUI shall support user authentication using login ID and Password.
ii. The registration fields shall be customizable. It shall be possible to define its label,
field length, font, and validation rules (allow or disallow entry of certain
characters or number).
1.4.2 Mobile Application Requirements:
i. The Application shall be installed via OTA on compatible mobile devices.
ii. The Application update shall be possible over 2G/3G or Wi-Fi data access
channels.
iii. The Application icon and its look and feel on the mobile device shall be
customizable in line with BSNL brand guidelines.
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iv. The Application shall be capable of working in offline mode. The offline mode is
invoked automatically due to unavailability of data channel access such as
2G/3G/WiFi, or it could be selected by the User.
v. The Application shall attempt to connect to the Server via one of the available
data access channels.
1.4.3 Agents Distribution Network:
i. Customer data shall be filled by the authorized distribution channel agents and
POS agents according to a list of authorized agents ID, device ID, and MSISDN
allowed to perform registration.
ii. The agent (member of distribution channel) shall be notified by the system upon
completion of registration process: Notification can be through SMS or email.
iii. The system shall support registration approval and confirmation mechanism where
approval is required prior to activation and registering in the system, such feature
shall be based on per agent profile.
1.4.4 Agent Management:
i. Application shall support registration of authorized agents through the server
including addition or deletion of agents.
ii. Application shall be able to assign Jobs for lead coverage and Address Verification
received from CRM or any other IT system to agents based on business rules.
iii. Application shall be able to send alerts to pre-defined users
1.4.5 KYC Requirements:
i. Shall comply with DOT and TRAI regulations.
1.4.6 Order Entry:
i. This process behaves as an entry point for Order and service requests into the
application. Order Entry shall be able to receive different types of orders.
ii. The Order Entry process shall be integrated with the CRM.
iii. Ability to support various workflows like:-
a) New Activation Prepaid/ Post-paid (Local Customer)
b) New Activation Prepaid/ Post-paid (Outstation Customer)
c) MNP flow for Prepaid/ Post-paid Local Customer
d) MNP flow for Prepaid/ Post-paid Outstation Customer
e) Enterprise Customer On-boarding Workflow
f) Data Connection (Local/Outstation) Customer
iv. The application shall provide interface for retailers to upload the CAF in bulk along
with .csv file consisting of data & mapping information.
v. Application shall provide interface to upload CAF, POA, POI while doing Order
entry.
vi. Application shall allow creation of Lots by franchise/CSC's for purpose of physical
tracking of CAF.
vii. Application shall support integration with NDNC/Blacklist Database during the
activation process
viii. Ability to receive Service Order status information from CRM.
1.5 Integration Capabilities: The Solution shall support integration:
i. With SMTP, POP3
ii. Payment gateway
iii. Centralized CAF management system
iv. Data De-duplication System
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v. Sancharsoft, CRM (Seibel and SAP of CDR System)
vi. Other required IT systems of BSNL
1.6 System Reports:
i. Application shall provide reports for activations.
1.7 De-dupe Process:
i. De-dupe process shall be executed online in Subscriber registration System
for mobility and any other LOB as defined during SRS.
ii. De-dupe check shall be performed to check if a subscriber has more than 9
logical matches available in the LTD base.
iii. De-dupe system shall also be utilized for other regulatory compliance check
like UCC/Blacklist. BSNL shall provide relevant data to the system and the
application shall maintain the same.
iv. BSNL shall provide and maintain data in a staging DB pertaining to
subscribers with outstanding settlement cases, write-off cases, Defaulters.
The application shall provide inputs to Subscriber Registration System
during activation process at workflow node as defined by BSNL during SRS.
v. Business rules engine to set rules and exception to certain rules
vi. The application must have the ability to perform various processes such as
Data Upload, Data Hashing, Matching and Clustering.
vii. The application shall perform Clustering activity.
viii. Specific reports for compliance shall be provided by the bidder.
2. Centralized CAF Management Scope
i. Central CAF management system shall be envisaged for all LOB‟s of BSNL i.e
Landline, BB, 3G/2G wireless, post & prepaid wireless & Enterprise customers
of BSNL.
ii. There shall be a primary site at (DC) Location and a Disaster Recovery (DR)
site.
iii. The application shall be deployed centrally and deployment architecture shall
have (N+N) failover at the main DC site as this is business critical application.
iv. The application shall be accessed by BSNL users directly and by CSR‟s through
various CRM‟s.
v. The system shall be used primarily for storage & retrieval of CAF‟s.
vi. The system shall be a web based and CAFs shall be accessible from any
location to authorized users.
vii. The system shall be integrated with CRM, On-Board and Sancharsoft.
viii. The bidder shall configure an Index parameter “Status” for the CAF‟s. This
index parameter shall have two values “Active” or “Inactive”.
ix. BSNL users shall update defined parameters against each CAF. There shall be
facility for bulk update of the index values.
x. The system shall also be able to update the values on receiving churn inputs
from CRM system.
xi. The CAF‟s with “inactive” value shall be archived into offline media.
xii. There shall be an interface to upload as .csv file the CAF‟s shall be retrieved
and dumped in a directory location.
xiii. Against the service numbers provided by TERM cell user shall be able to
retrieve the CAF from this system.
2.1 System Architecture
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2.1.1 Document Import: The system shall support
i. Bulk Import of image and electronic documents through an integrated
functionality.
ii. The system shall ensure that all the documents are stored in a structured
manner for easy access and retrieval with proper controls.
iii. Shall support scanning template feature in order to standardize all the
images scanned.
2.1.2 Electronic CAF Document Repository: The system shall support
i. Ability to version documents.
ii. Shall be able to provide permissions to documents/folders to a user or
departments.
iii. Shall Support various Meta Data Types.
2.1.3 Indexing & Storage: The system shall support
i. The system shall provide an option to create templates for indexing each
category of document.
ii. Facility to index documents on user-defined indexes and the system shall
support a particular index to be made mandatory or unique as required.
2.1.4 Search & Retrieval: The system shall support
i. Provide extensive search facility to retrieve documents or Folders/Files.
2.1.5 Audit Manager:
i. The system shall have Audit trail to maintain history of transactions
performed on the system.
2.1.6 Retention & Archival Module shall support:
i. Shall support PDF/A format for long term archiving
ii. The system must be able to restrict the setting up and changing of
retention schedules to the Administrator
2.1.7 Reports
i. System shall be able to generate reports
2.1.8 Security:
i. The system shall support secure login id and password for each user.
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SECTION-3 PART D2
FUNCTIONAL & TECHNICAL REQUIREMENTS FOR e-CAF MIGRATION
1. Existing CAF Images to centralized CAF management System:
1.1 General Requirements:
i. With the implementation of Customer Acquisition System being procured through
this tender, entire existing Customer CAF Images and certain demographic
information of entire customer base shall need to be brought on a new platform. To
meet the requirements of data migration from existing system, migration
environment shall have to be setup for migration to new system. This section
defines the outline requirements in this regard.
ii. Data migration activity shall involve the extraction of the existing data, which has to
be further mapped and translated as per the target RDBMS and then loaded to new
database.
iii. Bidder shall recommend an approach for the data conversion with necessary help /
inputs from BSNL. Bidder shall define the file format for the data transfer.
iv. Bidder shall prepare environment, develop test plan and documentation for the data
conversion. Documentation shall also include details on processes and schedules to
carry out checking of the extracted data from the source systems with the
converted data during actual conversion process.
v. There must be provision to load the customer data from the old system to the new
system manually by BSNL ( the data of those customers whose records were found
missing either during the transfer or found missing in the old system itself).
1.2 Bidder responsibility shall be:
i. Delivery of Centralized CAF Management System.
ii. Delivery of Hardware and Storage.
iii. Centralized CAF Management System Implementation.
iv. Migrate all Mobility CAF Images and associated available Index Data to new
Platform.
1.3 BSNL Responsibility shall be:
i. Provide the CAF files to be migrated to new solution
ii. Provide access to systems
iii. Provide information pertaining to Image Location, DB schemas and mapping
information of Images and schemas
iv. Required Network capacity for Data Transfer
1.4 Indicative Acceptance Criteria: Indicative process to be adopted for CAF shall be
as below:
i. After migration of CAF‟s that are made available by BSNL for a particular circle /
SSA or the LOT‟s provided, bidder shall provide detailed list on same.
ii. BSNL shall pick sample not exceeding 1000 CAF‟s of circles migrated from the list
provided by Bidder.
iii. BSNL shall manually look at data available in source system and data availability in
new system.
iv. If 99% success is found against the sample then migration activity shall be deemed
to be complete and bidder payment shall be due against the offered list
v. If the match is not 99% then vendor shall rework on identified discrepancies and
submit a updated list to BSNL and steps mentioned from point 1 to 4 shall be
repeated.
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SECTION-3 Part D3
FUNCTIONAL & TECHNICAL REQUIREMENTS FOR PHYSICAL CAF
MIGRATION
1. Scanning & Digitization related Services of CAFs for all lines of business:
1.1 General Scope:
i. With the implementation of Centralized CAF Management System being procured
through this tender, existing Customer CAF Images and certain demographic
information of all LOB‟s of BSNL shall need to be brought on in the new system.
ii. To meet the requirements of CAF‟s which are not in digitized form in any existing
system of BSNL, bidder shall provide services for scanning of such physical CAF‟s
and uploading to new Centralized CAF Management system for all LOB‟s.
iii. Scanning of CAFs located at HQ/Zones/Circles/SSAs across India.
iv. Bidder shall have to bring in PC, UPS, scanners, manpower & digitization software.
v. BSNL shall ensure timely availability of documents, adequate space & power
vi. Estimated CAF volume is as stated in the tender across HQ/Zones/Circle/SSA‟s with
each form having estimated 3-4 pages.
vii. Once these forms are scanned, they need to be indexed for quick retrieval and for
physical Tracking.
viii. All retrievals of images shall be either from centralized CAF management Solution or
through CRM application post Uploading of Scanned CAFs, Index Data into
Centralized CAF management Solution. There shall be users from corporate / Circle
/ SSA‟s / SDCA‟s working on the system from various Locations.
ix. Study and analysis of all the CAF formats including the fields in the CAF‟s is to be
done by the bidder during SRS phase. Bidder shall have to create plan with
assistance from BSNL for digitization of CAF‟s for existing connection for all LOB‟s.
x. Digitization of CAF of existing service connection shall be carried out at Circle
location for all LOB‟s. The bidder has to bring scanning software, PCs and scanners
at the circles, for scanning, validating and uploading of the scanned data along with
Index values to the central CAF server.
xi. The bidder shall provide a web based CAF monitoring system for the Circle/SSA
users.
xii. The scanning shall be done at 75 dpi, and in grey scale. The first page of main form
and also the supporting documents shall be in grey scale. The page containing the
photo and signature shall only be scanned..
1.2 Bidder responsibility
i. Deployment of scanners, computers, and manpower for rendering scanning works
ii. Scanning & Digitization of CAF
iii. Scanning workflow software, PCs, UPS, Manpower for scanning , indexing etc
iv. Implementation of web based scanning software
v. Scanning of CAF‟s and indexing of same as mentioned in this section.
vi. Upload of CAF Images and associated available Index Data to new Central CAF
Management Software
1.3 BSNL Responsibility
i. Providing adequate space to vendor for scanning at the various circle locations
ii. Providing power, necessary furniture
iii. Timely supply of documents for scanning and digitization
iv. Ensuring sufficient CAF‟s to vendor for scanning
v. Creation of LOT‟s in scanning software provided by Bidder
1.4 Indicative Acceptance Criteria: Tentative Process to be adopted for CAF shall be:
i. After scanning and indexing of CAF‟s bidder shall provide detailed list of completed
LOT to BSNL as and when the scanning of the LOT is completed
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ii. BSNL shall pick sample not exceeding 15 CAF‟s per LOT
iii. BSNL shall manually verify the data available in Physical CAF and data (CAF Image
and data as defined under clause 9.14 & 9.16 in case of mobility) available in the
software of the selected sample.
iv. If the sample is found satisfactory in the LOT, then the Circle QC Owner shall
provide acceptance for the LOT and vendor payment shall become due for the LOT.
v. If the match is not satisfactory then vendor shall rework and submit the LOT again
for acceptance and steps mentioned from point (b) to (d) shall be repeated. If the
quality of the work carried by bidder is rejected again for the LOT the Circle QC
owner on his own discretion may take up 100% QC for the CAFs of that lot. In case
Circle QC owner finds certain record of not appropriate quality (Image not visible,
wrong data entered for the record) the same shall be provided in writing with reject
reasons to vendor. Vendor upon receipt of rejected records shall rework on those
records.
vi. Circle QC owner shall ensure that QC work is completed within 15 days of receipt of
the LOT by the vendor for QC purpose. In case Circle QC Owner do not
communicate rejection of LOT within 15 days of submission by vendor the LOT shall
be deemed to be accepted.
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SECTION – 3 - PART D4
SUBSCRIBER BILL PRESENTMENT SYSTEM
(PRINT / ELECTRONIC / INTERACTIVE)
1. Statement / Advice Template Management: System shall have:
1.1 A GUI driven template designer and an in-built version control functionality.
1.2 Enable multimedia contents in e-bill PDF like Video campaigns, Voice advertisings,
Usage history Charts, Interactive Graphs, Hyperlinks to URLs like BSNL Store
locator, Bill pay etc
1.3 Ensure template management supports creation and governance of all templates
created using the application.
1.4 Provide business with the ability to segregate and create templates for internal and
end customer communications
1.5 Support easy design of multiple statement formats.
1.6 Maintain the template/document hierarchy such that, layouts for multiple Lines of
Business (Corporate, Retail etc.) can be created at multiple levels, Generate single
view of all communications sent to customer
1.7 Generate outputs for multiple distribution channels like print, e-mail, SMS etc. and
send communications to the customer, the static PDF can be viewed in all hand
held devices like smart phones, Tabs etc.
1.8 Provide design elements like bar codes, QR codes, text boxes, images, rich texts,
frames, charts, OMR etc that can be used to enhance presentation of data
1.9 Support designing of communication such that consistency of logos and statutory
information maintained
1.10 Support easy management of logo, font style, background, page dimension, header
and style across all channels.
1.11 Have reusability of common elements like logo, signatures, footer, header etc
across templates
1.12 Ensure all customer information processed on the statement generation date is
stored in the form of XML for subsequent reprocessing based on business need.
1.13 Have option to pre define dimensions of visual and textual elements
1.14 Ensure that for multiple changes at the development stage, details need to be
captured for intermediate changes between two versions.
1.15 Shall have capability to build field level validations, for example pin code
1.16 Application shall have capability of building different letter templates such as A4,
inland etc
1.17 Enable selection of best channel based on business rules, customer preferences and
reported effectiveness
1.18 Have the ability to extract data from the relevant input stream, set rules for
distribution of documents through preferred mode of distribution channels
1.19 Personalization of communications based on inputs from other applications
1.20 Allow communications to be generated in regular periodic batches, on-demand,
interactive or based on a pre-defined business occurrence or event.
1.21 Enable multiple communications design and generation processes to be run in
parallel
1.22 Provide the business with the ability to segregate statement information into
multiple categories (e.g. Summary Info, Details, itemized etc.)
1.23 The system shall support Importing and Exporting of templates to handle change
management, without affecting the production process.
1.24 The system shall have capability of sorting of output, provided in external look up
tables.
2. Interactive E-BILL/STATEMENT: The system shall:
2.1 Enable the business to send interactive PDF communications.
2.2 Enable the interactive statement to have TABS where all sections are segregated
accordingly.
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2.3 Allow the transaction data and historical payment related information, etc. shall be
represented in graphical form (Bar, Pie)
2.4 Have the ability to generate Interactive statement with a onetime password wherein
customers shall be able to enter the password to view the PDF.
2.5 Generate interactive PDFs with the ability to embed multi-media files.
2.6 Ensure Interactive PDF Bill to comply with BSNL's branding.
2.7 Displays all the account details of the customer like address details, alternate
contact numbers etc.
3. Statement/ Advice generation: The solution shall
3.1 Support generation of the Paper Statement/ Advice and e-Statement/ e-Advice
3.2 Support from a single master template, the presentation requirements for e-mail
and print statements can be dynamically handled within one single process run.
3.3 Have the ability perform dynamic look-ups from XML and CSV while processing
communications to capture customer preferences
3.4 Accept varied data sources and formats like ASCII Text files (Fixed length, delimited
and tag based), XML and Database/Data lookup (ODBC, Oracle, DB2, SQL Server,
MySQL ) as input.
3.5 Support for the output formats for email at the minimum shall be PDF, HTML,
Interactive PDF and HTML-5 (responsive)
3.6 Support output formats for print are Post Script (PS), Advanced Function Printing
(AFP)
3.7 Process SMS alerts in parallel as well as serve as a central repository for all
statements and advices for CRM and Self-Care search and retrieval
3.8 Support prioritization based on customer category such as enterprise customer,
high net worth customer, high bill amount.
3.9 Support generation of Statements/ Advice at multiple frequencies, as per
customer‟s preference.
4. Bill Presentment and Distribution: The system shall
4.1 Have the capability to integrate with third party systems such as SMTP server for
bill distribution
4.2 Have full color capability to generate Interactive PDFs with multiple colors contained
in it with features that allows the user to easily select or modify color, size, height,
width, font options.
4.3 Have the ability for Historical bill presentation
4.4 Have the ability to send output to an electronic address e.g. e-mail
4.5 Able to provide billing templates for multiple bill types, e.g. residential, corporate
4.6 Able to display remittance slip with clear payment details
4.7 Able to display instructions / information for payments, change of customer details,
loyalty points information,.
4.8 Able to generate output as text, PDF, XML, HTML and any other acceptable format
that is supported by major print and mailer systems in the market.
5. Customer Preference Management: The solution shall
5.1 Store customers‟ delivery preference (if a customer wants to receive Paper or e-
statement)
5.2 Send the e-Statement/ e-Advice to the specified email address of customers
5.3 Generate password protected e-statements in the form of static PDF, interactive
PDF or HTML-5 e-statements as desired by the business.
6. Multiple Language Management: The system shall
6.1 Support multiple language messages, to be incorporated in Statements/ Advice, as
per request
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6.2 Be Unicode compliant and can be configured to generate a multi-lingual .pdf output
(messages) based on the customer category/type/flag.
7. Print Management: The system shall
7.1 Support generation of print outputs AFP, PS (conditional tray switching) duplex
printing customer wise batch printing with load balancing mechanism
7.2 Shall enable the business to design print communication and email communications
using one template
7.3 Allow multi-page templates can be designed with varying paper sizes and paper
orientations for use in advanced multi-tray printers with „tray switching‟
functionality.
7.4 Support advanced printing options such as remote printing, duplex printing,
multiplexing, batch printing, and multiple copies, suppress printing, scheduled
printing, etc.
7.5 The system shall support data printing on pre printed stationary and generate an
identical output for e-statement
7.6 The system must support continuation of statement pages such that, when the
products or product elements do not fit on one page the subtotal of that page is
printed on the bottom of the first page and on top of the second page. The system
also shall support automatic insertion of pages based on availability of transaction
data.
7.7 The system shall support industry standard “Two-up” formatting of tables (i.e.
Newspaper reading)
7.8 The system shall have the ability to suppress zero-balance statement or a
statement with an amount below a pre-defined amount based on generic business
rules
7.9 Support generation of print ready files pre-sorted and segregated based on criteria
such as mail code and customer segment for ease of operations and prioritization of
statement generation process.
7.10 Support integration with the print shop by generating soft dumps of paper
statements and paper advice in the form of PS/ AFP.
7.11 Electronically sort (based on postal code, customer category) print ready files which
are encrypted
8. Personalized Communications & Targeted Marketing: The solution shall
8.1 Support insertion of marketing banners in the email template
8.2 OMR/Barcode generated by the application shall support print machines at the print
location for folding and enveloping.
8.3 Ensure based on the specific customer profile and transaction data, the relevant
marketing banners are introduced into the pre-defined place holders of the
template.
8.4 Come in-built with GUI based template designer and business rules engine that
enables business rules-driven “customer-specific” targeted cross-selling and up-
selling of policies and special offers for a segment of customers.
9. Regulatory Messages in Statements: The solution shall
9.1 Insert the T&Cs and other important messages in the Statements/ Advice
9.2 Ensure Content such as terms and conditions, statutory messages can be designed
on relevant sections of the template.
10. OMR/ Barcode: The solution shall
10.1 Be capable of GUI based generation of industry standard barcodes based on the
parameters (e.g. customer account no., statement date, Due date.
10.2 Ensure the same is used by print and franking machines at the print location for
insertion of marketing messages, folding and enveloping.
10.3 The system shall have the capability for Optical marks Recognition (OMR) insertion.
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11. Bulk Communications: The system shall :
11.1 Connect to multiple core applications, extract data in bulk, generate output in the
form of multiple documents and run an automated batch process at fixed intervals.
12. Statement data Upload: The solution shall :
12.1 Have the ability to load customer‟s data, products, from multiple sources
12.2 Ensure the adaptor framework can accept machine readable file formats such as
ASCII position based, line based, tag based (such as XML) Have the ability to
schedule statement generation jobs to run automatically at different times for
different regions
13. Bounce Management: The solution shall:
13.1 Provide comprehensive bounced email tracking capabilities that include, tracking
bounced emails, tracking reason codes, categorization of hard and soft bounce
based on reason codes, differentiated treatment and logical next steps configuration
such as retry interval, number of retries as well as initiation of alternate channel
such as print or SMS.
14. Performance and Reports: The solution shall
14.1 Provide MIS report on the statement/e-statement/e-Advice generation based on
statement generated volume.
14.2 Provide tools for monitoring the status of the above feeds and highlighting any
potential problems
15. Audit and logs: The system shall
15.1 Maintain audit and reconciliation logs across all channels
15.2 Maintain a end-to-end process audit of all communications sent via different
distribution channels like print, SMS, and email.
15.3 Create templates mapped to the relevant events, triggering near real-time alerts
across email and SMS channels.
16. Reporting and Graphical Invoice Presentation: The system shall
16.1 Allow the relevant metadata for search, retrieval
16.2 Support configuration and view of graphical representation of the customer
transaction data.
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SECTION – 3 - PART D5
INBOUND OUTBOUND COMMUNICATION SYSTEM
1. Alerts & Notification System:
1.1 Central Notification Engine
i. Come in-built with an Alerts Manager module that enables the business to send
SMS/email condition based alerts based on parameters configured in the
application's interface.
ii. System shall be able to send SMS/email to end users based on certain predefined
rules
iii. Have the ability to integrate with third party systems via existing APIs and
interfaces available.
iv. Enable the business to send Instant Messages to users based on periodic alerts and
conditions set in the application's interface.
v. Allow configuration of rules within the application's interface to enable the business
to send responses to inbound communications via the same mode of delivery
channel.
vi. The application shall be able to configure/send different types of alerts
vii. The application shall be able to send notifications through different channels like
SMS, Email etc.
1.2 Workflow Alerts
i. Ability to configure various alerts at desired nodes in the workflow, send new task
notifications to the users in the workflow, send escalation alerts in the workflow, send
job expiry notifications to the users, send a notification when a task is approved or
released from the workflow
1.3 Event based alerts
i. System shall SMS and Email alerts based on the events that happen in the business
systems, send real time alerts to both internal and external users in real time based
on the action that takes place in the business applications, send notification when a
record is inserted /updated/deleted
1.4 Rule/Condition Based Alerts
i. System to have a provision to define certain criteria or condition, based on which
notifications has to be sent to the users.
ii. Application shall support Configuration of SMS Groups on the basis of different circles,
segments etc.
1.5 Reminder Alerts
i. System shall have a configurable option to define the time frame in which the
reminders has to be sent
1.6 Inbound Alerts
i. System shall be able to support inbound SMS
ii. There shall be provision in the system to configure Short codes
iii. System shall have provision to configure the parameters of the message
1.7 Targeted messages
i. Ability to send promotional messages via SMS and Email to the targeted audience.
ii. Ability to send personalized communications
1.8 Scheduled Alerts
i. System shall have an interface to schedule the alerts
1.9 Multilingual Notifications
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i. System shall support multilingual SMS/email
1.10 Bulk Notification
i. System shall be able to post BULK SMS towards SMSC
ii. Can be seamlessly integrated with the downstream applications such as
SMSC, SMTP.
iii. System shall be able to post BULK E-mail
1.11 Template Creation
i. System shall support template creation using web based GUI
ii. Provide a web based GUI module for designing layouts of multiple templates.
Template for both SMS and Email distribution can be created with both static
and variable content mapped from the data source as input
1.12 Administration
i. System to provide GUI Client
ii. Shall come in-built with a GUI based interface that enables the business
centralize the administration and governance of all configuration and
management related activities involving the application framework.
1.13 Interfaces Support
i. Integrate with third party systems using APIs, Web Services or other
standards based on business requirements.
ii. The application shall cater to the requirement of integrations with external
interfaces such as XMPP, SMPP, SIP and HTTP/WAP via the same.
1.14 Multi Device Sync/Push Support
i. Have the ability to push notifications/alerts to IOS/android/windows based
devices/tablets/ Smart phones.
2. MULTI-CHANNEL MARKETING CAMPAIGN MANAGEMENT
2.1 Marketing and Analytics
i. The Marketing Management application shall provide Campaign Management,
Budgeting, Segmentation, analytics and Multi-Channel Execution features.
ii. Application offer marketing campaign workflow functionality that completes a
sequence of tasks related to marketing campaigns (e.g. send e-mail, set call
reminder, send reminder e-mail
iii. Mass e-mail campaigns be executed from the proposed application
iv. To conduct segmentation utilizing customer usage patterns and buying behaviors.
v. To match customer profiles with potential product needs.
2.2 Campaign Management: The system shall
i. Facilitate creation, management, deployment and tracking of campaigns. It shall
support outbound campaigns via multiple communication channels such as website,
mobile, and email.
ii. The system shall support in doing Customer Segmentation, Designing of campaigns,
Outbound Marketing Campaigns, Campaign Response Tracking, Email Delivery for
outbound Marketing, Reporting and Analysis
iii. To measure the effectiveness of promotions or incentives.
iv. To improve marketing communications (appropriately targeted advertising and
collateral) by measuring the effectiveness of previous campaigns.
v. Help the business to create messages (e.g.: simple text, rich text, HTML) and
upload images for targeted campaigns.
vi. The application shall have the ability to create data profiles based on the input data.
The business can define the data profiles for targeted campaigns
vii. The application shall provide the flexibility to define rules based on the conditions
defined by the business. These rules are configured to send targeted campaigns to
customers.
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viii. The application shall support campaign generation via distribution channels like
Email and SMS
ix. Support external data sources look up
x. Campaign tracker for concerned stakeholders
xi. Facilitate delivery status for email, snail mail, SMS to be pushed back to campaign
manager in real time.
2.3 Branding Segmentation: The solution shall
i. Support a different segment (Corporate/ Consumer/ Retail) branding for
Statement/ Advice generation
ii. Have template design console that supports easy configuration of master set
of scenarios in one unified master template.
3. LOYALTY MANAGEMENT SYSTEM
3.1 Reward Points Management
i. The bidder shall be able to conceptualize, design, implement and manage a
customer loyalty and rewards program for BSNL‟s customers, including
identifying specific target segments and designing loyalty solutions.
ii. Shall able to provide a interface for customers to check their status of reward
points.
3.2 Direct Communication to the Customers
i. Loyalty program shall carry out campaigns to increase the awareness of the
loyalty program and to engage with the customers on day to day basis.
ii. Shall not send any unsolicited marketing/commercial conversation to
customers.
iii. Time-to-time festive offers and special features shall be communicated to
the customers to attract them
iv. Provide details like points awarded, points redeemed, points expired and
communicate the same to customer by extracting the information from
backend systems.
3.3 Marketing, loyalty and couponing
i. Platform shall be able to send coupons and promotional offers to mobile
devices, which can be exchanged for financial discounts or rebates when
purchasing products.
ii. Coupon administrators shall be able to upload batches of coupons, or create
new coupons.
iii. Platform shall enable BSNLs to mobilize and increase customer engagement
by delivering relevant, personalized offers to the customers.
iv. Provide information on reward points to customers of loyalty programs
3.4 Enrolment
i. Methods of enrolment shall be user definable
3.5 Points Calculation
i. Ability to compute customer points within a user configurable interval based
on the bill usage of the customer, calculate reward and tier points differently
for a unique customer, expire points at configurable time spans
3.6 TEMPORARY DEACTIVATION & TERMINATION
i. Ability to temporarily deactivate customer loyalty program profile, terminate
customer from loyalty program, allow user definable update of customer
account, allow reactivation after termination
3.7 GENERAL PROCESS REQUIREMENTS
i. Ability to maintain audit trail for all events
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SECTION – 3 – PART D6
TRANS-PROMOTIONAL MESSAGING & TARGETED ADVERTISEMENTS
ACROSS ALL CHANNELS
1. Introduction
1.1 Trans-promo shall combine traditional transactional documents such as invoices,
statements, and notifications with data-driven customer data and relevant offers
tuned to consumers‟ preferences and purchasing patterns. The objective is to
strengthen retention efforts, cross-sell, up-sell, and advance customer relationships.
1.2 Use of transactional documents as a vehicle for promotional communications such as
bills, statements or invoices that can be used to present promotional or educational
messages to customers.
1.3 Trans-promo strategies shall not be restricted to the printed channel - multi-channel
campaigns to reach more customers with highly personalized messages.
2. White Space Management
2.1 Use the white space on statements to generate new revenue streams.
2.2 Enable White Space Management through a GUI driven interface that allows business
the flexibility to design the documents as per the customer preferences.
2.3 Have the flexibility to insert rich and relevant marketing messages etc. from a
repository of images based on the available white space on the paper real estate.
2.4 Different sizes of marketing images shall need to be made available and the
application shall calculate the size of the white space available and fetch
corresponding image.
3. Trans Promotional Marketing
3.1 Linking into Multi-Channel Marketing Campaign Management
3.2 Use of business rules and white space management to allow campaigns to have
variable messages that are segmented and personalized to the individual
3.3 Imprint transactional documents like bills, invoices, and statements with variable
messages tuned to customers‟ unique preferences.
3.4 The promotional messages shall be imprinted directly on the bills and statements
using full or highlight color images in the document‟s white space. And those
messages may take the form of informational, educational, or cross-sell messages
depending on the business objective.
3.5 System shall be template-driven, adjustments to messaging and offers can be made
in a matter with less effort
4. Print and Electronic Media
4.1 Both transactional and promotional documents shall be delivered in electronic form,
either in addition to a paper document or in lieu of paper.
4.2 Enable the development of business rules that govern how transaction data and other
data and content are utilized to generate a unique document with personalized and
relevant graphics or promotions for each recipient.
4.3 Use of a combination of print, the Web, and e-mail communications media together in
an integrated campaign
5. QR Codes
5.1 Ensure that the QR code is a specialized 2D barcode that stores information a user
can access via a camera-enabled smart phone.
6. Trans-promo Printing
6.1 BSNL shall enable printing of trans-promo messages using High-resolution black &
white, highlight color and full-color digital printing presses capable of merging
transactional and customer data in monochrome, highlight color, or full digital color.
It shall enable job-appropriate printing of black & white, highlight color or full color
documents with variable text, images, and graphics based on the objectives and
economics of the job.
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6.2 Enable job-appropriate print files of black & white, highlight color or full color
documents with variable text, images, and graphics based on the objectives and
economics of the job.
6.3 Flexibility to either print on or replace pre-printed forms based on cost metrics and
objectives.
7. Other Channels for Advertisements
7.1 Bidder shall consider advertisement inserts in other channels such as Mobile
Advertising, SMS. Email etc
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SECTION-4 Part A
GENERAL INSTRUCTIONS TO BIDDERS (GIB)
1. DEFINITIONS:
(a) "The Purchaser" means the Bharat Sanchar Nigam Ltd. (BSNL), New Delhi
(b) "The Bidder" means the individual or firm who participates in this tender and
submits its bid.
(c) "The Supplier" or “The Bidder” means the individual or firm supplying the
services under the contract.
(d) "The Goods" means all the equipment, machinery, and/or other materials which
the Supplier is required to supply to the Purchaser under the contract.
(e) "The Advance Work Order" or “Letter of Intent” (AWO) means the intention of
Purchaser to place the Work Order on the bidder.
(f) "The “Work Order" (WO) means the order placed by the Purchaser on the
Supplier signed by the Purchaser including all attachments and appendices thereto
and all documents incorporated by reference therein. The purchase order shall be
deemed as "Contract" appearing in the document.
(g) "The transaction based fee" means the price payable to the Supplier under the
work order for the full and proper performance of its contractual obligations.
(h) "Telecom Service Provider" means any Telecom operator in India, who is
licensed by the Department of Telecommunications (DOT), Government of India to
provide telecom services to the general public or to the other DOT licensed
Telecom operators. "Telecom Service Provider" also refers to any Telecom
operator in other countries providing telecom services to general public of that
country or to other telecom operators of the same country.
(i) “Customer Acquisition & Customer Communication Management System
Provider CACMSP)” or “Successful Bidder(s)” means the bidder(s) to who
work has been awarded.
2. ELIGIBLITY CONDITIONS:
2.1 Kindly refer to clause 5 of Section – 1 of this tender document i.e detailed NIT.
3. COST OF BIDDING
3.1 The bidder shall bear all costs associated with the preparation and submission of the bid.
The Purchaser will, in no case, be responsible or liable for these costs, regardless of the
conduct or outcome of the bidding process.
4. DOCUMENTS REQUIRED
4.1 The goods required to be supplied; bidding procedures and contract terms and conditions
are prescribed in the Bid Documents. The contents of the Bid documents are specified in
the covering letter.
4.2 The Bidder is expected to examine all instructions, forms, terms and specifications in the
Bid Documents and clarifications/ amendments/ addenda, if any. Failure to furnish all
information required as per the Bid Documents or submission of the bids not substantially
responsive to the Bid Documents in every respect will be at the bidder's risk and may
result in rejection of the bid.
5. CLARIFICATION OF BID DOCUMENTS
5.1 A prospective bidder, requiring any clarification on the Bid Documents shall notify the
Purchaser in writing by FAX or by Email of the Purchaser as indicated in the invitation of
Bid. The Purchaser shall respond in writing to any request for the clarification of the Bid
Documents, which it receives 21 days prior to the date of opening of the Tenders.
Copies of the query (without identifying the source) and clarifications by the Purchaser
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shall be sent to all the prospective bidders who have received the bid documents.
5.2 Any clarification issued by BSNL in response to query raised by prospective bidders shall
form an integral part of bid documents and shall amount to an amendment of the
relevant clauses of the bid documents.
6. AMENDMENT OF BID DOCUMENTS
6.1 The Purchaser may, for any reason, whether at its own initiative or in response to a
clarification requested by a prospective bidder, may modify bid documents by
amendments prior to the date of submission of Bids with due notification to prospective
bidders.
6.2 The amendments shall be notified in writing by FAX or Email or by Addendum through e-
tendering portal ( for tenders invited through e-tendering process)to all prospective
bidders on the address intimated at the time of purchase of the bid document from the
purchaser and these amendments will be binding on them.
6.3 In order to afford prospective bidders a reasonable time to take the amendment into
account in preparing their bids, the purchaser may, at its discretion, extend the deadline
for the submission of bids suitably.
7. DOCUMENTS COMPRISING THE BID:
7.1 The bid prepared by the bidder shall ensure availability of the following components:
a. Documentary evidence establishing that the bidder is eligible to bid and is qualified
to perform the contract if its bid is accepted in accordance with the clause 2 & 10.
b. Bid Security furnished in accordance with clause 12.
c. A Clause by Clause compliance as per clause 11.2 (c)
d. A Bid form and price schedule completed in accordance with clause 8 & 9.
8. BID FORM
8.1 The bidder shall complete the bid form and appropriate Price Schedule furnished in the
Bid Documents, indicating the goods to be supplied, brief description of the goods,
quantity and prices as per section- 9.
9. BID PRICES
9.1 The bidder shall give the total composite price inclusive of all Levies & Taxes i.e. Sales
Tax & Excise, packing, forwarding, freight and insurance etc. but excluding Octroi/ Entry
Tax which will be paid extra at actual, wherever applicable. The basic unit price and all
other components of the price need to be individually indicated up to two decimal points
only against the goods it proposes to supply under the contract as per the price schedule
given in Section 9 Part B. Prices of incidental services should also be quoted. The offer
shall be firm in Indian Rupees. No Foreign exchange will be made available by the
purchaser.
9.2 Prices indicated in the Price Schedule shall be entered in the following manner:
i. The Basic Unit price (Ex-Factory Price) of the goods, Excise duty, Custom duty,
Sales Tax, Freight, Forwarding, Packing, Insurance and any other Levies/
Charges already paid or payable by the supplier shall be quoted separately item
wise.
ii. The supplier shall quote as per price schedule given in Section 9 part B for all
the items given in schedule of requirement at Section 3 part C.
9.3 A bid submitted with an adjustable price quotation will be treated as non-responsive and
rejected.
9.4 The prices quoted by the bidder shall be in sufficient detail to enable the Purchaser to
arrive at the price of equipment/ system offered.
9.5 "DISCOUNT if any, offered by the bidders shall not be considered unless specifically
indicated in the price schedule. Bidders desiring to offer discount shall therefore modify
their offers suitably while quoting and shall quote clearly net price taking all such factors
like Discount, free supply, etc. into account".
9.6 The price approved by BSNL for procurement will be inclusive of levies and taxes,
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packing, forwarding, freight and insurance as mentioned in clause 9.1 subject to other
terms and condition as stipulated in clause 22.2 of Section 4 Part A. and clause 11 of
Sec-5 Part A of Bid-document. Unloading charges at the consignee end shall be borne by
the supplier and no separate charges shall be paid for transportation to individual sites
for installation.
9.7 The freight by sea for transportation of equipment/Stores from the nearest port in the
main land to Andaman & Nicobar Islands will be reimbursed to the supplier at the
concessional rates levied by Ministry of Water and Surface Transport on production of
proof.
10. DOCUMENTS ESTABLISHINGBIDDER'S ELIGIBILITY AND QUALIFICATION
10.1 The bidder shall furnish, as part of the bid documents establishing the bidder's eligibility,
the following documents or whichever is required as per terms and conditions of Bid
Documents.
a) Valid MSE Certificate, if applicable. In case the ownership of such MSE
Entrepreneurs happens to be from SC/ST category, proof in this regard also need
to be submitted.
b) Type Approval Certificate given by Telecom Engineering Centre (TEC)/ TSEC issued
by the Quality Assurance Circle of BSNL or proof of having applied for TSEC (Copy
of Form QF 103 be attached).
c) Inspection Certificate issued by BSNL (QA) for execution of educational/
Commercial Order.
d) Additional documents to establish the eligibility and qualification of bidder as
specified in Section-I and Section-4 Part B.
e) Power of Attorney as per clause 14.3 (a) and (d) and authorization for executing
the power of Attorney as per clause 14.3 (b) or (c).
f) Documentary proof of applicable rate of ED/ CD/ Sales Tax/ VAT /Service Tax.
g) Undertaking duly signed by front bidder and its technology/ consortium partner
stating that both of them shall be liable for due performance of the contract jointly
and severally.
h) Certificates from all Directors of the bidder stating that none of their near relatives
are working in BSNL in accordance with clause 34.
i) Certificate of incorporation.
j) Article or Memorandum of Association or partnership deed or proprietorship deed
as the case may be.
k) List of all Directors including their name(s), Director Identification Number(s) (DIN)
and address (es) along with contact telephone numbers of office and residence.
l) Registration certificate from State Director of Industries or from Secretariat for
Industrial Assistance (SIA), Ministry of Industries, Government of India.
m) Approval from Reserve Bank of India/ SIA in case of foreign collaboration.
Note 1: Documents at S. No 10.1(g), (k), (l), (m) are applicable in case of tenders with
estimated cost more than Rs 1 Crore.
10.2 Documentary evidence for financial and technical capability
a) The bidder shall furnish audited Annual Report and /or a certificate from its
bankers to assess its solvency/financial capability.
b) The bidder shall furnish documentary evidence about technical and production
capability necessary to perform the contract.
10.3 In order to enable the Purchaser to assess the proven-ness of the system offered, the
bidder shall provide documentary evidence regarding the system being offered by him.
10.4 The offered product has to be type approved. For this purpose, the supplier shall submit
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a sample type for evaluation. The sample would be evaluated for its ability to meet the
technical specifications, manufacturability, reliability, testability, ease of installation,
maintainability etc. Necessary documents to substantiate these attributes will have to be
submitted at the time of application for approval by the supplier for obtaining type
approval. Or In case goods offered have already been type approved/ validated by the
Purchaser, documentary evidence to this effect shall be submitted by the bidder.
10.5 A signed undertaking from Authorized Signatory of the bidder that shall certify that all
components/ parts/ assembly/ software used in the Desktops and Servers like Hard disk,
Monitors, Memory etc. shall be original, new components/ parts/ assembly/ software and
that no refurbished/ duplicate/ second hand components/ parts/ assembly/ software are
being used or shall be used.
10.6 For supply of any software i.e. operating system or any applications software the bidder
should submit a Certificate Of Authenticity (COA), signed by Authorized Signatory stating
that all Software supplied are authentic and legal copy is/ are being supplied.
10.7 Documentary evidence/ Declaration to the effect that the type of software to be utilized
in the system/ equipment i.e. Packaged/ Canned OR Customized shall be furnished by
the bidder. In case of Packaged/ Canned, the portion of value which represents
consideration paid or payable for transfer of right to use such goods subject to provisions
laid down in Central Excise/Custom Notifications”.
11. DOCUMENTS ESTABLISHING GOODS‟ CONFORMITY TO BID DOCUMENTS
11.1 Pursuant to clause 7, the bidder shall furnish, as part of its bid, documents establishing
the conformity of its bid to the Bid Documents of all goods and services which he
proposes to supply under the contract.
11.2 The documentary evidences of the "goods and services" conformity to the Bid Documents
may be, in the form of literature, drawings, data etc. and the bidder shall furnish:
a) a detailed description of goods with essential technical and performance
characteristics;
b) a list, giving full particulars including available sources and current prices of all spare
parts, special tools, etc., necessary for the proper and continuous functioning of the
goods for a period of three years following commencement of use of the goods by
the purchaser, and
c) a clause-by-clause compliance on the purchaser's Technical Specifications and
Commercial Conditions demonstrating substantial responsiveness to the Technical
Specifications and Commercial Conditions. In case of deviations, a statement of the
deviations and exception to the provision of the Technical Specifications and
Commercial Conditions shall be given by the bidder. A bid without clause-by-clause
compliance of the Scope of Work, Technical Specifications, SOR (Section-3 Part A, B
& C), General (Commercial) Conditions & Special (Commercial) Conditions, General
Conditions of AMC (Section- 5 Part A, B & C) shall not be considered.
11.3 For the purpose of compliance to be furnished pursuant to the clause11.2(c) above, the
bidder shall note that the standards for the workmanship, material and equipment and
reference to the brand names or catalogue number, designated by the Purchaser in its
Technical specifications are intended to be descriptive only and not restrictive.
12. BID SECURITY / EMD
12.1 The bidder shall furnish, as part of its bid, a bid security as mentioned in Section-
1(DNIT).
12.2 The MSE bidders are exempted from payment of bid security:
(a) A proof regarding valid registration with body specified by Ministry of Micro, Small
& Medium Enterprise for the tendered items will have to be attached alongwith the
bid.
(b) The enlistment certificate issued by MSME should be valid on the date of opening
of tender.
(c) MSE unit is required to submit its monthly delivery schedule.
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(d) If a vender registered with body specified by Ministry of Micro, Small & Medium
Enterprise claiming concessional benefits is awarded work by BSNL and
subsequently fails to obey any of the contractual obligations, he will be debarred
from any further work/ contract by BSNL for one year from the date of issue of
such order.
12.3 The bid security is required to protect the purchaser against the risk of bidder's conduct,
which would warrant the forfeiture of bid security pursuant to Para 12.7.
12.4 A bid not secured in accordance with Para 12.1 & 12.2 shall be rejected by the Purchaser
being non-responsive at the bid opening stage and archived unopened on e-tender portal
for e-tenders and returned to the bidder unopened(for manual bidding process)
12.5 The bid security of the unsuccessful bidder will be discharged/ returned as promptly as
possible and within 30 days of finalization of the tender or expiry of the period of the bid
validity period prescribed by the purchaser pursuant to clause 13.
12.6 The successful bidder's bid security will be discharged upon the bidder's acceptance of
the advance purchase order satisfactorily in accordance with clause 27 and furnishing the
performance security, except in case of L-1 bidder, whose EMBG/EMD shall be released
only after the finalization of ordering of complete tendered quantity in pursuance to
clause no. 24.4 & 27.3 of this section.
12.7 The bid security may be forfeited:
(a) 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 in the bid form
or extended subsequently; or
(b) If the bidder does not accept the APO/ AWO and/ or does not submit PBG & sign
the contract/ agreement in accordance with clause 28.
Note: - The bidder shall mean individual company/ firm or the front bidder and its technology/
consortium partner, as applicable.
13. PERIOD OF VALIDITY OF BIDS
13.1 Bid shall remain valid for period specified in clause 2 of Tender Information. A bid valid
for a shorter period shall be rejected by the purchaser being non-responsive.
13.2 In exceptional circumstances, the purchaser may request the consent of the bidder for an
extension to the period of bid validity. The request and the response thereto shall be
made in writing. The bid security provided under clause 12 shall also be suitably
extended. The bidder may refuse the request without forfeiting its bid security. A bidder
accepting the request and granting extension will not be permitted to modify its bid.
14. FORMAT AND SIGNING OF BID
14.1 The bidder shall submit his bid, online (in case of e-tendering) & through sealed
envelopes physically (in case of tenders with manual bidding process), complying all
eligibility conditions, other terms and conditions of tender document to be read along
with the clarifications and amendments issued in this respect. All the documents must be
authenticated, using Digital Signature (in case of e-tendering) & by hand signatures (for
manual bidding process), by the authorized person. The letter of authorization shall be
indicated by written power-of-attorney accompanying the bid.
Note:-The Purchaser may ask the bidder(s) to supply, besides original bid, additional
copy of bids as required by him.
14.2 The bid shall contain no interlineations, erasures or overwriting except as
necessary to correct errors made by the bidder in which case such corrections shall be
signed by the person or persons signing the bid. All pages of the original bid, except for
un-amended printed literatures, shall be digitally signed by the person or persons signing
the bid.
14.3 Power of Attorney
a. The power of Attorney should be submitted and executed on the non-judicial
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stamp paper of appropriate value as prevailing in the concerned states(s) and the
same be attested by a Notary public or registered before Sub-registrar of the
state(s) concerned.
b. The power of Attorney be executed by a person who has been authorized by the
Board of Directors of the bidder in this regard, on behalf of the Company/
institution/ Body corporate.
c. In case of the bidder being a firm, the said Power of Attorney should be executed
by all the partner(s) in favour of the said Attorney.
d. Attestation of the specimen signatures of authorized signatory by the Company‟s/
firm‟s bankers shall be furnished. Name, designation, Phone number, mobile
number, email address and postal address of the authorized signatory shall be
provided.
15. SEALING AND MARKING OF BIDS
15.1 The bid should be submitted as per Clause 3 of tender information.
15.1.1 The bids may be called under:
a) Single stage bidding & Single envelope system OR
b) Single Stage Bidding & Two Envelope System
The details of sealing & marking of bids in each case is given below:
15.1.2 In Single stage bidding & single envelope system, the bidder shall submit all the
documents specified for Techno-commercial bid & Financial bid in a single envelope. The
cover shall contain the „Original Copy‟ of the bids subject to clause 14.2. The envelope
should be sealed by the personal seal of the bidder.
15.1.3 In Single stage bidding & two envelopes system, the bidder shall submit his bid in two
envelopes;
The First envelope will be named as Techno-commercial bid. This envelope will contain
documents of bidder‟s satisfying the eligibility / Technical & commercial conditions as per
clause 2 & 10 with Bid Security as per Clause 12. Second envelope will be named as
Financial bid containing Price Schedules as per Section 9 Part B(I&II) .
The cover of first envelope shall contain the „Original Copy‟ of the Techno-commercial bid,
subject to clause 14.2, duly marked ' TECHNO-COMMERCIAL BID '. The cover of second
envelope shall contain the „Original Copy‟ of the financial bid, subject to clause 14.2, duly
marked ' FINANCIAL BID '.
Both the envelopes should be sealed separately and further kept in a single main
envelope under the personal seal of the bidder.
15.2 a) The envelopes shall be addressed to the purchaser inviting the tender
i. In case of tenders invited by MMT section of BSNL CO, the Purchaser Address
shall be:
DGM (MMT),
Bharat Sanchar Nigam Limited (Corporate Office),
2nd Floor, Bharat Sanchar Bhawan, Janpath, New Delhi-110001.
ii. In case of tenders invited from other section of BSNL CO./ Circles/ SSA of BSNL, the
Purchaser Address shall be specified by the purchaser inviting the tender of
concerned Circle/ SSA.
a. The envelope shall bear the name of the tender, the tender number and
the words 'DO NOT OPEN BEFORE' (due date & time).
b. The inner and outer envelopes shall indicate the name and complete postal
c. address of the bidder to enable the purchaser to return the bid unopened
in case it is declared to be received 'late'.
d. Tender should be deposited in the tender box provided by tendering
authority or sent by registered post or delivered in person on above
mentioned address (address is given in Clause 15.2 (a) above). The
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responsibility for ensuring that the tenders are delivered in time would vest
with the bidder.
e. Bids delivered in person on the day of tender opening shall be delivered
upto specified time & date as stated in NIT to Section Officer (MMT) [in
case of tenders invited by MMT section of BSNL C.O.] / concerned officer to
be specified by tendering authority [In case of tenders invited from other
units of BSNL CO./ Circles/ SSA of BSNL] at the venue (address is given in
clause 15.2 (a) above). The purchaser shall not be responsible if the bids
are delivered elsewhere.
f) Venue of Tender Opening:
(i) In case of Tenders invited by MMT section of BSNL, C.O., tenders
will be opened in Meeting Room, 2nd Floor, Bharat Sanchar
Bhawan, Janpath, New Delhi-110001 at specified time & date as
stated in NIT.
(ii) In case of tenders invited from other units of BSNL CO./ Circles /
SSA of BSNL, the details of Venue shall be specified by the
purchaser inviting the tender of concerned Circle/ SSA .
If due to administrative reasons, the venue of Bid opening is
changed, it will be displayed prominently on Meeting Room, 2nd
Floor, Bharat Sanchar Bhawan and notice board on 2nd Floor,
Bharat Sanchar Bhawan)[ in case of tenders invited by MMT section
of BSNL C.O.] & at a place notified by other section of BSNL CO./
Circle/SSA[In case of tenders invited from other sections of BSNL
CO./ Circles/ SSA of BSNL].
15.3 If both the envelopes are not sealed and marked as required at para 15.1 and 15.2, the
bid shall be rejected.
16. SUBMISSION OF BIDS
16.1 Bids must be submitted by the bidders on or before the specified date & time indicated in
Clause 6 of Section-I i.e. DNIT.
16.2 The Purchaser may, at its discretion, extend this deadline for the submission of bids by
amending the Bid Documents in accordance with clause 6 in which case all rights and
obligations of the purchaser and bidders previously subject to the deadline will thereafter
be subjected to the extended deadline.
16.3 The bidder shall submit its bid offer against a set of bid documents purchased by him for
all or some of the systems/ equipment as per requirement of the Bid Documents. He may
include alternate offer, if permissible as per the bid. However, not more than one
independent and complete offer shall be permitted from the bidder.
17. LATE BIDS
17.1 No bid shall be accepted either online by E-Tender Portal or physically in case of manual
bidding process after the specified deadline for submission of bids prescribed by the
purchaser.
18. MODIFICATION AND WITHDRAWAL OF BIDS
18.1 The bidder may modify, revise or withdraw his bid after submission prior to deadline
prescribed for submission of bid.
18.2 The bidder‟s modification, revision or withdrawal shall have to be online and digitally
authenticated (in case of e-tendering) & physically (in case of manual bidding process) as
per clause 15.
18.3 Subject to clause 20, no bid shall be modified subsequent to the deadline for submission of bids.
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19. OPENING OF BIDS BY PURCHASER
19.1 The purchaser shall open bids online (in case of e-Tenders) or physically (in case of
manual bidding process) in the presence of the authorized representatives of bidders
online (in case of e-Tenders) or physically present (in case of e-Tenders as well as
manual bidding process) who chose to attend, at time & date specified in Clause 7 of D
NIT(Section-1) on due date. The bidder's representatives, who are present, shall sign in
an attendance register. Authority letter to this effect shall be submitted by the authorized
representatives of bidders before they are allowed to participate in bid opening (A Format
is given in enclosed in Section-7 C).
19.2 A maximum of two representatives of any bidder shall be authorized and permitted to
attend the bid opening.
19.3 Name of envelopes to be opened & information to be read out by Bid Opening Committee
(i) In Single stage bidding & single envelope system; techno-commercial bid &
financial Bid will be opened on the date of tender opening given in NIT.
(ii) In Single stage bidding & two envelopes system; the bids will be opened in 2
stages i.e. the techno-commercial bid shall be opened on the date of tender
opening given in NIT. The financial bid will not be opened on the Date of opening
of techno commercial bids in this case & sealed financial bids will be handed over
to DGM (MMT), BSNL, CO./ Other section in BSNL, CO./ „MM‟ cell in circle/ SSA
offices (as applicable) for retention.
Thereafter the CET will evaluate Techno-commercial bids & the report of CET will
be approved by competent authority.
The financial bids of those bidders who are approved to be techno-commercially
compliant by the competent authority, will be opened by TOC in front of techno
commercially eligible bidders/ authorized representatives by sending them a
suitable notice.
(iii) The following information should be read out at the time of Techno-commercial bid
opening:-
a) Name of the Bidder
b) Name of the item
c) EMD amount & validity and acceptability
d) Information in respect of eligibility of the bidder.
e) Details of bid modification/ withdrawal, if applicable.
(i) The following information should be read out at the time of Financial bid
opening:-
a) Name of the Bidder
b) Name of the item
c) Quantities/prices quoted in the bid
d) Discount, if offered
e) Taxes & levies
19.4 The date fixed for opening of bids, if subsequently declared as holiday by the BSNL, the
revised date of schedule will be notified. However, in absence of such notification, the
bids will be opened on next working day, time and venue remaining unaltered.
20. CLARIFICATION OF BIDS
20.1 To assist in the examination, evaluation and comparison of bids, the purchaser may, at
its discretion ask the bidder for the clarification of its bid. The request for the clarification
and the response shall be in writing. However, no post bid clarification at the initiative of
the bidder shall be entertained.
20.2 If any of the documents, required to be submitted along with the technical bid is found
wanting, the offer is liable to be rejected at that stage. However the purchaser at its
discretion may call for any clarification regarding the bid document within a stipulated
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time period. In case of non compliance to such queries, the bid will be out rightly rejected
without entertaining further correspondence in this regard.
21. PRELIMINARY EVALUATION
21.1 Purchaser shall evaluate the bids to determine whether they are complete, whether any
computational errors have been made, whether required sureties have been furnished,
whether the documents have been properly signed and whether the bids are generally in
order.
21.2 Arithmetical errors shall be rectified on the following basis. Based on the quoted
percentage of duties and taxes, Freight etc. the amounts quoted thereof shall be worked
out and rounded off to 2 decimal points. In case the unit price quoted in column 12 does
not tally with its breakup quoted in col. 4, 6, 8, 10 & 11, the same shall be corrected by
summing up the breakups. If there is a discrepancy between the unit price and total price
that is obtained by multiplying the unit price and quantity, the unit price shall prevail and
the total price shall be corrected by the purchaser.
21.3 If there is a discrepancy between words and figures, the amount in words shall prevail. If
the supplier does not accept the correction of the errors, its bid shall be rejected.
21.4 Prior to the detailed evaluation pursuant to clause 22, the Purchaser will determine the
substantial responsiveness of each bid to the Bid Document. For purposes of these
clauses, a substantially responsive bid is one which confirms to all the terms and
conditions of the Bid Documents without material deviations. The purchaser's
determination of bid's responsiveness shall be based on the contents of the bid itself
without recourse to extrinsic evidence.
21.5 A bid, determined as substantially non-responsive will be rejected by the purchaser and
shall not subsequent to the bid opening be made responsive by the bidder by correction
of the non-conformity.
21.6 The Purchaser may waive any minor infirmity or non-conformity or irregularity in a bid
which doesn't constitute a material deviation, provided such waiver doesn't prejudice or
affect the relative ranking of any bidder.
22. EVALUATION AND COMPARISON OF SUBSTANTIALLY RESPONSIVE BIDS
22.1 The Purchaser shall evaluate in detail and compare the bids previously determined to be
substantially responsive pursuant to clause 21.
22.2 The evaluation and comparison of responsive bids shall be done on the basis of Net cost
to BSNL on the prices of the goods offered inclusive of Duties and taxes (but excluding
CENVAT-able Duties & Taxes), Sales Tax, Packing, Forwarding, Freight and Insurance
charges etc. as arrived in Col. 17 of the price schedule in the Section-.9 Part B (I&II)of
the Bid-document after arithmetical correction in the manner laid down in clause 21.2
above.
22.3 As stipulated in clause 9.1, Octroi/ Entry Taxes are not to be included in the composite
price and hence the same will not be considered for the purpose of evaluation and
comparison of responsive bids. However, Octroi/ Entry Taxes will be paid extra. as per
actual wherever applicable on production of proof of payment/relevant
invoices/documents.
i. “Duties & Taxes for which the firm has to furnish Cenvatable Challans/ Invoices will
be indicated separately in the PO/APO.
ii. Vendors should furnish the correct E.D./Customs tariff Head in the price Schedule.
If the credit for the Duties and Taxes under CENVAT Credit Rules, 2004 is found to
be not admissible at any stage subsequently owing to wrong furnishing of Tariff
Head, then the vendors will be liable to refund such non-admissible amount, if
already paid, along with penalty if charged by the concerned authority.
iii. In case the Duties & Taxes which are non CENVAT-able as per the quotes indicated
in the price schedule by the vendors and subsequently at any stage it is found that
Credit for such Duties & Taxes is admissible as per CENVAT Credit Rules, 2004,
then the vendors will be liable to refund the amount equivalent to such Duties &
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Taxes if already paid to them. However, the purchaser may allow the supplier to
submit necessary documents in this regard which may enable the purchaser to
avail the CENVAT credit provided such credit is still available for the amount so
paid as per CENVAT Credit Rules 2004.
iv. The purchaser reserves the right to ask the bidders to submit documentary proof
confirming the correct Tariff Head from the E.D./Customs authority where the Tariff
Head furnished against the particular tendered item by different bidders differs
from each other or the same is found apparently not furnished in accordance with
E.D./ Customs Tariff notifications.
v. “If the supplier fails to furnish necessary supporting documents i.e. Excise/
Customs invoices etc. in respect of the Duties/taxes which are Cenvatable, the
amount pertaining to such Duties/ Taxes will be deducted from the payment due to
the firm.”
23. CONTACTING THE PURCHASER
23.1 Subject to Clause 20, no bidder shall try to influence the Purchaser on any matter
relating to its bid, from the time of the bid opening till the time the contract is awarded.
23.2 Any effort by a bidder to modify its bid or influence the purchaser in the purchaser's bid
evaluation, bid comparison or contract award decision shall result in the rejection of the
bid.
24. PLACEMENT OF ORDER
24.1 The Purchaser shall consider placement of orders for commercial supplies only on those
eligible bidders whose offers have been found technically, commercially and financially
acceptable and whose goods have been type approved/ validated by the purchaser. The
Purchaser reserves the right to counter offer price(s) against price(s) quoted by any
bidder.
24.2 The ordering price of any bidder shall not exceed the lowest evaluated package price.
However, at a later stage if there is any increase in Govt. duties/taxes within scheduled
delivery date (SDD), the unit prices with applicable revised duties/taxes will be paid to
suppliers irrespective of their ranking viz.L1/ L2/ L3 …..etc keeping other levies & charges
unchanged.
24.3 The purchaser reserves the right for the placement of order of entire tendered quantity
on the bidder with the lowest evaluated price.
24.4 In the event of L2 and so on bidders refusing to accept its package de rated to the price
of L1 bidder, BSNL reserves the right to place the order for entire quantity to the L1
bidder. It is mandatory for the L1 bidder to accept such an offer (second APO) at
evaluated L-1 price and shall perform the whole contract as envisaged in the tender
document. The additional quantity, due to non-acceptance of respective quantity by L2
and/or L3 and so on bidders, as envisaged in clause3 (Distribution of Quantity) in section
4 Part B, shall be supplied by the L-1 bidder as part of whole contract.
25. PURCHASER'S RIGHT TO VARY QUANTITIES
25.1 BSNL reserves the right to increase or decrease up to 25% of the quantity of goods and
services specified in the schedule of requirements without any change in the unit price or
other terms and conditions at the time of award of contract.
25.2 BSNL also reserves the right for placement of additional order or up to 50% of the
additional quantities of goods and services contained in the running tender/ contract
within a period of twelve months from the date of acceptance of first APO in the tender at
the same rate or a rate negotiated (downwardly) with the existing venders considering
the reasonability of rates based on prevailing market conditions and the impact of
reduction in duties and taxes etc and supplies to be obtained within delivery period
scheduled afresh.
25.3 In exceptional situation where the requirement is of an emergent nature and it is
necessary to ensure continued supplies from the existing venders, the purchaser reserves
the right to place repeat order up to 100% of the quantities of goods and services
contained in the running tender /contract within a period of twelve months from the date
of acceptance of first APO in the tender at the same rate or a rate negotiated
(downwardly) with the existing venders considering the reasonability of rates based on
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prevailing market conditions and the impact of reduction in duties and taxes etc.
Exceptional situation and emergent nature should be spelt out clearly detailing the
justification as well as benefits accrued out of it and loss incurred in case this provision is
not invoked and approved by the authority competent to accord administrative and
financial approval for the procurement calculated on the basis of total procurement i.e.
initial and proposed add-on quantity.
26. PURCHASER'S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS
26.1 The Purchaser reserves the right to accept or reject any bid, and to annul the bidding
process and reject all bids, at any time prior to award of contract without assigning any
reason whatsoever and without thereby incurring any liability to the affected bidder or
bidders on the grounds of purchaser‟s action.
27. ISSUE OF ADVANCE PURCHASE ORDER
27.1 The issue of an Advance Purchase Order shall constitute the intention of the Purchaser to
enter into contract with the bidder.
27.2 The bidder shall within 14 days of issue of the advance purchase order, give its
acceptance along with performance security in conformity with the proforma provided
with the bid document at Section-7B.
27.3 L-1 bidder may be issued Advanced Purchase Order (APO) in two stages. The first APO
shall be issued for L-1 quantity as defined in clause above. The second APO may be
issued to L-1 bidder only when the Purchaser exercises the right for placement of order
on balance tendered quantity on the bidder with the lowest evaluated price in conformity
to Clause 24.3 & 24.4 of Section 4 Part A.
28. SIGNING OF CONTRACT
28.1 The issue of Purchase order shall constitute the award of contract on the bidder.
28.2 Upon the successful bidder furnishing performance security pursuant to clause 27, the
Purchaser shall discharge the bid security in pursuant to clause 12, except in case of L-1
bidder, whose EMBG/ EMD shall be released only after finalization of ordering of
complete tendered quantity in pursuance to clause no. 24.4 & 27.3 of this section..
29. ANNULMENT OF AWARD
29.1 Failure of the successful bidder to comply with the requirement of clause 27 & 28 shall
constitute sufficient ground for the annulment of the award and the forfeiture of the bid
security in which event the Purchaser may make the award to any other bidder at the
discretion of the purchaser or call for new bids.
30. QUALITY ASSURANCE REQUIREMENTS
30.1 The supplier shall have Quality Management System supported and evidenced by the
following:
(a) A Quality Policy.
(b) A management representative with authority and responsibility for fulfilling QA
requirements and for interfacing with purchaser in the matters of Quality.
(c) Procedure for controlling design/ production engineering, materials, choice of
components/vendors, manufacturing and packaging process for supplying quality
products.
(d) System of Inward Good Inspection.
(e) System to calibrate and maintain required measuring and test equipment.
(f) System for tracing the cause for non-conformance (traceability) and segregating
product which don't conform to specifications.
(g) Configuration management and change-control mechanism.
(h) A quality plan for the product.
(i) Periodical internal quality audits.
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31. REJECTION OF BIDS
31.1 While all the conditions specified in the Bid documents are critical and are to be complied,
special attention of bidder is invited to the following clauses of the bid documents. Non-
compliance of any one of these shall result in outright rejection of the bid.
(a) Clauses 12.1, 12.2 & 13.1 of Section- 4 Part A: The bids will be rejected at
opening stage if Bid security is not submitted as per Clauses 12.1 & 12.2 and
bid validity is less than the period prescribed in Clause 13.1 mentioned above.
(b) Clause 2 & 10 of Section-4Part A: If the eligibility condition as per clause 2 of
Section 4 Part A is not met and/ or documents prescribed to establish the
eligibility as per Clause 10 of section 4 Part A are not enclosed, the bids will be
rejected without further evaluation.
(c) Clause 11.2 (c) of Section-4 Part A: If clause-by-clause compliance as well as
deviation statements as prescribed are not given, the bid will be rejected at
the stage of primary evaluation.
(d) While giving compliance to Section-5 Part A, General Commercial conditions,
Section-4 Part B, Special Instructions to Bidders, Section-5B Special
(Commercial) Conditions of Contract and Section-3 Technical Specifications
ambiguous words like "Noted", "Understood", “Noted & Understood" shall not
be accepted as complied. Mere "Complied" will also be not sufficient, reference
to the enclosed documents showing compliances must be given.
(e) Section-9 Price Schedule: Prices are not filled in as prescribed in price
schedule.
(f) Section-4 Part A clause 9.5 on discount which is reproduced below:-
(g) "Discount, if any, offered by the bidder shall not be considered unless
specifically indicated in the price schedule. Bidders desiring to offer discount
shall therefore modify their offer suitably while quoting and shall quote clearly
net price taking all such factors like Discount, free supply etc. into account".
31.2 Before outright rejection of the Bid by Bid-opening team for non-compliance of any of the
provisions mentioned in clause 31.1(a), 31.1(b) of Section-4PartA, the bidder company is
given opportunity to explain their position, however if the person representing the
company is not satisfied with the decision of the Bid opening team, he/they can submit
the representation to the Bid opening team immediately but in no case after closing of
the tender process with full justification quoting specifically the violation of tender
condition if any.
31.3 Bid opening team will not return the bids submitted by the bidders on the date of tender
opening even if it is liable for rejection and will preserve the bids in sealed cover as
submitted by taking the signatures of some of the desirous representatives of the
participating bidder/companies present on the occasion.
31.4 The in-charge of Bid opening team will mention the number of bids with the name of the
company found unsuitable for further processing on the date of tender opening and
number of representations received in Bid opening Minutes and if Bid opening team is
satisfied with the argument of the bidder/company mentioned in their representation and
feel that there is prima-facie fact for consideration, the in-charge of the bid opening team
will submit the case for review to Officer competent to approve the tender as early as
possible preferably on next working day and decision to this effect should be
communicated to the bidder company within a week positively. Bids found liable for
rejection and kept preserved on the date of tender opening will be returned to the
bidders after issue of P.O. against the instant tender.
31.5 If the reviewing officer finds it fit to open the bid of the petitioner, this should be done by
giving three (working) days notice to all the participating bidders to give opportunity to
participants desirous to be present on the occasion.
32. ACTION BY PURCHASER AGAINST BIDDER(S)/ VENDOR(S) IN CASE OF DEFAULT.
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32.1 In case of default by Bidder(s)/ Vendor(s) such as
(a) Does not supply the equipment in time;
(b) Equipment does not perform satisfactory in the field in accordance with the
specifications;
(c) Or any other default whose complete list is enclosed in Appendix-1.
(d) Purchaser will take action as specified in Appendix-1 of this section.
33. NEAR-RELATIONSHIP CERTIFICATE
33.1 The bidder should give a certificate that none of his/ her near relative, as defined below,
is working in the units where he is going to apply for the tender. In case of
proprietorship firm certificate will be given by the proprietor. For partnership firm
certificate will be given by all the partners and in case of limited company by all the
Directors of the company excluding Government of India/ Financial institution nominees
and independent non-Official part time Directors appointed by Govt. of India or the
Governor of the state and full time Directors of PSUs both state and central. Due to any
breach of these conditions by the company or firm or any other person the tender will be
cancelled and Bid Security will be forfeited at any stage whenever it is noticed and BSNL
will not pay any damage to the company or firm or the concerned person.
33.2 The Company or firm or the person will also be debarred for further participation in the
concerned unit.
33.3 The near relatives for this purpose are defined as:-
(a) Members of a Hindu undivided family.
(b) They are husband and wife.
(c) The one is related to the other in the manner as father, mother, son(s) & Son's
wife (daughter in law), Daughter(s) and daughter's husband (son in law),
brother(s) and brother's wife, sister(s) and sister's husband (brother in law).
33.4 The format of the certificate is given in Section 6 (B).
34. VERIFICATION OF DOCUMENTS AND CERTIFICATES
34.1 The bidder will ensure that all the documents and certificates, including experience/
performance and self certificates submitted by him are correct and genuine before
enclosing them in the bid. The onus of proving genuineness of the submitted documents
would rest with the bidder.
34.2 If any document/ paper/ certificate submitted by the participant bidder is found /
discovered to be false / fabricated / tempered / manipulated either during bid evaluation
or during award of contract or thereafter, then the Purchaser will take action as per
Clause-1 of Appendix-1 of this section.
35. Security Clause as per latest guidelines and requirement
35.1 Mandatory Licensing requirements with regards to security related concerns issued by the
Government of India from time-to-time shall be strictly followed and appropriate clauses
shall be added in all bid documents. Necessary guidelines in this regard shall be issued
separately.
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Appendix-1 to Section 4 Part A
S. No.
Defaults of the bidder / vendor. Action to be taken
A B C
1(a) Submitting fake / forged
i) Rejection of tender bid of respective Vendor. ii) Banning of business for 3 years which implies barring further dealing with the vendor for procurement of Goods & Services including participation in future tenders invited by BSNL for 3 years from date of issue of banning order.
iii) Termination/ Short Closure of PO/WO, if issued. This implies non-acceptance of further supplies / work & services except to make the already received material work/ complete work in hand.
a) Bank Instruments with the bid to meet terms & condition of tender in
respect of tender fee and/ or EMD;
b) Certificate for claiming exemption in respect of tender fee and/ or EMD;
and detection of default at any stage from receipt of bids till award of APO/ issue of PO/WO.
Note 1:- However, in this case the performance guarantee if alright shall not be forfeited.
Note 2:- Payment for already received supplies/ completed work shall be made as per terms & conditions of PO/ WO.
1(b) Submitting fake / forged documents towards meeting eligibility criteria such as experience capability, supply proof, registration with Sales Tax, Income Tax departments etc and as supporting documents towards other terms &
conditions with the bid to meet terms & condition of tender :
(i) If detection of default is prior to award of APO
i) Rejection of Bid & ii) Forfeiture of EMD.
(ii) If detection of default after issue of APO but before receipt of PG/ SD (DD,BG etc.)
i) Cancellation of APO , ii) Rejection of Bid & iii) Forfeiture of EMD.
1(b) contd.
(iii) If detection of default after receipt of PG/ SD (DD,BG etc.) .
i) Cancellation of APO ii) Rejection of Bid & iii) Forfeiture of PG/ SD. However on realization of PG/ SD amount, EMD, if not already released shall be returned.
(iv) If detection of default after issue of PO/ WO
i) Termination/ Short Closure of PO/WO and Cancellation of APO ii) Rejection of Bid & iii) Forfeiture of PG/ SD. However on realization of PG/ SD amount, EMD, if not
released shall be returned.
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Note 3:- However, settle bills for the material received in correct quantity and quality if pending items do not affect working or use of supplied items.
Note 4:- No further supplies are to be accepted except that required to make the already supplied items work.
2 If vendor or his representative uses violent/ coercive means viz. Physical /
Verbal means to threatens BSNL Executive / employees and/ or obstruct him from functioning in discharge of his duties & responsibilities for the following :
Banning of business for 3 years which implies Barring further dealing with the vendor for procurement of Goods & Services including participation in future
tenders invited by BSNL for 3 years from date of issue of banning order.
a) Obstructing functioning of tender
opening executives of BSNL in receipt/ opening of tender bids from prospective
Bidders, suppliers/ Contractors.
b) Obstructing/ Threatening other prospective bidders i.e. suppliers/ Contractors from entering the tender venue and/ or submitting their tender bid
freely.
3 Non-receipt of acceptance of APO/ AWO and SD/ PG by L-1 bidder within time period specified in APO/ AWO.
Forfeiture of EMD.
4.1 Failure to supply and/ or Commission the equipment and /or execution of the work at all even in extended delivery
schedules, if granted against PO/ WO.
i) Termination of PO/ WO. ii) Under take purchase/ work at the risk & cost of defaulting vendor.
iii) Recover the excess charges if incurred from the PG/ SD and outstanding bills of the defaulting Vendor.
4.2 Failure to supply and/ or Commission the equipment and /or execution of the Work in full even in extended delivery schedules, if granted against PO/ WO.
i) Short Closure of PO/ WO to the quantity already received by and/ or commissioned in BSNL and/ or in pipeline provided the same is usable and/or the Vendor promises to make it usable. ii) Under take purchase/ work for balance quantity
at the risk & cost of defaulting vendor. iii) Recover the excess charges if incurred from the PG/ SD and outstanding bills of the defaulting Vendor.
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5.1 The supplied equipment does not perform satisfactory in the field in accordance with
the specifications mentioned in the PO/
WO/Contract.
i) If the material is not at all acceptable, then return the non-acceptable material (or its part) & recover its
cost, if paid, from the o/s bills/ PG/ SD.
OR ii) If the material is inducted in network & it is not possible to return it and/ or material is acceptable with degraded performance, the purchaser may determine the price for degraded equipment (Financial penalty = Price – price determined for
degraded equipment) himself and/ or through a committee. Undertake recovery of financial penalty from outstanding dues of vendor including PG/ SD.
5.2 Major quality problems (as established by a joint team / committee of User unit(s)
and QA Circle) / performance problems
and non-rectification of defects (based on reports of field units and QA circle).
i) If the material is not at all acceptable, then return the non-acceptable material (or its part) & recover its
cost, if paid, from the o/s bills/ PG/ SD;
OR ii) If the material is inducted in network & it is not possible to return it and/ or material is acceptable with degraded performance, the purchaser may determine the price for degraded equipment (Financial penalty = Price – price determined for
degraded equipment) himself and/ or through a committee. Undertake recovery of financial penalty from outstanding dues of vendor including PG/ SD; and iii) Withdrawal of TSEC/ IA issued by QA Circle.
6
Submission of claims to BSNL against a
contract
i) Recovery of over payment from the outstanding
dues of Vendor including EMD/ PG & SD etc. and by invoking „Set off‟ clause 21 of Section 5 Part A or by any other legal tenable manner. ii) Banning of Business for 3 years from date of issue of banning order or till the date of recovery of over payment in full, whichever is later.
(a) for amount already paid by BSNL .
(b) for Quantity in excess of that supplied by Vendor to BSNL.
c) for unit rate and/ or amount higher
than that approved by BSNL for that purchase.
Note 5:- The claims may be submitted with or without collusion of BSNL Executive/ employees.
Note 6:- This penalty shall be imposed irrespective of the fact that payment is disbursed by BSNL
or not.
7
Network Security/ Safety/ Privacy:- If the vendor tampers with the hardware, software/ firmware or in any other way that
i) Termination of PO/ WO. ii) Banning of business for 3 years which implies barring further dealing with the vendor for procurement of Goods & Services including
participation in future tenders invited by BSNL for 3 years from date of issue of banning order. iii) Recovery of any loss incurred on this account from the Vendor from its PG/ SD/ O/s bills etc. iv) Legal action shall be initiated by BSNL against the Vendor if required.
a) Adversely affects the normal working of BSNL equipment(s) and/ or any other TSP through BSNL.
b) Disrupts/ Sabotages functioning of the BSNL network equipments such as exchanges,
BTS, BSC/ MSC, Control equipment including IN etc., transmission equipments but not limited to these elements and/ or
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any other TSP through BSNL. c) tampers with the billing related data/
invoicing/ account of the Customer/ User(s)
of BSNL and/ or any other TSP(s). d) hacks the account of BSNL Customer for
unauthorized use i.e. to threaten others/ spread improper news etc.
e) Undertakes any action that affects/ endangers the security of India.
8 If the vendor is declared bankrupt or insolvent or its financial position has become unsound and in case of a limited company, if it is wound up or it is liquidated.
i) Termination/ Short Closure of the PO/ WO. ii) Settle bills for the quantity received in correct quantity and quality if pending items do not affect working or use of supplied items. iii) No further supplies are to be accepted except that required to make the already
supplied items work. iv) In case of turnkey projects, If the material is commissioned and is usable without any degradation of performance, then settle bills for
the acceptable equipment/ material (or its part). v) In case of turnkey projects, if the material
is inducted in network & it is not possible to return it and/ or material is acceptable with degraded performance, the purchaser may determine the price for degraded equipment (Financial penalty = Price – price determined for degraded equipment) himself and/ or
through a committee. Undertake recovery of financial penalty from outstanding dues of vendor including PG/ SD.
9 In the event of the vendor, its proprietor, Director(s), partner(s) is / are convicted by a Court of Law following prosecution for offences involving moral turpitude in relation to the business dealings.
i) Termination/ Short Closure of the PO/ WO. ii) Settle bills for the material received in correct quantity and quality if pending items do not affect working or use of supplied items. iii) No further supplies are to be accepted except that required to make the already
supplied items work. iv) In case of turnkey projects, If the material is commissioned and is usable without any degradation of performance, then settle bills for the acceptable equipment/ material (or its part). v) In case of turnkey projects, If the material
is inducted in network & it is not possible to return it and/ or material is acceptable with degraded performance, the purchaser may determine the price for degraded equipment (Financial penalty = Price – price determined for degraded equipment) himself and/ or
through a committee. Undertake recovery of financial penalty from outstanding dues of vendor including PG/ SD.
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10
If the vendor does not return/ refuses to return BSNL‟s dues:
i) Take action to appoint Arbitrator to adjudicate the dispute.
a) inspite of order of Arbitrator. i) Termination of contract, if any. ii) Banning of business for 3 years which implies barring further dealing with the vendor for procurement of Goods & Services including participation in future tenders invited by BSNL
from date of issue of banning order or till the date by which vendor clears the BSNL‟s dues, whichever is later. iii) Take legal recourse i.e. filing recovery suite in appropriate court.
b) inspite of Court Orders. i) Termination of contract, if any. ii) Banning of business for 3 years which
implies barring further dealing with the vendor for procurement of Goods & Services including
participation in future tenders invited by BSNL from date of issue of banning order or till the date by which vendor clears the BSNL‟s dues, whichever is later.
11 If the Central Bureau of Investigation/ Independent External Monitor (IEM) / Income Tax/ Sales Tax/ Excise / Custom Departments recommends such a course
Take Action as per the directions of CBI or concerned department.
12 The following cases may also be considered for Banning of business:
i) Banning of business for 3 years which
implies Barring further dealing with the vendor for procurement of Goods & Services including participation in future tenders invited by BSNL for 3 years from date of issue of banning order.
(a) If there is strong justification for believing that the proprietor, manager, MD, Director, partner, employee or representative of the vendor/ supplier has been guilty of malpractices
such as bribery, corruption, fraud, substitution of tenders, interpolation, misrepresentation with respect to the contract in question.
(b) If the vendor/ supplier fails to execute a contract or fails to execute it satisfactorily
beyond the provisions of Para 4.1 & 4.2.
(c) If the vendor/ supplier fails to submit required documents/ information, where required.
(d) Any other ground which in the opinion of BSNL is just and proper to order for banning of business dealing with a vendor/ supplier.
Note 7: The above penalties shall be imposed provided it does not clash with the provision of the
respective tender.
Note 8:-In case of clash between these guidelines & provision of invited tender, the provision in the respective tender shall prevail over these guidelines.
Note 9: Banning of Business dealing order shall not have any effect on the existing/ ongoing works/ AMC
/ CAMC which shall continue along with settlement of Bills.
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SECTION 4 PART B
SPECIAL INSTRUCTIONS TO BIDDERS
The Special Instructions to Bidders shall supplement the 'Instructions to Bidders' and in case of
any conflict with those in Section-4 Part A i.e. GENERAL INSTRUCTIONS TO BIDDERS (GIB),
the provisions herein shall prevail.
1. Eligibility Conditions: As per Para 5 of DNIT.
2. Bid Security
2.1 The bank guarantee/DD for bid security or Micro & Small Enterprise (MSE) registration
certificate for claiming exemption from submission of bid security, as prescribed in clauses
12.1 & 12.2 of Section-4 A of the bid document should be submitted by the bidder in a
separate cover. The bank guarantee/DD so submitted shall be as per the format given in
Section-7 E on prescribed judicial paper with stamps of proper value and should contain
full address of the issuing branch of the bank with its telephone number and FAX
number.
3. Scope of Work & Application scope:
3.1 Scope of work as per functional & technical requirements detailed in Section 3.
4. Evaluation process:
4.1 Bidder shall be selected as per quality cum Cost Based Selection (QCBS) criteria where
Technical Bid Score shall get a weightage of 70 and Commercial Bid Score a weightage of
30.
4.2 The evaluation process of the Bid consists of three parts:
i. The Check of Eligilbity criterion (Preliminary Qualification)
ii. Techno-commercial Evaluation of the Bid; followed by
iii. The Financial Evaluation of the Bid.
4.3 Techno-Commercial Bid Evaluation:
i. Bids submitted by all the bidders shall be evaluated for eligibility as per the Eligibility
criteria as mentioned at clause 1 above & parameters detailed in clauses detailed below.
Bids not complying with the eligibility criteria not be considered for further evaluation.
ii. BSNL may seek specific clarifications from the Bidder(s) during the techno-commercial
evaluation stage. All the clarifications received within the stipulated time shall be
considered for evaluation and shall form part of the proposal.
iii. Successful bids out of this stage shall be considered for the techno-commercial evaluation.
4.4 Evaluation of Bidder Credentials:
i. The Bidder credentials shall be evaluated for determining the credentials of the Bidder as
an organization and also the ability to deliver the required services as envisaged in this
Tender.
ii. The technical bid shall be analyzed and evaluated, based on which the Relative Technical
Score (RTS) shall be assigned to each bid.
iii. Relative Technical Score (RS Tech) for each Bidder shall be calculated as follows:
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RS Tech = T / T high * 100 Where, RS Tech = Relative score obtained by the bidder T =
Technical score obtained by bidder, T high = Highest Technical score secured among the
bidders.
iv. Technical Bids receiving a RTS greater than or equal to a score of cut-off marks of 70,
shall be eligible for consideration in the subsequent round of finance bid evaluation.
v. If less than 3 bidders qualify as per above criteria, BSNL reserves the right to short list top
3 bidders for opening of financial bids.
4.5 Evaluation of financial Bids:
i. The financial Bids of the Bidders, who are found technically qualified in previous phase,
shall be opened for financial evaluation.
ii. The financial bids of the Bidders shall be evaluated based on the cumulative net cost to
BSNL per SoR item for period of 5 years.
iii. Relative financial Score (RSCom) for each Bidder shall be calculated as follows:
RS Com = C Low / C * 100 Where, RS Com = Relative score for financial Bid of the Bidder C
= Financial bid value of the bidder, C Low = Lowest Financial bid value out of all the
financial bids opened
4.6 Final Selection of the Bidder:
i. Total Relative Score (RS) obtained by each Bidder shall be calculated as follows:
RS = RS Tech * 0.7 + RS Com * 0.3
ii. The bidder with maximum Relative Score (RS) thus obtained shall be declared as
successful bidder for awarding work.
4.7 Eligibility Conditions Compliance Evaluation
4.7.1 As per documentary evidence/certificates submitted by the bidder complying to eligibility
criterion defined in the Section-1 of tender document.
4.7.2 Bidder Credentials Criterion:
i. Financial Strength of the Bidder:
Evaluation Criteria Maxim
um Score
Detailed Point System Supporting Documents
Eli
gib
ilit
y
Crit
eria
Cumulative Annual Revenue of the Bidder for the last three (3) audited financial years (2012-2013, 2013-2014, 2014-2015)
5
INR 75 Crore
Greater than INR 75 Crore and up to INR 200 Crore
>INR 200 Crore
Audited and published financial reports of the firm for each of the three financial years signed by authorized signatory
Percentage of Maximum scores eligible for each slab
(60% of maximum score)
(80% of maximum score)
(100% of maximum score)
4.7.3 Organizational Strength of the Bidder
Evaluation Criteria Maxim
um Score
Detailed Point System Supporting Documents
Elig
ibi
lity
Crit
eri
a
The number of years the Bidder‟s company been in existence 5 5 years
Greater than 5 years and up to 10 years
>15 years
Certificate of Incorporation signed by the authorized signatory
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Evaluation Criteria Maxim
um Score
Detailed Point System Supporting Documents
Percentage of Maximum scores eligible for each slab
(60% of maximum score)
(80% of maximum score)
(100% of maximum score)
4.7.4 Deployment Leadership of the Bidder (or Consortium Partner in case of consortium bid)
Evaluation Criteria
Maximum
Score Detailed Point System Supporting Documents
Elig
ibil
ity C
rit
eria
Deployment that support at least 50 million subscribers globally across wire line
/ wireless telecom
networks. 5
50 million subscribers
Greater than 50 and up to 100 million subscribers
>100 million Client certification(s) in the
prescribed format attached as Section 10 Annexure 1-A to the tender document
Percentage of Maximum scores eligible for each slab
(60% of maximum score)
(80% of maximum score)
(100% of maximum score)
Pro
du
ct
Eli
gib
ilit
y C
rit
eria
Number of Telecom operators where the bidder was responsible
for the implementation of the proposed system (Subscriber Acquisition management system
and / or Subscriber Communication management system). (Only active deployments shall be considered)
5
2 Telecom Operators
Greater than 2 and up to 5 Telecom Operators
>5 Telecom Operators
List of all telecom operators in the prescribed format attached as Section
10 Annexure II-A with contact details signed by the authorized signatory
Percentage of Maximum scores eligible for each slab
(60% of maximum score)
(80% of maximum score)
(100% of maximum score)
4.7.5 Subscriber On-boarding software OEM capabilities:
ro
du
ct
eli
gib
ilit
y
crit
eria
What is the maximum
number of subscribers on-boarded per day by a single active installation of
the offered Subscriber
5 100000subscribers
Greater
than 100000 and up
200000 to
> 200000 subscrib
ers
List of all telecom
operators in the prescribed format attached as Section 10
Annexure II-C with
Evaluation Criteria Maximu
m Score
Detailed Point System Supporting Documents
Pro
du
ct
Eli
gib
ilit
y
Crit
eria
Number of Telecom
operators worldwide
where the ISV‟s quoted
Subscriber Acquisition
management system
solution (generic, any
version) is in active
production deployment
5
2 Telecom Operators
Greater than 2 and up to 5 Telecom Operators
>5
Telecom Operators
List of all telecom
operators in the prescribed format attached as Section 10
Annexure II-B with contact details signed by the authorized signatory
Percentage of Maximum scores eligible for each slab
(60% of maximum score)
(80% of maximum score)
(100% of maximum score)
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Acquisition management
system in a telecommunication service provider environment
subscribers
contact details signed by
the authorized signatory
Percentage of Maximum scores eligible for each slab
(60% of
maximu
m score)
(80% of
maximum
score)
(100% of
maximum
score)
Pro
du
ct
Eli
gib
ilit
y C
rit
eria
What is the maximum
number of users
supported by a single
active installation of the
offered Subscriber
Acquisition management
system in a
telecommunication
service provider
environment
5 5000 users
Greater than 5000 and up to 10000 users
> 10000 users
List of all telecom operators in the prescribed format attached as Section 10 Annexure II-D with contact details signed by the authorized signatory
Percentage of Maximum scores eligible for each slab
(50% of maximum
score)
(75% of maximum score)
(100% of maximum score)
4.7.6 subscriber communication management software OEM capabilities:
Evaluation Criteria Maximum Score
Detailed Point System Supporting Documents
Pro
du
ct
elig
ibil
ity c
rit
eria
Number of Telecom operators
worldwide where the ISV‟s subscriber communication management system is in active production deployment serving the billing
5
One to 5 Telecom Operators
Greater than 5 and up to 10 operators
> 10 operators
List of all telecom operators in the prescribed format attached as Section 10 Annexure II-E with
contact details signed by the authorized signatory
Percentage of Maximum scores eligible for each slab (60%
of maximum score)
(80% of maximum score)
(100% of maximum score)
Pro
du
ct
elig
ibil
ity c
rit
eria
What is the maximum number of statements (e-Bills / Print) sent per month by a single active installation of the offered
Subscriber Communication management system in a telecommunication service provider environment 5
5 Million statements
Greater than 5 Million and up to 15 Million statements
> 15 Million Statements
List of all telecom operators in the prescribed format attached as Section 10 Annexure II-F with contact details signed by the authorized signatory
Percentage of Maximum
scores eligible for each slab
(60% of maximum
score)
(80% of maximum score)
(100% of maximum score)
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Evaluation Criteria Maximum Score
Detailed Point System Supporting Documents P
ro
du
ct
Eli
gib
ilit
y C
rit
eria
What is the Maximum
number of inbound /
outbound communications
per month sent per month
by a single active
installation of the offered
Subscriber Communication
management system in a
telecommunication service
provider environment 5
5 Million
Greater than 5 Million and up to 15
Million
> 15 Million
List of all telecom
operators in the prescribed format attached as Section
10 Annexure II-G with contact details signed by the authorized signatory
Percentage of Maximum
scores eligible for each
slab (60% of maximum score)
(80% of maximum score)
(100% of maximum score)
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SECTION 4 PART C
SPECIAL INSTRUCTIONS TO BIDDERS FOR e-TENDERING
1. GENERAL:
The Special Instructions (for e-Tendering) supplement „Instruction to Bidders‟, as given in
these Tender Documents. Submission of Online Bids is mandatory for this Tender.
1.1 E-Tendering is a new methodology for conducting Public Procurement in a secured
manner. Suppliers/ Vendors shall be the biggest beneficiaries of this new system of
procurement. For conducting electronic tendering, BSNL has decided to use the portal
(https://www.tcil-india-electronictender.com) of M/s TCIL, a Government of India
Undertaking.
1.2 Benefits to Suppliers are outlined on the Home-page of the portal.
2. Instructions
2.1 Tender Bidding Methodology: – „Single Stage Bidding, Two stage opening using – Two
Electronic Envelopes‟.
3. Broad outline of activities from Bidders‟ prospective:
i. Procure a Digital Signing Certificate (DSC)
ii. Register on Electronic Tendering System® (ETS)
iii. Create Users and assign roles on ETS
iv. View Notice Inviting Tender (NIT) on ETS
v. Submit Tender fee and NDA offline to BSNL
vi. Download Official Copy of Tender Documents from ETS
vii. Attend training on e-tendering to be arranged by BSNL(optional)
viii. Clarification to Tender Documents on ETS
ix. Query to BSNL (Optional)
x. View response to queries/clarifications posted by BSNL as addenda
xi. Bid-Submission on ETS
xii. Attend Public Online Tender Opening Event (TOE) on ETS
xiii. Opening of Technical-Part
xiv. View Post-TOE Clarification posted by BSNL on ETS
xv. Respond to BSNL‟s Post-TOE queries
xvi. Attend Public Online Tender Opening Event (TOE) on ETS
xvii. Opening of Financial-Part (Only for Technical Responsive Bidders)
4. Other Instructions
4.1 For participating in this Tender online, the following instructions are to be read carefully.
These instructions are supplemented with more detailed guidelines on the relevant
screens of the ETS.
5. Digital Certificates
5.1 For integrity of data and authenticity/ non-repudiation of electronic records, and to be
complaint with IT Act 2000, it is necessary for each user to have a Digital Certificate (DC)
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also referred to as Digital Signature Certificate (DSC), of Class 2 or above, issued by a
Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer
http://www.cca.gov.in].
6. Registration
6.1 To use the Electronic Tender® portal (https://www.tcil-india-electronictender.com)
vendors need to register on the portal. Registration of each organization is to be done by
one of its senior persons who shall be the main person coordinating for the e-tendering
activities. In ETS terminology, this person shall be referred to as the Super User (SU) of
that organization. For further details, please visit the website/portal, and click on the
„Supplier Organization‟ link under „Registration‟ (on the Home Page), and follow further
instructions as given on the web site. Pay Annual Registration Fee as applicable.
[Note: After successful submission of Registration details and Annual Registration Fee (Rs
6000/- plus service tax as applicable, payable etc TCIL), please contact TCIL Helpdesk (as
given below), to get your registration accepted/activated].
TCIL Helpdesk
Telephone (011) 26202699 (Multiple Lines)
[between 9:30 hrs to 18:00 hrs on working days]
Emergency Mobile Nos. 98683 93717 / 98683 93775 / 98683 93792
E-mail ID [email protected]
7. Some Bidding related Information for this Tender (Sealed Bid)
(a) Procurement of Official Copy of Tender Document/ addendum
After the process of registration on ETS portal, , those Bidders who have already
procured Tender document offline from MM Cell, BSNL C.O, New Delhi or have
downloaded it from BSNL website, shall download the official copy of the same Tender
Document/ addendum online from the e-tendering portal.
(b) Online Submission of Bids
The entire bid-submission shall be online on ETS. Broad outline of submissions are
as follows:
i. Submission of information about Bid Security/ Earnest Money Deposit (EMD) being
submitted „offline‟ on or before the date & time of submission of bids.
ii. Submission of digitally signed copy of Tender Documents/ Addenda
(c) Submission of Two Electronic Envelopes
i. Technical-Part
a. Electronic Forms-Mandatory
b. Main-Bid-Mandatory
c. Bid-Annexures (Optional)
ii. Financial-Part
a. Electronic Forms-Mandatory
b. Main-Bid-Mandatory
c. Bid-Annexures (Optional)
d. (Financial price schedule shall be uploaded as Main Bid in this part and it
shall not be uploaded again in the Bid annexures. If a bidder does so then
price schedule as per „Main Bid‟ only, shall be taken into consideration
during financial evaluation.
NOTE: Bidder must ensure that after above submissions & all other functional steps of the
ETS portal the status of bid submission must become – “Complete”. It shall be noted that
only when „Status pertaining overall bid submission‟ becomes „Complete‟ then only the bid
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of a bidder appears in the Electronic Tender Box on ETS portal and can be opened by
tender opening committee of BSNL. Even if a bidder submits some parts (as per ETS
portal) of the online bid are submitted these shall not be transferred to Electronic tender
Box until all the steps are completed and „Status pertaining overall bid submission‟
becomes „Complete‟. After status pertaining „Status pertaining overall bid submission‟
becomes „Complete‟ may generate a receipt for „Confirmation of final bid submission‟ on
ETS portal.
Bidders shall refer to User Manual for SO (Supplier Organization) in USER GUIDANCE link
of ETS portal and follow all Do‟s and Don‟ts and other essential settings & guidelines.
Bidders must ensure that all documents uploaded on e-tender portal as files or zipped
folders, contain valid files and are not corrupt or damaged due to any processing at bidder
PC system like zipping etc. It shall be the responsibility of bidder himself for proper
extractability of uploaded zipped files. Any error/ virus creeping into files/folder from client
end PC system cannot be monitored by e-tender software/ server and shall be bidder‟s
responsibility only.
In case the files are non-extractable or illegible otherwise, then the bidder‟s authorized
representative shall be given one chance by Tender Opening Committee to open &
demonstrate the contents of bid data downloaded from the e-tender portal in his
presence.
If, even after above chance, the bidder is unable to open & demonstrate the contents of
bid data downloaded from the e-tender portal in his presence then no fresh bid in any
form, soft or hard copies, shall be accepted by tendering authority and his bid shall be
summarily rejected and treated as non-responsive.
8. Offline Submissions:
8.1 The Bidder is requested to submit the following original documents offline to DM (MMT),
BSNL Corporate Office, 2nd Floor, Bharat Sanchar Bhawan, Janpath, New Delhi – 110001
on or before the Bid Closing Date specified in covering letter of this Tender Document, in a
sealed envelope. The envelope shall bear (the Tender/Project name), the tender number
and the words „DO NOT OPEN BEFORE‟ (due date & time).
(a) Bid Security.
(b) Tender Fee
(c) Power of attorney in accordance with clause 14 of Section-4 Part A.
[Note: The Bidder has to upload the Scanned copy of all above said original
documents as Bid-Annexure during Online Bid-Submission].
(d) Pass-phrases for technical & financial bid parts in separate sealed envelopes.
9. Special Note on Security of Bids
9.1 Security related functionality has been rigorously implemented in ETS in a multi-
dimensional manner. Starting with 'Acceptance of Registration by the Service Provider',
provision for security has been made at various stages in Electronic Tender's software.
Specifically for Bid Submission, some security related aspects are outlined below.
9.2 As part of the Electronic Encrypter™ functionality, the contents of both the „Electronic
Forms‟ and the „Main-Bid‟ are securely encrypted using a Pass-Phrase created by the
Bidder himself. Unlike a „password‟, a Pass-Phrase can be a multi-word sentence with
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spaces between words (eg I love this World). A Pass-Phrase is easier to remember, and
more difficult to break. It is recommended that a separate Pass-Phrase be created for
each Bid-Part. This method of bid-encryption does not have the security and data-integrity
related vulnerabilities which are inherent in e-tendering systems which use Public-Key of
the specified officer of a Buyer organization for bid-encryption. Bid-encryption in ETS is
such that the Bids cannot be decrypted before the Public Online Tender Opening Event
(TOE), even if there is connivance between the concerned tender-opening officers of the
Buyer organization and the personnel of e-tendering service provider.
9.3 Typically, „Pass-Phrase‟ of the Bid-Part to be opened during a particular Public Online
Tender Opening Event (TOE) is furnished online by each Bidder during the TOE itself,
when demanded by the concerned Tender Opening Officer.
9.4 It is important for the bidder to keep a safe record of his Pass-phrases. It is the
RESPONSIBILITY of the bidder to provide the CORRECT PASS-PHRASE for decrypting his
bid part. In case the bidder is unable to provide the correct pass-phrase during the TOE, it
shall not be possible to open his bid and as his bid shall be REJECTED (i.e. Archived Un-
opened). Before rejection in such a situation, the bidder shall be given opportunity to
himself enter the pass-phrase from his own office or from BSNL‟s office if his
representative is physically present there.
9.5 There is an additional protection with SSL Encryption during transit from the client-end
computer of a Supplier organization to the e-tendering server/ portal.
10. Public Online Tender Opening Event (TOE)
10.1 ETS offers a unique facility for „Public Online Tender Opening Event (TOE)‟. 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. Alternatively, duly
authorized representatives of Bidders (i.e. Supplier organization) are requested to carry a
Laptop with Wireless Internet Connectivity, if they wish to come to BSNL office for the
Public Online TOE.
10.2 Every legal requirement for a transparent and secure „Public Online Tender Opening Event
(TOE)‟ has been implemented on ETS.
10.3 As soon as a Bid is decrypted with the corresponding „Pass-Phrase‟ as submitted online by
the Bidder himself (during the TOE itself), salient points of the Bids are simultaneously
made available for downloading by all prospective Bidders. The tedium of taking notes
during a manual „Tender Opening Event‟ is therefore replaced with this superior and
convenient form of „Public Online Tender Opening Event (TOE)‟.
10.4 ETS has a unique facility of „Online Comparison Chart‟ which is dynamically updated as
each online bid is opened. The format of the chart is based on inputs provided by the
Buyer for each Tender. The information in the Comparison Chart is based on the data
submitted by the Bidders. A detailed Technical and/ or Financial Comparison Chart
enhances Transparency. Detailed instructions are given on relevant screens.
10.5 ETS has a unique facility of a detailed report titled „Minutes of Online Tender Opening
Event (TOE)‟ covering all important activities of „Online Tender Opening Event (TOE)‟. This
is available to all prospective Bidders for „Viewing/ Downloading‟.
10.6 There are many more facilities and features on ETS. For a particular tender, the screens
viewed by a Supplier shall depend upon the options selected/programmed by the
Purchaser for the relevant tender.
IMPORTANT NOTE: In case of internet related problem at a bidder‟s end, especially
during „critical events‟ such as – a short period before bid-submission deadline, during
online public tender opening event, during e-auction, it is the bidder‟s responsibility to
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have backup internet connections. In case there is a problem at the e-procurement/ e-
auction service-provider‟s end (in the server, leased line, etc) due to which all the bidders
face a problem during critical events, and this is brought to the notice of BSNL by the
bidders in time, then BSNL shall promptly re-schedule the affected event(s).
11. Other Instructions
11.1 For further instructions, the vendor shall visit the home-page of the portal
(https://www.tcil-india-electronictender.com) and go to the User-Guidance Center
11.2 The help information provided through „ETS User-Guidance Center‟ is available in three
categories – Users intending to Register / First-Time Users, Logged-in users of Buyer
organizations, and Logged-in users of Supplier organizations. Various links are provided
under each of the three categories.
11.3 It is strongly recommended that all authorized users of Supplier organizations shall
thoroughly peruse the information provided under the relevant links, and take appropriate
action. This shall prevent hiccups, and minimize teething problems during the use of ETS.
11.4 The following „FOUR KEY INSTRUCTIONS for BIDDERS‟ must be assiduously adhered to:
(a) Obtain individual Digital Signing Certificate (DSC or DC) well in advance of your first
tender submission deadline on ETS
(b) Register your organization on ETS well in advance of your first tender submission deadline
on ETS.
(c) Get your organization‟s concerned executives trained on ETS well in advance of your first
tender submission deadline on ETS
(d) Submit your Bids well in advance of tender submission deadline on ETS (There could be
last minute problems due to internet timeout, breakdown, et al).
(e) While the first three instructions mentioned above are especially relevant to first-time
users of ETS, the fourth instruction is relevant at all times.
12. Minimum Requirements at Bidders end
i. Computer System with good configuration (Min PIV, 1 GB RAM, Windows XP)
ii. Broadband connectivity
iii. Microsoft Internet Explorer 6.0 or above
iv. Digital Certificate(s)
13. Training Program
13.1 One day training (10:00 to 17:00) shall be provided as per the following table. Training is
optional but is advisable for first time users .
13.2 The prospective Bidders are requested to carry a Laptop and Wireless Connectivity to
Internet.
Scheduled Date Date of uploading of Tender document + 7 days
Venue BSNL Corporate Office,
Bharat Sanchar Bhawan,
Janpath, New Delhi – 110001
Training Charges
(Per Participant)
Rs. 2,500/-
(plus Service Tax as applicable)
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SECTION-5 PART A
GENERAL (COMMERCIAL) CONDITIONS OF CONTRACT
1. APPLICATION
The general condition shall apply in contracts made by the purchaser for the procurement of
goods.
2. STANDARDS
The goods/services supplied under this contract shall conform to the standards prescribed in
the Technical Specifications mentioned in Section-3.
3. PATENT RIGHTS
The supplier shall indemnify the purchaser against all third-party claims of infringement of
patent, trademark or industrial design rights arising from use of the goods or any part
thereof in Indian Telecom Network.
4. PERFORMANCE SECURITY (Performance Bank Guarantee PBG)
4.1 Successful bidder shall furnish performance security to BSNL for an amount equal to INR 5
Crore within 14 days from the date of issue of Advance Work Order by the Purchaser. The
validity of the Initial Performance Bank Guarantee shall be 6 years. Bidder shall renew the
Performance Bank Guarantee for every year till the contract.
4.2 The proceeds of the performance security shall be payable to the Purchaser as
compensation for any loss resulting from the supplier‟s failure to complete its obligations
under the contract.
4.3 The performance security Bond shall be in the form of Bank Guarantee issued by a scheduled
Bank and in the form provided in „Section-7 (B)‟ of this Bid Document.
4.4 The performance security Bond shall be discharged by the Purchaser after completion of
the supplier‟s performance obligations as per terms & conditions of the tender.
5. INSPECTION AND TESTS
5.1 The Purchaser or its representative shall have the right to inspect and test the goods and
services as per prescribed test schedules for their conformity to the specifications.
5.2 Detailed functional testing and acceptance criterion is in Section 5-B of the tender
document.
6. DELIVERY of SERVICES AND DOCUMENTS
6.1 Delivery of the services and documents shall be made by the Bidder in accordance with
the terms specified by the purchaser in its schedule of requirements and special
conditions of contracts.
6.2 The delivery of the goods services and documents for various phases shall be completed
as per the timelines defined in Section -3 of the tender document.
6.3 The extension of delivery period against the purchase order, if any, shall be granted
subject to the condition that BSNL shall have the absolute right to revise the price(s) and
also to levy penalty for the delayed supplies.
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7. INCIDENTAL SERVICES
Intentionally left Blank
8. PAYMENT TERMS
8.1 Payment of specified percentage of the price as stated in clause 6 of Section -2 (Tender
Information) shall be made on delivery of services by the bidder. For claiming this payment
the following documents are to be submitted to the paying authority.
(a) Invoice clearly indicating break up details of composite price i.e. Basic, E.D., Sales Tax, any
other Duties and Taxes, Freight/Packing Charges, Service Tax etc.
(b) Excise gate pass / invoice or equivalent document, if applicable.
Note :- If the supplier fails to furnish necessary supporting documents i.e. excise/Customs
invoices etc. in respect of the Duties/taxes which are CENVAT-able, the amount pertaining to
such Duties/Taxes shall be deducted from the payment due to the firm.
8.2 In those cases where supply of the equipments shortages/damages are intimated to
the supplier in writing, the appropriate payment shall be released only after the
cases are settled in accordance with the provision of the P.O.
8.3 Form C and also a certificate stating that the tendered item (stores) are meant for the
use of BSNL shall be provided by the purchaser on the request of the bidder as and
when asked for.
(ii) No payment shall be made for goods rejected at the site on testing.
8.4 The bidder has to give the mandate for receiving the payment costing Rs.5 lacs and above
electronically and the charges, if any, levied by bank has to be borne by the
bidder/contractor/supplier. The bidder company are required to give the following
information for this purpose :–
(i) Beneficiary Bank Name:
(ii) Beneficiary Branch Name:
(iii) IFSC Code of beneficiary Branch: (iv) Beneficiary account
No.
(v) Branch Serial No. (MICR No.) :
9. PRICES
9.1 Fee quoted for the services performed under the contract shall not be higher than the
fee quoted by the bidder in his bid.
9.2 Fee shall be as per the submitted bid form fixed at the time of issue of work order as per
taxes and statutory duties applicable as per the tender.
a. In case of reduction of taxes and other statutory duties during the contract period,
purchaser shall take the benefit of decrease in these taxes/duties for the services
performed from the date of enactment of revised duties/taxes.
b. In case of increase in duties/taxes during the contract period, the purchaser shall revise
the prices as per new duties/taxes for the services performed during the remaining
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contract period as per terms and conditions of the work order.
9.3 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.
9.4 Application of taxes and the tax payment responsibilities of both parties shall be based on
the Agreement signed with the successful bidder.
10. CHANGES IN PURCHASE ORDERS
10.1 The purchaser may, at any time, by a written order given to a supplier, make changes
within the general scope of the contract in any one or more of the following:
(a) drawings, designs or specifications, where Goods to be supplied under the contract are
to be specifically manufactured for the Purchaser;
(b) the method of transportation or packing;
(c) the place of delivery; or
(d) the services to be provided by the supplier.
10.2 If any such change causes an increase or decrease in the cost of, or the time required
for the execution of the contract an equitable adjustment shall be made in the contract
price or delivery schedule, or both, and the contract shall accordingly be amended. Any
proposal by the supplier for adjustment under this clause must be made within thirty
days from the date of the receipt of the change in order.
11. SUBCONTRACTS
11.1 The Supplier shall notify the Purchaser in writing of all subcontracts awarded
under this contract if not already specified in his bid. Such notification, in his
original bid or later shall not relieve the supplier from any liability or obligation under the
Contract.
12. DELAYS IN THE SUPPLIER‟S PERFORMANCE
12.1 Delivery of the Goods and performance of the services shall be made by the Supplier in
accordance with the time schedule specified by BSNL in its work order. In case the
supply/delivery of services is not completed in the stipulated delivery period, as indicated
in the Work Order, BSNL reserves the right either to short close /cancel this Work order
and/or recover liquidated damage charges. The cancellation/short closing of the order
shall be at the risk and responsibility of Bidder and BSNL reserves the right to purchase
balance unsupplied item at the risk and cost of the defaulting vendors.
12.2 Delay by the Supplier in the performance of its delivery obligations shall render the Supplier
liable to any or all of the following sanctions:
(a) forfeiture of its performance security,
(b) imposition of liquidated damages, and/ or
(c) Short closure of the contract in part or full and/ or termination of the contract for default.
12.3 If at any time during the performance of the contract, the supplier encounters condition
impending timely delivery of the goods and performance of service, the supplier shall:
(a) Promptly notify to the Purchaser in writing the fact of the delay, its likely duration and its
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cause(s). As soon as practicable after receipt of the supplier's notice, the purchaser shall
evaluate the situation and may at its discretion extend the period for performance of the
contract (by not more than 20 weeks or as per provisions of clause 13.2 Section-5A as per
provision given below :
(b) The vendor has to submit their request for extension along with the undertaking as per
clause 21 Section-5A (Fall Clause). Liquidated damages shall apply.
(c) In case extension is being granted beyond 20 weeks then the vendor shall submit additional
BG while seeking extension. For piecemeal items the amount of additional BG shall be 5% of
the value of balance quantity of items to be supplied for which extension in delivery period
has been sought. In case of infrastructure/turnkey projects other than as stated above, 1%
of the total project value shall be the value for additional BG. The additional BG shall be
valid for six months beyond extension of delivery period sought and shall be discharged
after the full ordered quantity has been supplied to the ultimate consignee within the last
extended delivery period on submission of inspection certificate from QA and consignee
receipt without prejudice to the other remedies available to the purchaser.
(d) If the vendor fails to deliver the full ordered quantity even during extended delivery period
then the PO shall be short-closed and the Performance Bank Guarantee as well as additional
BG shall be forfeited.
(e) Format of (i) letters conveying conditions of DP extension and (ii) DP extension letter are in
appendix.
If the supplies are not completed in the extended delivery period, the purchase order shall be
short-closed and both the Performance securities shall be forfeited.
12.4 If the supplies are not completed in the extended delivery period, the purchase order shall
be short-closed and both the Performance securities shall be forfeited.
13. LIQUIDATED DAMAGES
13.1 The date of delivery of the stores/services stipulated in the tender shall be deemed to be
the essence of the contract and delivery must be completed no later than the dates
specified therein. Extension shall not be given except in exceptional circumstances. Shall,
however, deliveries be made after expiry of the contracted delivery period, without
prior concurrence of the purchaser and be accepted by the consignee, such delivery shall
not deprive the purchaser of his right to recover liquidated damage under clause 13.2
below.
13.2 If the Bidder fails to deliver the store and services or any part thereof within the period
prescribed and agreed for delivery of services during various phases as defined in Section-
2 & Section 3 of the tender document, the BSNL without prejudice to other remedies
available to the BSNL shall be entitled to recover, as agreed liquidated damages for
breach of contract, a sum equivalent to INR 20 Lakh for each week of delay or part
thereof for a period up to 10 (TEN) weeks, and thereafter at the rate of INR 30 Lakh for
another TEN weeks of delay.
13.3 DP extension beyond 20 weeks shall not be generally allowed. The extension beyond 20
weeks may be decided in most exceptional circumstances on case to case basis, by
the CGM concerned in case of tenders floated by Circles and by the Functional Director
concerned in case tenders floated by Corporate Office, stating reasons and justifications for
grant of extension of delivery period beyond 20 weeks.
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13.4 In the case of package supply/turnkey projects when the delayed portion of the supply
materially hampers installation and commissioning of the systems, LD charges shall be
levied as above.
13.5 Quantum of liquidated damages assessed and levied by the purchaser and decision of the
purchaser thereon shall be final and binding on the supplier, further the same shall not be
challenged by the supplier either before Arbitration tribunal or before the court. The same
shall stand specifically excluded from the purview of the arbitration clause, as such shall
not be preferable to arbitration.
13.6 The total value of the liquidated damages as per above sub-clauses shall be limited to a
maximum of INR 5 Crore.
14. DISENGAGEMENT SERVICES
14.1 Duration of contract period shall be Five (5) years from the date of commissioning of
system. BSNL shall be at its liberty to extend the contract further at negotiated terms and
conditions including commercials.
i) The terms and conditions of the contract shall come into effect from the date of award of
work, and shall remain valid up to a period of Seven (5) years plus the implementation
period. All the clauses of the contract shall come into effect from the date of award of
work, unless otherwise specified.
ii) All software licenses shall be in the name of Bidder. Certified and licensed copies in the
name of BSNL of the application software, RDBMS and any other software required as
applicable with back up copy shall be supplied.
iii) All software licenses shall be on perpetual basis and software licenses and other assets will
be transferred to BSNL at the end of the term of this contract.
iv) The Bidder will assist BSNL in the development of a Disengagement Assistance Plan for the
transition of the services from Bidder to BSNL and/or its sub-contractor(s) describing
services that Bidder will provide as part of such transition out (Disengagement Services).
v) Such Disengagement Services will include asset transfer, resources planning and other
planning necessary to effect the transition.
vi) During the Disengagement Period, Bidder shall do all things reasonably necessary and as
reasonably requested by BSNL to facilitate the continued operation without significant
interruption.
vii) If Bidder terminates the contract unilaterally before the term of the contract, all assets
related to this tender will be surrendered to BSNL by the bidder.
viii) In case of termination on the initiation of BSNL before the lock in period expires, all assets
shall be transferred to BSNL based on mutually agreed commercials taking into
consideration but not limited to the following such as balance duration of contract,
depreciation etc.
ix) At the end of contracts period, all software licenses shall be transferred to BSNL at the cost
of Rs. 1000.
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x) No penalty / damages / compensation shall be payable by either party before expiry of
agreement period, if exit is made under the following circumstances:
a) the order of any Government (Central/State) or any statutory body
b) in Force Majeure event.
14.2 Extension of agreement beyond five years which shall be at mutually negotiated terms and
conditions, and the MSP must intimate BSNL in writing before expiry of fifth of contract
about its intention regarding continuation of agreement beyond five years.
15. FORCE MAJEURE
15.1 If, at any time, during the continuance of this contract, the performance in whole or in
part by either party of any obligation under this contract 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 events) provided notice of happenings of any such
eventuality is given by either party to the other within 21 days from the date
of occurrence thereof, neither party shall by reason of such event be entitled to
terminate this contract nor shall either party have any claim for damages against
other in respect of such non-performance or delay in performance, and deliveries
under the contract shall be resumed as soon as practicable after such an event come to
an end or cease to exist, and the decision of the Purchaser as to whether the deliveries
have been so resumed or not shall be final and conclusive. Further that if the
performance in whole or part of any obligation under this contract is prevented or
delayed by reasons of any such event for a period exceeding 60 days, either party may,
at its option, terminate the contract. Provided, also that if the contract is terminated
under this clause, the Purchaser shall be at liberty to take over from the Supplier 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 Supplier at the time of such termination or such
portion thereof as the purchaser may deem fit, except such materials, bought out
components and stores as the Supplier may with the concurrence of the purchaser elect
to retain.
16. TERMINATION FOR DEFAULT
16.1 The Purchaser may, without prejudice to any other remedy for breach of contract, by
written notice of default, sent to the supplier, terminate this contract in whole or in
part.
(a) if the supplier fails to deliver any or all of the goods within the time period(s)
specified in the contract, or any extension thereof granted by the purchaser pursuant to
clause12;
(b) if the supplier fails to perform any other obligation(s) under the Contract;
and
(c) if the supplier, in either of the above circumstances, does not remedy his failure within a
period of 30 days (or such longer period as the purchaser may authorize in writing)
after receipt of the default notice from the purchaser.
16.2 In the event the purchaser terminates the contract in whole or in part pursuant to
para 15.1 the purchaser may procure, upon such terms and in such manner as it deems
appropriate, goods similar to those undelivered and the supplier shall be liable to the
Purchaser for any excess cost for such similar goods. However the supplier shall
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continue the performance of the contract to the extent not terminated.
17. TERMINATION FOR INSOLVENCY
17.1 The Purchaser may at any time terminate the Contract by giving written notice to the
Supplier, without compensation to the supplier. If the supplier becomes bankrupt or
otherwise insolvent as declared by the competent court provided that such termination
shall not prejudice or affect any right of action or remedy which has accrued or shall
accrue thereafter to the purchaser.
18. ARBITRATION
18.1 In the event of any question, dispute or difference arising under this agreement or in
connection there-with (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
CMD, BSNL 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 CMD, BSNL or by whatever
designation such an officer may be called (hereinafter referred to as the said officer), and if
the CMD or the said officer is unable or unshalling to act as such, then to the sole
arbitration of some other person appointed by the CMD or the said officer. The agreement
to appoint an arbitrator shall be in accordance with the Arbitration and Conciliation Act
1996. There shall 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 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 CMD, BSNL 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.
18.2 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.
18.3 The venue of the arbitration proceeding shall be the office of the CMD, BSNL, New Delhi or
such other places as the arbitrator may decide.
19. SET OFF
19.1 Any sum of money due and payable to the supplier (including security deposit
refundable to him) under this contract may be appropriated by the purchaser or the
BSNL or any other person(s) contracting through the BSNL and set off the same
against any claim of the Purchaser or BSNL or such other person or person(s) for
payment of a sum of money arising out of this contract or under any other contract
made by the supplier with the Purchaser or BSNL or such other person(s) contracting
through the BSNL.
20. INTIMATION OF SUPPLY STATUS
20.1 The bidders, who are given Purchase Orders, must give the details of the supplies made
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against all the Purchase Orders every month on the first working day of the following month
to MM and the concerned Planning Branches of BSNL (Corporate Office).
21. DETAILS OF THE PRODUCT
21.1 The bidder shall furnish the name of his collaborator (if applicable), brand name, model no.
and type of the products offered in this tender. The technical literatures of the products shall
also be submitted. No change in either technology or product shall be permitted after
opening of bids.
22. COURT JURISDICTION
22.1 Any dispute arising out of the tender/ bid document/ evaluation of bids/ issue of APO
shall be subject to the jurisdiction of the competent court at the place from where the
NIT/ tender has been issued.
22.2 Where a contractor has not agreed to arbitration, the dispute/ claims arising out of the
Contract/ PO entered with him shall be subject to the jurisdiction of the competent
Court at the place from where Contract/ PO has been issued. Accordingly, a stipulation
shall be made in the contract as under.
„This Contract/PO is subject to jurisdiction of Court at New Delhi only”
****
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SECTION – 5 PART-B
SPECIAL CONDITIONS OF CONTRACT
1. INTRODUCTION
The Special Conditions of the Contract shall supplement the „Detailed Notice
Inviting Tender‟ as contained in Section-1, `General Instructions to the
Bidders‟ as contained in Section-4 Part A, "General Commercial Conditions of
the Contract" as contained in Section-5 Part A. Wherever there is a conflict,
the provisions herein shall prevail over those in Section-1, Section-4 Part A
and Section-5 Part A.
2. Functional Testing:
2.1 Office of CGM IT Project Circle Pune shall be overall in-charge from BSNL side
for all type of functional testing process including User Acceptance Testing.
2.2 Bidder shall detail the testing methodology employed by the Bidder and its
conformance to quality and industry standards.
2.3 Bidder shall submit and agree with BSNL, the test plans and approval process
before testing of the system commence.
2.4 All Unit Test, Sub-system Test (each module test), and System Test for the
Solution shall be managed and performed by the Bidder
2.5 System Integration, Performance, and Acceptance Testing for the Solution
shall be managed and performed and / or coordinated by the Bidder.
2.6 Bidder shall have the following testing responsibilities for all test phases:
a. Create the test environments which meet the specifications of the test
plans
b. Ensure that sufficient test data is populated in the test database(s)
c. Provide adequate technical and other staff dedicated to testing support
and problem resolution while testing activities are in progress
d. Support the operation of the test system and deliver system output to
BSNL as requested
e. Prepare and submit test plans and procedures that shall include all of
the various tests required for the implementation of the proposed
architecture
f. Execute test cases
g. Manage and resolve defects
h. Provide test reports
2.7 Written confirmation of the results of each test phase including a
recommendation to proceed shall be provided by the Bidder to BSNL for its
consideration and concurrence where needed / applicable.
3. Support Certificate:
3.1 Bidder shall submit support certificate from each of the OEM partners of
software & Hardware like Server hardware, Storage & Networking items etc.
indicating direct support of its respective products supplied to bidder and
BSNL for a period of 6 years from the date of commissioning of Phase-I, as
per format in section 7 (G) of the tender document.
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4. Teaming Agreement:
4.1 The bidder shall have Teaming agreement with OEM partners Customer
Acquisition & Customer Experience Management system & hardware OEMs, to
ensure that respective product support for implementation, operations,
maintenance, spares and upgrades is available to BSNL for a minimum period
of 6 years from the date of commissioning of phase-I. The copies of the actual
Teaming Agreement between the bidder and each of the partner companies
shall have to be submitted along with the Technical bid. All such agreements
shall be signed by the respective authorized signatories of the concerned
companies. Format of teaming agreement is at section 7 (H)of the tender
document.
5. TENDER EVALUATION:
3.1 Tender evaluation process as per Clause 4 of Section 4 Part B.
6. Phases & Delivery Time Frames: :
6.1 Phases and delivery time frames are detailed in Clause 5 of Section 2 of the
tender document.
7. Pricing & Fee:
Note:-
a. The bid shall be submitted in the format prescribed in the tender. The
Bid price form templates shall NOT be modified, and no other templates
shall be used.
b. Fee to be paid to bidder shall be quoted by the bidder as defined in
Clause ___ of this section.
c. BSNL shall make payments in INR.
d. All offered solution by the Bidder along with Upgrades, updates and
technology refresh shall be made available for BSNL throughout the
Contract period in the finalized fee payable to bidder.
e. Bidder shall submit a detailed SLA report on the parameters (as
described in section 5 Part C of the tender) on which BSNL shall make
payments as per the payment schedule stated in the purchase order.
Upon, Bidder submitting the report, BSNL shall make payments after
deductions of any penalties applicable for not meeting the SLA‟s and
other deductions as stated in the tender such as Collocation &
associated charges, charges for seating space provided, electricity
charges at cost etc.
f. Bidder shall raise a CENVATABLE invoice on BSNL periodically for its fee
along with applicable service tax.
7.1 Payment method is detailed at Clause 6 of Section 2 of the tender document.
8. Implementation Services:
8.1 Bidder shall be responsible for hardware acquisition, installation and
maintenance for the Solution. Bidder shall provide software and hardware
installation and configuration for the Solution. System implementation includes
System Integration, User Acceptance, Training, Pre-production and Production.
8.2 Bidder shall provide detailed documentation describing the Solution including
software and hardware addressing sizing, performance and redundancy
requirements.
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8.3 Bidder shall be responsible for storage management (allocation, backups,
restores, archiving).
8.4 Bidder shall develop training material and recommend the training rollout
strategy & Deliver train-the-trainer sessions to BSNL.
8.5 Bidder shall propose a project management methodology that shall cover all
management, administration and necessary facilities for performing the scope of
work.
8.6 The Bidder shall take ownership for all project management responsibilities to
manage the delivery obligations as per tender. The Bidder shall describe the
approach used for delivery of projects including describing the Bidders
responsibilities. Bidder shall describe the methods and tools to manage risks
and issues in the project.
8.7 The Bidder shall include in this response, planning relating to the human
resources to be allocated to the project. Proposed changes in Bidders‟ key
personnel shall be communicated in advance.
8.8 Bidder shall always ensure sufficient numbers of suitably qualified people and
the necessary tools and aids to carry out the agreed task. Bidder shall
continually evaluate the requirement for capacity and competence in relation to
planned activities and deliverables on part of the bidder.
9. Managed Operation:
9.1 Broad outline of the various management scope of the bidder shall be as below:
9.1.1 Application Management
9.1.1.1 Overall Administration and operations Management
9.1.1.2 Administration and monitoring compliance against SLAs
9.1.1.3 Coordinating and overseeing daily activities
9.1.1.4 Production Job Scheduling
9.1.1.5 Production Monitoring
9.1.1.6 Application Currency Management
9.1.1.7 Application Design/Build Services
9.1.1.8 Enhancements
9.1.1.9 Release Control
9.1.1.10 Interface Management
9.1.1.11 Application Maintenance
9.1.2 System Management
9.1.2.1 Hardware Management
9.1.2.2 Performance Tuning
9.1.2.3 Maintenance services
9.1.2.4 Database Management
9.1.2.5 Disk Storage Management
9.1.2.6 Disaster Recovery
9.1.2.7 Backup/Restore Management
9.1.2.8 Security Management
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9.1.3 Managing support services for the Solution
9.1.3.1 Incident Management
9.1.3.2 Problem Management
9.1.3.3 Levels 1 and 2 Support
9.1.3.4 Level 3 Support
10. CHANGE MANAGEMENT:
10.1 Bidder shall describe in detail the Change Management Methodology (CMG) to
be implemented by the Bidder. The Bidder is required to put in place CR and
Version management processes and necessary resources to team up with BSNL
to achieve the successful implementation and operability of the change, as a
single change or as a whole version.
10.2 Change Management shall be classified into following categories:
10.2.1 Functional improvement. An improvement in the way an information system
operates. End user change requests for functional improvements are typically to
correct a misalignment between how an information system supports their work
and the supporting business processes. Bidder and IT initiated functional
improvements usually focus on functional improvements related to technology.
10.2.2 Additional capacity: More of a specific resource, such as shared disk space,
capacity management etc.
10.2.3 Additional services: Additional required features.
10.2.4 Technical fixes: Initiated to correct deficiencies or inefficiencies in products,
systems, subsystems and components. A technical fix from an end users point
of view falls under the purview of problem and incident management. Examples
of technical fixes include improved shell scripts, patches, maintenance releases,
etc.
10.2.5 Enhancements: Added features, such as the latest version of an application,
improved user interface, additional functions, etc.
10.2.6 New requirements: Any system, subsystem or component needed to fulfill a
new requirement.
10.3 For each change request bidder shall:
a. Create functional requirement in per-defined format
b. Create a change control record
c. Provide an estimate of complexity, feasibility, and development time
d. Obtain BSNL agreement of the functional requirement
e. Perform Services as required to design, document, develop, configure, test
and implement the Change.
f. Monitor the progress and cost of the changes
g. Regularly review all new CRs and allocate for further analysis
h. Requirement for new task/ enhancement identified and documented.
i. Forward to Change Control Board (CCB) for prioritization and approval
j. Where estimations or impact on timescales exceeds pre-defined limit, refer to
Change Control Board for approval.
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k. The CCB shall also determine the release propagation path for the CRs
developed. A review of the impact of these changes taking place at the core
functionality will be conducted
l. CCB shall give priority to particularly urgent changes that need to be „fast-
tracked‟
m. Identify deliverables involved, estimate time, cost etc
n. Approve CR or reject or put on hold.
o. Where approved, identify resource(s) responsible for producing deliverable(s),
sign-off resource(s) and due date for each deliverable
10.4 Bidder shall make all changes in accordance with Change Control procedures
approved by BSNL (ITPC) and providing information regarding any changes
performed without proper authorization or contrary to Change Management
policies and procedures.
10.5 The Bidder shall follow the release management process so that any change to
the Solution is controlled, tested, traceable, authorized, and implemented in a
structured manner. Provide proper testing and test results for all Releases going
into the managed environments.
10.6 Provide support for a period of time directly after the deployment of a new or
changed component to include a review the KPIs, monitoring Thresholds, and
provision of additional resources for Incident and Problem Management.
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SECTION 5 PART C
SERVICE LEVEL MANAGEMENT
1. General
1.1. Bidder shall establish and deliver Service Level Agreements (SLAs) /
performance reporting between its Managed IT service organization and BSNL.
1.2. The methodology set out shall support the Service Level Management cycle of
agreeing, monitoring, reporting, and improving the delivery of the Services to
BSNL.
2. Service Level Framework
2.1. Service Level performance shall be measured and reported by bidder over a
stated period of time.
2.2. If, after the implementation of the Measurement Methodology for a Service
Level, Bidder desires to change the Measurement Methodology for such
Service Level, then Bidder must give ninety (90) days‟ notice to BSNL and
demonstrate and explain to BSNL‟s reasonable satisfaction the nature, equity,
and appropriateness of such proposed change(s) to such Measurement
Methodology.
2.3. Proposed changes must be fully documented and such proposed changes shall
not result in an increase in the charges payable to the Bidder.
2.4. Six (6) months following the Service Level Effective Date, and every twelve
(12) months thereafter, BSNL in consultation with Bidder shall review the
Measurement Methodologies for existing Service Levels and assess whether
any changes in the Measurement Methodologies for the existing Service
Levels are required to collect and accurately reflect Bidder performance and
related data prospectively, for those existing Service Levels.
2.5. Detailed performance information used to calculate each Service Level will be
maintained by Bidder for up to three months, summary or aggregate data will
be maintained indefinitely.
2.6. Bidder shall provide, or provide access to, such performance information to
allow BSNL to verify the accuracy of reported Service Level measurements.
3. Reporting
3.1. Bidder shall provide to BSNL, as part of Bidder‟s monthly performance reports,
a set of reports to verify Bidder's performance and compliance with the
Service Levels and Critical Deliverables, in a form and structure acceptable to
BSNL.
3.2. Bidder shall provide detailed supporting information for each Service Level
performance report to BSNL, in a form and structure acceptable to BSNL.
3.3. BSNL may access such information online, where technically feasible
3.4. No post-reporting adjustment shall be made to any Service Level performance
data or supporting information without BSNL‟s approval
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3.5. Bidder shall maintain a log of all such Service Level change requests, including
the nature of the Service Level change, BSNL approval/approver, and Service
Level change date.
3.6. Bidder shall investigate and correct all Critical Priority Incidents and Problems,
regardless of whether or not such Incidents and Problems constitute Service
Level Defaults
4. Exceptions
4.1. If any events or periods that are measured as part of a Service Level are not
successfully achieved in accordance with the relevant performance standard
specified in the Service Level, and Bidder demonstrates that such failure is
directly caused by any of the following, then such events or periods shall be
disregarded for the purpose of calculating the relevant Service Level (and
shall be excluded from both the numerator and the denominator for the
purposes of calculating whether the Service Level has been achieved):
a. During scheduled maintenance activities (i.e. build, releases, scheduled
maintenance).
b. With respect to major initial and new system/product implementation an
exception will be granted for applicable Critical Service Levels for the first
7 Days post full implementation.
c. Due to network, 3rd party applications not supplied by Bidder
5. Hours of Support
5.1. The Systems are supported 24x7x365 with the exception of agreed to
maintenance windows.
6. Maintenance windows
6.1. The following maintenance windows will be agreed upon for the purposes of
carrying out regular Change Management Procedures associated with Release
management and maintenance of the Systems.
Monday through Sunday 12am - 5am
7. Degradation in Performance, Faults, Resolution Time and Penalties
7.1. During the term of the contract period, the entire system shall support the
performance parameters and percentage availability as defined in tender
document. In case there is degradation in performance or percentage non-
availability is higher than specified or delay in restoration of faults beyond the
prescribed limits, it will result in Penalties.
7.2. Penalties will be imposed based on three parameters:
(a) Availability related SLA breach:-
1. Complete non-availability of a sub-system (Hardware/ Software).
2. Partial availability of a sub-system.
(b) Non-compliance to the performance related SLA.
(c) Delays in resolving incidents reported by BSNL through dockets.
7.3. In case a sub-system is completely non-available then the severity level shall
be defined as per the system non-availability calculated over a period of one
month.
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7.4. In case a sub-system is partially unavailable then penalties in such cases shall
be imposed as indicated below:
a. In case a sub-system is partially available, then the severity level A
shall be taken in the incident management process. The partial
unavailability shall be recorded through docket in the system and the
parameters like customers affected etc, shall also be recorded in the
docket in the severity A in the incident management process.
b. Parameters, which are directly related to subscribers.
7.5. Delay will be counted in steps of one hour where applicable. More than half
hour of delay will be treated as one hour delay.
7.6. In case of any fault, not mentioned in the table below, affects the functionality
of the Data Center in any way shall be treated as per the severity level
defined by the Governance mechanism along with the resolution time.
7.7. The time for restoration of fault will be counted from the time of reporting to
the help desk and obtaining the fault ticket number from them.
8. System Level SLA - System Availability and System Performance
Parameters
System availability Metric (Uptime) Penalty Code (A/B/C)
UPS 100% A
Application 99.5 % A
Hardware 99.9% A
Disaster Recovery Solution 99.9% A
Storage SAN Solution 99.9 % A
Tape library 99 % B
Other items 97 % C
8.1. The Uptime in % would be measured as detailed below:
{[(Actual Uptime + Scheduled Downtime) / (Scheduled Hours] x 100}
8.2. "Actual Uptime" means, of the Scheduled Hours, the aggregate number of
hours in any month during which each Machine / application, is actually
available for use.
8.3. Scheduled Downtime" means the aggregate number of hours in any month
during which each Machine / application, is down during Scheduled Hours, due
to preventive maintenance, scheduled outages, However for any scheduled
and planned outages, the Bidder will take prior approval from BSNL.
8.4. "Scheduled Hours" means the measurement period in a 24 x 7 manner i.e.
equivalent number of hours in month excluding the scheduled downtime
associated.
8.5. It is expected that Systems/ sub-systems for which the availability is 99%
shall not be down for more than 12 hours in a month.
8.6. Systems/ sub-systems for which the availability is 98% shall not be down for
more than 24 hours in a month.
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8.7. Systems/ sub-systems for which the availability is 95% shall not be down for
more than 48 hours in a month.
8.8. The desired system availability over a defined period shall be ensured.
Scheduled backup and other recovery functions must be clearly identified by
the Bidder with business impact explanations enclosure.
8.9. In case a sub-system is completely non-available then the severity level shall
be defined as per the system non-availability calculated over a period of one
month. The penalties in such cases shall be imposed as indicated below:
Performance
requirement
Range of non-
availability
Penalty
Metric Uptime -
100%
availability and
99.9%
availability
a. 99% to 100% in
steps of 0.1%
Penalty based on the Penalty code as
per the above table corresponding to
system applied for each 0.1%
degradation.
b. Less than 99% 1.5 times the Penalty based on the
Penalty code corresponding to the
system shall be applied per each step of
0.1% degradation. This will be
calculated incrementally after penalty
for point (a) above is calculated.
Metric Uptime –
99.5%
availability
a. 99.5% to 98% in
steps of 0.1%
Penalty based on the Penalty code as
per the above table corresponding to
system applied for each 0.1%
degradation.
b. Less than 98% 1.5 times the Penalty based on the
Penalty code corresponding to the
system shall be applied per each step of
0.1% degradation. This will be
calculated incrementally after penalty
for point (a) above is calculated.
Metric Uptime -
99% availability
a. 99% to 97% in steps
of 0.1%
Penalty based on the Penalty code as
per the above table corresponding to
system applied for each 0.1%
degradation.
b. Less than 97% 1.5 times the Penalty based on the
Penalty code corresponding to the
system shall be applied per each step of
0.1% degradation. This will be
calculated incrementally after penalty
for point (a) above is calculated.
Metric Uptime <
97% availability
a. 97% to 94% in steps
of 0.1%
Penalty based on the Penalty code as
per the above table corresponding to
system applied for each 0.1%
degradation.
b. Less than 94% 1.5 times the Penalty based on the
Penalty code corresponding to the
system shall be applied per each step of
0.1% degradation. This will be
calculated incrementally after penalty
for point (a) above is calculated.
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9. Incident Management - Hardware and Software Defect related Priority
Levels:
9.1. Priority 1 / Critical / Serious / Outage: Critical business impact
/Application / Infrastructure inoperable, making it unable to use the program
resulting in a critical impact on operations. No workaround is available. This
condition requires immediate resolution. Issue has crippling effect on the
customer‟s business that will be classified as Priority 1 will be
(a) Critical system crash or completely disrupt service
(b) Significant performance degradation
(c) Security violation
(d) A main system function supporting a business critical process has
failed, and the System functionality is limited such that critical
business processes are paralyzed
(e) System crashes repeatedly under normal use
(f) System hangs (stuck) - System not operative, or there is unreasonable wait times for resources or response as if the System is hanging
9.2. Priority 2 / Major / Substantial: Significant business impact, this indicates
the program is usable but more effort and time are required from customer to
accomplish the process. Application / Infrastructure usable but
malfunctioning. Workaround available. Issues classified as Priority 2 are
(a) Severe operational error
(b) Some performance degradation
(c) Loss of functionality with existing workaround
(d) The System is impaired, however the System is operative with a non-critical malfunction
9.3. Priority 3 / Minor: Direct BSNL-impacting issues where greater than 10% of
CSRs or end users are being commercially hindered from completing tasks,
sales or service processes required for day to day operations where a
reasonable workaround is not available. Application / Infrastructure usable but
is not performing to specification. There is little or no business impact. The
System is operative with limitation on minor functions
ACKNOWLEDGEMENT
THAT DEFECT WAS
RAISED
RESTORATION FIX
(WITH
WORKAROUND)
DELIVERY
MECHANISM
Priority
1
Two hours from the
time defect was logged
One business day for
80% of the problems,
100% within 3 elapsed
working days. Penalty
Code A shall be used for
this category
Hot fix on an
exceptional basis
Priority
2
Four hours from the
time defect was logged
Three business days for
80% of the problems,
100% within 5 elapsed
working days. Penalty
Code B shall be used for
this category
Scheduled Release or
Hot fix on an
exceptional basis
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Priority
3
One business day from
the time defect was
logged
Five business days for
40% of the problems
Seven business days for
60% of the problems
Penalty Code B shall be
used for this category
Hot fix or part of
Scheduled Release
10. Service Level SLA – Performance:
11. Penalties
11.1. The penalties mentioned are applicable for two categories namely System
Availability and Hardware / Software Defect priority levels as mentioned in
section 9 and section 10 of this section
Penalty Code / Severity
“A”
1. 0.2% of the payable service charge for every 0.1%
drop in availability
2. 0.2% of the payable service charge for every 1% drop
in performance level.
3. 0.2% of payable service charge for every 4 hr delay in
incident resolution beyond agreed duration
Penalty Code “B” 1. 0.15 % of the payable service charge for every 0.1%
drop in availability
2. 0.15% of the payable service charge for every 1%
drop in performance level
3. 0.15% of the payable service charge for every 4 hr
delay in incident resolution beyond agreed duration
Penalty Code “C” 1. 0.1% of the payable service charge for every 0.1%
drop in availability
2. 0.1% of the payable service charge for every 1% drop
in performance level
3. 0.1% of the payable service charge for every 4 hr
delay in incident resolution beyond agreed duration
12. Service Charge and Service Level Penalties
12.1. The three broad parameters for measurements in service level framework &
their weightage are below:
a. Availability-5% of the payable monthly services charge
b. Performance-5% of the payable monthly services charge
c. Incident Management-2% of the payable monthly services charge
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12.2. The ceiling on the penalties shall be 12% of the payable monthly service
charge (
13. Penalty Calculation Performance SLA Example:-
13.1. Certain SLA requirement demands an SLA of 180 seconds
13.2. Penalty code defined for such SLA is A, which means 0.2% of the weighted
service charge for every 1% drop in performance level.
13.3. Now, lets assume that the average time for reconnection has increased to 190
sec , which is 10/180% = 6% drop , which in turn means that 0.2x6=1.2% of
net payable service charge shall be levied as the penalty corresponding to
this SLA.
13.4. Likewise there are 20 performance metrics against which the penalty shall be
calculated to find the aggregate penalty for performance SLA.
14. Penalty Calculation example for Availability SLA:-
14.1 Certain SLA requirement demand is 99.5%.
14.2 Penalty code defined for this SLA is B, which means 0.15% of the weighted
service charge for every 0.1% degradation in availability level.
14.3 Now lets assume that data center router uptime for the month was 99%
which means 0.5% degradation from the expected level of 99.5%
14.4 This translates to 0.15% x 5 = 0.75% of weighted service charge for
availability which is Rs 48 for this month.
14.5 Hence penalty of 0.75% of the net payable service charge shall be levied for
this item.
14.6 Similarly penalty for other items in the availability matrix shall be calculated.
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SECTION-6
UNDERTAKING & DECLARATION
6(A) - For understanding the terms & condition of Tender & Spec. of work
a) Certified that:
1. I/ We ……………………………………. have read, understood and agree with
all the terms and conditions, specifications included in the tender
documents & offer to execute the work at the rates quoted by us in the
tender form.
2. If I/ We fail to enter into the agreement & commence the work in time,
the EMD/ SD deposited by us will stand forfeited to the BSNL.
b) The tenderer hereby covenants and declares that:
1. All the information, Documents, Photo copies of the Documents/
Certificates enclosed along with the Tender offer are correct.
2. If anything is found false and/or incorrect and/or reveals any
suppression of fact at any time, BSNL reserves the right to debar our
tender offer/ cancel the LOA/ Purchase/ work order if issued and forfeit
the EMD/ SD/ Bill amount pending with BSNL. In addition, BSNL may
debar the contractor from participation in its future tenders.
Date: …………… …………………………………
Signature of Tenderer
Place: …………… Name of Tenderer ……………………………….
Along with date & Seal
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6 (B) – NEAR-RELATIONSHIP CERTIFICATE:
(Format of the Certificate to be given as per the clause 34.4 of Section-4 Part-A by
the bidder in respect of status of employment of his/ her near relation in BSNL)
The format of the certificate to be given is "I…………..s/o…….……r/o……………..hereby
certify that none of my relative(s) as defined in the tender document is/are employed
in BSNL unit as per details given in tender document. In case at any stage, it is
found that the information given by me is false/ incorrect, BSNL shall have the
absolute right to take any action as deemed fit/without any prior intimation to me."
Signature of the tenderer
With date and seal
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SECTION- 7
PROFORMAS
7(A) For the BIDSECURITY/ EMD Guarantee
(To be typed on Rs.100/- non-judicial stamp paper)
Whereas M/s …………………………… R/o ……………… …………
……………………………………… (Hereafter referred to as Bidder) has approached us for
giving Bank Guarantee of Rs. ……………………/- (hereafter known as the “B. G.
Amount”) valid up to …../……/ 20….. (hereafter known as the “Validity date”) in
favour of DGM (MMT) BSNL CO, Delhi (Hereafter referred to as BSNL) for
participation in the tender of work of …………………………………………….. vide tender no.
………………………………….
Now at the request of the Bidder, We ……………………………………… Bank
…………………………Branch having ………………………………………… ……….
.……………………………………. (Address) and Regd. office address as ………
………...……………………………………………………………………… ……… ……… …………… (Hereinafter
called „the Bank”) agrees to give this guarantee as hereinafter contained:
2. We the Bank do hereby undertake to pay the amounts due and payable under
this guarantee without any demur, merely on a demand from the BSNL stating
that the amount claimed is due by way of loss or damage caused to or would be
caused to or suffered by the BSNL by reason of breach by the said bidder(s) of
any of terms or conditions contained in the said Agreement or by reason of the
bidder (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 the BSNL 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 the “B. G. Amount”.
3. We undertake to pay to the BSNL any money so demanded notwithstanding
any dispute or disputes raised by the bidder(s) in any suit or proceeding 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 bidder(s) shall
have no claim against us for making such payment.
4. We 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 BSNL under or by virtue of the said Agreement have been fully paid
and its claims satisfied or discharged or till BSNL Certifies that the terms and
conditions of the said Agreement have been fully and properly carried out by
the said bidder(s) and accordingly discharge this guarantee. Unless a demand
or claim under this guarantee is made on us in writing or before the expiry of
Validity date from the date hereof, we shall be discharged from all liability
under this guarantee thereafter.
5. We the Bank further agree with the BSNL that the BSNL shall have the fullest
liberty without our consent and without affecting in any manner our obligations
hereunder to vary any of the terms and conditions of the said Agreement or to
extend time of performance by the said bidder(s) from time to time or to
postpone for any time or from time to time any of the powers exercisable by
the BSNL against the said bidder(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
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said Bidder(s) or for any forbearance, act or omission on the part of the BSNL
or any indulgence by the BSNL to the said bidder(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. Notwithstanding anything herein contained ;
(a) The liability of the Bank under this guarantee is restricted to the “B. G.
Amount” and it will remain in force up to its Validity date specified above.
(b) The guarantee shall stand completely discharged and all rights of the
BSNL under this Guarantee shall be extinguished if no claim or demand is
made on us in writing on or before its validity date.
7. In case BSNL demands for any money under this bank guarantee, the same
shall be paid through banker‟s Cheque in favour of “AO (Cash) BSNL CO”
payable at New Delhi.
8. The Bank guarantees that the below mentioned officer who have signed it on
behalf of the Bank have authority to give this guarantee under its delegated
power.
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 Number ……………………………..
Fax number………………………………
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Section- 7(B)
For the Performance Guarantee
(To be typed on Rs.100/- non-judicial stamp paper)
Dated:……………..
Sub: Performance guarantee.
Whereas DGM (MM) BSNL CO, Delhi R/o …………………………..…………
…………………..(hereafter referred to as BSNL) has issued an APO no. …………..……….
Dated ……/……/20….. awarding the work of …………… …… … ………………………………….. to
M/s …………………..…………………………… R/o …………………………………………………………………
(hereafter referred to as “Bidder”) and BSNL has asked him to submit a performance
guarantee in favour of DGM(MMT) BSNL CO, Delhi of Rs. …………..……/- (hereafter
referred to as “P.G. Amount”) valid up to ……/……/20………(hereafter referred to as
“Validity Date”)
Now at the request of the Bidder, We ……………………………………… Bank
…………………………Branch having ……………………..…………………… ……….
.……………………………………. (Address) and Regd. office address as ………
………...……………………………………………………………………… ……… ……… …………… (Hereinafter
called „the Bank”) agreed to give this guarantee as hereinafter contained:
2. We, “the Bank” do hereby undertake and assure to the BSNL that if in the
opinion of the BSNL, the Bidder has in any way failed to observe or perform
the terms and conditions of the said agreement or has committed any breach
of its obligations there-under, the Bank shall on demand and without any
objection or demur pay to the BSNL the said sum limited to P.G. Amount or
such lesser amount as BSNL may demand without requiring BSNL to have
recourse to any legal remedy that may be available to it to compel the Bank
to pay the same.
3. Any such demand from the BSNL shall be conclusive as regards the liability of
Bidder to pay to BSNL or as regards the amount payable by the Bank under
this guarantee. The Bank shall not be entitled to withhold payment on the
ground that the Bidder had disputed its liability to pay or has disputed the
quantum of the amount or that any arbitration proceeding or legal proceeding
is pending between Bidder and BSNL regarding the claim.
4. We, the Bank further agree that the guarantee shall come into force from the
date of its issue and shall remain in full force and effect up to its Validity date.
5. The Bank further agrees that the BSNL shall have the fullest liberty without
the consent of the Bank and without affecting in any way the obligations
hereunder to vary any of the terms and conditions of the said agreement or to
extend the time for performance of the said agreement from any of the
powers exercisable by BSNL against the Bidder and to forebear to enforce any
of the terms and conditions relating to the said agreement and the Bank shall
not be relieved from its liability by reason of such failure or extension being
granted to Bidder or through any forbearance, act or omission on the part of
BSNL or any indulgence by BSNL to Bidder or any other matter or thing
whatsoever which under the law relating to sureties would but for this
provision have the effect of relieving or discharging the guarantor.
6. Notwithstanding anything herein contained ;
(a) The liability of the Bank under this guarantee is restricted to the P.G.
Amount and it will remain in force up to its Validity date.
(b) The guarantee shall stand completely discharged and all rights of the
BSNL under this Guarantee shall be extinguished if no claim or demand
is made on us in writing on or before its validity date.
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7. In case BSNL demands for any money under this bank guarantee, the same
shall be paid through banker‟s Cheque in favour of “AO (Cash) BSNL CO”
payable at New Delhi.
8. The Bank guarantees that the below mentioned officer who have signed it on
behalf of the Bank have authority to give this guarantee under its delegated
power.
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 Number ……………………………..
Fax number………………………………
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SECTION 7 (C)
Letter of authorization for attending Tender Opening Event
[On the letterhead of the Bidder company]
(To reach AGM (MM) before Bid Opening Date)
To
The AGM (MM),
BSNL Corporate Office,
Bharat Sanchar Bhawan, HC Mathur lane, Janpath
New Delhi 110 001
Subject : Authorization for attending bid opening –TOE on
________________________________(date) in the Tender of
_________________________________________________________.
Dear Sir,
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
Or
Officer authorized to sign the Bid
Documents on behalf of the Bidder Note :
1. Maximum of two representatives will be permitted to attend the TOE . 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 by BSNL prior to the Bid Opening Date.
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SECTION-7(D)
INTEGRITY PACT
Between
Bharat Sanchar Nigam Limited (BSNL) / 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 and regulations, and the principles of economic use of resources,
and of fairness and transparency in its relations with its Bidder/s and Contractor/s.
In order to achieve these goals, the Principal will appoint an Independent External
Monitor who will monitor the tender process and the execution of the contract for
compliance with the principles mentioned above.
Section 1 – Commitments of the Principal
(1) The Principal commits itself to take all measures necessary to prevent
corruption and to observe the following principles:-
(a) No employee of the Principal, personally or through family members,
will in connection with the tender for, or the execution of a contract,
demand, take a promise for or accept, for him/herself or third person,
any material or immaterial benefit which he/she 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 tender 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 relevant Anti-Corruption Laws of India, or if
there be a substantive suspicion in this regard, the Principal will inform its
Vigilance Office and in addition can initiate disciplinary actions.
Section 2 – Commitments of the Bidder(s)/Contractor(s)
(1) The Bidder(s)/Contractor(s) commits itself to take all measures necessary to
prevent corruption. He commits himself to observe the following principles
during his participation in the tender process and during the contract
execution.
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(a) Thee Bidder(s)/Contractor(s) will not, directly or through any other
person or firm, offer, promise or give to any of the Principal‟s
employees involved in the tender process or the execution of the
contract or to any third person any material or immaterial benefit
which he/she is not legally entitled to, in order to obtain in exchange
any advantage of any kind whatsoever during the tender process or
during the execution of the contract.
(b) The Bidder(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 cartelisation in
the bidding process.
(c) The Bidder(s)/Contractor(s) will not commit any offence under the
relevant Anti-corruption Laws of India; 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) 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
(1) If the Bidder(s)/Contractor(s), before contract award or during execution 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 defined procedure.
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 the
amount equivalent to Security Deposit / Performance Bank Guarantee in
addition to any other penalties/ recoveries as per terms and conditions of the
tender.
Section 5 – Previous transgression
(1) The Bidder declares that no previous transgression occurred in the last 3 years
with any other Company in any country conforming to the Anti-corruption
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approach or with any other Public Sector Enterprise in India that could justify
his exclusion from the tender process.
(2) If the Bidder makes incorrect statement on this subject, he can be disqualified
from the tender process or action can be taken as per the defined procedure.
Section 6 – Equal treatment of all Bidders/Contractors/Subcontractors
(1) The principal will enter into agreements with identical conditions as this one
with all Bidders/Contractors.
(2) The Bidder(s)/Contractor(s) undertake(s) to demand from all subcontractors a
commitment in conformity with this Integrity Pact.
(3) The Principal will disqualify from the tender process all bidders who do not sign
this Pact or violate its provisions.
Section 7–Criminal charges against violating
Bidder(s)/Contractor(s)/Subcontractor(s)
(1) If the Principal obtains knowledge of conduct of a Bidder, Contractor or
Subcontractor, or of an employee or a representative or an associate of a
Bidder, Contractor or Subcontractor, which constitutes corruption, or if the
Principal has substantive suspicion in this regard, the Principal will inform the
Corporate Vigilance Office.
Section 8 – External Independent Monitor/Monitors
(1) Principal appoints competent and credible Independent External Monitor for this
Pact. The task of the Monitor is to review independently and objectively,
whether and to what extent the parties comply with the obligations under this
agreement.
(2) The Monitor is not subject to instructions by the representatives of the parties
and performs his functions neutrally and independently. He reports to the CMD
of the BSNL.
(3) The Bidder(s)/Contractor(s) accepts that the Monitor has the right to access
without restriction to all Project documentation of the Principal including that
provided by the Contractor. The Contractor will also grant the Monitor, upon his
request and demonstration of a valid interest, unrestricted and unconditional
access to his project documentation. The same is applicable to Subcontractors.
The Monitor is under contractual obligation to treat the information and
documents of the Bidder(s)/Contractor(s)/Subcontractor(s) with confidentiality.
(4) Notwithstanding anything contained in this Section, the Bidder(s)/Contractor(s)
shall have no obligation whatsoever to provide any internal costing mechanisms
or any internal financial or commercial data pursuant to any audit or review
conducted by or on behalf of the Principal. Further, the Bidder(s)/Contractor(s)
shall not be required to provide any data relating to its other customers, or any
personnel or employee related date.
(5) The Principal will provide to the Monitor sufficient information about all
meetings among the parties related to the Project provided such meetings could
have an impact on the contractual relations between the Principal and the
Contractor. The parties offer to the Monitor the option to participate in such
meetings.
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(6) As soon as the Monitor notices, or believes to notice, a violation of this
agreement, he will so inform the Management of the Principal and request the
Management to discontinue or take corrective action, or to take other relevant
action. The monitor can in this regard submit non-binding recommendations.
Beyond this, the Monitor has no right to demand from the parties that they act
in a specific manner, refrain from action or tolerate action.
(7) The Monitor will submit a written report to the Chairperson of the Board of the
Principal within 8 to 10 weeks from the date of reference or intimation to him by
the „Principal‟ and, shall the occasion arise, submit proposals for correcting
problematic situations.
(8) If the Monitor has reported to the CMD of the BSNL, a substantiated suspicion
of an offence under relevant Anti-Corruption Laws of India, and the BSNL has
not, within reasonable time, taken visible action to proceed against such offence
or reported it to the Corporate Vigilance Office, the Monitor may also transmit
this information directly to the Central Vigilance Commissioner, Government of
India.
(9) The word „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 12 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, BSNL.
Section 10 – Other provisions
(1) This agreement is subject to Indian Law. Place of performance and jurisdiction
is the Registered Office of the Principal, i.e. New Delhi. The arbitration clause
provided in the tender document / contract shall not be applicable for any issue
/dispute arising under Integrity Pact.
(2) Changes and supplements as well as termination notices need to be made in
writing.
(3) If the Contractor is a partnership or a consortium, this agreement must be,
signed by all partners or consortium members.
(4) Shall one or several provisions of this agreement turn out to be invalid, the
remainder of this agreement remains valid. In this case, the parties will strive
to come to an agreement to their original intensions.
-------------------------------- -------------------------------
---
For the Principal For the Bidder/Contractor
Place…………………… Witness 1: ………………………………
Date …………………… Witness 2: ………………………………
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Section 7-(E)
Consortium Agreement
(On Rs. 100 Stamp Paper)
In compliance to Clause No.…..of Tender No. dated, a consortium has been
formed on <Date> between <Bidder’s Name> and various technology provider
OEMs to meet various eligibility conditions and experience criteria specified in the
Tender No___________, dated_______.
It has been agreed amongst bidder and all the consortium members that <Bidder’s
Name> is designated to submit the Bid on behalf of this consortium and henceforth
called as Bidder. “Lead Bidder” and the “Bidder” has been used interchangeably. It is
also confirmed that all the members of the said consortium meet the eligibility
conditions as specified in the above referred Tender and have authorized the “Lead
bidder” by way of duly executed power of attorney in his favour to act on their
behalf.
It has also been agreed that the in its capacity as lead Bidder, <Bidder’s Name>
will interact with BSNL for all obligations
The Lead bidder and its technology/consortium partner shall be liable for due
performance of the contract jointly and severally, whereas the responsibility of
Consortium Partners other than lead bidder, shall be limited to such Consortium
Partner‟s share of obligations in the contract for products and /or services as defined
in the agreement signed between the Lead Bidder and Consortium Partner and in
accordance with the tender requirements. Copies of all such agreements shall form
part of the consortium agreement.
The details of Bidder and various consortium partners are as under:-
<Bidder Name>:- <Details containing Registered office & correspondence
address>
<Consortium Partner >:- <Details containing Registered office &
correspondence
address>:
IN WITNESS WHEREOF the parties have caused this AGREEMENT to be executed by
their duly authorized officers as of the day first above written
For <Bidder’s Name>
Signature of Authorized Signatory
Name:-
Designation:-
Contact Phone:-
Email-ID:-
Date:-
Witness-1
Signature:-
Name:-
Designation:-
Contact Phone:-
Email-ID:-
Date:-
Witness-1
Signature:-
Name:-
Designation:-
Contact Phone:-
Email-ID:-
Date:-
For<Consortium Partner-1>
Signature of Authorized Signatory
Name:-
Designation:-
Contact Phone:-
Email-ID:-
Date:-
Witness-1
Signature:-
Name:-
Designation:-
Contact Phone:-
Email-ID:-
Date:-
Witness-1
Signature:-
Name:-
Designation:-
Contact Phone:-
Email-ID:-
Date:-
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Section 7 (F)
DEED OF INDEMNITY
(On non-judicial stamp paper of appropriate value)
This DEED OF INDEMNITY is executed on this date ________‟13 , by
1. <<Name of the Bidder>>, a company registered under the Companies Act,
1956 and having its registered office at <<Address of the Bidder>> acting
through << Authorized Signatory>> is hereinafter, for the purposes of this
Deed of Indemnity, be collectively referred to as „__________ or „Bidder‟ is
authorized representative, authorized to execute this Deed of Indemnity on
behalf of the _________ or „Bidder‟.
TO AND IN FAVOUR OF
Bharat Sanchar Nigam Limited, through the General Manager MM BSNL Corporate
Office (hereinafter referred to as the Purchaser which expression shall unless
repugnant to the context or meaning thereof mean and be deemed to include its
authorized representatives and permitted assigns) On the Other Part.
WHEREAS
(a) The Purchaser had invited bids vide their Tender No …………………………………..
DATED ………………… (hereinafter referred to as „Tender‟) for the purpose of
Providing ______________ Service through Bidder on revenue share basis.
(b) The Bidder (Bidder) had submitted its proposal dated ___ (hereinafter
referred to as the „Bid‟) for the provision of such services in accordance
with its proposal as set out in its Bid and in accordance with the terms and
conditions of the Tender.
(c) The Tender Document requires the Bidder (Bidder) to indemnify the
Purchaser against all third party claims of infringement of patent,
trademark or industrial design rights arising from use of goods or any part
thereof in the mentioned work.
(d) The Bidder has in order to comply with the terms of the Tender agreed to
execute the Deed of Indemnity on such terms and conditions more fully
mentioned below.
NOW THIS DEED OF INDEMNITY WITNESSETH AS FOLLOWS:
1. The Bidder (Bidder) shall, in consideration of the Purchaser making payment
under and in accordance with the Tender Document, hereby agrees to
indemnify the Purchaser against any costs, loss, damages, and claims from
third parties or liabilities suffered by the Purchaser and directly arising out of
the following reasons:
a. 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 Bidder (Bidder) or any sub-contractor during the course
of performance of the Services.
b. Any litigation arising out with the original software solution provider in
case of bundled software for which separate licenses would otherwise
have been required.
c. The Bidder (Bidder) shall protect, defend, indemnify and hold harmless
to BSNL and its employees, officers, Directors, agents or
representatives from and against any and all liabilities, damages, fines,
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penalties and cost (including legal costs and disbursements) arising
from:
I. Any breach of any statute, regulation, direction, orders or
standards from any governmental body, agency or regulator
issued with respect to the product/services being
supplied/provided under this Tender.
II. Any claim made by third parties arising out of the use of the
services of BSNL being provided using the equipment supplied
under the Tender to the extent these are attributable solely to
the poor quality or non-compliance of the products/services to
the respective specifications.
III. Any claims arising from the customers or other service providers
in connection with interruptions or degradation of Services due
to non-availability of services beyond the stipulated time frame
as contained in AMC and solely attributable to the bidder of the
product and services under this Tender.
IV. Any claim that the equipment/ services or any value addition
component offered and supplied by the bidder in this Tender,
infringe any patent, trademarks or copyrights of any third party.
2. This Deed of Indemnity shall stand terminated on expiry of or early
termination of the contract period as envisaged in the above said Tender
requirement.
3. The Deed of Indemnity shall constitute the entire indemnity provided by the
Bidder (Bidder) for the indemnities asked in this Tender.
4. This Deed of Indemnity shall be governed by and construed in accordance
with Indian law.
(Authorized Signatory)
Date:
Place:
<< Name of the Bidder>>
Witness 1:
Witness 2:
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SECTION-7 (G)
Support Certificate
(To be given by all OEMs)
To
The _______________ (Tendering Authority)
___________Telecom Circle/ District
________________(Address 1)
________________(Address 2)
Subject: Support for Turnkey Implementation, Operation and maintenance.
Sir,
It is to certify that the following hardware/software, for which M/s ……………. is the
OEM, has been quoted in our (M/s ……..name of the bidder………) bid.
S.N. All Hardware/ Network/ Software System Model/ Version
1
2
3
…
We undertake to provide the following:
1. Full Professional Service Support for turnkey implementation of the project
covering all the above hardware/network/ software components, their Design,
Planning, Supply, Installation, customization, commissioning, integration with
other components of the project, migration, training, Operation and
maintenance for Ten years of above mentioned IT system and project
completion within the time schedules specified in the tender document.
2. Preparation of all the documentation pertaining to planning, design,
engineering, customization, integration, installation, operations and
maintenance.
3. Support for operation, maintenance and upgrades are available as per terms
and conditions for the Term as mentioned in the Tender no ___________,
dated ________ from the date of commissioning.
4. Applications shall be supported on the given platform for the next 6 years with
effect from the commissioning of phase-I, and that upgrades shall be made
available on this platform for this period.
We also certify that the agreement in the above respect has already been signed with
the OEM.
___________________________________
Signature of Authorized signatory of Bidder
________________________________________________________
Signature of Authorized signatory of OEM/ Country Manager of OEM
Name
Designation
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SECTION-7 (H)
Teaming Agreement
Consituents of Teaming Agreement:
1. Bidder is required to sign separate teaming agreement with each partner
which is to be signed jointly by the authorized signatories of the Bidder and
the technology partner/ ISV. No specific format for teaming agreement is
proposed and it shall be SI‟s responsibility to word the teaming agreement.
2. Teaming agreement shall necessarily have Annexure -A and Annexure -B as
the integral part of the teaming agrement failing which the bid will be
rejected.
3. Responsibilities of software solution provider, which are to be incorporated in
the teaming agreement are provided under Annexure -B.
4. Clauses provided under Annexure -B shall be replaced by relevant clauses in
respect of Hardware, Networking and other Bidders in their respective
teaming agreements.
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Annexure-A
Bidder shall have following obligations:
1. Provide a complete turnkey implementation and assume responsibility for all
integration and implementation issues in order to deliver an operable system
as per the scope of work defined in tender no. _____________________
2. To host the hardware in data center and software required for all applications
enumerated in this tender.
3. Supply of all the software solutions as listed in the tender document along
with any other software required to run various sub-system of the data center
as per the design and architecture of the end to end solution.
4. Configuration, Customization & Dry run of proposed IT system as per the
business processes frozen.
5. Collection of Data from the various systems and its migration to the new IT
system.
6. Regular run & Start of Operation of the software system with data migrated
from existing system.
7. Establishment of Disaster recovery infrastructure at each Data Centre with
other Data Center forming the pair.
8. Data Centre Operation in association with BSNL officials posted at DC during
and after the commissioning of Data Center as per detail given in this tender
elsewhere.
9. Training to BSNL staff
10. Provide Support Service for the entire system of the DC.
11. Furnish detailed Statement of Work comprising following essentials:
i. Project Scope
ii. Phase wise :
(a) Responsibility matrix
(b) Breakup of work
(c) Deliverables
(d) Program Management Team
(e) Detailed Time lines
12. To ensure the completion of the entire implementation within the scheduled
time frame (phase wise) as mentioned in the tender fulfilling the entire tender
terms and conditions.
13. To ensure the system performance as per specification.
14. Design the System ensuring redundancy at all critical points to achieve set
system level performance.
15. Provide suitable flexibility in the system to cater to the evolving needs during
the operation phase.
16. Deployment of a strong operations team with relevant domain expertise
during the execution and operation.
17. Offer proven solution Architecture for all hardware and software component of
the project and provide strong local support
18. Bidder shall ensure availability of Subject Matter Expertise on site from SSP.
This is mandatory and Bidder shall commit adequate resources and skill sets
to ensure from the SSP for the project by a signed declaration detailing the
quality and quantum of SSP subject matter expertise with relation to skill sets
and experienced resource for the successful implementation ad operations of
the offered solution. This shall be made available for entire duration of the
tender (Term). The same shall be covered contractually.
19. Provide an overall Project Plan showing a timetable for the proposed phases.
A list of project phases will be provided, to include at least the following:
i. Functional Specification and Business Models Mapping
ii. Environment set-up
iii. Product Installation, Configuration
iv. Implementation GUI and Reference Tables
v. Training
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vi. Acceptance Tests (preparation & execution)
vii. Production/Rollover
20. Once the implementation starts following activities are to be taken care by the
Bidder along with the Software Solution Provider/ISV and / or its partners:
i. Interact with BSNL SMEs (Subject Matter Experts) to finalize the
requirements
ii. Capture the business process in designed templates
iii. Translate the business process into exact requirements
iv. Provide a gap register keeping in view the requirements and product
features
v. Offsite configuration and testing
vi. Ensure all captured requirements shall either exist in the code or will
be built in to the code
vii. Detail list of all modules required to be implemented
viii. Installation of the software at all the sites
ix. Provide all services related to installation, configuration and
customization of the software
x. Rules configuration
xi. Provide the audit and test plans including the production acceptance
testing criteria
xii. Conduct testing of the software including the unit and system testing
in the development environment
xiii. Provide all services related to re-configuration and customization
xiv. Provide training plan for BSNL staff inclusive of overview, Reporting,
System administration, etc
xv. Training of BSNL nominees at the development centers or any other
location as per details specified elsewhere.
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Annexure-B
Software Solution provider (SSP)/Independent Software Bidder (ISV) shall
have following obligations:
1. Bidder shall ensure that SSP provides the following deliverables for the
software solution offered in the bid. The agreement between SI and SSP shall
include the following, apart from other items:
2. Software solution provider shall have to give skill set requirements from its
own perspective and from SI‟s perspective.
3. Software solution provider shall clearly specify the parameters responsible for
performance.
4. Sizing has to be done exactly as per the software solution provider‟s
recommendation.
5. Software Solution Provider has to give a Certificate of Satisfaction with
respect to all the parameters concerning sizing and performance.
6.1 SSP shall train the BSNL Training team
6. Availability of Subject Matter Expertise on site from SSP. This is mandatory
and SSP shall commit adequate resources and skill sets to ensure successful
implementation ad operations of the offered solution.
A minimum number of SME expertise shall be made available for entire
implementation duration. The same shall be covered contractually.
7 Identified SMEs to be attached with respective SIs for the period of
delivery or up to an identified milestone.
8 Designated SSP representative shall be available for all Project steering
committee meetings.
7. Review of Statement of Work created by SI
8.1 SSP representative shall have to go through the functionalities highlighted in
the SOW and shall have to be a signatory along with the SI.
8.2 SSP shall have to authorize the customizations. SSP will have to provide a
guarantee that the Customizations being done would be supportable by
subsequent upgrades. In case of customizations that require touching the core
same would have to be pointed out to BSNL.
8.3 SSP shall have to accept the Interface details, giving consent to overall design
before Bidder can implement the same on the production environment
8. Training & Documentation on APIs available – SSP shall enable the SI to use
the API for plugging on customizations or interfaces to third party solution. In
case APIs need to be modified or new APIs need to be created to enable
customization/ interface the primary responsibility for this will be with the
SSP. The new APIs created/modified shall be supported by subsequent
upgrades.
9. SSP shall give an undertaking that the SLA applicable to their solution will be
supportable. SSP shall give undertaking that current version of the software
will be supported for the Term of the agreement as described in this Tender
excluding the contract implementation period, else if unsupported, the current
version will be upgraded to the latest version at no additional cost to BSNL
10. The SSP shall clearly define its policy of releasing major and minor version
each year. The implementation shall be based on a product configuration with
a clear product roadmap for next three years.
11. Shall deliver the following to the Bidder for finally delivering to BSNL:
11.1 Licensed copy of all SSP applications that are within the scope of
implementation by SI.
11.2 Licensed copy of development and runtime versions of the offered solution
and other products bundled with the application.
11.3 List and specifications of all available APIs in each version.
11.4 Installation Scripts for all SSP applications that are within the scope of
implementation by SI
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11.5 Product Specifications of all SSP applications that are within the scope of
implementation by SI.
11.6 User Manuals (hard & soft copy)
11.7 Functional Overview Manual
11.8 Operations Manuals
11.9 System Administration Manuals
11.10 Business process guide
11.11 Reporting reference guide
11.12 Screens reference guide
11.13 Training Brochure containing details of training programs to be offered (hard
& soft copy)
11.14 Training Kit for training of SI personnel
11.15 Hardware Specifications meeting the Sizing & SLA requirements
11.16 List of Third-Party Software supplied against this tender.
11.17 Benchmark Reports on Supported Platforms
11.18 Guaranteed response times for typical OLTP and batch transactions on various
configurations of the suggested hardware.
11.19 Product Road Map document
11.20 Warranty, Post Warranty, and Operational Support programs offered by SSP –
including commercial implications, SLA and availability of local support
facilities. This shall include problem resolution, application maintenance,
change requests, as well as policy for upgrades and updates
11.21 Before Commencing Project SI shall have to give an undertaking of having
received & understood the material mentioned above.
11.22 Along with the bid document, the bidder shall have to submit a certificate as
given at section 7 (G) with regard to professional service support from all the
OEM partners, duly signed by the authorized signatory of the bidder and the
authorized signatory/ Country Manager of the OEM.
11.23 The bidder shall furnish, along with the bid document, a Certificate from the
Application OEM with regard to hardware and storage sizing of the application
provided by the OEM.
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SECTION-8
Tenderer/ Bidder‟s Profile & Questionnaire
(To be filled in and submitted by the bidder) A) Tenderer‟s Profile
1. Name of the Individual/ Firm: ………………………………………………
2. Present Correspondence Address …………………………..………………
…………..…………………………………………………………………………
…………………………..…………………………………………………………
Telephone No. …………………………….. Mobile No. ………………………... FAX No.
…………………………………………………………………………
3. Address of place of Works/ Manufacture
……….…………….………………………………………………. …………………
………………….………………………………………………………………………
Telephone No. ..……………………….. Mobile No. ……………………………
4. State the Type of Firm: Sole proprietor-ship/partnership firm / (Tick
the correct choice): Private limited company.
5. Name of the sole proprietor/ partners/ Director(s) of Pvt. Ltd Co.:
S. No. Name Father‟s Name Designation
1.
2.
3.
4.
5.
6. Name of the person authorized to enter into and execute contract/ agreement
and the capacity in which he is authorized (in case of partnership/ private Ltd
company):
………………………………………………………………………………………………………………………………
…..………………………………………………………….
7. Permanent Account No. : ………………………………………………………
8. Details of the Bidder‟s Bank for effecting e-payments:
(a) Beneficiary Bank Name:………………………………
(b) Beneficiary branch Name:…………………………….
(c) IFSC code of beneficiary Branch……………………..
(d) Beneficiary account No.:……………………………….
(e) Branch Serial No. (MICR No.):………………………...
9. Whether the firm has Office/ works (i.e. manufacture of the tendered item) in
Delhi? If so state its Address
………………………………………………………………………………………………………………………………
…………………………………………
Place…………………. Signature of contractor
………………………
Date …………………. Name of Contractor
……………………………
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SECTION-9 Part - A
BID FORM
From To
…………………………….. Addl.GM (MM-Ent.), BSNL Corporate
Office
…………………………….. II Floor, Bharat Sanchar Bhawan,
…………………………….. HCM Lane, Janpath NewDelhi-1
Bidder‟s Reference No:……………....………………… …Dated…………………….
Ref: Your Tender Enquiry No. …………………………………dated …………………
1. Having examined the above mentioned tender enquiry document including
amendment/ clarification/ addenda Nos. ...................... dated ……………..
……………the receipt of which is hereby duly acknowledged, we, the undersigned,
offer to supply and deliver .............................................. in conformity with
the said drawings, conditions of contract and specifications for the sum shown in
the schedule of prices attached herewith and made part of the financial Bid.
2. Bid submitted by us is properly sealed and prepared so as to prevent any
subsequent alteration and replacement.
3. we, the undersigned, offer to design, execute and complete the Works of
Telecom Convergent Billing & Customer Care System in conformity with the
said bidding documents.
4. We undertake, if our Bid is accepted, to complete the Works in accordance
with the above-named documents within the Time for Completion. We
guarantee that the Works will then conform to the Performance SLAs included
in this Tender.
5. We agree to abide by this Bid for a period of 180 days from the date fixed for
Bid opening or for subsequently extended period, if any, agreed to by us. This
bid shall remain binding upon us up to the aforesaid period.
6. We understand that you are not bound to accept the lowest or any bid, you may
receive.
7. If our Bid is accepted, we will provide you with a performance guarantee from a
Scheduled Bank for a sum INR 5 Crore for the due performance of the contract.
8. If our Bid is accepted, we undertake to complete delivery of all the items and
perform all the services specified in the contract in accordance with the time-
lines specified in the tender.
9. Until a formal Purchase Order of Contract is prepared and executed, this Bid
together with your written acceptance thereof in your notification of award shall
constitute a binding contract between us.
Dated: ....... day of ................... 20…
Witness Name …………………………….. Name ……………………………..
Signature…………………………. In the capacity of
………………………….
Duly authorized to sign the bid for and on behalf of ..............................................
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SECTION 9 PART B
Bid Price Form (Price Schedule)
I/ We/ M/s………………………………………………………………………………seek
following fees for offering the applications and systems to BSNL:
1. Bidder Quote of Fee
NOTE: The fee quoted shall be on the aggregate volume of all LOB (Wireless, Wire-
line, Broadband, Enterprise). The fee shall include prices related to software license /
hardware / maintenance / deployment services / operational services as stated in the
scope of this tender
1.1 Subscriber Registration Management
Base Reference Volume
(per annum)
Fee (to be quoted in INR
up to two decimal places)
- Price Per Subscriber
on-boarded
Fee (expressed in words)
12 Million subscribers per
annum
1.2 Migration of e-CAF (Electronic CAF)
Base Reference Volume Fee (to be quoted in INR
up to two decimal places)
– Price per e-CAF
Fee (expressed in words)
75 Million e-CAF‟s 30% * Fee quoted in
clause 1.1 above
1.3 Scanning and Digitization Services
Base Reference Volume Fee (to be quoted in INR
up to two decimal places)
Price per CAF
Fee (in words)
25 million CAF to be
scanned and digitized
1.4 Subscriber Bill Presentment
Base Reference Volume
(per annum)
Fee (to be quoted in INR
up to four decimal places)
- Price Per CTN
Fee (expressed in words)
180 Million Bills per annum
1.5 Inbound/ Outbound Communications
Base Reference Volume
(per annum)
Fee (to be quoted in INR
up to four decimal places)
- Price Per Mile – Price
Fee (expressed in words)
Draft tender for consultation on Customer Acquisition & Customer Communication Management system
Page 104 of 104
per 1000 inbound / out
bound communications
360 Million inbound /
outbound communication
Per annum
We have taken Note of the following:
1. * The fee shall be limited to four decimal points only. Any figure after
four decimal points shall be ignored for all purpose.
2. In case of variation between fee mentioned in figures & words, the fee
mentioned in words shall prevail.
We hereby confirm that the price quoted here fully reflect all our Statement
of Compliance (SOC) in the Functional SOC, Key Parameters of System
Design SOC, and Technical SOC, and all the quantities and bill of materials
for each item. Therefore, we assure that the System / Solutions /
Equipment would be operational without additional cost to BSNL as per
terms and conditions of the tender.
(Signature of Authorized Signatory)
Name…………………………………
Official Seal
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Page 105 of 105
SECTION-10
Annexure 1-A
CLIENT CERTIFICATE
This is to certify that M/s …………………………… have executed Customer Acquisition &
Customer Communication management System for ………………………………… (Telecom
service provider name) and the below mentioned application(s) is live and running
since …………
Organization name (Telecom service provider
name)
Location and Address
Name, title of the authorized person of the
service provider
Number of Wireless/Wireline subscribers of
telecom provider covered by Customer
Acquisition & Customer Communication
management system executed by M/s
……………………….
Name of the Customer Acquisition System
Name of the Customer Communication
management system
Dated this ________________ day of ________________ 201_
(Signature of Telecom Service Provider authorized person with Name, Designation
and contact details
[Signature of Bidder authorized signatory] in the capacity of
(Designation)
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SECTION-10
Annexure II-A
Number of Telecom OPERATORS for QUOTED system
(To be provided by the ISV firm on its letterhead)
This is to certify that the below given are the list of Telecom operators worldwide
where the offered Customer Acquisition Management System and / or Customer
Communication Management System (generic, any version) of our firm M/s
………………………….. is in active production deployment serving the needs of the
telecom service provider as of date
Telecom Service
Provider name
Location and
Address
Name, title of the
contact person of
the service
provider (Please
provide phone
number if
available)
Customer
Acquisition
management
system and / or
Subscriber
Communication
management
system (Name
and version)
Dated this ________________ day of ________________ 201_
[Signature of ISV firm authorized signatory with Name, Designation and contact
details]
[Signature of Bidder authorized signatory] in the capacity of
(Designation)
Draft tender for consultation on Customer Acquisition & Customer Communication Management system
Page 107 of 107
SECTION-10
Annexure II-B
Number of Telecom Operators where quoted Customer Acquisition Management System is in
active deployment
(To be provided by the ISV firm on its letterhead)
This is to certify that the below given are the list of Telecom operators worldwide
where the offered Customer Acquisition Management system (generic, any version)
of our firm M/s ………………………….. is in active production deployment serving the
needs of the telecom service provider as of date
Telecom Service
Provider name
Location and
Address
Name, title of
the contact
person of the
service
provider
(Please
provide phone
number if
available)
Customer
Acquisition
management
system
Application
(Name and
version)
Date of “go
Live”/
Production
Usage
Dated this ________________ day of ________________ 201_
[Signature of Customer Acquisition management system ISV firm authorized
signatory with Name, Designation and contact details]
[Signature of Bidder authorized signatory] in the capacity of
(Designation)
Draft tender for consultation on Customer Acquisition & Customer Communication Management system
Page 108 of 108
SECTION-10
Annexure II-C
Maximum number of Subscribers on-boarded per day by a single active installation of the offered
CUSTOMER Acquisition management system in A TELECOMMUNICATION service provider
environment
(To be provided by the ISV firm on its letterhead)
This is to certify that the below given is the telecom service provider‟s name where
maximum number of subscribers on-boarded per day by a single active installation of
the offered Customer Acquisition management system of our firm M/s
………………………….., in a telecommunication service provider environment worldwide
Telecom Service
Provider name
Location and
Address
Name, title of
the contact
person of the
service
provider
(Please
provide phone
number if
available)
Customer
Acquisition
management
system
Application
(Name and
version)
No. of users
On-boarded
per day
Dated this ________________ day of ________________ 201_
[Signature of Customer Acquisition management system ISV firm authorized
signatory with Name, Designation and contact details]
[Signature of Bidder authorized signatory] in the capacity of
(Designation)
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Page 109 of 109
SECTION-10
Annexure II-D
Maximum number of users supported by Subscriber Acquisition Management System
(To be provided by the ISV firm on its letterhead)
This is to certify that the below given is the telecom service provider‟s name where
maximum number of users supported by single active installation of the Customer
Acquisition management system of our firm M/s ………………………….., in a
telecommunication service provider environment worldwide
Telecom Service
Provider name
Location and
Address
Name, title of
the contact
person of the
service
provider
(Please
provide phone
number if
available)
Customer
Acquisition
management
system
Application
(Name and
version)
Maximum no.
of users
supported
Dated this ________________ day of ________________ 201_
[Signature of Customer Acquisition management system ISV firm authorized
signatory with Name, Designation and contact details]
[Signature of Bidder authorized signatory] in the capacity of
(Designation)
Draft tender for consultation on Customer Acquisition & Customer Communication Management system
Page 110 of 110
SECTION-10
Annexure II-E
No. of Telecom Operators where Subscriber Communication Management System is in Active
Production
(To be provided by the ISV firm on its letterhead)
This is to certify that the below given are the list of Telecom clients worldwide that
the offered Subscriber communication management system (generic, any version) of
our firm M/s ………………………….. is in active production deployment serving the
subscriber communication needs of telecommunication service providers as of date
Telecom Service
Provider name
Location and
Address
Name, title of
the contact
person of the
service
provider
(Please
provide phone
number if
available)
Subscriber
communication
management
system
Application
(Name and
version)
Date of “go
Live”/
Production
Usage
Dated this ________________ day of ________________ 201_
[Signature of Subscriber Communication management system ISV firm authorized
signatory with Name, Designation and contact details]
[Signature of Bidder authorized signatory] in the capacity of
(Designation)
Draft tender for consultation on Customer Acquisition & Customer Communication Management system
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SECTION-10
Annexure II-F
Maximum Number of Statements per month by single active installation of Customer
Communication management System
(To be provided by the ISV firm on its letterhead)
This is to certify that the below given are the list of Telecom clients worldwide that
the offered Subscriber communication management system (generic, any version) of
our firm M/s ………………………….. is in active production deployment serving the
subscriber communication needs of wire-line line of business of telecommunication
service providers as of date
Telecom Service
Provider name
Location and
Address
Name, title of
the contact
person of the
service
provider
(Please
provide phone
number if
available)
Subscriber
communication
management
system
Application
(Name and
version)
Monthly
Volume of
(eBill/Print)
statements
sent to
Subscriber
Dated this ________________ day of ________________ 201_
[Signature of Subscriber Communication management system ISV firm authorized
signatory with Name, Designation and contact details]
[Signature of Bidder authorized signatory] in the capacity of
(Designation)
Draft tender for consultation on Customer Acquisition & Customer Communication Management system
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SECTION-10
Annexure II-G
Maximum number of Inbound / Outbound communications sent to Subscribers per month by a
single active installation of the offered Subscriber COMMUNICATION management system in A
TELECOMMUNICATION service provider environment
(To be provided by the ISV firm on its letterhead)
This is to certify that the below given is the telecom service provider‟s name where
maximum number of inbound / outbound communications sent to subscribers per
month by a single active installation of the offered Subscriber Communication
Management system of our firm M/s ………………………….., in a telecommunication
service provider environment worldwide
Telecom Service
Provider name
Location and
Address
Name, title of
the contact
person of the
service
provider
(Please
provide
phone
number if
available)
Subscriber
Communication
Management
System
Application
(Name and
version)
Maximum No. of
Inbound /
Outbound
Communications
sent
Dated this ________________ day of ________________ 201_
[Signature of Subscriber Communication management system ISV firm authorized
signatory with Name, Designation and contact details]
[Signature of Bidder authorized signatory] in the capacity of
(Designation)
Draft tender for consultation on Customer Acquisition & Customer Communication Management system
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Section 11
NON-DISCLOSURE AND CONFIDENTIALITY AGREEMENT
THIS NON-DISCLOSURE AND CONFIDENTIALITY AGREEMENT (“Agreement”) is
made as of the ___ day of ___________, 20__
BY AND BETWEEN:
__________, a corporation organized and existing under the laws of
____________, having its principal offices at
_____________________________________ (hereinafter referred to as
“COMPANY”)
AND
__________, a corporation organized and existing under the laws of ____________,
having its principal offices at _____________________________________
(hereinafter referred to as “BIDDER”)
WHEREAS COMPANY is the owner and/or the author of and/or has the rights to
disclose certain valuable proprietary documentation and business and technical
information relating to its current and future business plans, which are not generally
available to the public and which COMPANY may desire to protect against
unrestricted disclosure, all of which are referred to in this Agreement as the
“COMPANY Proprietary Information”; and
WHEREAS BIDDER (or any of its affiliated companies) is the owner and/or author of
and/or has the rights to license certain valuable proprietary routines, computer
programs, documentation, trade-secrets, systems, methodology, know-how,
marketing and other commercial knowledge, techniques, specifications, plans and
other proprietary information, including but not limited to material associated with
and forming part of the proprietary software systems of BIDDER known as
[__________], all of which are referred to in this Agreement as the “BIDDER
Proprietary Information”; and
WHEREAS COMPANY has issued an RFP for the provision of a _______________
system, and BIDDER would like to respond to the RFP, and thereafter the parties
may, if agreed between them, enter into an agreement for the provision of licenses
and/or services by BIDDER to COMPANY (the RFP, BIDDER‟ response thereto, and
such agreement, if any, are hereinafter referred to as the “Project”); and
WHEREAS each party may, in connection with the Project, disclose to the other
party information which is part of its Proprietary Information and, therefore, the
parties wish to set forth the manner in which the COMPANY Proprietary Information
and the BIDDER Proprietary Information will be treated during the Project;
NOW THEREFORE, in consideration of the mutual agreements contained herein, the
parties agree as follows:
1. The term “Proprietary Information”, whenever relating to COMPANY‟S
information, shall mean the COMPANY Proprietary Information and whenever
relating to BIDDER‟ information, shall mean the BIDDER Proprietary
Information.
2. The receiving party agrees to hold in confidence the disclosing party‟s
Proprietary Information, and to refrain from copying, distributing, disseminating
or otherwise disclosing such Proprietary Information to anyone, other than to
those of its employees who have a need to know such Proprietary Information
for purposes of the Project. For purposes of this Agreement BIDDER‟ employees
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Page 114 of 114
are deemed to include employees of its affiliates who will be involved in the
Project.
3. The receiving party undertakes not to use the Proprietary Information of the
disclosing party for any purposes other than the Project, and not to sell, grant,
make available to, or otherwise allow the use of the disclosing party‟s
Proprietary Information by any third party, directly or indirectly, except as
expressly permitted herein.
4. In addition, COMPANY undertakes not to use, directly or indirectly, the BIDDER
Proprietary Information or any derivatives thereof in any form (e.g., reports and
analyses) (which derivatives are also deemed Proprietary Information of
BIDDER) in the development and/or sale of software systems, either for itself or
for a third party.
5. Upon the termination and/or expiration of this Agreement for any reason and/or
upon the conclusion of the Project and/or at the request of the disclosing party,
the receiving party shall:
(a) return to the disclosing party any document or other material in tangible
form in its possession being part of the Proprietary Information of the
disclosing party, unless otherwise agreed upon in writing between the
parties; and/or
(b) destroy any document or other material in tangible form that contains
Proprietary Information of the disclosing party and the receiving party;
and
(c) confirm such return and/or destruction in writing to the disclosing party.
6. Disclosure of the disclosing party‟s Proprietary Information to the receiving party
may only be made in writing or other tangible or electronic form that is marked
as proprietary and/or confidential information of the disclosing party, or occur
by demonstration of any product within the BIDDER products.
7. Disclosure of the disclosing party‟s Proprietary Information to the receiving party
shall in no way serve to create, on the part of the receiving party, a license to
use, or any proprietary right in, the disclosing party‟s Proprietary Information or
in any other proprietary product, trademark, copyright or other right of the
disclosing party.
8. The confidentiality obligations of the receiving party regarding the disclosing
party‟s Proprietary Information shall not apply to such Proprietary Information
which:
(a) becomes public domain without fault on the part of the receiving party;
(b) is lawfully obtained from a source other than the disclosing party, free of
any obligation to keep it confidential;
(c) is previously known to the receiving party without an obligation to keep it
confidential, as can be substantiated by written records;
(d) is expressly released in writing from such obligations by the party that
owns or has the rights to such Proprietary Information; or
(e) is required to be disclosed pursuant to law, regulation, judicial or
administrative order, or request by a governmental or other entity
authorized by law to make such request; provided, however, that the
receiving party so required to disclose shall first notify the disclosing party
to enable it to seek relief from such requirement, and render reasonable
assistance requested by the disclosing party (at the disclosing party‟s
expense) in connection therewith.
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9. Any use by the receiving party of the disclosing party‟s Proprietary Information
permitted under this Agreement is conditioned upon the receiving party first
taking the safeguards and measures required to secure the confidentiality of
such Proprietary Information. Without limiting the generality of the foregoing,
each party shall draw to the attention of its employees, including those
employees of the affiliates referred to in Section 2 above, who shall have access
to the Proprietary Information of the other party, all the obligations concerning
such Proprietary Information contained in this Agreement
10. This Agreement shall be in full force and effect for a period of seven (5) years
commencing on the date first stated above. However, the provisions of Sections
3, 4 and 7 above shall survive the termination and/or expiration of this
Agreement for any reason.
11. Each party acknowledges that its breach of this Agreement may cause the other
party extensive and irreparable harm and damage, and agrees that the other
party shall be entitled to injunctive relief to prevent use or disclosure of its
Proprietary Information not authorized by this Agreement, in addition to any
other remedy available to the other party under applicable law.
12. This Agreement constitutes the entire agreement between the parties and
supersedes any prior or contemporaneous oral or written representation with
regard to the subject matter hereof. This Agreement may not be modified
except by a written instrument signed by both parties.
13. If, however, any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid or unenforceable, such invalidity or
unenforceability shall not invalidate or render unenforceable the entire
Agreement, but rather the entire Agreement shall be construed as if not
containing the particular invalid or unenforceable provision or provisions, and
the rights and obligations of the parties shall be construed and enforced
accordingly. In addition, the parties agree to cooperate to replace the invalid or
unenforceable provision(s) with valid and enforceable provision(s) which will
achieve the same result (to the maximum legal extent) as the provision(s)
determined to be invalid or unenforceable.
14. This Agreement shall be governed by and construed under the laws of the
Republic of India., without giving effect to such laws‟ provisions regarding
conflicts of law.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
date first stated above.
________________________ ________________________.
(“COMPANY”) (“BIDDER”)
By: _____________________ By: ______________________
Name: _____________________ Name:
______________________Title: _____________________ Title
______________________Date: _____________________ Date:
______________________