expression of interest (eo i) to provide data clearing...

EOI No : Mob-39/Roaming DCH RFP/2015/13

Signature of the authorized

representative of the bidder

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EXPRESSION OF INTEREST (EO I) TO PROVIDE DATA CLEARING HOUSE SERVICES FOR NATIONAL & INTERNATIONAL ROAMING

1.1 BSNL, is operating its GSM based mobile services & CDMA based WLL services across the whole of India, except in Delhi and Mumbai, and has a wireless subscriber base of more than 80 million (about 91% pre-paid) and CDMA subscriber base of over 5 million. Recently, Wi-Max Technology has also been introduced. BSNL invites proposal from interested eligible firms/ companies (Service Provider) for Clearing House Services for Roaming basically for:- (i) In Roaming and Out Roaming with foreign operators in respect of direct

roaming agreements of BSNL with foreign operators.

(ii) In Roaming and Out Roaming with any other operator for national roaming.

1.2 BSNL reserves the right to award the work of either national roaming or

international roaming or both to the successful bidder and he will have to accept the same.

2. DETAILS OF PRESENT NETWORKS OF BSNL: -

(i) The 21 Licensed Service Areas (LSAs) of BSNL have been grouped together into 4 Zones namely North, South, East and West. The locations of GSM Billing centers of BSNL and the zones they cover are as follows:-

S.N. Location of Billing Centre Region covered 1. Chandigarh North 2. Pune West 3. Kolkatta East 4. Trichy South

(ii) Presently BSNL has GSM switches of Erricson, Nokia, Nortel, Lucent, Alcatel, Seimens, Huwaei, ZTE make. Mediation is of Comverse and Hughes make.




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(iii) Presently, FMCC ( Fraud Management and Control Center) of BSNL is in all four Zones.

Note :- The present BSNL network architecture / details is for information only. The same is subject to change / augmentation without notice and the Service provider is required to ensure uninterrupted service as and when there is any change in the same. (iv) For International Roaming BSNL has direct agreements with foreign

operators. The commercial launch of roaming with foreign operators via direct agreements is progressively increasing. The clearing house services are inter-alia, required for Direct International Roaming agreements of BSNL with foreign operators.

(v) Presently, BSNL has national Roaming facility for Delhi and Mumbai

license service areas. The said roaming is via MTNL (A licensed CMTS Service provider for Delhi and Mumbai Service Areas). Further the DCH work for national roaming with MTNL is fully at discretion of BSNL. Roaming of BSNL subscribers within the LSAs of BSNL will not be routed via the clearing house and is not within the scope of work.

(vi) At present, International TAP Out files generated by the various billing

centers are sent to West Bengal Circle. West Bengal Circle aggregates the files from the various billing centers and sends them to clearing house up-to 4 times in a day for further processing and sending to the respective foreign operators.

(vii) For direct International Roaming, West Bengal LSA of BSNL is the

Nodal Service Area for whole of BSNL. The IMSI to be used by BSNL subscribers for roaming abroad will have MCC=404 and MNC=74 (pertaining to West Bengal LSA) irrespective of the actual LSA they belong to within BSNL. (The subscribers have a different IMSI for roaming within India i.e. the IMSI with MCC, MNC of home LSA). Such an arrangement has been done so as to have just one set of TADIG and IREG testing, one set of TAP files exchange with foreign operators for International Roaming for whole of BSNL.

(viii) In view of para (vii) above, TAP IN files are required to be split by the

Service Provider based on IMSI (IMSI Splitting ) so as to route the TAP IN files to the relevant billing centers for billing of BSNL subscribers for their usage in abroad. The IMSI splitting as well as the periodic report will be done / provided by the service provider as per requirement specified by BSNL from time to time.

(ix) Presently as per guidelines of Govt. of India, subscribers of foreign

operators are not allowed to roam in North East, Assam and J&K LSAs.




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However post paid subscribers of these LSA are permitted to roam in foreign networks.

(x) BSNL reserves the right to enter into piggy backing agreement with other operators (not BSNL), wherein these other operators would use the international bilateral agreements of BSNL (INDWB with MCC=404, MNC=74) agreement . In such an event, unique groups of IMSI would be allotted to these other networks piggybacking on BSNL network and para(vii) & (viii) above would be equally valid and applicable for such piggybacked network. Presently, such an arrangement is in place with MTNL for Delhi and Mumbai service areas

3. PROPOSED CONNECTIVITY WITH THE SERVICE PROVIDER

It is proposed to have connectivity with each of the billing centers and FMCC of BSNL at each Zone. Service provider will have one POP in India at his own cost. BSNL will arrange for connectivity of required bandwidth to the said POP of the service provider in India at BSNL’s cost from its MPLS VPN network. The service provider will have to suitably augment his POP as and when required, depending on traffic in order to maintain QoS, time schedules for exchange of TAP and NRTRDE files and to minimize delay. CDRs, TAP, NRTRDE files for National roaming are to be processed in India by Service Provider.

4. SCOPE OF THE WORK:

The work by the Clearing House shall comprise the activities as stated in Annexure I, which are indicative but not exhaustive.

5. ELIGIBLITY CRITERIA: The eligibility criterion will be as following: 5.1 The bidder company should be an established clearing house for GSM

National/ International roaming and should be providing the same services to BSNL / other GSM Operator(s) continuously for minimum one year on the last date of submission of Proposal against this EOI document. In case the bidder company wishes to enter into an agreement with any company registered in India to meet the requirement stated in Clause 4 above, then the same is permitted. However, the sole responsibility for the entire scope of work will be that of the bidder company.

5.2 The bidder company shall have annual turnover of at least Rupees 10 Crore (Rupees ten crore only) during each of the financial year 2012-13 and 2013-14. This should be supported by the audited annual report along with a certificate from the auditors of the bidder company.




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5.3 The bidder company/ its co-partner should not be a Licensed Telecom Service Provider to provide Basic Services/ Cellular Telephony Services/ Internet Services/ UASL/ NLD/ ILD Services any where in India.

5.4 The bidder company/ its co-partner should not have controlling equity stake, or vice versa, in and of any Basic Services/ Cellular Telephony Services/ Internet Services/ UASL/ NLD Services operating companies in India or their promoters.

5.5 Even at a later date, if there is a substantial change in the ownership structure of the bidder company leading to the above mentioned types of companies/promoters getting controlling stake, then BSNL reserves the right to terminate the contract.

5.6 The bidder company should have valid registration for Service Tax & EPF. 5.7 The Bidders should not have been black-listed by central/ state

governments/PSUs.

6. CLARIFICATIONS OF BID/EOI DOCUMEMT: - 6.1. The prospective bidder requiring any clarification on Bid/EOI document shall

notify the purchaser in writing or by fax at the BSNL’s mailing address indicated in the document, latest by 20.06.2015 Clarifications, if any, on such queries will be displayed on BSNL website latest by 30.06.2015.

6.2 Any clarifications issued by BSNL, in response to such query raised by prospective bidders, shall form an integral part of this documents and shall amount to an amendment of relevant clauses of this document.

6.3 Offer shall remain valid for 150 days from the date of opening. Offer valid for a shorter period shall be rejected by BSNL.

7. DOCUMENTS ESTABLISHING FIRM'S ELIGIBILITY AND QUALIFICATION: The Company/ Firm is required to furnish the following documents in the technical proposal: (i) Certificate of Incorporation/ Registration. (ii) Copy of Articles and Memorandum of Association or Partnership deed or

proprietorship deed as the case may be. (iii) Details of the firm along with List of Directors on the Board of the Company

with their address(es), contact telephone numbers, DIN etc. (Annexure-V) (iv) Board’s resolution in favor of authorized signatory. (v) Attestation of the signature of the authorized signatory by the company

bankers. (vi) Documents establishing satisfactory experience from Principal Client(s) as

defined in eligibility criteria. List name, address & contact details of clients to whom the firm has/ had been rendering services.

(vii) Audited/ Certified financial statement & annual report in support of eligibility criteria.

(viii) Copy of agreement between the bidding company and its Consortium partner defining responsibility matrix.

(ix) A certificate as per format as at Annexure -IV.




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(x) Bid security, worth Rs 39.24 Lakh (Rupees Thirty Nine Lakh Twenty Four Thousand only), in the form of Bid security (Format at Annexure VII) or Demand draft issued by a scheduled bank drawn in favor of AO (Cash), BSNL Corporate Office, payable at New Delhi valid for a period of 180 days.

(xi) Valid Certificate for Service Tax Registration and EPF. (xii) Copy of EOI & clarifications issued by BSNL to this EOI, if any, duly signed and

stamped on each page by the authorized signatory as a mark of acceptance of all conditions contained there in.

(xiii) Details of Hardware & Software for security clearance by DoT. (xiv) Parawise compliance to each para of the scope of work mentioned in this

document (Annexure I) in the following format :-

S.No. Sl. No. of Scope of Work mentioned in this document.

Complied / not complied

(xv) List of GSM networks to which the service provider has been providing the

said service ( Service as mentioned in this document ) in the following format :-

S. No. Name of operator

Name of country

Date since when the said service is being commercially provided to the operator.

8. SUBMISSION OF PROPOSALS 8.1 The Proposal shall be submitted in two sealed covers. The first cover marked

as “TECHNICAL PROPOSAL for CLEARING HOUSE” on the top, shall contain the complete proposal papers including documents required as per clause 9, except Price Schedule as per Annexure-II, which shall be required to be kept in 2nd cover marked as “FINANCIAL PROPOSAL for CLEARING HOUSE” on the top.

8.2 Both the proposals are then to be placed in a third single sealed envelope. All covers shall be sealed separately along with the name of the firm on it.

8.3 The third cover envelope shall bear “Response for EOI of Data Clearing House Services for GSM Roaming” and the words ‘DO NOT OPEN BEFORE 15.00 hours on 09.07.2015

8.4 The proposal from interested eligible firms/ companies will be accepted at the following address up to 14.30 hours on 09.07.2015: AGM (NWO-CM-II) BHARAT SANCHAR NIGAM LIMITED




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(CORPORATE OFFICE/ NWO-GSM CELL) 114, Bharat Sanchar Bhawan H. C. Mathur Lane Janpath, New Delhi -110001

8.5 All envelopes shall bear the name and address of the Firm to enable the Proposal to be returned unopened in case it is declared ‘late’ or rejected.

8.6 The Proposal may be sent by post or delivered in person on above-mentioned address. The responsibility for ensuring that the Proposals are delivered in time would vest with the Firm. BSNL shall not be responsible if the Proposals are delivered late or elsewhere.

8.7 Proposals received either by post or courier service or in person after the specified date and time will not be opened or considered.

8.8 BSNL, at its discretion, may extend the deadline for submission of proposals. 9. OPENING OF PROPOSALS: 9.1 The BSNL shall open TECHNICAL PRPOSALS at 15:00 hours on 09.07.2015.

at Bharat Sanchar Bhawan, New Delhi in the presence of authorized representatives from participating firms, who chose to attend. The date fixed for opening of Proposals, if subsequently declared as holiday by the BSNL, the proposals will be opened on the next working day, time and venue remaining unaltered.

9.2 The financial Proposals of eligible Firms shall be opened later and eligible

Firms will be informed in due course about the date & time of the same. BSNL reserves right to accept or reject any or all proposal (s) prior to award of contract without assigning any reason whatsoever and without thereby incurring any liability to the affected bidder (s) on the ground of BSNL’s action.

9.3 Any effort by a company to influence the proposal comparison/evaluation/ work award decision by way of overt/covert canvassing shall result in non consideration / rejection of its proposal.

10. EVALUATION: 10.1 The proposals will initially be screened based on the eligibility criteria and

submission of all the requisite documents as asked for in this bid.

10.2 List of the documents submitted in this bid should be mentioned clearly in the index so that evaluation committee is able to easily locate them.

10.3 The Companies may also be asked to give presentations in respect of the technical details/proposal.




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10.4 Evaluation of the proposals will be purely on the basis of the financial parameters of the eligible companies short-listed after technical evaluation.

10.5 For the purpose of evaluation, rates quoted by the bidder against

Main/Mandatory items only would be considered. 10.6 The Financial evaluation will be done only for non optional i.e.

main/mandatory items. Bidder has to compulsorily quote rates for all Main/Mandatory as well as Optional items. Bidder has the option of quoting a NIL price for any item therein.

10.7 If a company provides/submits incomplete/ misleading/ ambiguous

information on any of the factor(s), it shall be awarded lowest possible score against that factor for the evaluation purpose.

10.8 The work will be awarded to L1 bidder based on the evaluation criteria given

below: To arrive at L-1 bidder a weightage of 50 % and 50% shall be given for International Roaming and National Roaming clearing house works respectively. For example :- if the Total amount for Qty x Price for International Roaming = A and the Total amount for Qty x Price for National Roaming = B then C = .50xA + .50xB L-1 Bidder will be the one who has lowest value for C

11. ISSUE OF ADVANCE PURCHASE ORDER (APO): 11.1 The issue of an Advance Order shall constitute the intention of BSNL to enter

into the contract with the Firm. 11.2 The Firm shall within 14 days of issue of an advance order give his acceptance

along with performance security and sign agreement including Non Disclosure Agreement (NDA) (Annexure- VI).

11.3 The issue of advance order shall constitute the intention of BSNL to award the contract on the Firm. BSNL reserves the right to forfeit bid security and also black list the firm for suitable period, in case the firm fails to honor the proposal without sufficient grounds.

12. PERFORMANCE BANK GUARANTEES: 12.1 The successful Firm shall provide within 14 days from the APO date, a

performance Bank Guarantee for an interim amount calculated based on the quantum & amount of work given as per the APO value.

12.2 PBG (s) will be valid for 42 months. PBG (s) will be in the format as per Annexure-III.




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12.3 If the Firms desires, Demand Draft (DD) for the full amount can also be paid in place of PBG, as Security Deposit (SD). However, it is clarified that SD carries no interest.

12.4 Bid Security, without any interest thereon, will be returned on submission of PBG (s)/ SD.

13. TIME PERIOD TO ESTABLISH THE SERVICES 13.1 The successful Firm, shall rendering the DCH service to BSNL within ten

weeks from the date of Purchase Order (PO). This shall include time for acceptance testing by BSNL. However in case the successful Firm is the same as existing one, then services will start from the time of award of work.

13.2 The successful bidder will propose the test schedule within one week of issue of P.O. for testing of functional requirements of the the DCH including validation of functionalities and various reports generated by DCH. This test schedules shall be examined by BSNL and finalized within 1 weeks of receipt of the same to make it as a reference document for testing.

13.3 The successful bidder will arrange to provide the necessary tools and support for carrying out above tests. The system should be offered for functional tests not later than 4 weeks prior to date of DCH commissioning agreed as per 13.1 above.

14. CERTIFICATE ABOUT RELATIVES IN BSNL: 14.1 The Firm should give a certificate that none of his/her near relative is working

in the BSNL where he is going to apply for the Proposal. 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, it will be given by all the full time Directors of the company. Due to any breach of these conditions by the company or the firm or any other person, the Proposal will be cancelled and security will be forfeited at any stage whenever it is noticed. BSNL will not pay any damage to the company or firm or the concerned person. The company or firm or the person will also be debarred for participation in the BSNL business.

14.2 A personal shall be deemed to be a relative of another if, and only, if, (a) They are members of a Hindu Undivided Family; or (b) They are husband and wife; or (c) The one is related to the other in the manner indicated below :-

(1) Father (2) Mother (including step-mother) (3) Son (including step-son) (4) Son’s wife (5) Daughter (including step-daughter) (6) Father’s father (7) Father’s mother (8) Mother’s mother (9) Mother’s father




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(10) Son’s son (11) Son’s son’s wife (12) Son’s daughter (13) Son’s daughter’s husband (14) Daughter’s husband (15) Daughter’s son (16) Daughter’s son’s wife (17) Daughter’s daughter (18) Daughter’s daughter’s husband (19) Brother (including step-brother) (20) Brother’s wife (21) Sister (including step-sister) (22) Sister’s husband

15. TRAINING

15.1 BSNL personnel training requirement is stated in the Scope of work – Annexure–I. Suitable infrastructure including on-line training modules should

be made available by the successful bidder for BSNL personnel, which will include Super-users, users etc in each zone, as identified by BSNL.

16. PENALTY

In the event, that Quality of Service provided by the Service Provider falls below the quality standard committed by him in this EOI (against point 8 of Annexure-VIII of the EOI) based on a monthly calculation period, a penalty of 5% of the affected monthly bill (monthly invoice of the Service Provider) will be imposed on the service provider. In case of persistent deficiency in Quality of Service, BSNL may terminate the agreement with the Service Provider without any liability or compensation.

16.1.1 Liquidated Damage (LD)- Failure to commission the system within the stipulated period of ten weeks from the date of firm PO, shall result in imposition of penalty as in the subsequent Para.

16.2 Liquidated Damage- Failure to commence operation within stipulated period of ten weeks from the date of issuance of Purchase order will result in imposition of penalty of amount equivalent to 0.5 % of the PO value per week of delay for a period of first ten weeks and there after, a penalty of amount equivalent to 0.7 % of the PO value per week for further delay for next ten weeks. Delay beyond 20 weeks may attract forfeiture of the SD/ PBG and further actions like blacklisting etc. at the discretion of BSNL.

17. SET OFF

Any sum of money due and payable to SUCCESSFUL BIDDER under the agreement finalised against this EOI may be appropriated by BSNL or any other person(s) contracting through the BSNL and set off the same against any claim of BSNL or such other person or person(s) for payment of a sum of




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money arising out of the said agreement or under any other contract made by the SUCCESSFUL BIDDER with BSNL or such other person(s) contracting through the BSNL.

18. FORCE MAJEURE

18.1 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 reason of any war or hostility ,Acts of public enemy, civil commotion, and sabotage fires, explosion, Effects of flood, epidemics, quarantine restrictions, freight embargoes, General Strikes, bands, Acts of God (hereinafter referred to as EVENT), provided notice of happening 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 any party have any claim to the damages against the 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 has 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.

18.2 If a Force Majeure EVENT occurs, the successful bidder shall immediately notify BSNL in writing of such conditions and the case thereof. Unless otherwise directed by the BSNL, the supplier shall continue to perform its obligations under the contract as far as reasonably practicable and shall seek all reasonable alternative means for performance not prevented by the force Majeure EVENT.

18.3 Expected Work and services under this Contract shall resume as soon as practicable after such EVENT comes to an end or ceases to exist. The decision of the concerned PGM/GM , as to whether the situation has become normal or not, shall be final and conclusive.

18.4 If the performance in whole or part of any obligation under this contract is prevented or delayed by reason of any such EVENT for a period exceeding 60 (sixty) days, either party may, at its option, terminate the contract.

19. TERMINATION

19.1 The BSNL reserves the right, without prejudice to any other remedy for breach of contract, by written notice of 30 days for default, sent to the Company; terminate this contract in whole or in part without any liability.

19.2 If the Company fails to perform any obligation(s) under the Contract or is penalized repeatedly;

19.3 If the Company, in either of the above circumstances, does not remedy his failure within a period of 7 days (or such longer period as the BSNL may authorize in writing) after receipt of the default notice from the BSNL.

19.4 If the Company becomes bankrupt or otherwise insolvent as declared by the




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competent court provided that such termination will not prejudice or affect any right of action or remedy, which has accrued or will accrue thereafter to the BSNL.

19.5 BSNL reserves the right to discontinue the contract any time in future depending upon its network conditions or market scenario or directive from the regulator/ licensor or due to change in its own licensing conditions or upon directions from the competent Government authorities.

19.6 In case of termination of contract the successful bidder shall be required to continue providing services for a suitable period of time (defined below) and shall extend all support for smooth transitioning of services through a different operator.

In case of contract terminating at the end of contract period, this time limit shall be 3 months. In case of early termination this limit shall be 6 months.

20. ARBITRATION

20.1 All the disputes, differences, controversies / differences of opinions, breaches and violation arising from or related to the agreement arises out of this Agreement between parties then same shall be resolved by mutual discussions / reconciliation in good faith.

20.2 If the dispute, difference, controversies / differences of opinions, breaches and violation arising from or related to the agreement cannot be resolved within 60 (sixty) days of commencement of reconciliation/discussions, then the same will be referred to two arbitrators, one to be appointed by each party, with an umpire to be appointed by the two said arbitrators and the arbitration will be governed by the Arbitration and Conciliation Act, 1996 of India or any statutory modification or reenactment thereof or any rules made thereof. The arbitration proceedings shall be in English language. The venue of arbitration shall be New Delhi, India.

20.3 This Agreement will be construed in interpreted and applied and governed in accordance with the laws of India. That in case of any dispute under this agreement the courts at New Delhi will have the exclusive jurisdiction.

21. INDEMNIFICATION

21.1 SUCCESSFUL BIDDER shall agree to protect, defend, indemnify and hold harmless BSNL and its employees, officers, directors, agents or representatives from and against any and all liabilities, damages, fines, penalties and costs (including legal costs and disbursements) arising from or relating to:

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

21.3 Any breach of the terms and conditions in this agreement by the SUCCESSFUL BIDDER;

21.4 Any claim of any infringement of any intellectual property right or any other right of any third party or of law by the SUCCESSFUL BIDDER;

21.5 Any claim made by any third party arising out of the use of the services and arising in connection with interruptions or degradations of service to BSNL’s customers caused solely by the SUCCESSFUL BIDDER.

21.6 The SUCCESSFUL BIDDER will comply with all the laws, directives, guidelines




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etc. of the land where Service provider is located and shall be fully responsible for the same. The service provider will indemnify BSNL for any liability arising out of non compliance of the same.

This clause shall survive the termination or expiry of the contract.

22. Security Conditions

22.1 The operation and maintenance of BSNL’s networks, by the bidder, wherever required, shall be entirely by Indian Engineers; and dependence on Foreign Engineers shall be minimal and/or almost nil within a period of one year from the date of P.O. to the successful bidder.

22.2 The successful bidder shall have a valid legal agreement specifying the duties and obligation of the BSNL and the successful bidder in a template as specified

by the Licensor. The template presently specified by the Licensor is available on DoT’s website www.dot.gov.in. Such agreement(s) between the BSNL and the successful bidder may be required to be renewed or amended in accordance with the instructions issued by the Licensor from time to time.

22.3 The successful bidder must allow the BSNL, Licensor/DOT and/or its designated agencies to inspect the hardware, software, design, development, manufacturing facility and supply chain and subject all software to a security/threat check at the time of procurement of equipment and at least one more time in the year of procurement and every two years thereafter, till the currency of contract, at the time of discretion of BSNL. The expenditure for such visits upto 40 man days per visit shall be borne by the successful bidder.

22.4 In the event, any security breach is detected at later stage after deployment/installation of equipment as result of security audit or in any other manner, the relevant equipment supplied by the bidder shall be taken out of service and penalty of Rs.Fifty crore for each Purchase Order shall be imposed on the BSNL by the Licensor. Such penalty, as levied by Licensor on BSNL shall be payable to BSNL by the bidder. In addition, a penalty of 100% of contract value shall be levied by the Licensor on the BSNL. Such penalty, as levied by Licensor on BSNL shall also be payable to BSNL by the bidder. The bidder shall deposit the penalty and additional penalty with the BSNL within 20 days of the Notice. The Licensor may also at its discretion blacklist the bidder from making any supply deals with Indian Operators.

22.5 The Licensor shall have the power to allow inspection, analysis and use by the competent experts designated by the Government, the hardware and software designs/codes deposited in the ESCROW accounts to prevent/detect any security hazards, malware, traps etc. at any time or for any criminal investigation purpose.

23. PERIOD OF CONTRACT

The Contract with the selected bidder (Service Provider) shall be valid for 3 years unless terminated earlier as per the terms and conditions of the contract with the Service Provider. The contract could be extended beyond three years on year to year basis on mutually agreed basis.

http://www.dot.gov.in/




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ANNEXURE-I

Sl. No.

Activity

1. Provision of centralized, scaleable, secure, reliable and cost-effective clearing house for roaming between BSNL and partner operators.

2. Establish and test connectivity with BSNL and do necessary configuration for the entire scope of work mentioned herein. Work including necessary installation, testing as per test schedule proposed by service provider and approved by BSNL, integration, acceptance tests, commissioning, etc within the time frame as stipulated by BSNL.

3. Service provider will be responsible for clearing with roaming partner operators as decided by BSNL from time to time.

4. The service provider will comply with the GSMA PRD documents and GSMA guidelines & other prevailing market practices as amended from time to time and would provide all standard services including fraud management, etc.

5. Checking of / validation of TAP files (both TAP-IN and TAP-OUT- both for National as well as International Roaming) including Data, MMS CDRs.

6. Rejection / return of TAP-IN files in case of any error / parameter beyond prescribed limit etc. for correction with intimation to BSNL.

7. All errors in respect of NRTRDE-OUT and TAP-OUT files to be corrected and NRTRDE-OUT,TAP-OUT files sent to the respective partner operator timely with intimation to BSNL. In case any input is required from BSNL without which the error can not be corrected, then such input will be requested for by the service provider from BSNL and the same would be provided by BSNL at the earliest, on receipt of requirement from the service provider for the same.

8. Detailed reports on all aspects of traffic / TAP file exchange status / HUR / EAR / invoice / RAP etc. to be provided to BSNL as per the format desired by BSNL.

9. Conversion of TAP Formats as per GSMA Guidelines / as agreed to between the partner operators.

10. Ensure prompt / timely delivery of TAP-IN, TAP-OUT, NRTRDE files / CDRs to the respective operators.

11. Pursue with the partner operators to accept BSNL TAP-OUT files. 12. Based on TAP-OUT files, generate and timely report HUR ( High Usage Report ) to

respective partner operators. 13. Based on TAP-IN files generate and timely report EAR ( Early Alert Report ) to BSNL

at the earliest i.e. usage by a particular IMSI beyond a threshold. 14. Generation and delivery of Invoice to respective partner operators timely, based on

TAP-OUT. Ensure timely receipt of the same by the partner operator. 15. Facilitate BSNL in generation and prompt delivery of Debit / Credit notes in case of

agreed to errors in the invoices.

16. Reconciliation between TAP Files and Invoices etc.

17. Monthly Traffic and Revenue Report(s) as required for any operators, (National or International) as may be specified by BSNL from time to time.




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18. Splitting of TAP-IN Files based on IMSI for respective LSAs from foreign operators in respect of direct agreements of BSNL with foreign operators. Send TAP-IN and NRTRDE files to destinations within BSNL as may be specified by BSNL from time to time. International Roaming TAP-IN files are presently to be sent to West Bengal circle and NRTRDE-IN files are to be sent to the respective zonal FMCC systems of BSNL. The said files will be sent via the connectivity specified in the EOI.

19. Provide 24 x 7 x 365 support for all services. 20. Provide training to BSNL officers at BSNL premises on clearing house services as

and when asked for (maximum 4 times a year), keep BSNL up-dated about latest developments in the field and latest guidelines of GSMA in this regard.

21. Facilitate testing including TADIG testing with partner operators and launch of commercial roaming with them in minimum possible time.

22. Intimate all relevant parties including partner operators and their clearing houses in case of any changes in BSNL documents like AA.14 etc. Work also includes providing consolidated set of updated AA.14 of BSNL partner operators on password protected website on internet and update the same as and when there is any change and also when any new operator is added.

23. Perform clearing house activities between BSNL and the partner operator as per the agreement between BSNL and the partner operators.

24. Advise BSNL in case of any changes in Taxation Laws etc. 25. IOT Check Service. This is to be done both for TAP-IN as well as TAP-Out files /

CDRs This would be done for all aspects including rating, number formatting, short code handling, duplicate CDR, type of service checking, parameters beyond prescribed limits (old call record, CDR pertaining to HUR which was not intimated timely etc.), etc. All errors in any CDR in TAP-OUT file is to be corrected. In case any input is required from BSNL for correction in CDR then the same will be taken from BSNL and CDR corrected accordingly. Thereafter timely sending it to the respective roaming partners. Check TAP-IN Files and CDRs for any type of error including but not limited to rating errors, etc, the same has to be rejected and pointed out to the respective roaming partner for correction with intimation to BSNL. Provide detailed report to BSNL for the IOT check service as per format desired by BSNL.

26. NRTRDE Service Provide NRTRDE (Near Real Time Roaming Data Exchange) Service as per GSMA guidelines. Work would also include Receipt of NRTRDE files from each billing center, validation, aggregating them partner operator wise and sending to respective partner operators timely. In case of International Roaming the NRTRDE files have to be sent under the identity of West Bengal Circle i.e. IND WB. NRTRDE files received from roaming partners will be validated as per GSMA




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guidelines and sent to FMCC of BSNL. The NRTRDE IN and OUT files will be stored for at least 6 months or longer (If GSMA so requires). The same will be available for BSNL for retrieval as and when required by BSNL during the period of storage. The service provider is required to reconcile each CDR in NRTRDE-IN file with that in the TAP-IN file so as to ensure that there is no mismatch. In case of mismatch, the service provider is required to take up the matter with the foreign operator and arrange to resolve the issue.

27. Tariff modeling for International Out-Roaming and Re-pricing of TAP-IN files accordingly :- work includes providing solutions for maximizing revenue, Zonal tariff modeling for out-roaming making simple tariff for BSNL out Roamers, using simulator for Profit Risk analysis leading to optimal tariff structure. Work includes providing reports in the format and periodicity as desired by BSNL from time to time. It can be extended upto IMSI level pricing as a part of advance solution .

28. Report/Analysis of foreign Operator / network wise BSNL market share in traffic volume both in terms of minutes as well as in SDR / INR terms to the extent traffic passed on through the service provider.

29. Service provider will provide 24 x 7 x 365 support in English language to BSNL for all the services provided by him. Service provider will provide a 24 X 7 X 365 NOC. In case BSNL reports a concern, the service provider will open a trouble ticket and address the same at the earliest. Service provider will also provide facility to BSNL for monitoring of status of the trouble tickets on line via Internet with password protected access.

30. Service provider will also provide on line NMS to BSNL for status of TAP, NRTRDE files, traffic, revenue, In-Bound and Out-Bound traffic for each network, traffic (total as well as operator wise - during busy hour, daily, monthly, yearly), etc. Access to NMS would normally be provided via Internet through password-protected access. Work also includes Minutes for usage for each call scenario (MO SMS, MT SMS, MMS, MO call- local , MO calls – International, MO Calls to INMARSAT Numbers, MT Call, GPRS, any other call scenario) both for In-Roaming as well as Out-Roaming to be given for each foreign operator / network. Work also includes number giving number of calls for each scenario. Date wise and month wise list of IMSI making usage while International In-Roaming / Out-Roaming will also be provided.

31. Service provider will provide timely and periodic reports to BSNL on network wise traffic, status of TAP-OUT, NRTRDE -OUT and TAP-IN, NRTRDE-IN files, RAP files, etc. The applicant shall specify the reports, which would be provided by him along with their periodicity. BSNL may ask for other reports in the formats as required by BSNL. The same would be provided by the service provider to the extent possible.

32. The Service provider will provide continuous support to BSNL enabling BSNL to comply with the Indian laws, directives, guidelines etc. as may be required by the designated security agencies of Govt. of India from time to time.

33. Keep BSNL up-dated about latest developments in the field and latest guidelines of GSMA in this regard.

34. Service provider will have adequate security features in place to prevent any other kind of security threats, leak of confidentiality, etc.




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35. The service provider is required to give CDRs and all other details as may be required by BSNL for reconciliation and financial settlement with the Service Provider.

36. The service provider shall extend the latest version(s) of the above services to BSNL without any discrimination with other competitors to whom it may be providing similar services. Further, it shall ensure the evolution of the services as per the GSMA guidelines / market scenario.

37. Service provider will keep BSNL updated about latest fraud instances, patterns worldwide and GSMA guidelines in this regard. Further a detailed report in this regard will be submitted to BSNL every 7th of each month.

38. The Invoice of the service provider for the work of national Roaming would be LSA (Licensed service area ) wise. The Billing centers will send TAP OUT files for national roaming to the service provider LSA wise. The service provider is required to send TAP-IN files for national roaming to respective billing centers after splitting them LSA wise based on IMSI of BSNL subscribers.

The Invoi The invoice of the service provider for the work of international Roaming will be

LSA wise. TAP-IN files are to be split LSA wise based on IMSI and sent to respective Billing Centers. LSA identification in TAP OUT files is to be done based on the LSA identification field in the CDR in the TAP file. All errors in TAP -out files, NRTRDE OUT files are to be promptly intimated to respective billing centers of BSNL, LSA wise. Work also includes giving Revenue report for In-Roaming as well as out roaming, (both for national as well as International roaming separately ), LSA wise and partner operator wise on monthly basis in SDR and INR. The report should separately state the total amount of SDR / INR in TAP out files and the total out of the same accepted by the partner operator, partner operator wise and LSA wise. In case of any rejection, service provider is required to state reason for the same along with action taken by him for the same in each case.

39. Miscellaneous: Any other activity (ies) necessary for the smooth implementation of the Project and successful execution of entire scope of work.

40. The Service Provider will provide a Business Intelligence tool to design, extract and analyze reports based on decision variables from Data Warehouse of the Service Provider. (for both National & International).

41. The Service Provider will perform conversion of file formats of mediation devices of BSNL to Format for NRTRDE files as specified by GSMA for NRTRDE – OUT files. ( National + International )

42. The Service Provider will perform splitting of NRTRDE-IN Files based on IMSI for respective LSAs from foreign operators in respect of direct agreements of BSNL with foreign operators.

43. The Service Provider will perform splitting of NRTRDE-IN Files based on IMSI for respective LSAs from partner operators in respect of National Roaming.

44. The system shall have the provision to report on Outbound roaming traffic (MSISDN / IMSI wise) with a breakup of usage by outbound Pre-paid and Post-Paid subscribers on service usage.

45. The Service Provider will provide a comprehensive updated centralized repository




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for all roaming partner AA.14s, The Service Provider should provide the feature functionality necessary to streamline BSNL’s roaming agreement data and processes. The Service Provider should also have the ability to convert BSNL AA.14 to XML format to comply with RAEX specifications and keep the same in the most updated format.

46. Tracking of Testing SIM Cards – The Service Provider will provide tool to BSNL to track and report on the usage and usage patterns of test SIM cards exchanged for testing an operator’s network. This includes flexibility to track usage criteria by IMSI or group of IMSIs, generate alarms and notifications, and provide reporting on roaming partners excessive or unauthorized VPMN usage of BSNL’s test SIM cards. BSNL should also to be able to track roaming partners’ test SIM cards in BSNL’s HPMN to alert BSNL of abuse and excessive usage above predetermined thresholds.

47. In case BSNL procures Re-pricing / Zoning solution from the service provider, the service provider shall have to configure for additions / deletions of new operators, change of tariff in zones, additions / deletion of new tariff zones, addition / deletion of tariff for new services etc. BSNL, at its discretion may generate as many change requests as it feels required for operational / business reasons. Also, the service provider will have to provide a detailed analysis report by 7th of each month for the data of previous month for taking an informed decision for changes in Zones / Re-pricing.

48. In case BSNL procures Financial Clearing House Solution from the service provider, the service provider shall have automated payable invoice generation, handling and reconciliation, automated cash allocation and reconciliation, online real time reports availability, compliance to GSMA guidelines on international roaming invoicing and settlement procedures. The service provider shall be able to handle all types of voice traffic, messaging services, data and VAS products for both 2G and 3G technologies.




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Annexure-II

Financial proposal :-

Financial proposal should be quoted in the following format :-

A. MAIN /MANDATORY ITEMS (i). International Roaming :-

S.No Item

Approx. Quantum of work for Three

years

Price(in INR only)

Figures words

1. Checking of / validation TAP-OUT Files 51.97 Million Price per CDR

2. IOT check on International CDRs (TAP-

OUT and TAP-IN) 59.26 Million Price per CDR-

3. Generation and delivery of monthly

invoices for TAP-OUTs to all roaming partners.

36 months

Price for work per month

4. NRTRDE: (a) Variable charges 59.26 Million Price per CDR

5. Tariff Modeling for international Out

Roaming and re-pricing of TAPIN files

(a) One time setup charge 1 (b) Variable charges 7.29 Million Price per CDR.

6. Business Intelligence tool to design

reports based on decision variables from Data Warehouse (National + International Roaming)

One time Cost

7. Conversion of file formats of mediation devices of BSNL to Format for NRTRDE files as specifiedby GSMA for NRTRDE- OUT files

1 Price per format

8. Splitting of NRTRDE-IN Files based on IMSI for respective LSAs from foreign operators in respect of direct agreements of BSNL with foreign operators

7.29 Million Price per CDR

9. Tracking of Testing SIM Cards (refer S.No. 46 of Annexure-I)

One time Cost




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(ii)National Roaming

S.N. Item

Approx. Quantum of work for Three years

Price(in INR only)

Figures words 1. Checking of / validation TAP-

OUT Files 2211.2 Million

Price per CDR

2. IOT check on National

Roaming CDRs (TAP-OUT and TAP-IN)

13222.6 Million Price per CDR

3. Generation and delivery of monthly invoices for TAP-OUTs

36 months

Price for work per month

4. NRTRDE: (a) Variable charges 13222.6 Million Price per CDR

B. OPTIONAL ITEMS Financial Clearing House Solution

S.N. Item

Price(in INR only)

Figures words 1.

2.




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Note :- 1. Some of the activities listed in Annexure - I are not mentioned specifically in

the format of pricing above but this does not mean that the same is not required to be carried out mandatorily by the service provider. The service provider is required to successfully and timely execute all activities stated in this document. As such he is required to quote his prices for the above accordingly. The quoted prices are expected to be inclusive of cost of all the items / works. BSNL reserves the right to engage all or any of the services or a mix of services for full or part period of the contract.

2. All prices by all applicants have to be quoted in INR only. Companies registered in India shall be paid by BSNL in INR only. Companies not registered in India will be paid in US$. Conversion rate from INR to US$ for the said payment will be as per the rate of the bank (Bank through which BSNL decides to make payment) on the date of payment. Conversion will be for the net payable amount in INR less the bank charges (bank charges for the said payment in US $). Thus Bank charges will be to the account of the service provider.

3. In case of company not registered in India - All statutory levies as per applicable Indian Laws (except Income TAX) shall be borne by BSNL, and accordingly the same shall be loaded for the purpose of comparison and evaluation. CENVAT-able taxes and duties shall however not be considered for evaluation and comparison. Income Tax if applicable and deductible at source shall be accordingly deducted. However, the same (Income TAX ) shall not be considered for evaluation and comparison. Further, all statutory levies as per the law of the land of the service provider shall be borne by the service provider, and the quotation should be inclusive of such levies.

4. In case of companies registered in India – The quotation should separately mention all types of Taxes and duties applicable and their rates and value. The evaluation and comparison of responsive bids shall be done on the basis of net cost to BSNL on the prices offered inclusive of taxes and duties (but excluding CENVAT-able taxes and duties). Further, Income Tax if applicable and deductible at source shall be accordingly deducted. However, the same shall not be considered for evaluation / comparison.

5. Approximate quantity mentioned above is only indicative and used for evaluation purpose. However, Service provider will not have any claim on getting work for above mentioned quantity ( including for optional items ) during currency of agreement. BSNL reserves the right to award the work of either national roaming or international roaming or both to the successful bidder and he will have to accept the same. BSNL also reserves the right to discontinue any work awarded initially at its discretion. Payment will be done on the basis of actual work offered and successfully completed @ finally agreed rates.

6. The Financial evaluation will be done only for non optional i.e. main/mandatory items. Bidder has to compulsorily quote rates for all Main/Mandatory as well as Optional items. Bidder has the option of quoting a NIL price for any item therein.




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ANNEXURE III

PERFORMANCE SECURITY GURANTEE BOND

In consideration of the BSNL having agreed to exempt _____________________ (hereinafter called ‘the said contractor(s)’) from the demand under the terms and conditions of an agreement/(Purchase Order) No………… …………… dated. Made between… …and………………. For………………for the supply ……(hereinafter called “the said agreement”), of security deposit for the due fulfillment by the said Agreement, on production of the bank guarantee for………………………………………….we, (name of the bank) (here in after refer to as the “the bank”) at the request of _____________________________________(contractor(s)) do hereby undertake to pay to the BSNL amount not exceeding__________________________________ against any loss or damage caused to or suffered or would be caused to or suffered by the government by reason of any breach by the said Contractor(s) of any of there terms or conditions contained in the said Agreement.. 2 We (name of the bank) _______________________________________ ____________________________________do hereby undertake to pay the amounts due and payable under this guarantee without any demure, merely on a demanded 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 contractor(s)’ of any of the terms or conditions contained in the said Agreement or by reason of the contractor(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 _______________________________________________________ 3. We undertake to pay to the BSNL any money so demanded not withstanding any dispute or disputes raised by the contractor(s)/supplier(s) in any suit or proceeding pending before any court or tribunal relating thereto our liability under this present being absolute and unequivocal. The payment so made by us under this bond shall be valid discharge of our liability for payment there under and the contractor (S)/suppliers (S) shall have no claim against us for making such payment. 4. We (Name of the bank)___________________________________ further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said agreement and that it shall continue to be enforceable till all the dues of the BSNL under or by virtue of the said Agreement have been fully paid and its claims satisfied or discharged or till_____________________ (office/Department) Ministry of _______________________________________ certifies that the terms and conditions of the said Agreement have been fully or properly carried out by the said contractor(s) and accordingly discharges this guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before the expiry of TWO/TWO




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AND HALF/THREE YEARS (actual period as specified in P.O.) from the date hereof, we shall be discharged from all liabilities under this guarantee thereafter. 5. We(Name of the bank) ________________________________________________further Agree with the BSNL that the BSNL shall have the fullest liberty without our consent and without affecting in any manner our obligations there under to vary any of the terms and conditions of the said Agreement or to extend time of performance by the said contractor (S) from time to time or to postpone for any time or from time to time any of the powers exercisable by the BSNL against the said Contractor(s) and to forbear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our liability by reason of any such variation, or extension being granted to the said Contractor(s) or for any forbearance, act or omission on the part of the BSNL or any indulgence by the BSNL to the said Contractor(s) or by any such matter or thing whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving us. 6. This guarantee will not be discharged due to the change in the constitution of the Bank or the Contractor(s)/supplier(s). 7. We (name of the bank)__________________________ lastly undertake not to revoke this guarantee during its currency except with the previous consent of the BSNL in writing.

Dated the ____________________day of For___________________________ (Indicate the name of bank)




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ANNEXURE -IV

PROFORMA FOR DECLARATION BY FIRM I/we …………….. ……………. S/o…………………………….… r/o……………………………………………………………hereby certify that none of my relative(s) as defined in the Proposal document is/ are employed in BSNL unit as per details given in Proposal 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 prior intimation to me Signature & seal of Firm Name & full Address of the Firm. ……………………………………… ……………………………………… ………………………………………




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AANNNNEEXXUURREE--VV

Details about the Firm 1. Full name of the firm : ------------------------------------- (In capital letters) ------------------------------------- 2. Firm address : ------------------------------------- ` ------------------------------------- 3. (A) Telephone No. : Off --------------------------------- Res. ---------------- (B) Fax No. : ------------------------------------- 4. Is the firm proprietary : ------------------------------------ /Partnership/Ltd. /Pvt. Ltd. 5. Names of Proprietor or : ------------------------------------- Partners/Directors (Address and contact telephone Numbers) 6. Brief description of : ------------------------------------- Work carried out by the ------------------------------------- Firm in last two years ------------------------------------ With name of clients, Nature and value of work Done for each. (Please attach extra sheet if necessary) 7. Is the firm registered: ------------------------------------- With any Government/ ------------------------------------- Semi government undertakings If so furnish details of Registration. 8. Has the firm been : ------------------------------------- Black listed --------------------------------------- By any organization, --------------------------------------- If so attach the details Of the same. 9. Income Tax Account NO. : ------------------------------------- /PAN number 10. Service Tax registration No. -----------------------------------------




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11. Registration Details for EPF ………………………………….. 12. I undertake to comply with all the terms & conditions of this EOI and to successfully & timely carry out the entire scope of work mentioned in the EOI up-to the satisfaction of BSNL. 13. It is hereby certified that M/s ……………………………………( The bidding Firm herein) (i) Is not a Licensed Telecom Service Provider to provide Basic Services/ Cellular Telephony Services/ Internet Services/ UASL/ NLD/ ILD Services any where in India (ii) does not have controlling equity stake (26% or more), or vice versa, in and of any Basic Services/ Cellular Telephony Services/ Internet Services/ UASL/ NLD/ ILD Services operating companies in India or their promoters. (iii) has never been black-listed by central/ state governments/ PSUs. I hereby certify that the above-mentioned particulars are true and correct.

Signature of Authorized Signatory . Name of Authorized Signatory

Company Stamp Details of Authorized Signatory

(i) Designation (ii) Phone No. , Mobile No. , Fax No. (iii) Email :- (iv) Postal address




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ANNEXURE-VI

MUTUAL NON-DISCLOSURE AGREEMENT ( To be signed on 100 Rs. Stamp Paper ) This Agreement is made as of the …………………………2011 between BHARAT SANCHAR NIGAM LIMITED (BSNL) a Government of India Enterprise, having its registered office and Corporate office at Bharat Sanchar Bhavan, Harish Chandra Mathur Lane Janpath, New Delhi-110001 hereinafter called BSNL which expression shall unless repugnant to the subject or the context n mean and included its successors, nominees or assigns and M/s ……………… …………… … …… ……………………………….. ………………………………………….. a company incorporated under the Indian Companies Act, 1956, and having its registered office at .……………………………… …………………………………………………………………………………………… herein after called “………………………………………………” which expression shall unless repugnant to the subject or the context mean and include its successors, nominees or assigns. Whereas in order to pursue the mutual business purpose of this project of this particular project as specified in Exhibit A(the “Business Purpose”), BSNL and M/S………………………… ………………………………… recognize that there is a need to disclose to one another certain information, as defined in para I below, of each party to be used only for the Business Purpose and to protect such confidential information from unauthorized use and disclosure. In consideration of the other party’s disclosure of such information, each party agrees as follows :

1. This Agreement will apply to all confidential and proprietary information disclosed by one party to the other party, including information listed in Exhibit A attached hereto and other information which the disclosing party identifies in writing or otherwise as confidential before or within thirty days after disclosure to the receiving party (“Confidential Information”). Information consists of all type of data related to BSNL mobile customers/services obtained by SUCCESSFUL BIDDER either through Back End system or directly received from BSNL , certain specifications and/or technical information, and all copies and derivatives containing such Information, that may be disclosed to one another for an during the purpose, which a party considers proprietary or confidential (“Information”). Information may be in any form or medium, tangible or intangible, and may be communicated/disclosed in writing, orally, or through visual observation or by any other means to one party (hereinafter referred to as the receiving party) by the other party (hereinafter referred to as one disclosing party). Information shall subject to this Agreement, if it is in tangible form, only if




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clearly marked as proprietary or confidential as the case may be, when disclosed to the receiving party or, if not in tangible form, its proprietary nature must first be announced and it must be reduced to writing and furnished to the receiving party within thirty (30) days of the initial disclosure.

2. M/s ………………………………………………………………… and BSNL hereby agreed at

during the Confidentiality period: a) The receiving party shall use Information only for the Purpose, shall hold

information in confidence using the same degree of care as it normally exercises to protect its own proprietary information, but not less than reasonable care, taking into account the nature of the Information, and shall grant access to Information only to its employees who have a need to know, but only to the extent necessary to carry out the business purpose of this project as defined in exhibit A, shall cause its employees to comply with the provisions of this Agreement applicable to the receiving party, shall reproduce information only to the extent essential to fulfilling the purpose, and shall prevent disclosure of information to third parties. The receiving party may, however, disclose the information to its consultants and contractors with a need to know; provided that by doing so, the receiving party agrees to bind those consultants and contractors to terms at least as restrictive as those stated herein, advise them of their obligations and indemnify the disclosing party for any breach of those obligations.

b) Upon the disclosing party’s request, the receiving party shall either return to

the disclosing party all information or shall certify to the disclosing party that all media containing information have been destroyed. Provided, however, that an archival copy of the information may be retained in the files of the receiving party’s counsel, solely for the purpose of proving the contents of the information.

3. The foregoing restrictions on each party’s use or disclosure of information shall not apply to information that the receiving party can demonstrate :

a) was independently developed by or for the receiving party without reference to the information, or was received without restrictions; or

b) has become generally available to the public without breach of confidentiality obligations of the receiving party; or

c) was in the receiving party’s possession without restriction or was known by the receiving party without restriction at the time of disclosure; or

d) is the subject of a subpoena or other legal or administrative demand for disclosure; provided, however, that the receiving party has given the disclosing party prompt notice of such demand for disclosure and the receiving party reasonable cooperates with the disclosing party’s efforts to secure an appropriate protective order; or

e) is disclosed with the prior consent of the disclosing party; or




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f) was in its possession or known to it by being in its use or being recorded in its files or computers or other recording media prior to receipt from the disclosing party and was not previously acquired by the receiving party from the disclosing party under an obligation of confidence; or

g) the receiving party obtains or has available from a source other than the disclosing party without breach by the receiving party or such source of any obligation of confidentiality or non-use towards the disclosing party.

4. Each party agrees not to remove any of the other party’s Confidential

Information from the premises of the disclosing party without the disclosing party’s prior written approval. Each party agrees to exercise extreme care in protecting the confidentiality of any Confidential Information which is removed, only with the disclosing party’s prior written approval, from the disclosing party’s premises. Each party agrees to comply with any and all terms & conditions the disclosing party may impose upon any such approved removal, such as conditions that the removed Confidential Information and all copies must be returned by a certain date, and that no copies are to be make off of the premises.

5. Upon the disclosing party’s request, the receiving party will promptly return to

the disclosing party all tangible items containing or consisting of the disclosing party’s Confidential Information all copies thereof.

6. Each party recognizes and agrees that all of the disclosing party’s Confidential

Information is owned solely by the disclosing party (or its licensors) and that the unauthorized disclosure or use of such Confidential Information would cause irreparable harm and significant injury, the degree of which may be difficult to ascertain. Accordingly, each party agrees that the disclosing party will have the right to obtain an immediate injunction enjoining any breach of this Agreement, as well as the right to pursue any and all other rights and remedies available at law or in equity for such a breach.

7. Access to Information hereunder shall not preclude an individual who has seen

such information for the purposes of this Agreement from working on future projects for the receiving party which relate to similar subject matters, provided that such individual does not make reference to the information and does not copy the substance of the information during the Confidentiality Period. Further more, nothing contained herein shall be construed as imposing any restriction on the receiving party’s disclosure or use of any general learning, skills or know-how developed by the receiving party’s personnel under this Agreement, if such disclosure and use would be regarded by a person of ordinary skill in the relevant area as not constituting a disclosure or use of the information.

8. As between the parties, all information shall remain the property of the

disclosing party. By disclosing information or executing this Agreement, the disclosing party does not grant any license, explicitly or implicitly, under any




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trademark, patent, copy right, mask work protection right, trade secret or any other intellectual property right. THE DISCLOSING PARTY DISCLAIMS ALL WARRANTIES REGARDING THE INFORMATION, INCLUDING ALL WARRANTIES WITH RESPECT TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS AND ALL WARRANTIES AS TO THE ACCURACY OR UTILITY OF SUCH INFORMATION. Execution of this Agreement and the disclosure of Information pursuant to this Agreement does not constitute or imply any commitment, promise, or inducement by either party to make any purchase or sale, or to enter into any additional agreement of any kind.

9. Either party’s failure to enforce any provision, right or remedy under this

agreement shall not constitute a waiver of such provision, right or remedy. 10. This Agreement will be construed in, interpreted and applied in accordance

with the laws of India. 11. All the disputes, differences, controversies / differences of opinions, breaches

and violation arising from or related to the agreement arises out of this Agreement between parties then same shall be resolved by mutual discussions / reconciliations in good faith.

If the dispute, difference, controversies / differences of opinions, breaches and violation arising from or related to the agreement cannot be resolved within 60 (sixty) days of commencement of reconciliations/discussions, then the same will be referred to two arbitrators, one to be appointed by each party, with an umpire to be appointed by the two said arbitrators and the arbitration will be governed by the Arbitration and Conciliation Act, 1996 of India or any statutory modification or reenactment thereof or any rules made thereof. The arbitration proceedings shall be in English language. The venue of arbitration shall be New Delhi, India.”

This Agreement will be construed in interpreted and applied and

governed in accordance with the laws of India. That in case of any dispute under this agreement the courts at New Delhi alone will have the exclusive jurisdiction.

12. This Agreement hereto constitutes the entire agreement of the parties with

respect to the parties respective obligations in connection with Information disclosed hereunder and supersedes all prior oral and written agreements and discussions with respect thereto. The parties can amend or modify this Agreement only by a writing duly executed by their respective authorized representatives. Neither party shall assign this Agreement without first securing the other party’s written consent.




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13. This Agreement will remain in effect for three years from the date of the last disclosure of Confidential Information, at which time it will terminate, unless extended by the disclosing party in writing.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized officers or Representatives.

M/s ……………………………………………… BHARAT SANCHAR NIGAM LIMITED

Signature …………………………………………. Signature …………………………………………

Printed Name …………………………………… Printed Name ……………………………………

Title ………………………………………………... Title ……………………… ………

Witnesses Witnesses

………………………………………. ………………………………………………….. 1. 1.

………………………………………. ………………………………………………….. 2. 2.




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Annexure VII

BID SECURITRY FORM

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

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

the Bidder on the Bid form or 2. If the Bidder, having been notified of the acceptance of his bid by the

Purchaser during the period of bid validity

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

the instructions to Bidders. We undertake to pay to the Purchaser up to the above amount upon receipt of its first written demand, without the purchaser having to substantiate its demand, provided that in its demand, the purchaser will note that the amount claimed by it is due to it owning to the occurrence of one or both of the two conditions, specifying the occurred condition or conditions. This guarantee will remain in force upto and including THIRTY (30) days after the Period of BID validity and any demand in respect there of should reach the Bank not later than the specified date/ dates. Signature of the Bank Authority. Name Signed in Capacity of Name & Signature of witness Full address of Branch Address of witness Tel No. of Branch




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ANNEXURE-VIII FORMAT

Sl. No.

Particulars Details

1. Company Name & Address

2. Country base/HQ

3. Do you have a set up in India? if Yes please provide details.

4. Since when you have been providing the said service continuously to the GSM Operators? – Specify date

5. No. of GSM operators to whom you are presently providing the said service.

6. Where do you propose to have POP in India for connectivity to BSNL?

7. Do you propose to process International Roaming CDRs within India or abroad ? If abroad, details of set up abroad along with its location, connectivity to POP in India, etc. Note:- National roaming CDRs / TAP files have to be processed within India.

8. Please describe your QoS including, (i) Validation of Data :- 99% of files within how many hours of Receipt ? (ii) Transmission of data from BSNL to Roaming Partner (TAP-OUT) :- 99% of files within how many hours of Receipt ? (iii) Transmission of data received from Roaming Partner to BSNL (TAP-IN) :- 99% of files within how many hours of Receipt ? (iv) Transmission of High Usage Report




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within how many hours ?.

(v) Generation of Early Alert Report based on TAPIN files reflecting home circle IMSI: within how many hours of receipt of TAPIN files ? (vi) In case of errors in TAPOUT files for which input is required from BSNL for correction of TAP files then the request for the same citing the circle name will be made within how many hours from receipt of TAP files ? (vii) New Roaming partner Setup and feedback to BSNL (in terms of TADIG and issue of TAPCC) completion of task within how many working Days ? (viii) Generation and delivery of Invoice to Respective Roaming partners based on TAP-OUT by which day of the calendar month ?

Note :-

(a) Notwithstanding the QoS stated by the applicant above, it will be the responsibility of service provider to ensure no loss of revenue to BSNL on account of any delay / non performance on part of the service provider and all stipulated time schedules specified by GSMA are met. In case of forfeiture of any claims of BSNL on their partner operators on account of non-performance of any of the services under this EOI by the Service Provider, the Service Provider shall be liable to compensate BSNL for the same to full extent.

(b) There will be no relaxation in terms of

above mentioned QoS even after additional processing of CDRs required for services like IOT check,




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NRTRDE advance, Tariff modelling etc.

9. Time frame for implementing the project

showing breakup of each activities involved.

10. Details of configuration required to be done at BSNL end

11. All assumptions and details regarding dimensioning of the solution should be provided as part of the proposal.

12. Source of information regarding this document.

(News paper / Website / others )