open tender through e- procurement for vsat network on

VSAT

Open Tender through E- Procurement

For VSAT Network on Rental Model

Document Title Tender Specifications for VSAT Network on Rental Model Document Type RFQ Bid Type Three part bid – BQ, Technical & Commercial CRFQ No 1000208374 Date of RFQ 02.04.2014 Pre bid meeting on 15.04.2014 Last Date for Submission of Bid

24.04.2014 (15:00 hrs IST)

RFQ issued by: Bharat Petroleum Corporation Limited,

Integrated Information Systems Department, Bharat Bhavan II, 4 & 6 Currimbhoy Road, Ballard Estate, Mumbai 400 001.

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Subject: Invitation of Tender for VSAT Network on Rental Model at BPCL

(CRFQ no. 1000208374 due on 17.04.2014 at 3.00 p.m.) Dear Sir / Madam,

1. You are invited to submit your offer in a three-part bid for the Subject job as per the technical

specifications and on the terms & conditions contained in this tender document. 2. Please visit the website https://bpcl.eproc.in for participating in the tender and submitting your bid

online. 3. Bidders are required to submit their bids in three part bids consisting of the following , through

this E-Tender. a. Bid -Qualification Criteria (BQC) document. b. Techno-Commercial Bid & c. Price Bids.

i)Bid Qualification Criteria (BQC) document: This should contain required Bid Qualification documents /details/relevant proof against each of the given Criteria. ii) Techno-Commercial Bid: This should contain all technical details, Literature, Leaflets etc ,confirmation of Commercial terms and conditions of the tender. iii) Price bids: This should contain Prices /Taxes against the Bill of materials.

4. First BQC bid document of bidders will be evaluated. Techno-commercial bids of only those bidders, who qualify the BQC criteria, will be evaluated further.

5. Commercial bids of only those bidders, who qualify the techno-commercial criterion, will be opened and evaluated further.

6. It is necessary, for all the un-registered vendors to submit an EMD of Rs. 1 lakh by DD drawn on any scheduled Bank payable at Mumbai, in physical form in our office at the following address before due date and time failing which bids will not be considered:

Mr. Milind Mangalgiri, IIS Department, 2nd floor, Bharat Bhavan II, 4 & 6 Currimbhoy Road, Ballard Estate, Mumbai _ 400001

EMD of the unsuccessful bidders shall be returned after finalization of the L-1 Bidder.

7. You should submit your Bid-Qualification document, Techno-commercial & price bid through online. However, the instrument i.e. EMD in the form of Demand Draft and the Integrity Pact duly signed and stamped by authorized personnel of your company to be submitted in physical form on or before the due date and time of this tender.

8. BPCL does not take any responsibility for any delay in submission of online bid due to connectivity problem or non-availability of site and/or receipt of instrument i.e. DD and Integrity Pact to be submitted in physical form due to postal delay. No claims on this account shall be entertained.

9. Incomplete tenders shall be liable for rejection without seeking any further clarification. We also reserve the right to reject any or all tenders without assigning any reasons whatsoever.

Thanking you, Yours faithfully, for Bharat Petroleum Corporation Ltd. Milind Mangalgiri

VSAT

Sr. Manager IIS (Procurement & Contracts)

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General Instructions to Tenderers for E-Tendering

a) Interested parties may download the tender from BPCL website http://www.bharatpetroleum.in (or) from the e-tendering website https://bpcl.eproc.in and participate in the tender as per the instructions given herein, on or before the due date and time of the tender. The tender available on the BPCL website can be downloaded for reading purpose only. For participation in the tender, please fill up the tender online on the e-tender system available on https://bpcl.eproc.in.

b) For registration on the e-tender site https://bpcl.eporc.in, you need to download the User Instruction Manual from the site and read it. Vendor has to select “Enrollment” and complete the “Supplier Registration Form” by filling in all the information correctly. Kindly remember the login id, password entered therein. After you complete this process, system will generate an e-mail wherein a system generated “Challenge Phrase” will be mailed to you to complete balance registration process.

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

d) In case any tenderer so desires, he may contact our e-procurement service provider M/s. C1 India Pvt. Ltd., Mumbai (Contact no. 022-32444300/ 65281885/ 65281886) for obtaining the digital signature certificate.

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

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

Pre-qualification Bid Techno-commercial Bid Priced bid

g) Directions for submitting online offers, electronically, against e-procurement tenders directly through internet:

(i) Tenderers are advised to log on to the website (https://bpcl.eproc.in) and arrange to register themselves at the earliest.

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

(iii) Tenderers are advised in their own interest to ensure that their bids are submitted in e-tender system well before the closing date and time of bid. If the tenderer intends to change/revise the bid already entered, he may do so any number of times till the due date and time of submission deadline. However, no bid can be modified after the deadline for submission of bids.

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(iv) Once the entire process of submission of online bid is complete, the tenderers are required to go to option ‘own bid view’ through dashboard and take the print of the envelope receipt as a proof of submitted bid.

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

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

h) Once the un-priced bids are opened, tenderers can see the list of tenderers who have participated in the bid by logging on to the portal under their user ID and password and clicking on “Other Bids” view. Subsequently, once the price bids are opened , tenderers can see the rates quoted by all the participating bidders using the same option.

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

j) BPCL and/or the e-tender service provider shall not be responsible for any direct or indirect loss or damages and or consequential damages, arising out of the bidding process including but not limited to systems problems, inability to use the system, loss of electronic information etc.

k) In case of any clarification pertaining to e-procurement process, the tenderer may contact the following agencies / personnel:

1. For system related issues :

a. M/s.C1 India at contact no. 022-32444300/ 65281885/ 65281886 followed with a e-mail to id [email protected]

2. For tender related queries: a. Mr. KS Swaminathan of BPCL at contact no. 022-22714264 followed with an email

to ID [email protected]

b. Mr. Milind Mangalgiri of BPCL at contact no. 022-22713754 /22714214 followed with an email to ID [email protected]

The responsible person of the tender is Mr. Milind Mangalgiri of BPCL at contact no. 022-22713754 / 22714214.

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Integrity Pact (IP) Proforma of Integrity Pact as per attached Annexure shall be uploaded by the Bidder/s

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

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

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

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

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

Shri Brahm Dutt No. 82, Shakti Bhavan Race Course Road Bangalore 560 001 Tel: 080-22256568/09731316063

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Commercial Terms & Conditions 1. Pricing Type

a) The quoted rates shall be valid for acceptance for the period of 90 days from the date of

opening technical bid. b) The Vendor should quote separately for Basic price, Excise duty and VAT / CST as

applicable in the Price Bid. Rate of Excise duty, VAT / CST and service tax as applicable on the material should be quoted separately in the un-priced bid.

c) Variation in the rates for Statutory levies/ taxes / duties during the tenure of the contract

for supplies within delivery schedule will be allowed only on the submission of documentary evidence from Govt. / Statutory Authorities and its acceptance by BPCL.

d) Vendor to quote separately for Supplies i) Within Maharashtra and ii) out of

Maharashtra. In case, vendor supplies goods to locations within Maharashtra, from Maharashtra,

BPCL shall avail Vat Credit subject to the vendor has TIN Certificate for the same and billing also being made from within Maharashtra.

Vendor should submit Maharashtra VAT Reg. No (TIN No) along with a copy of the

registration certificate. All the invoices raised should be #TAX INVOICES# and should be in the manner set out under section 86 of the ACT, so as to ensure that Input Tax Credit could be availed by BPCL on purchases from you within Maharashtra.

TAX Clause Rate of VAT applicable on the material supplied should be separately mentioned in the Tender Form. For deriving at the material component of the works contract please mention the method followed which can be either of the following:-

a) Actual material used- giving the details of the actual material used and the applying the rate of VAT on each as per Schedule on each of them.

b) Standard deduction method- Applying the standard deduction percentage (as specified in ACT #depending on type of contract) on the contract value to derive the material cost.

c) Composition scheme- Whether opted for composition scheme under MVAT act.

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1. INTRODUCTION BPCL aims to provide network connectivity to its automated Retail Outlets (ROs), Installations, Depots, LPG Bottling Plant, Aviation Fueling Station (AFS) etc. BPCL requires VSAT network connectivity for RO automation systems to communicate to bank and BPCL’s centralized control center for financial transactions & monitor the operations. VSAT shall be primary link at ROs. For other Locations, VSAT connectivity will be used as a primary/fallback link. Following points need to be considered while designing the network:

• The data volume between 15 MB to 25 MB is observed from RO per day. • Secure & Scalable Network • Reliable & Stable connectivity

BPCL expects the service provider to supply, install, maintain the VSAT network and associated Backhaul networks on rental basis in a following manner:

The project envisages the overall Contract period of 6 years. While the backhaul & Internet link will be in operation for the total period of contract i.e.

6 years. The VSATs would have the operational period of 5 Years from the date of

commissioning of respective VSATs. The Pooled Bandwidth will be operational for the period of 5 years from the respective

Purchase Orders (POs). The total implementation and VSAT roll-out period would be 12 months from the date of

issue of first PO.

The VSATs, and Pooled Bandwidth will have multiple POs spanning over the period of 12 months. The Backhaul & Internet Link will have separate POs in the beginning of the contract from IIS and Retail.

2. SUBMISSION OF BIDS - Last date of Submission of Bids: 1500 HRS on 24.04.2014 3. Pre Bid Meeting shall be held at : 1100 HRS on 15.04.2014 at Venue: will be published in

BPCL site in due course.

4. SCOPE OF WORK (SOW)

The Bidder’s scope of the assignment would involve the following: General

4.1 The VSAT equipment & network bandwidth as per Bill of Material (BOM), would be on rental basis. The supply, installation and commissioning at designated locations should be as per the time schedule mentioned in the Purchase Order (PO).

4.2 All VSAT equipment supplied and installed for BPCL under this tender / work order must be brand new. The vendor cannot use existing / old / refurbished equipment. Vendor has to support their claim with documents like PO copy of the deployed VSATs & their installation reports.

4.3 Services for Installation of VSAT, Site Survey, Feasibility study and any Statutory

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Clearances like WPC, DOT, SACFA etc. are in the scope of the Vendor.

4.4 Vendor shall check the existing power condition & earthing system at each location and provide a detailed document containing the site readiness requirements to BPCL.

4.5 Supply and laying the required length of network cables connecting VSAT indoor unit to the network switch at each site is in the scope of the vendor. Cable has to be laid inside the flexible conduit.

4.6 Separate PO would be raised by IS and Retail SBU. One Pooled bandwidth of 256 Kbps each will be required initially for BPCL’s locations and Retail Outlets. All the locations would be connected thru this pooled bandwidth on 24*7basis. All necessary equipment hardware/software etc., required to connect the link to the Router port shall be provided by the selected vendor.

Subsequently, on demand, the vendor is required to provide additional dedicated pool bandwidth in multiple of 256 Kbps. For the purpose of quantity discount calculations, Bidders may assume a total bandwidth requirement of 12 Mbps for fully commissioned VSAT Network.

4.7 The VSAT bandwidth is to be configured into multiple channels and should have provisions to have different in-route / out-route for ROs & BPCL locations as per BPCL’s instructions from time – to – time. The VSAT bandwidth for RO & BPCL locations to be treated as two independent setup.

4.8 As financial transactions shall pass through the network, a secured network shall be provided by the vendor. This network provided by vendor may be utilized for use of various financial / non-financial applications not mentioned in this document.

4.9 The Connectivity at VSAT Hub shall be through secure channel to ensure smooth flow of the data between Hub to bank & Hub to BPCL DCs over MPLS Backhaul. Others (Dealer, distributor etc..) can access the sites thru Internet. For enhanced security, UTM to be installed at Vendor HUB & managed by the Vendor as per the UTM specifications given in the RFQ.

4.10 A monthly uptime report will be provided by selected vendor for each site, and backhaul link along with executive summery. The report format shall be discussed with selected vendors after issuing PO.

4.11 Maintenance and upkeep of all equipment provided by vendor shall be the responsibility of the vendor. Vendor to ensure that the VSAT equipment have adequate safety measures (Surge protector etc.) to take care of voltage fluctuation / earthing etc. BPCL will provide necessary power for the equipment to be deployed by the vendor.

4.12 Vendor shall take adequate insurance cover for the equipment provided at the site against theft, fire, Natural calamities etc., at its own cost. Vendor would submit evidential proof of insurance taken for VSATs every year.

4.13 Vendor shall maintain the connectivity at each location on 24*7basis and shall rectify the defect on receipt of complaint from BPCL BROMA for Retail VSAT and web based interface for IS VSATs to maintain the SLA of this RFQ document. Vendor has to provide the call registration and escalation matrix. Vendor also has to monitor the sites through their NOC (Network Operation Center) to prevent the link failure.

4.14 During the tenure of the contract, the vendor shall bear all the operational costs

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except VSAT re-location cost which arise due to Line of Sight (LOS) issues associated with VSAT commissioned.

4.15 The connectivity shall be provided in any technically feasible locations within geographical boundaries of INDIA, as per BPCL’s requirement. Thus vendor shall be able to provide connectivity & support anywhere in the country except LOS cases.

4.16 Management of the installed network using Network Management Software (NMS) from the vendor’s hub is included in the vendor’s scope of work.

4.17 Vendor has to ensure that VSAT network latency doesn’t increase beyond 800 ms at any point of time from remote VSATs to BPCL Datacenters and Bank under no load condition. In case latency exceeds 800 ms for more than twice in a day, this would be counted as downtime for network bandwidth. The down time will start from the time second instance of latency > 800 ms is reported and end when NOC reports normal latency as verified by BPCL. Decision of BPCL shall be final.

4.18 Any damage to BPCL’s property during execution of work will be attributable to the vendor. Vendor has to replace the damaged property at their own cost subject to a maximum cost of 5% of the PO value will be calculated per instance basis.

4.19 The other equipment which are not mentioned in this RFQ and are required for making the VSAT WAN live on the network shall be provided by the vendor at no additional cost to BPCL.

4.20 Project implementation is envisaged over a period of 18 months. AMC and Support for the VSAT at each location shall be for a period of 5 years from the date of installation of VSAT.

4.21 Dismantling & removing existing BPCL’s old VSAT equipment (of 926 numbers), wherever applicable, is in the scope of the successful vendor at no extra cost to BPCL. The dismantling of old VSAT to be done at the time of installation. These old equipment are BPCL property and cannot be used by the vendor in any manner. The equipment is to be kept at the site. Any transportation of the old equipment is out of scope of this tender.

4.22 Service Provider has to provide one dedicated Rack-Space (42U) to BPCL at vendors Hub site for hosting Routers, UTM, etc.

4.23 As and when required, vendor has to replace the faulty items on receiving written approval by the authorized persons of Regional Retail Office or IS over e-mail for their respective sites. Vendor has to claim the equipment cost as per agreed rate contract by submitting the invoices to respective Regional Retail Office or IS.

Scope of Work for ROs

4.24 One Backhaul link from Vendor Hub center to Bank, must be installed within 45 days from the date of first Purchase Order. This Backhaul link needs to be dedicated for BPCL users.

The payments for the VSATs and the Backhaul link shall be made only after both are commissioned and the traffic from VSAT sites to Bank (HDFC Bank DC, Mumbai)/BPCL Datacenters (CDC, Mumbai & IDC, Greater Noida) starts flowing.

4.25 Designing and implementing a VSAT based IP wide area network with following data links with each link terminating on separate routers at vendors hub:

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(A) 2 X 1 Mbps dedicated MPLS Backhaul Link from different Service Providers at VSAT Hub to Bank for RO related network traffic.

(B) 2 X 2 Mbps Internet Link from different Network Service Providers at VSAT Hub (for transferring data to Retail Automation Servers & for accessing automation applications through Remote View).

The network will carry primarily FCC, POS, Credit Card Transaction and Remote View related traffic for RO locations and for some ROs such as COCO / OSTS etc. it will carry SAP, Anti-Virus, E-Mail etc. related traffic.

4.26 The vendor has to provide remote access to each VSAT location through Internet. Vendor shall ensure that each location / IT equipment is accessible thru either dedicated IP addresses or otherwise. Successful bidder has to design final VSAT Network in consultation and co-ordination with BPCL Network Team.

4.27 The vendor has to provide a web based access to enable BPCL & its dealers to access, through internet, various reports / data / remote view at any of the RO / location without any further cost to BPCL. The report format shall be discussed with selected vendors after issuing PO.

4.28 PO for VSAT equipment (mentioning address of Retail Outlet where VSAT is to be installed) and pooled Bandwidth would be issued by Regional Offices of Retail SBU. The rates quoted by the vendor shall be uniform across the country for all locations. The billing for VSAT rents, support & bandwidth pertaining to Retail shall be done on Quarterly basis and sent to four Regional Offices.

The bifurcation of rental, support (RO wise) and pooled bandwidth charges would be done by the vendor as per the instructions in the PO issued by Regional Offices.

4.29 Rooftop work at ROs is outside the scope of the vendor. BPCL shall make arrangements for rooftop work at these locations.

4.30 Vendor shall check the existing power condition & earthing system at each location and suggest any changes required during site readiness check. For any civil work or earthing at ROs, is outside the scope of the vendor, BPCL will be responsible for carrying out the civil works and proper earthing at these locations, which are identified during the site inspection.

4.31 Supply and installation of Electrical (AC) & UPS at ROs is out of the scope of this vendor. BPCL shall be responsible for the AC and UPS at these VSAT Locations(ROs).

Scope of Work for BPCL Locations (Depot, Installation, LPG Plants, AFS etc)

4.32 Two separate Backhaul links, one from Vendor Hub center to BPCL DC and another from Vendor Hub to BPCL DR, must be installed within 45 days from the date of first Purchase Order. These backhaul links needs to be dedicated for BPCL users.

The payments for the VSAT and the Backhaul links shall be made only after both are commissioned and the traffic from VSAT sites to BPCL Datacenter starts flowing.

4.33 Designing and implementing a VSAT based IP wide area network with following data links with each link terminating on separate routers at vendors hub:

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2 x 4 Mbps MPLS connectivity from Vendor’s Hub to BPCL’s Primary Datacenter (CDC, Sewree) and DR (IDC, Greater Noida) for BPCL location traffic.

The network will carry primarily SAP, Anti-Virus, E-Mail etc. related traffic.

4.34 Vendor shall ensure that each location / IT equipment is accessible thru dedicated IP addresses. Successful bidder has to design final VSAT Network in consultation and co-ordination with BPCL Network Team.

4.35 The vendor has to provide a web based access to enable BPCL to access, various reports / data at any of the location without any further cost to BPCL. The report format shall be discussed with selected vendors after issuing PO.

4.36 PO for VSAT equipments (mentioning address of Installations / depots/ Bottling Plant/ AFS etc. where VSAT is to be installed) and pooled Bandwidth would be issued by IS department. The rates quoted by the vendor shall be uniform across the country for all locations. The billing for IS VSAT rent, support & bandwidth shall be done on Quarterly basis and sent to IIS Department.

The bifurcation of rental, support and bandwidth charges would be done by the vendor as per the instructions in the PO issued by BPCL.

4.37 Vendor shall make arrangements for all kinds of civil work, related to installation of VSAT antenna at Depot, Installation, LPG Bottling Plant, AFS etc, if identified during site inspection. The vendor shall carryout the job as per agreed rate contract on written approval from authorized person from IS.

4.38 For any earthing, vendor will be responsible for carrying out the civil works and proper earthing, which are identified during the site inspection. The vendor shall carryout the job as per agreed rate contract on written approval from authorized person from IS.

4.39 Maintenance and upkeep of all equipments provided by vendor at Depot, Installation, LPG Bottling Plant, AFS etc shall be the responsibility of the vendor only. BPCL will provide necessary power for the equipments to be deployed by the vendor. BPCL shall have no responsibility for any damage to the equipment on account of voltage fluctuation etc. at these BPCL locations.

5. OBLIGATIONS OF BPCL:

5.1 VSAT service provider shall complete a Site Readiness check as per mutually agreed installation checklist. Such checklist must be completed by RO in-charge / location (BPCL) in-charge and signed-off by the VSAT service provider.

5.2 BPCL shall be responsible to provide Platform/Monkey cage/Snow Shield, if any.

6. PRE-QUALIFICATION CRITERIA

Bid-Qualification criterion (BQC) being the first step in the tendering process, the following BQC is proposed for selection of the vendors through Press-Tender. The bidder must fulfill each of the following criteria in order to qualify for the tender:

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Criteria: 1 – Capacity for Providing VSAT Services

A. Bidder should be a registered Company or registered subsidiary Companies.

Subsidiary companies: In case of subsidiary companies (not more than two companies and it should be 100% owned subsidiary), bid shall be submitted by the lead bidder only. All liability with respect to the tender, PO and Project execution including Comprehensive Annual maintenance Contract (CAMC) will rest with lead bidder only.

Evidence/Documents Required:

i. Certificate of incorporation of individual bidder and in case of subsidiary company certificate of incorporation of both the companies. An undertaking on a non-judicial stamp paper of Rs. 100/- declaring that the bidder is the lead bidder.

ii. An undertaking from Lead bidder on their Company Letterhead that all liabilities with respect to the tender, PO and Project execution including Comprehensive Annual maintenance Contract (AMC) will be with the lead bidder.

And

B. The bidder should be a VSAT service provider and should have experience of managing large VSAT setup with a minimum of 1760 VSATs in India during any one year in last 7 years ending on 28 Feb, 2014.

Evidence/Document Required: Copy of declaration submitted to DoT mentioning the number of operating VSATs in past seven years, in support of criteria –1 above.

Criteria: 2 – Regulatory Compliance

Bidder shall have the licenses / permissions / clearances from various regulatory authorities to offer VSAT services as per our requirement on rental model. All of the above should have been issued in the name of Lead Bidder / 100% subsidiary company with current validity.

Evidence/Documents required from Bidder:

i) Copy of valid NOCC, WPC & DOT clearances & certificates. All the certificate should be valid as on the date of submission of the bid.

ii) An Undertaking stating that it would be lead bidder’s responsibility to get renewed the above mentioned certificate from time to time. The bidder is responsible for fulfilling all services throughout the contract period

Criteria: 3- Service Network

The bidder must have support/Service centers at minimum TEN locations in India for supporting and maintaining VSAT equipments.

Evidence/Documents required from Bidder:

i) An undertaking from bidder on his letter head duly signed by the Company Secretary / authorized signatory that the bidder is responsible for fulfilling all the support & services throughout the contract period.

ii) Bidder to provide details of its service / support centres along with details of personnel - contact person name, contact number(s) & addresses of the centers.

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Criteria: 4 - Financial Capability

The bidder must have a minimum average annual financial turnover of Rs. 9.8 Crs during the last 3 years, ending 31st March 2013

Evidence/Documents required from Bidder: Copy of Audited Balance sheet (2010-11, 2011-12 and 2012-13).

Criteria: 5 - Financial Capability

Net worth: Bidder’s net worth as per the latest audited Balance sheet (Financial Year 2012-13) should be positive. Evidence/Documents required from Bidder: Copy of Audited Balance sheet (2012-13).

Data required in respect of criteria 4 and 5 mentioned above should have been certified/audited be certified by a Chartered Accountant. (All charges of the Chartered Accountant for attestations and verification shall be borne by the Vendors.)

Bidders are required to qualify each of the above mentioned Bid Qualification Criteria to become eligible for the Techno-commercial bid evaluation.

7. TECHNO-COMMERCIAL QUALIFICATIONS

7.1 Submit the Documentary Proof in support of Technical Specifications compliance.

7.2 Bidder should have valid license for operating the commercial VSAT service (not for its own usage) on Ku-Broadband. Expected bandwidth requirement is 12 Mbps over the period of 12 months, initial purchase order may start with 256 Kbps dedicated pool bandwidth, which could be increased to 12 mbps by subsequent purchase order issued on the same rates. An undertaking would be required to be submitted by Bidder, that bidder will be able to provide VSAT bandwidth as and when required upto total of 12 Mbps at the same rates within 6 weeks from the date of issue of purchase order for additional bandwidth.

7.3 Bidder have to submit a declaration on company letterhead duly attested by competent authority / company secretary, that the bidder will supply and support for the full quantities as mentioned in the BOM of this tender.

7.4 The proposed solution architecture must be acceptable to BPCL Security & Network teams. The Bidder has to make a technical presentation on the proposed architecture to BPCL team at Mumbai. Presentation should contain:

a. Detailed Solution Architecture b. Project Plan c. Support Plan d. Risk Analysis

8. TECHNIICAL SPECIFICATIONS

8.1 Router equipment for backhaul termination: The vendor shall commission & maintain required number of Cisco/Juniper/HP routers at its Hub Center in high availability (HA)

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mode. This is to ensure that the uptime SLAs are met. Routers to be installed at Vendor Hub as per the Router specifications given in the RFQ (Annexure-III).

8.2 Ethernet Interface on VSAT IDU - The VSAT IDU should have at least one on-board Ethernet interfaces.

8.3 Encryption: To ensure security of the data and financial transactions, end-to-end IPSEC encryption is required. This can be 3DES or the latest 256-bit AES encryption standard. Encryption of data, if any, would be done by BPCL. The VSAT network should be capable of transmitting encrypted data.

8.4 IPv6 Support: The VSAT equipment supplied should be IPv6 compliant. In case of any deviation on IPv6, bidder must give undertaking that if government agencies makes IPV6 protocol for communicating VSAT mandatory during the contract period, then the bidder will upgrade the VSAT equipments to support IPV6 protocol, without any additional financial implications to BPCL.

8.5 Unified Threat Management (UTM): For enhanced security, UTM to be installed at Vendor HUB as per the UTM specifications given in the RFQ (Annexure-IV) & the same to be managed by Vendor.

9. SERVICE LEVEL AGREEMENTS (SLAs) & PENALTY

Support: 24 x 7

For Retail locations, Support calls will be entered in BROMA package of BPCL and vendor would get an e-mail & SMS alert. After addressing the complaint, the vendor has to close the call in the BROMA package (The call can be closed thru SMS also). All uptime calculations would be done by BROMA package and are enforceable to the vendor.

For BPCL locations, vendor has to provide a web based support portal to log the support calls. The WEB portal should also provide up-time reports as and when required.

9.1 Uptime SLA for VSAT Hub & Network bandwidth

9.1.1 Uptime SLA for Pooled Bandwidth/Internet/MPLS link: Bidder to ensure that the quarterly uptime for Pooled Bandwidth, Internet & MPLS link is at least 99% at Vendors Hub. Unavailability of service (partial or full) shall be treated as downtime. If either pooled BW or Internet or MPLS link goes down, it would be considered as downtime of VSAT Hub.

9.1.2 Penalty for breaching of uptime of Pooled bandwidth/Internet/MPLS link: Any breach of uptime SLA of pooled bandwidth/Internet/MPLS link would be penalized as follows:

i. Penalty on breach of uptime of pooled bandwidth/Internet/MPLS link would become applicable if during the quarter, total accumulated downtime of pooled bandwidth/Internet/MPLS link exceeds 1% (i.e. 21.6 hrs per quarter).

ii. Penalty would be calculated at Rs. 1000/- per hour for every hour of

VSAT

downtime beyond the permissible downtime. Penalty amount shall be limited to ONE month pooled bandwidth charges.

iii. Debit note would be raised against such penal amount and amount would be adjusted in the subsequent / pending amount payable to the successful bidder.

9.2 Uptime SLA for Remote VSAT at Retail Outlet

9.2.1 Uptime SLA for Remote VSAT: Vendor to ensure that the quarterly uptime for Remote VSAT infrastructure is at least 98%, calculated on quarterly basis for each VSAT separately. Unavailability of service (partial or full) shall be treated as downtime.

9.2.2 Resource mobilization & resolution SLA: Vendor to ensure that the repair / replacement of VSAT infrastructure is done within reasonable time and within SLA defined in this document. The vendor would get 24 hours to mobilise the resources / replacement parts / equipments etc. & to resolve the call from the time the call is logged in BROMA. The mobilisation time (maximum of 24 hrs) would not be counted while calculating 98% uptime for each VSAT location and computing penalties for breach of resolution SLA. Vendors in their own interest are advised to resolve each call logged at the earliest, without waiting for the maximum time defined here.

9.2.3 Penalty for breaching of uptime of VSAT Infrastructure : Any breach of uptime SLA of VSAT Infrastructure at ROs would be penalized as follows:

i. Penalty on breach of uptime of VSAT Infrastructure would become applicable if during the quarter, total accumulated downtime of VSAT infrastructure exceeds 2% (i.e. 43.2 hrs per quarter).

ii. Penalty would be calculated at Rs. 4/- per hour of downtime beyond the permissible downtime till the amount equals ONE month support (AMC) charges, after which it would be calculated at Rs. 40/- per hour for subsequent downtime till it reaches 5% of the respective PO value (including taxes).

iii. Debit note would be raised against such penal amount and amount would be adjusted in the subsequent / pending amount payable to the successful vendor.

9.3 Uptime SLA for Remote VSAT at BPCL Locations (Depot, Installation, AFS etc..)

9.3.1 Uptime SLA for Remote VSAT: Vendor to ensure that the quarterly uptime for BPCL locations Remote VSAT infrastructure is at least 98.5%, calculated on quarterly basis for each VSAT separately. Unavailability of service (partial or full) shall be treated as downtime. Vendor to ensure that the repair / replacement of VSAT infrastructure to be done within the SLA period.

9.3.2 Penalty for breaching of uptime of BPCL Location VSATs: Any breach of uptime SLA of VSAT Infrastructure at BPCL locations would be penalized as follows:

i. Penalty on breach of uptime of VSAT Infrastructure at BPCL locations

VSAT

would become applicable if during the quarter, total accumulated downtime of VSAT infrastructure exceeds 1.5% (i.e. 32.4 hrs per quarter).

ii. Penalty would be calculated at Rs. 100/- per hour of downtime beyond the permissible downtime to a maximum of 5% of the respective PO value (including taxes).

iii. Debit note would be raised against such penal amount and amount would be adjusted in the subsequent / pending amount payable to the successful bidder.

9.4 Project Execution delays & Penalty

9.4.1 Project Execution Plan: A tentative quarterly Project execution plan is given in this document. After issuing PO, the successful bidder is required to prepare, in consultation with Retail / IS team, a Project execution plan and take the written approval of the Retail / IS Project Manager on the Project execution plan. Once the Project execution plan is mutually agreed and signed by Project Managers of BPCL & successful bidder, it would be binding and all project delays would be calculated from the dates mentioned in the Project execution Plan.

9.4.2 Delay in delivery & installation: Vendor is required to supply and install VSATs within 6 weeks from the date of issue of PO. The timeline includes the locations where road permit is required. Penalty for delays attributable to the vendor shall be calculated @ Rs 100/- per day/VSAT, subject to a maximum of 5% of the respective PO value (including taxes), beyond which BPCL reserve the right to initiate appropriate action against the successful bidder. Debit note would be raised against such penal amount and amount would be adjusted in the subsequent / pending amount payable to the successful bidder. Any delay attributable to BPCL must be promptly reported in writing, within 24 hours of the incident, to the notice of Project-in-charge, without which no claims for exemption would be accepted.

‘Site Survey’ and ‘Installation Certificate’ must be maintained by the vendor for future reference like Penalty Calculation. The formats would be finalized in consultation with BPCL. The vendor is also required to submit Proof of Delivery (POD) of all the VSAT equipments delivered at the BPCL sites.

9.5 Termination of Contract:

9.5.1 If the vendor fails to restore the entire network operation within the stipulated time as per SLA and cumulative penalties exceeds the maximum penalty defined in this document i.e. 5% of respective PO value (including taxes), BPCL reserves the right to cancel the entire contract.

9.5.2 Where the VSAT site is down for more than a month within a quarter, BPCL shall have the right to terminate the services for that site.

9.5.3 Where the entire Network is down, for what so ever reason for, more than a week, BPCL shall have the right to cancel the entire contract.

10. PROJECT PLAN / DELIVERY SCHEDULE

VSAT

The Project is to be completed within 12 elapsed months from the date of issue of first PO.

10.1 Work has to be completed within defined SLA elsewhere in this document. 10.2 Separate Purchase orders will be issued by IS and Regional offices of Retail

SBU giving schedule of implementation.

For 2200 location including 200 BPCL locations. Following tentative plan is listed below:

10.3 The Installation & Commissioning of VSATs shall be done based on the

readiness of the BPCL sites for VSAT. Tentative region wise VSAT rollout plan for 2200 V-SATs is as follows:

Q1 Q2 Q3 Q4 Total

IIS Existing Sites 200 0 0 0 200

Retail Existing Sites 500 0 0 0 500

New Sites

SR 50 200 160 0 410

NR 50 200 160 0 410

WR 50 200 160 0 410

ER 25 150 95 0 270

875 750 575 0 2200

While physical installation and commissioning at ROs / locations would be carried out during the month, however billing of the VSAT would be done from 1st of the succeeding month for easy monitoring. Pooled bandwidth charges would be payable from the date of allocating the bandwidth to BPCL. Assuming the PO is issued on 30/4/2014, Q1 to Q4 will refer to May 2014 to April 2015.

11. PAYMENT TERMS The Installation and commissioning of the site shall be complete only when Installation report is jointly signed by bidder’s representative and BPCL personnel/Dealer for the site. All the payments towards Rental & Support charges shall be made as per the actual number of sites commissioned.

11.1 Against Retail PO :

Quarterly payment at the end of the quarter with 100% of rental & support charges of equipments per site, pooled Bandwidth along with backhaul bandwidth to Bank and Internet bandwidth for RO’s would be paid after due deduction of any penal payment, if

VSAT

any , by four regions of Retail, after completion of three months of operations and production of invoices.

(Delivery challans and commissioning reports signed by RO in-charge and vendor’s Engineer, where the VSAT and other related networking equipments are installed should be produced.)

11.2 Against IIS PO :

Quarterly payment at the end of the quarter with 100% of rental & support charges of equipments per site, pooled Bandwidth along with backhaul bandwidth to BPCL would be paid centrally after due deduction of any penal payment, if any, by IS – After three months of operations and production of invoice.

(Delivery challans and commissioning reports signed by location in-charge and vendor’s Engineer, where the VSAT and other related networking equipments are installed should be produced for the first time).

11.3 Payment Against Consumption of Unit Items:

The quantity mentioned for the Unit Rates are indicative. 100% payments would be done on actual consumption of the Unit items as per agreed rate contract, by respective Retail Regional office/ IS, after submission of the work completion certificate and production of invoice.

(Delivery challans and installation reports signed by RO/location in-charge and vendor’s Engineer should be produced along with written approval taken from authorized person from BPCL to carry-out the job.)

11.4 Penalties, if any, are to be deducted separately by issuing Debit Notes by IIS and Retail as per their respective PO’s from the subsequent / pending amount payable to the successful bidder.

11.5 Deemed Installed: Due to BPCL dependency, if the site is not ready within one month from the date of delivery of the equipment at the site, the site shall be considered as deemed installation and the rental from same would be started from 1st of the following month. However the vendor should report in writing to BPCL the material dispatch status and delay on the account of site readiness.

12. NEW & UNUSED MATERIAL :

12.1 All the material supplied by the bidder shall be branded new & unused.

12.2 BPCL shall have the rights to inspect the equipment at Vendors premises before dispatch.

13. OTHER CONDITIONS

13.1 All licenses required to use VSATs at ROs / locations must be provided by the vendor without any additional cost to BPCL. All liabilities due to non-compliance of licenses will be on account of vendor.

13.2 BPCL reserves the right to move the VSATs deployed at BPCL locations to ROs or vice-

VSAT

versa with the same terms & conditions as stated in the RFQ during the respective contract period of 5 years.

14. Other Contractual Stipulations

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

b) NDA Clause: The successful bidder has to sign the 'Non Disclosure Agreement(NDA)' on Rs. 100/- stamp paper (Non Judicial) from their competent authority as a compliance for the 'Non Disclosure Agreement' in line with BPCL's IS Security Policy(Soft copy of NDA will be provided to you once the tender is finalized). Purchase orders will not be placed without entering into above NDA. If NDA has already been submitted, please ignore this clause.

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

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

e) Right to Audit: BPCL reserves the right to audit or inspect work performed by the vendor. BPCL may participate directly or through an appointed representative, e.g., Mutually Agreeable external auditor, in order to verify that the tasks related to this project have been performed in accordance to the procedures indicated.

f) IP (Intellectual Property) Organization retains all rights to its pre-existing intellectual property and any

intellectual property it creates in connection with the agreement; and The vendor assigns to organization all rights in any work product developed

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

g) Arbitration clause: In case of any dispute or differences arising under and out of, or in connection

with the contract, shall be referred to the sole arbitration by an arbitrator appointed under the provision of Indian arbitration Act and conciliation Act 1996 and subject to jurisdiction of courts in Mumbai only.

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

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15. CONTRACT VALIDITY & DURATION OF CONTRACT

15.1 The Purchase Order may be placed in parts or full, within a period of 12 months from the date of issue of first PO, by BPCL. BPCL reserves the right to purchase an additional quantity by placing repeat orders at the concluded prices for this tender within a period of 12 month from the date of issue of first PO. The quantity or number of equipment to be purchased as mentioned in section 16(Bill of Material) is only indicative.

15.2 The Entire contract period is of 6 years from the date of issue of 1st purchase order. However, the contract period for performance of services shall be for 5 years from the date of Installation of respective VSATs.

15.3 For L1 evaluation purpose, 100 quantities of each VSAT spares will be taken into consideration. The rates for these 100 quantities are applicable for replacing faulty VSAT parts if BPCL is responsible for the fault, during 6 years of contract period. BPCL reserves the right to authorize the vendor to replace the faulty parts in part or full quantity with the agreed rates during 6 years of contract period.

15.4 BPCL reserves the right to place an order of additional 20% pool VSAT bandwidth (i.e. 2.4 Mbps on above 12Mbps pooled bandwidth) with the agreed rates, partially or fully, at its discretion during 6 years of contract period.

15.5 For supplied items, the price quotation shall remain firm for a period of five years for VSAT equipments and 6 years for all network bandwidth charges. No change shall be allowed on account of changes in Government levis such WPC Royalty Charges, Transponder Charges, License fees etc. However, any change in the other government taxes and Octroi shall be acceptable to both BPCL and vendor during the contract period.

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BILL OF MATERIAL

16.1 Retail BOM

All cables are required to be inside a flexible conduit at each RO.

SL No

ITEM Unit Quantity (Numbers)

1 Rent per VSAT per month 1 Number 2000 2 Support Charges per month 1 Number 2000 3 MPLS Backhaul from two different service provider

from VSAT Hub to BANK 1 Mbps 2

4 Internet link from two different ISP at VSAT Hub 2 Mbps 2 5 Pooled VSAT bandwidth for RO’s between VSAT

site to Hub 256 Kbps 1

Note:

1. The minimum VSAT quantity for ROs is 2,000 VSATs including approx 500 ROs where existing VSAT is to be dismantled.

2. The short-listed bidder is required to supply additional Pooled VSAT bandwidth in the multiple of 256 Kbps, if required by BPCL.

16.2 IIS BOM All cables are required to be inside a flexible conduit for BPCL locations.

SL No

ITEM Unit Quantity (Numbers)

1 Rent per VSAT per month 1 Number 200 2 Support Charges per month 1 Number 1 3 Pooled VSAT bandwidth for Depot’s between VSAT

site to HUB 256 Kbps 1

4 MPLS Backhaul from Service provider VSAT Hub to BPCL DCs (PR & DR site)

4 Mbps 2

Note:

1. The indicative quantity for BPCL location is 200 VSATs, and at all these locations existing VSAT is to be dismantled.

2. The 200 VSAT locations for IIS BOM, the RFT should support 512Kbps capacity. 3. The short-listed bidder is required to supply additional Pooled VSAT bandwidth in the

multiple of 256 Kbps, if required by BPCL

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16.3 Unit Rate of items for placing order in Next 6 Years

SL No

ITEM Unit Quantity

1 Antenna 1 Number 100 2 Cable in Pair from Antenna Per pair /ft 1000 3 Connector in Pair Per Pair 100 4 IDU 1 Number 100 5 RFT at RO 1 Number 100 6 RFT at BPCL Location (Support 512 Kbps) 1 Number 20 7 Installation Charges along with flexible conduit Lumpsum 100 8 VSAT Relocation Charges * 1 Number 100 9 Backhaul from Service provider VSAT HUB to

BANK 1 Mbps 1

10 UPS of ½ KV 1 Number 100 11 Civil work for Installing Antenna 1 Number 100 12 Earthing as per BPCL specifications 1 Number 100

Note:

1. * The Transportation charges would be paid on actual basis. 2. For L1 evaluation purpose, values of 100 quantities of each VSAT spares will be taken

into consideration. These rates are applicable of replacing faulty VSAT parts on account of BPCL.

3. The short-listed bidder is required to supply additional MPLS Backhaul links in the multiple of 1 Mbps, if required by BPCL.

VSAT

ANNEXURES - 1

Proposed Architecture For Retail

For IIS

VSAT

Annexure – II Un-priced Bid

All amount must be in Indian Rupees

Retail BOM

SL No

ITEM Duration (Months) (A)

Unit Qty (B)

Unit Rate (C) Per month

Amount (A x B x C)

Taxes Total

1 Rent per VSAT per month 60 1 No 2000 2 Support Charges per month 60 1 No 2000 3 MPLS Backhaul from two

different service provider from VSAT Hub to BANK per month

72 1 Mbps 2

4 Internet link from two different ISP at VSAT Hub per month

72 2 Mbps 2

5 Pooled VSAT bandwidth for RO’s between VSAT site to Hub per month

60 256 Kbps

24

IIS BOM

SL No

ITEM Duration (Months)

(A)

Unit Qty (B)

Unit Rate (C) Per mon

th

Amount(A x B x

C)

Taxes Total

1 Rent per VSAT per month 60 1 No 200 2 Support Charges per month 60 1 No 200 3 Pooled VSAT bandwidth for

Depot’s between VSAT site to HUB per month

60 256 Kbps

21

4 MPLS Backhaul from Service provider VSAT Hub to BPCL DCs (PR & DR site) per month

60 4 Mbps

2

Note: 1. The 200 VSAT locations for IIS BOM, the RFT should support 512Kbps capacity.

VSAT

Unit Rate of items for placing order in Next 6 Years

SL No

ITEM Unit Qty (A)

Unit Rate (B)

Total Amount (A x B)

Taxes Total

1 Antina No. 100 2 Cable in Pair of 1 feet length No. 1000 3 Connector in Pair of 2 Nos. No. 100 4 IDU No. 100 5 RFT at RO No. 100 6 RFT at BPCL Location No. 20 7 Installation Charges along

with flexible conduit No. 100

8 VSAT Relocation Charges * No. 100 9 Backhaul from Service

provider VSAT Hub to BANK (in Mbps)

Mbps 1

10 UPS of ½ KV No. 100 11 Civil work for Installing

Antenna No. 100

12 Earthing as per BPCL specifications

No. 100

Note:

1. * The Transportation charges would be paid on actual basis.

VSAT

Annexure – III Technical Specifications for the required Routers

SL No Router with below specification Compliance

(YES/NO) Router Features / Capability / Support

1 Router should support minimum 2 nos of slots.

2 The router should have integrated USB port to provide console . It should have adequate storage for later OS upgrade .

3 Router should have Minimum 2 nos ports 1000 Base T Ethernet LAN interface card on board .

4 Router should have Minimum 2 Nos serial ports interface card (each port supporting upto 2 Mbps )

Memory 5 Should have minimum 512 MB RAM 6 Should have minimum 256 MB flash Memory

Throughput 7 The Router should support 25 Mbps (full duplex) performance.

Features

8 The router should support Encapsulation like Ethernet, 802.1q, PPP, HDLC, Serial (RS232, RS449, X.21, V.35, EIA530).

9

The router should support IPv4 and IPv6 version of Interior Gateway Protocols (IGP) – Static Route, Default Route, RIP, OSPF and BGP. All necessary licenses, if any, to be provided with the router to enable full suite of IGP, IPv6, route reflector and BGP. The router should support IP prefix, AS paths, community lists.

10 The router should have dual stack IPv6 on all interfaces and IPv6 over IPv4 tunneling.

11

The Router should have Access Controlled List (ACL), NAT (Network address translation) and PAT features, and aggregate policies in both IPV4 and IPV6.

12

The router should Secure shell (SSHv2) ,NTP, SNMPv3 , Radius , AAA authentication, . All necessary licenses, if any, to be provided with the router

13 The router should support VRRP (Virtual Router Redundancy Protocol) , Link aggregation using LACP.

14 The Router should support GRE Tunnels

15

The router should support IP SLA ( IP Service-Level Agreements (SLAs)) equivalent, Netflow ( or Equivalent). All necessary licenses, if any, to be provided with the router

16 Router should support multicasting. 17 Router should have duel power supply. 18 Router should support BGP 19 Router should have Packet processing capacity of 20 Router should be able talk to Cisco routers at BPCL end.

VSAT

Annexure – IV UTM specifications

SL No UTM / NGFW with below specification Compliance

(YES/NO) UTM Features / Capability / Support

1 Availability & activation of features such as FW, IPS, Web filtering, Application awareness/control and AV

2

Appliance throughput of at least 100 Mbps (after enabling all NGFW features viz FW, IPS, AV, Application control and Web filtering)

3 Interface speed of at least 100 Mbps 4 Support for at least 20K concurrent session

5 Should be from any of the market leaders in UTM/NGFW space viz Checkpoint, Palo Alto, Fortinet, Dell, WatchGuard, Sophos

VSAT

ANNEXURE - V

Bid Qualification Criteria Checklist

Please provide the following information as part of your Bid Qualification bid.

SL Description Response 1 Bidder is an Individual Company / Group Company 2 Name of the Bidder / Lead Bidder

Please Tick mark in the appropriate Box against each Line Item and confirm that the following Documents are uploaded in the system as under: PRE-QUALIFICATION BID YES / NO

Criteria 1

A Certificate of incorporation of individual bidder /subsidiary companies.

B An undertaking on a non-judicial stamp paper of Rs. 100 that, the bidder is the lead bidder in the case of subsidiary company.

C Valid VSAT operating licenses.

D

An undertaking from Lead bidder in their Company Letterhead that all liability with respect to the tender, PO and Project execution including Comprehensive Annual maintenance Contract(CAMC) will be with the lead bidder.

E Copy of declaration submitted to DoT mentioning the number of operating VSATs during 2010-11, 2011-12 and 2012-13.

Criteria 2

F Copy of valid NOCC, WPC & DOT clearances & certificates.

G Undertaking that it would be lead bidder’s responsibility to renew the above mentioned certificate from time to time.

Criteria 3

H

A letter from bidder on his letter head duly signed by the Company Secretary / authorized signatory, undertaking that bidder is responsible for fulfilling all services throughout the contract period.

I Details of Bidders service / support network along with details of personnel - contact person name, contact number(s) & addresses of the location.

Criteria 4

J Copy of Audited Balance sheet (2010-11, 2011-12 and 2012-13).

Criteria 5

K Bidder’s net worth as per the latest audited Balance sheet (Financial Year 2012-13) should be positive.

VSAT

ANNEXURE - VI

Technical Qualification Criteria Checklist

Please provide the following information as part of your Bid Qualification bid.

SL Description Response

1 Bidder is an Individual Company / Group Company

2 Name of the Bidder / Lead Bidder

Please Tick mark in the appropriate Box against each Line Item and confirm that the following Documents are uploaded in the system as under: TECHNICAL-QUALIFICATION BID YES / NO

A Integrity Pact

B

An undertaking on company letterhead that the bidder is having an established NOC (Network Operating Centre) mentioning the address.

C

An undertaking on company letterhead that the bidder will supply new and unused VSAT equipments.

D Submitted Technical compliance for Routers (Annexure-III) along with technical datasheet.

E Submit Technical compliance for UTM (Annexure-IV) along with technical datasheet.

F Copy of valid license for operating the commercial VSAT services.

G

An undertaking on bidder letterhead, that bidder will be able to provide VSAT bandwidth as and when required upto total of 12 Mbps at the same rates within 6 weeks from the date of issue of purchase order for additional bandwidth.

H Submit Project plan consists of Solution architecture, Major Milestone & Risk Analysis.

K VSAT IDU datasheet

L

Undertaking on company letterhead that proposed VSAT network support 3DES or the latest 256-bit AES encryption.

M Undertaking on company letterhead that proposed VSAT equipments support IPV6.

N Undertaking that the bidder supports all the terms & Conditions

VSAT

Annexure - VII

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

INTEGRITY PACT

Between

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

And

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

Preamble

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

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

Section 1 -Commitments of the Principal

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

observe the following principles:

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

b) The Principal will, during the tender process, treat all Bidders with equity and reason.

VSAT

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

2. If the Principal obtains information on the conduct of any of its employees which is a

criminal offence under the relevant Anti-Corruption Laws of India, or if there be a substantive suspicion in this regard, the Principal will inform its Vigilance Office and in addition can initiate disciplinary actions.

Section 2 -Commitments of the Bidder / Contractor/Supplier

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

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

a) The Bidder / Contractor/Supplier will not, directly or through any other person or firm, offer, promise or give to any of the Principal's employees involved in the tender process or the execution of the contract or to any third person, any material or immaterial benefit which he/she is not legally entitled to, in order to obtain in exchange, any advantage of any kind whatsoever during the tender process or during the execution of the contract.

b) The Bidder / Contractor/Supplier will not enter with other Bidders into any undisclosed agreement or understanding, whether formal or informal. This applies in particular to prices, specifications, certifications, subsidiary contracts, submission or non-submission of bids or any other actions to restrict competitiveness or to introduce cartelisation in the bidding process.

c) The Bidder / Contractor/Supplier will not commit any offence under the relevant Anti-Corruption Laws of India; further the Bidder / Contractor/Supplier will not use improperly, for purposes of competition or personal gain, or pass on to others, any information or document provided by the Principal as part of the business relationship, regarding plans, technical proposals and business details, including information contained or transmitted electronically.

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

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

outlined above or be an accessory to such offences.

Section 3 - Disqualification from tender process and exclusion from

VSAT

future contracts

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

Section 2 such as to put his reliability or credibility into question, the Principal is also entitled to exclude the Bidder / Contractor/Supplier from future contract award processes. The imposition and duration of the exclusion will be determined by the severity of the transgression. The severity will be determined by the circumstances of the case, in particular the number of transgressions, the position of the transgressors within the company hierarchy of the Bidder and the amount of the damage. The exclusion will be imposed for a minimum of 6 months and maximum of 3 years.

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

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

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

Section 4 -Compensation for Damages

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

2. If the Principal has terminated the contract according to Section 3, or if the Principal is entitled to terminate the contract according to Section 3, the Principal shall be entitled to demand and recover from the Contractor/Supplier liquidated damages equivalent to Security Deposit / Performance Bank Guarantee.

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

VSAT

Section 5 -Previous Transgression 1. The Bidder declares that no previous transgression occurred in the last 3 years with any

other Company in any country conforming to the TI approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process.

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

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

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

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

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

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

Section 7 – Punitive Action against violating Bidders / Contractors /

Suppliers/Subcontractors

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

Section 8 - Independent External Monitors

1. The Principal has appointed competent and credible Independent External Monitors for this Pact. The task of the Monitor is to review independently and objectively, whether and to what extent the parties comply with the obligations under this agreement.

2. The Monitor is not subject to instructions by the representatives of the parties and performs his functions neutrally and independently. He reports to the Chairperson of the Board of the Principal.

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

4. The Principal will provide to the Monitor sufficient information about all meetings among the parties related to the Project provided such meetings could have an impact on the contractual relations between the Principal and the Bidder/Contractor/Supplier. The parties offer to the Monitor the option to participate in such meetings.

5. As soon as the Monitor notices, or believes to notice, a violation of this agreement, he will so inform the Management of the Principal and request the Management to discontinue or heal the violation, or to take other relevant action. The Monitor can in this regard submit non-binding recommendation. Beyond this, the Monitor has no right to demand from the parties that they act in a specific manner, refrain from action or tolerate action. However,

VSAT

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

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

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

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

Section 9 - Pact Duration This Pact begins when both parties have legally signed it. It expires for the Contractor/Supplier 12 months after the last payment under the respective contract, and for all other Bidders 6 months after the contract has been awarded. If any claim is made / lodged during this time, the same shall be binding and continue to be valid despite the lapse of this pact as specified above, unless it is discharged / determined by Chairperson of the Principal.

Section 10 -Other provisions

1. This agreement is subject to Indian Law. Place of performance and jurisdiction is the Registered Office of the Principal, i.e. Mumbai. The Arbitration clause provided in the main tender document / contract shall not be applicable for any issue / dispute arising under Integrity Pact.

2. Changes and supplements as well as termination notices need to be made in writing. Side agreements have not been made.

3. If the Bidder/Contractor/Supplier is a partnership or a consortium, this agreement must be signed by all partners or consortium members.

4. Should one or several provisions of this agreement turn out to be invalid, the remainder of this agreement remains valid. In this case, the parties will strive to come to an agreement to their original intentions.

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

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

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

(Signature/Name/Address)