sub: tender document for supply, installation...

BHARAT SANCHAR NIGAM LIMITED

(A Government of India Enterprise)2nd Floor, Bharat Sanchar Bhawan, HC Mathur Lane,

Janpath, New Delhi- 110001

Sub: Tender document for Supply, Installation, Commissioning, Operation and Maintenance of Multi Service Access Node (MSAN) supporting VDSL2 vectoring technology and GPON technology in BSNL on turnkey basis.

Please find enclosed the tender document in respect above tender which contains the following.

Table No: 1

S. No.

Section/Annexure

Item Page No.

1. Section 1 Detailed NIT 22. Section 2 Tender Information 63. Section 3 Part A Scope of work 94. Section 3 Part B Technical Specifications of the MSAN

Network Gateway (BNG)10

5. Section 3 Part D Technical Specification of the UPS 456. Section 3 Part E Schedule of Requirements (SOR) 567. Section 4 Part A General Instructions to Bidders(GIB) 668. Section 4 Part B Special Instructions to Bidders(SIB) 879. Section 4 Part C E-tendering Instructions to Bidders 9010. Section 5 Part A General (Commercial) Conditions of Contract (GCC) 9411. Section 5 Part B Special (Commercial) Conditions of Contract (SCC) 10512. Section 5 Part C General Conditions of AMC 11613. Section 6 Undertaking & declaration 11814. Section 7 Proforma (s) 12015. Section 8 Bidder’s profile & Questionnaire. 13816. Section 9 Bid Form & Price Schedule 14017. Section 10 Security Agreement 17418. Annexure Various annexuresannexure 195

If interested, kindly submit your offers by means of online bids only through Electronic Tendering at the portal detailed in ‘Special Instructions to Bidders for E-Tendering’ before 11:30 hours of …../…../20187.

AGM (MMX)Phone Number - (Off) 011-2371 7844

FAX 011-2371 0198E-Mail: ……………………..

--------------------------------------------------------------------------------------------------Regd. Off.: BSNL, Bharat Sanchar Bhawan, Janpath,New Delhi -110 001. Web: www.bsnl.co.in

of 184___________________________________________________________________________Tender for Deployment of Multi Service Access Node (MSAN)Broadband Network Gateway and Associated Subscriber Policy Manager & Authentication platform

SECTION-1

NOTICE INVITING TENDER

[1.] On behalf of Chairman and Managing Director Bharat Sanchar Nigam Limited, digitally sealed online tenders, on rupee payment basis, are invited in Single Stage Bidding and two stage Opening using two Electronic Envelops (Techno-commercial bid & Financial bid) from experienced & eligible bidders for Supply, Installation, Commissioning, Operation and Maintenance of Multi Service Access Node (MSAN) on VDSL vectoring and GPON technology in BSNL on turnkey basis.

S. No.

Name of the Item/ Work Estimated Quantity (Nos.)

1

Supply, Installation, Commissioning, Operation and Maintenance of MSAN supporting on VDSL vectoring and GPON technologyalong with warranty period of 1 year and AMC of 7 years

9375 nodes (with 64 VDSL2 Vectoring ports & 4 ports GPON card in 40% nodes) MSANType –I - 5000

Type –II - 5000

Note: The quantity /no. / Sites stated above are estimated and BSNL reserves the right to vary the quantity to the extent of -25 % to +25 % of specified quantity at the time of award of the contract i.e. APO without any change in unit price or other terms & conditions.

1.[2.] Purchase of Tender Document:

2.1 As this Tender Document shall be following the e-Tendering Process, the Bidders may download the Detailed NIT along with Performa for Non Disclosure Agreement (“NDA”) from the BSNL Web site http:// bsnl.co.in following the “Link for E-tenders by BSNL” in the tender section from ----------------- (1800 Hrs) onwards.

2.2 Tender Document can be obtained in the form of CD from AGM(MMX), O/o GM(MM-CFA), 2nf floor, BSNL CO/download from ETS site against submission of following -

i. Tender fee for INR 10,000/- (INR ten thousand only inclusive of taxes), which shall be non-refundable in the form of demand draft, drawn on any scheduled bank in favour of ‘Accounts Officer (Cash), BSNL Corporate Office, New Delhi” and payable at “New Delhi” along with NDA (Non Disclosure Agreement)on a non-judicial stamp paper of Rs 100/- duly signed and stamped by the bidder.

ii. After submitting the tender fee and NDA as per Para (i) above, bidder is also required to register on the E-tender portal https://www.tcil-india-electronictender.com. Thereafter the prospective bidder shall be authorized on e-tender portal by MM cell, BSNL, to access /download the tender document from the E-tendering portal.

iii. The tender documents shall be issued free of cost to MSE bidders on production of requisite proof in respect of valid certification from MSME for the tendered item and submission of NDA Performa duly signed and stamped.

3. e-Tendering Process

BSNL has decided to use the e-Tendering Process for inviting Bids for this Tender and thus the physical copy of the Tender would not be sold. The special instructions to Bidders for e-Tendering is provided in Section 4-Part B of this Tender.

4. Eligibility Criteria-


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

4.1. The Bidder Company shall be registered & incorporated in India under the Companies Act, 1956 or 2013 as the case may be.

[4.2.] The Bidder shall be a company having a minimum annual turnover of INR 100 200 crore each year during the last twohree years (i.e. 2014-15, 2015-16 and 2016-17). In case of an Indian subsidiary, the turnover of the Parent Company shall also be taken into consideration for determining the fulfillment of this condition. Annual report / Audited Balance sheets shall be enclosed as supporting document.

[4.3.] Bidder or its parent company shall be Original Equipment Manufacturer of quoted MSAN on VDSL vectoring and GPON technologyand having deployed minimum 215000 node in minimum 2 Telecom Service Providers on cumulative basis and running successfully for atleast one year as on date of bid submission. Out of this, one deployment shall be of minimum 7001000 nodes. Client certificate in this regard shall be submitted along with contact details i.e name of the contact persons, postal address, official Email, Tel no.

[4.4.] If the bidder is not meeting the experience criterion as at Para 4.3 above, then the bid can be submitted through legally bound consortium (as per the format at Section 7(F)) with company who is OEM of MSAN on VDSL vectoring and GPON technologyand has the experience as at Para 4.3 above. Client certificate shall be submitted in this regards by the consortium partner as per clause 4.3 above.

[4.5.] In case the bid is being submitted as a consortium as in Para 4.4 above, then bidder (also referred as Lead Bidder interchangeably) shall also have an experience in Supply / installation / commissioning / Maintenance of IT/Networking /Telecom projects of a cumulative total of minimum of INR 200 Crore after 1-04-1214. In case of an Indian subsidiary experience of the Parent Company shall also be taken into consideration for determining the fulfillment of this condition. Bidder shall submit certificate from Company Chartered Accountant along with the list of such works completed successfully and the value of work in respective project.

[4.6.] In case of bids, where for the fulfillment of turnover & experience eligibility requirements, turnover and experience of parent company is being submitted then the bidder shall submit a declaration cum an undertaking from authorized signatory of Parent company stating that they (The Parent Company) shall support and take responsibility to enable its subsidiary company (the bidder) to perform the contractual obligation.

[4.7.] The Bidder and its Parent Company shall not be a Licensed Telecom Service Provider to provide Basic Services/ Cellular Telephony Services/ Internet Services/ UASL/ NLD/ ILD Services anywhere in India. Self Certificate by the bidder shall be submitted.

[4.8.] The Bidder and its Parent Company shall not have controlling equity stake or vice versa, in any of Basic Services/ Cellular Telephony Services/ Internet Services/ UASL/ NLD/ILD Services operating companies in India. Self Certificate by the bidder shall be submitted.

[4.9.] Consortium Partner Company shall also meet the conditions as per 4.67 & 4.79 above. Self certification shall be submitted by the consortium partner.

4.2.[4.10.] The bidder shall have a Valid PAN No.

4.3.[4.11.] The bidder shall have Valid Goods and Services Tax Registration Certificate No(s). In case of multiple GST numbers, all the numbers shall be provided.

4.4.[4.12.] Bidder shall submit a self-declaration along with the evidence that the bidder is not black listed by GST authorities.

5. EMD

[5.1] The bidder shall furnish the bid EMD of INR ………..2 crore of the following ways. of 184

___________________________________________________________________________Tender for Deployment of Multi Service Access Node (MSAN)Broadband Network Gateway and Associated Subscriber Policy Manager & Authentication platform

[i.] Demand draft/Banker’s cheque drawn in favour ofAOof AO(cash), BSNLCO Payable at Delhi.

i.[ii.] Bank Guarantee from a schedules bank drawn in favour of ‘DGM (MMT), BSNL, Delhi which should be valid for 180 days from the tender opening date.

5.1[5.2] The MSE units shall be exempted from submission of Bid Security deposit on production of requisite proof in respect of valid certification from MSME for the tendered item.

6. O n lin e Sub m issi on o f T e nd er b id: Upto 11:3 0Hrs . of tende r c los ing date i.e. ………………….

6.1 I n c a s e th e dat e of sub mi s s ion ( open ing ) o f b i d is dec lar ed t o be a holi da y, the d ate of s ubmiss io n ( openi n g) of bi d wi ll ge t shi fted a uto mat i c a ll y to next wor king da y at the same sc he dul ed t ime. Any c h ang e i n bid o peni ng d ate due t o any oth er u nav oi d abl e r eas o n wi ll b e i nt imate d to al l the b idder s s e par a tel y.

7. O n lin e Op en in g of T en d er b id s: At 12 :00 Ho urs of t his t end er c l os i ng d ate i.e. …………….. .

8. P lac e o f op en in g o f T end er b id s: BSNL has ad opte d e- t enderi n g pr oces s whic h off ers a uni que f ac i lity f or ‘P ubl ic O nli ne Ten der O peni ng Ev ent ( T O E) ’.BSNL’s Tender opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices.However, if required authorized representatives of bidders (i.e. Supplier organization) can attend the TOE at the Meeting Room, 2nd Floor, Bharat Sanchar Bhawan, Janpath, New Delhi, where BSNL’s Tender Opening Officers would be conducting Public Online Tender Opening Event (TOE).

9. Tend er b ids rec eiv ed afte r du e ti me and dat e wil l n ot be acc e pted .

10. I nc omple te, ambiguous , c ond itiona l, unsealed tender bids are l iab le to be r ejec te d.

11. C MD B SNL r e s erv es the r igh t to acc ept or r ejec t an y o r all ten der b ids with out ass ig nin g an y r e as on. He is no t bo und to acc ept the lowe st t ender .

12. T end er doc umen t c a n be d ownl oad ed fr om the webs ite h t tp s: //ww w .t cil- ind ia- elec t ron ict en der.c om .

13. T he bi dde r s hal l furnis h a digitally s ig ned c opy of the tender document wi th no add itio n/ d eletion / c orr ec tions in the do wnlo ade d t ender d oc ume nt and it is identic al to the t end er doc ume nt a ppea r ing on W eb-s it e.

14. I n c ase of an y c orr ec tio n/ad dit ion /alt er ati on/ omi s s ion in th e tender doc ume nt, the ten der b id s hall be trea ted as non r es pons iv e and s hal l be r ej ec ted s ummar il y.

15. All documents submitted in the bid offer should be preferably in English. In case the certificate viz. experience, registration etc. is issued in any other language other than English, the bidder shall attach an English translation of the same duly attested by the bidder & the translator to be true copy in addition to the relevant certificate.

16. All computer generated documents should be duly signed/ attested by the bidder/ vendor organization.


17. On lin eSub m issi ono fT e nd erb id:Upto11:3 0Hrs .oftende rc los ingdate i.e. ………………….[6.1] I

nc a s eth edat eofsub mi s s ion( open ing )o fb i disdec lar edt obeaholi da y,thed ateofs ubmiss io n(openi n g)ofbi dwi llge tshi fteda uto mat i c a ll ytonextwor kingda yatthesamesc he dul edt ime.An yc h ang ei nbido peni ngd atedue t o any oth eru nav oi d abl e r eas o n wi ll b e i nt imate d to al l the b idder s s e par a tel y.

[7.] On lin eOp en in gofT en d erb id s:At12 :00Ho ursoft hist end erc l os i ngd ate i.e. …………….. .

[8.] Plac eo fop en in go fT end erb id s:BSNL has ad opte d e- t enderi n g pr oces swhic h off ers a uni que f ac i lity f or‘P ubl ic O nli ne Ten der O peni ng Ev ent( T O E) ’.BSNL’sTender opening Off ic ersaswel lasauth or izedrepr es en tat iv esofbidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices.However, if required authorized representatives of bidders (i.e. Supplier organization) can attend the TOE at the Meeting Room, 2nd Floor, Bharat Sanchar Bhawan, Janpath, New Delhi, where BSNL’s Tender Opening Officers would be conducting Public Online Tender Opening Event (TOE).

[9.] Tend erb idsrec eiv edafte r du eti meanddat ewil ln otbeacc e pted .

[10.] Inc omple te, ambiguous ,c ond itiona l, unsealed tender bids are l iab le tobe r ejec te d.

[11.] CMDB SNLr e s erv esther igh ttoacc eptorr ejec tan yo rallten derb idswith out ass ig nin gan yr e as on.Heisno tbo undtoacc eptthelowe stt ender .

[12.] Tend er doc umen t c a n be d ownl oad ed fr om the webs ite h t t p s : / / w w w . t c il - i nd i a - e l e c t r o n i c t e n d er . c om .

[13.] The bi dde r s hal l furnis h adigitally s ig nedc opy of the tender document wi thno add itio n/ d eletion / c orr ec tions in the do wnlo ade d t ender d oc ume nt anditisidentic altothet end erdoc ume nta ppea r ingonW eb-s it e.

[14.] Inc aseofan yc orr ec tio n/ad dit ion /alt er ati on/ omi s s ioninth etenderdoc ume nt,the ten derb id s hall be trea ted as non r es pons iv eand s hal l be r ej ec teds ummar il y.

[15.] All documents submitted in the bid offer should be preferably in English. In case the certificate viz. experience, registration etc. is issued in any other language other than English, the bidder shall attach an English translation of the same duly attested by the bidder & the translator to be true copy in addition to the relevant certificate.

[16.] All computer generated documents should be duly signed/ attested by the bidder/ vendor organization.

Section 2

Tender Information

1. Type of tender: Single Stage Bidding, Two stage opening using – Two Electronic Envelopes.

Note 1: E-reverse auction shall not be applicable for this tender.Note 2: The bids will be evaluated techno-commercially and financial bids of techno-

commercially compliant bidders only shall be opened.


2. Bid Validity Period / Validity of bid Offer for acceptance by BSNL:-150 days from the tender opening date.

3. The tender offer shall contain two e-envelopes viz. techno-commercial and financial envelope which will contain one set of the following documents only :

i) Techno-commercial e-envelope shall contain Electronic Form-Technical with all relevant bid annexure of following, but not limited to, documents :

i. EMDii. Receipt/Proof of the tender fee. iii. Certificate(s) showing fulfillment of the eligibility criteria(s) stated in Clause

4 of the Detailed NIT. iv. Power of Attorney & authorization for executing the power of Attorney in

accordance with clause 14.4 of Section 4 Part A.v. Integrity Pactvi. Clause by clause compliance as per clause 11.2 of Section-4Avii. Bidder’s Profile & Questionnaire duly filled & signed.viii. Non-Relation Certificate duly filled & signed.ix. Undertaking & declaration duly filled & signedx. Documents stated in clause 10 of Section-4 Part A.xi. Tender/ Bid form- Section 9 Part Axii. Electronic Form- Technical duly filled & signed

ii) Financial envelope shall contain: i) Electronic Form- financial along with Price Schedule with all relevant bid

annexureii) Bid form – price Schedule (Section 9 part B) duly filled and signed

4. The following documents are required to be submitted offline (i.e. offline submissions) to DM (MMT), BSNL, C.O. 2nd Floor, Bharat Sanchar Bhawan, Janpath, New Delhi-110001 on or before the date & time of submission of bids in a sealed envelope, failing which the bids shall be rejected.

The envelope shall bear the tender number, name of work and the phrase: “Do Not Open Before (due date & time of opening of tender).

i) EMD – Bid security (original copy) or valid certification from MSME for the tendered item for claiming exemption.

ii) DD/ Banker’s cheque of Tender fee or valid certification from MSME for the tendered item for claiming exemption.

iii) Power of Attorney in accordance with clause 14.3 of section 4 Part A and authorization for executing the power of Attorney.

iv) Pass-phrases for technical & financial bid parts in separate sealed envelopes.v) Integrity pact

[5.] Delivery Schedule: PO shall be placed in three two phases – Phase-I &, Phase-II * Phase-III

[5.1] Phase –I [5.2] MSAN (H/W & Software) ( 5 5 0% of the PO quantity)

a. Equipments shall be supplied within 90 days of the date of P.O. b. Installation and Commissioning within 180 days from the date of P.O.

[5.3] Phase –II [5.4] MSAN (H/w & Software) (Remaining 50 5 0 % of the PO quantity)


a. Equipments shall be supplied within 90 days of the date of phase-II P.O. b. Installation and Commissioning within 180 days from the date of phase-II P.O.

[5.5] Phase-III[5.6] MSAN (H/w & Software) (Remaining 5 0 % of the PO quantity) [5.7] Equipments shall be supplied within 90 days of the date of phase-III P.O. [5.8] Installation and Commissioning within 180 daysfrom the date of phase-III P.O.

[5.9] BSNL shall place the Phase-II & Phase-III PO depending on the progress of project in Phase-I. If need arises for faster rollout, BSNL reserves the right to merge the require-ment for Phase-II& Phase-II & Phase-III.

[5.10] In case there is delay in provisioning of Space, Electric supply, Router ports or any other requirement as part of BSNL responsibility, the selected Bidder shall immediately in-form the project implementation Authority, which shall then grant additional days ex-tension as deemed necessary by BSNL. Selected Bidder shall start the site planning along with BSNL officials from the date of placement of Purchase Order

5.1[5.11] Nodal authority for approving the commissioning of the equipments at all the loca-tions is CGM BBNW, New Delhi.

5.[6.] Payment Terms: Payment shall be made in Indian Rupees.

6.1 Equipment (Hardware& Software)[i.] 6 40% payment of equipment shall be made on delivery.[ii.] Remaining 460% payment shall be made on installation & commissioning.

6.2 Payment terms for I & C services i. 40% payment of I&C services on installation& Commissioning of the equipment.ii. 10% on completion of validation. iii. 50% on completion of warranty period of 1 year

6.3 Payment terms for AMCi. No advance payment for AMC shall be made.ii. The entire AMC duration for a year will be divided into a period of four quarters.iii. After successful completion of the AMC period of each quarter, 100% payment after

making due adjustment towards SLA penalties shall be made based on the quarterly bills submitted.

6.4 CGM of respective circles shall be payment authority.[6.5] As per GST regime, BSNL is required to pay 100% of the Invoice amount within 6 months

from the date of Invoice for availing the input tax credit (ITC). Hence on completion of 4 months from the date of Invoice of equipment supply, in case if commissioning of equipment is still pending, BSNL shall review the release of balance 40% payment against supply of equipment (HW & SW), keeping in view the progress of the project, reason for delay and Input Tax Credit implication against PBG of balance payment with adjustment of interest (12%) per annum valid till installation, commissioning and migra-tion is completedAs per GST regime, BSNL is required to pay 100% of the Invoice amount within 6 months from the date of Invoice for availing the input tax credit (ITC). Henceon completion of 4 months from the date of Invoice of equipment supply,in case if commissioning of equipment is still pending, BSNL shall review the release of balance 60% payment against supply of equipment (HW & SW), keeping in view the progress of the project, reason for delay and Input Tax Credit implication.

6.5[6.6] Bidder shall submit three (3) separate invoice(s) against Installation & Commissioning as per the milestones.


6.[7.] Consignee–The equipment will be supplied as per the distributed quantities to each consignee which will be intimated at the time of PO. The payments will be made for the actual supplied equipments. The tentative locations for MSAN access node are given in Annexure A. BSNL reserve the right to change the location in the interest of requirement.

Section 3 Part A

Scope of Work 1. Scope of the Work –

[1.1] The tender is for the Supply, Installation, Commissioning, Operation and Maintenance of Multi Service Access Node (MSAN) on vectored VDSL2 vectoring and Gigabit Passive


Optical Network (GPON) technology in BSNL and to integrate them with existing network.

[1.2] The equipment proposed through this tender is planned to be used to provide high speed Broadband services and voice services on copper using VDSL2 Vectoring and GPON Technology. Overall objective is to provide services to end customers with efficient high speed broadband and voice services as a dual service. Voice services are to be provided through SIP protocol which delivers voice over IP.

[1.3] These MSAN will be installed in exchanges and nearer to or at the customer premises like gated society, shopping complex, Pole, BTS sites etc. These MSANs shall be connected through Gigabit Ethernet or XPON interfaces and must be able to guarantee the triple play services to all the customers.

1.1[1.4] Integration of proposed solution with the existing NMS & Metasolve deployed in BSNL.

1.2[1.5] Operation & Management during Contact Period.

1.3[1.6] Bidder shall provide Comprehensive AMC of hardware & Software for 7 years after expiry/completion of warranty of one year.

[1.7] The bidder shall provide necessary technical support to BSNL as & when required for integration with other network components being inducted from time to time in BSNL network during the contract period.

[1.8] All the equipment (hardware & Software) supplied shall handle both IPv4 and IPV6 traffic.

1.4 The bidder shall provide necessary technical support to BSNL as & when required for integration with other network components being inducted from time to time in BSNL network during the contract period.

1.5[1.9] The proposed system must be modular design and support flexible application scenario as DSL equipment, MDU in GPON and EPON network, and build-in AG function for providing multi-service integration solution for residential and commercial subscribers.

1.6[1.10] Entire supplied equipment shall be new and not refurbished.


SECTION 3 PART (B)

Functional & Technical Requirement Specifications

[1.] Introduction: This section describes Functional and Technical specificationsrequirement required for the deployment of MSAN along with integration with existing network.

[1.1] The present ADSL DSLAM in the BSNL Network is getting traffic from different CPEs from customer end. ADSL/VDSL DSLAMS of various make and models are connected to the RPRs/OCLAN/PTNs/MNG-PAN.

[1.2] The proposed solution of MSAN equipment shall support both access services via line cards (GPON, ADSL2 +, VDSL2 Vectoring, SHDSL.bis) and narrowband voice services (basic telephony i.e. POTS and VoIP), and must have interfaces aggregate for connection to Metro Ethernet networks, NGN/PSTN and IP/MPLS network.

[1.3]

1.1 The VDSL 2+ vectoring and POTS ports shall be provided in separate line cards. However, in case of combo ports (the same physical port is having AxDSL and POTS functionality) is quoted in the bid, then each physical port shall be counted as single port only.

1.2 The line interface slots shall be universal slots. It shall be possible to insert any type of subscriber termination card (i.e. POTS, VDSL2 or GPON) at any slot in the MSAN. The line interface cards shall be inserted in the MSAN as per field requirement.

1.3 All type of interfaces (control/GPON/vectored VDSL/POTs) shall be provided on the separate cards. The 64 vectored VDSL ports shall be provided on atleast two cards.The tentative distribution of POTS, VDSL2+ ports, GPON ports at each site shall be decided at the time of Purchase order depending upon the exact requirement of the site.

[1.4] There shall be minimum two slot for line interface cards in type-1 MSAN and minimum 4 slot for line interface cardsin type-2 MSAN.

1.4 The proposed solution/equipment shall have atleast 1 free slot to insert Line interface cards for future expansion. Therefore the proposed equipment shall have minimum five (5) slots for line interface.

1.5 The final distribution of POTS, VDSL2 ports, GPON cards at each site shall be decided at the time of Purchase order depending upon the exact requirement of the site.

1.6 The line interface slots shall be universal slots. It shall be possible to insert any type of subscriber termination card (i.e. POTS, VDSL2+ GPON) at any slot in the MSAN.

[1.5] Subscriber termination card shall be able to work in any type of MSAN. The line interface cards shall be inserted in the MSAN as per field requirement.

[1.6] The splitters shall be inbuilt in cards or mounted on the same rack of MSAN or adjacent rack to MSAN rack such that one pair of wire for each port after combining with POTS Port


& VDSL2+ Port at MSAN location/adjacent location goes in a one length of cable containing multiple number of pairs from MSAN location to MDF.

1.7 The chassis shall be wired up to the Ports capacity of the MSANs as specified in the Schedule of Requirement (SOR) including cables from MSANs to MDF, connectors, splitters etc. However,the Power cables of sufficient gauge capacity shall be provisioned to meet the ultimate capacity of chassis.

[1.7] It shall be possible to cascade the MSAN from the same vendor which are co-located or located in other places through the GE Ports. The cascading shall not affect for management of any MSAN through eMS or Port binding related functions.

1.8 It shall be possible to cascade the MSAN in different locations in a Ring configuration and one of the MSAN shall act as a master which shall trunk the traffic to the aggregation Network.

1.9 The software related licenses for the support of all protocols and interfaces mentioned in the latest GR of MSANtender shall be ensured by the bidder.

[1.8] There shall not be any software license restrictions for loading the MSAN with add-on cards along with necessary cables beyond the tendered capacity up to the rated capacity (vendor’s ultimate capacity of the chassis) of the MSAN. No additional software cost shall be payable by BSNL for any capacity expansion up to ultimate capacity by add-on cards.

1.10 MSAN shall be controllable by two different NGN call Servers in ‘hot stand by mode’ and there should not be any service disruption. The MSAN shall pose no restriction to support this functionality. When primary or secondary Call Server fails and/or comes-back to service, established calls shall not be disconnected. Calls in the call processing stage may fail, however new calls shall be processed successfully without degradation of service.

1.11 The system shall be a true 100% multi-service capable platform in supporting all xDSL, POTS, GPON and VoIP services.

1.12 The same physical IP interfaces shall able to carry control/signaling & management traffic, customer traffic, however, each kind of traffic can be separated with different VLANs/VPNs.

1.13 The power cable along with DCDB shall be completely wired up to the full rack capacity as per actual provision in the racks/sub racks so that the expansions to the rack/sub rack’s ultimate capacity are possible by simply adding modules. If BSNL go for expansion in the future, power cable shall not be procured. Laying and connecting power cable connection from power plant to MSAN rack is the responsibility of the vendor.

1.14 The uplink interface shall be optical single mode (1550nm) with capability to drive at least 420 km.

1.15 The Vendor must describe the general architecture and functional block diagram of the proposed MSAN equipment with respect to Voice, VDSL2 Vectoring Technology and GPON Technology

2.


The multiple services for narrowband and broadband shall be supported by the same platform in the same shelf. The shelf shall be designed in such a way that any service card can be installed in any slot (universal slot).

The Vendor must describe the general architecture and functional block diagram of the proposed MSAN equipment with respect to VDSL Vectoring Technology and GPON Technology.

[2.] Quantity and Interface requirement of MSAN–

Type of MSAN

Quantity Minimum number of VDSL2 Vectoring PortsVDSL2 vectoring port cards (Minimum 32 port )

Minimum number of GPON cardPorts (Minimum 4 port)

POT card (voice) (Minimum 64 port)

MSANType -I

X 9375 12818750 83750 9375

Type -II X2 6448 2

Type of SFP to be supplied in each type of Multi Service Access Node

Type of MSANType -I

Type -II

Expansions: The power cable along with DCDB shall be completely wired up to the full rack capacity as per actual provision in the racks/sub racks so that the expansions to the rack/sub rack’s ultimate capacity are possible by simply adding modules. If BSNL go for expansion in the future, power cable shall not be procured. Laying and connecting power cable connection from power plant to MSAN rack is the responsibility of the vendor.

[3.] General requirement –

1.1[3.1] The xDSL technology that will be used to deliver high speed internet will be VDSL2 with vectoring.

1.2[3.2] The GPON Technology will be used to deliver high speed internet by FTTH, FTTB, FTTC and other network architecture.

1.3[3.3] For voice delivery to end users, the VDSL2 CPE and GPON ONT shall support inbuilt SIP client or IAD which will communicate to BSNL IMS/NGN on SIP/H.248 Protocol via the transport network after successful authentication

[3.4] It shall be an integrated hardware and software system that will allow the user to access Broadband services as well as originate and receive (VOIP) calls through both plain POTS Phone and / or SIP Phone over the same single pair of copper wire simultaneously in case of VDSL2 Vectoring or single branch fiber in case of GPON. The bidder should


provide inbuilt SIP VOIP Client or IAD for all ports (other than those connecting SIP terminal elements).

1.4[3.5] It shall be capable of delivering Broadband, IPTV, OTT, Broadcast TV services, Interactive TV, Video-on-demand, voice over IP using VDSL2/VDSL-Vectoring with fallback ADSL2+ on copper pair and GPON to end customers on PON Fiber.

[3.6] It shall also be deployed in NON-AC environment with outdoor enclosures of IP55 or IP65 rating at Customer premises / in Parking Area of High-rise Buildings / shopping Complexes etc. therefore, should be compliant to natural cooling using Heat-exchanger of Outdoor cabinet. Further, sufficient provision should be made for their successful operation under these condition and shall support temperature ranges for -25 ~ 55°C in Operating condition. and -40 ~ 70°C (Storage).

[3.7] The outdoor cabinets are not part of this Tender and will be procured separately by BSNL on requirement basis.

[3.8] All the installation material like cable, patch cords, ODF, Tag Blocks, power cables SFC etc shall be provided along with the equipments and the details of the same shall be provided.

1.5[3.9] It shall be possible to provision Layer-2 point to point, Point to Multi-point and Multi-point to Multi-point and Layer-3 VPN services.

1.6[3.10] It shall support both symmetric / asymmetric bandwidth on copper and PON Fiber to end customers.

1.7[3.11] It shall be manageable centrally / independently through EMS deployed in NOC/DRNOC location.

1.8[3.12] It shall support both IPv4 & IPv6 and IP based standard protocols that are required to implement the Internet connectivity to the customer.

1.9[3.13] It shall provide the jitter, packet loss and latency parameters within the specified limit indicated in the latest ITU/ ITFC/ RFC document(s).

1.10[3.14] It shall work with all the CPE types (xDSL2+ Modems available in BSNL Broadband Network and to be procured in this tender) in addition to the latest VDSL2 Vectoring CPE, GPON ONT and SIP terminals.

1.11[3.15] There should be no limitation of Interoperability between MSAN and xDSL Modems.1.12[3.16] BSNL shall be able to configure the card for a required service either Broadband or

voice or both as per site requirement, using supplied MSAN Access Node HW (i.e. racks, cards, cables etc) and SW.

1.13[3.17] It shall interface with existing Network for providing services through IP MPLS NW or existing BB network of BSNL.

1.14[3.18] It can be deployed as Standalone Node or cascaded node or in Ring Architecture.1.15[3.19] It shall support DSL technology like VDSL2 and above, VDSL vectoring and Fallback

ADSL2/2+.1.16[3.20] It shall support PON technology like GPON, XG-PON, XGS-PON and NGPON in future

without any change in Hardware.1.17[3.21] It shall also support two port bonding of VDSL2 Vectoring Port. 1.18[3.22] Redundancy Requirement: The MSAN shall have no single point of failure. The

MSAN shall have the following redundancies (i) Control and switching card shall be fully redundant (N+N configuration). (ii) Power Supply card shall be fully redundant (N+N Configuration). The

different power supply card shall have provision for feeding from separate sources.

(iii) Uplink Card shall be fully redundant (N+N configuration)[(iv)]

1.19[3.23] It shall have compact & high reliability design and work redundant dual supply 220 V AC or -48 V DC. The Redundant power supply input interfaces should be on separate cards.


1.20 The proposed MSAN shall support self exchange feature for local calls within MSAN in case of IMS/SS connectivity failure.

1.21[3.24] It shall support Loop Diagnostics (SELT & DELT) features.1.22[3.25] It shall support the following :1.23[3.26] Features

VDSL2, VDSL Vectoring and Fallback ADSL2/2+. profile management Alarm profile management CLI/Web GUI/Telnet/MIB STP/RSTP IEEE 802.1Q TLS (Q-in-Q) Double tagging DHCP (circuit ID & remote ID.) DHCP relay 802.3ad and static link aggregation

1.24[3.27] Multicast

IGMP v1, v 2 and V3 snooping/proxy Multicast VLAN (up to 16) Support 512 multicast groups Support intermediate leave Support multicast group Static multicast forwarding IGMP group count limiting per VDSL port IGMP 128 filtering profile with each profile having 16 multicast address ranges Support the function to limit the number of IGMP messages on each subscriber

interface or each subscriber interface unit per second

1.25[3.28] Security

Port isolation Rule-based ACL filtering based on MAC address, IP address, protocol ID, UDP/TCP

port number, Ethernet type ARP/DHCP broadcast & NetBIOS packet filtering IGMP filtering Port Binding

1.26[3.29] Hardware Specifications for VDSL2 Vectoring

Profile 8a, 8b, 8c, 8d, 12a, 12b,17a and 30a. as 17a and 30a cannot coexist together in same binder/cable, so support of 30a in VDSL2 card is optional but desired.

INP capability: Support tThe capability of impulse noise protection (INP) as defined in ITU-T Rec. G.993.2.

Fixed Rate and Rate Adaptive Power back off (UPBO & DPBO) Standard RFI configuration Interleave Delay setting Limit PSD Mask: to reduce the impact of interference and attenuation, VDSL2, VDSL Vectoring, ADSL2/2+ fall back & Pair bonding


2.[4.] Hardware and software description equipment -:2.1[4.1] The performance of the equipment shall not be degraded upon enabling of one or

more features.[4.2] The Chassis shall not have any hardware orof software limitation for populating all the

slots with VDSL2 Vectored Ports, POT port, GPON Ports or allboth.[4.3] The Control/switching, line interface ports , Uplink and Power should be lie on separate

card. Uplink and line interface ports should be on separate card.[4.4] All type of VDSL2 Vectored port interfaces, for all devices shall be supplied on at least two

cards. Not more than 650% of the total interfaces per equipment rounded off to next higher integer shall be provisioned through one physical slot of chassis.

[4.5] Chassis should support 99.999% high availability.2.2[4.6] All devices shall have provision for Out of Band Management.2.3[4.7] All backplane capacities indicated in this Tender are for full duplex (i.e. 2 x half

duplex) (for example 480 Gbps full duplex means 960 Gbps half duplex) unless otherwise specified.

2.4[4.8] All back plane capacity indicated in this tender refers to the usable backplane capacity.

2.5[4.9] The removal or addition of any cards shall not disrupt traffic on other cards.2.6[4.10] All the interfaces on the devices shall be supported as integrated interfaces and shall

not require any external convertors / adapters.[4.11] No interface shall be accepted in the Control Card. The interface port available on the

control card shall not be accounted against interface requirement.[4.12] It should be possible to use all optical interfaces as either client interface and/or network

interface[4.13] Each port shall be configurable for any direction of transmission2.7[4.14] All the equipment supplied shall handle IPV4 and IPV6 traffic

3.[5.] Technical Requirement of MSAN -

3.1[5.1] MSAN should be manageable centrally via EMS to be installed by bidder which will be placed in the NOC and DRNOC. The EMS shall be integrated with existing NMS of BSNL. MSAN will be integrated by successful bidder with existing Metasolve application.

[5.2] It shall work with all CPE types which supports ADSL, ADSL2+, VDSL, VDSL vectoring CPE’s.

[5.3] It shall support minimum 4 uplink ports with Two Number of 10GE and 2 Nos of 1GE Uplink ports which will be for integrating it to BSNL network. Same Number of Uplink ports have to be provided for redundancy.

3.2[5.4] It shall support IPv4 & IPv6 services delivery.[5.5] It shall support the following VDSL2 profiles 8a, 8b, 8c, 8d, 12a, 12b, 17a, and 30a.[5.6] It shall support of impulse-noise protection (INP) with “physical layer retransmission”

accord to ITU-T G.998.4 amendment 1 and 2; both up and downstream.[5.7] It shall be VDSL2 UPBO policing.[5.8] It shall support down stream power back off (DPBO).[5.9] It shall be able to specify VDSL2 mask (32 PDS breakpoint DS as per ITU T G.993.2[5.10] It shall support seamless rate adaption (SRA) both Up and downstream,[5.11] Combine SRA (Seamless Rate adaption) with G.INF defined in ITU-T G.998.4[5.12] It shall support low power mode according to amendment 4 to recommendation ITU –

TG .998.4 and amendment 6 to recommendation ITU-T G.993.2.[5.13] VDSL2 should be fully conformed to VDSL2 standards as per (ITU-T G.993.2).[5.14] VDSL2 should have backward compatibility for ADSL2+ as per (ITU-T. G. 992.5).3.3[5.15] The Vendor should provide the port rates (upload and download) verses loop length

for VDSL2 for all the supported VDSL2 profiles.


[5.16] VDSL2 should support asymmetric (Plan 998) and symmetric (Plan 997) band plans for the transmission of upstream and downstream signals.

[5.17] The upper layer of VDSL2 should comply with Packet Transfer Mode-Transmission Convergence (PTM-TC) function based on Ethernet in the First Mile (EFM) according to IEEE 802.3ah standards.

3.4[5.18] Loop diagnostic mode should be possible and should be able to produce measurements such as line noise, loop attenuation and SNR at both ends of the line.

3.5[5.19] VDSL2 must fulfill the power spectrum management by means of Uplink Power Back-Off (UPBO), Cabinet PSD (DPBO), Notching (to eliminate RFI) and MIB (to reduce crosstalk) control of PSD technologies.

3.6[5.20] VDSL2 should support dynamic seamless rate adaptation against the variation of the line conditions.

3.7[5.21] VDSL2 line board should be able to use in any service slot of the DSL equipment.3.8[5.22] VDSL2 line board should support “Dying Gasp” function for all of its ports to detect

the power failure of the CPE.[5.23] VDSL2 should support ITU-T G.993.5 recommendations. Self-FEXT cancellation

(vectoring) for use with VDSL2 transceivers.[5.24] VDSL2 Vectoring should be fully conformed to VDSL2 standards (ITU-T G.993.5).3.9[5.25] Vectored system learns and analyzes crosstalk from every pair in the bundle. 3.10[5.26] For vectored VDSL2 the support of profiles 8b and 17a is mandatory.3.11[5.27] The vectoring-enabled port inspects crosstalk levels and calculates the crosstalk

coefficient matrix by the co-process card during the link establishment process. Downstream signals are pre-processed according to the crosstalk coefficient matrix before they are sent. Upstream signals are adjusted according to the crosstalk coefficient matrix.

3.12[5.28] Vectoring across the entire node, independent of binder, cable or chassis.3.13[5.29] Scalable from a few lines to hundreds of lines per node, dynamically identify/cancel

primary disturbers.3.14[5.30] Delivering 100 Mbps+ to the subscribers, providing fiber-level performance for

FTTC/FTTB scenarios.3.15[5.31] Carrier-class performance, improved power-performance and deployment

predictability.3.16[5.32] Deployable in larger cabinet locations, Scalable to high port count ports, maximal

flexibility and upgradability.3.17[5.33] Much lower operational complexity (no rewiring), much lower CAPEX than a pure

fiber deployment, much lower OPEX for service providers.[5.34] Stable performance and high speed, ideal for enabling advanced services.[5.35] The device MUST support "Improved impulse noise protection for DSL transceivers, as

specified in ITU-T G.998.4 Recommendation.[5.36] The device MUST support "On-line Reconfiguration" (OLR) mechanism, as specified in

ITU-T G.993.2 Recommendation.[5.37] The proposed equipment shall support VDSL2 Vectoring protocol and shall be in

compliance with or implemented partially the standards below: [5.38] ITU-T G.993.5: Self-FEXT cancellation (vectoring) for use with VDSL2 transceivers [5.39] WT-249: Testing of Self-FEXT Cancellation (vectoring) [5.40] ITU-T G.993.2: Very high speed digital subscriber line transceivers 2 (VDSL2)[5.41] ITU-T G.994.1 Amendment5: Mandatory tone set for HPE17 and HPE30, and code points

in support of Recommendations ITU-T G.993.5 and ITU T G.998.4[5.42] ITU-T G.997.1 Amendment 1: Management of ITU-T G.998.4, G.993.5 and receiver

referred virtual noise of ITU-T G.993.2[5.43] ITU-T G.993.5 Amendment1:Self-FEXT cancellation (vectoring) for use with VDSL2

transceivers 3 Amendment 1


[5.44] In order to realize high reliability and easy to maintain, for frame type FTTC equipment, the connection between vectoring service board and Vectoring Process board should via backplane traces,

3.18[5.45] The FTTC equipment shall supports two modes of operation over POTS and over ISDN at the same time with the same hardware and software.

[5.46] The power consumption of vectoring board shall less than the original VDSL2 service board.

[5.47] The proposed equipment shall support system level vectoring for VDSL2, shall comply with G.993.5 standard.

[5.48] The proposed equipment shall support to do operation for vector groups, including add, delete, modify and query information for the member.

3.19[5.49] The proposed equipment shall support to do operation for the members of vector group, including add, delete, and query.

3.20[5.50] The proposed equipment shall support to do operation for vector profiles, including modify and query.

[5.51] The proposed equipment shall support to add maximum 384 members for a vector group.

[5.52] The proposed equipment shall support to query the online parameters for vectoring group.

3.21[5.53] For GPON - The transmission direction and methodology are bidirectional transmission of the downstream and upstream signals through a single fiber. The operating wavelengths shall be 1490nm downstream and 1310nm upstream.

3.22[5.54] The optical power levels for the 2.4 Gbit/s downstream and 1.2 Gbit/s upstream system and the optical power budget shall be compliant to Class B+, as defined in G.984.2 Amd2

3.23[5.55] Logical split ratio of up to 1:643.24[5.56] Logical reach of up to 60km3.25[5.57] The DBA implementation should ensure differentiated handling for different types of

service, including voice, CES, VoD and HSI. A detailed configuration description needs to be provided (including recommendation).

3.26[5.58] The proposed equipment shall support complete all T-CONT types (Type 1, 2, 3, 4, and 5) according to ITU-T G.983.4.

3.27 The MSAN system, in association with Call Server, Intelligent Network (IN application server) and SIP Application servers, shall support all bearer, tele and supplementary services in PSTN and Intelligent Network. The system shall provide multicast capabilities and subscriber bandwidth (xDSL2/2+ ITU) to provide the same subscriber lines a bundle of services called Triple Play: Voice, data and Video. The system shall provide Multicast broadcast control.

3.28 MSAN shall work on SIP protocol with class 5 NGN Core. 3.29 IMS Inter working-MSAN shall interwork with IP Mutlimedia System (IMS) for voice,

video and Multiplay/Project 3 network for data services.3.30 Inter-working with IN: The system in association with IMS core, shall be capable of

inter-working with Service Control Points (SCP) in the network.3.31 The system, in association with IMS Core and monitoring equipment, shall facilitate

lawful interception and monitoring for all types of communications such as voice, data, FAX, all types of message contents etc. for the complete duration of the call for all terminating and originating calls.

3.32 The system shall pose no limitation in interception and monitoring any number from monitoring positions for the complete duration of the call, for all terminating, originating and transit calls.


3.33 Bidder shall submit the detail document giving the distribution of the Codec i.e. how many DSP ports supports G.711, G.729 A, T.38 and Modem over IP etc. Document showing Codec negotiation during the mid-call shall also be submitted.

3.34 The codec support shall meet at least 25% concurrency for each MSAN capacity. Each MSAN shall be provisioned with G.711 codec for at least 3025% of port capacity, G.729 codec for at least 15% of port capacity and with T.38 codec for at least 5% of port capacity, etc. However, sum of all codec requirementrequirements simultaneously shall be limited to 25% of port capacity of each MSAN. Further, in case there are separate cards for codec, then such codec cards shall be in N+1 redundancy mode.

3.35 MSAN shall support both PSTN side & IP side echo cancellation.3.36 The MSAN quoted should be made inter-operable with ONT devices supplied by other

bidders. Similarly ONT quoted should be made inter-operable with MSAN devices supplied by other bidders.

3.37 MSAN should have sufficient number of VLAN so as to run at least 5 services for a subscriber and these are to be mapped to core network through the 10GigE/ 1GigE interface of the MSAN. The network shall be capable of on-line measurement and monitoring of the parameters such as latency, packet loss, jitter and availability per VLAN basis so as to provide Service Level Agreements with customers.

4.[6.] Rack for Outdoor MSAN –

4.1 The rack shall be Floor & Wall/Pole mount minimum 9U, IP55 Compliant rack suitable for housing common equipment to house MSAN, UPS, Batteries of UPS, router, ONT etc.

4.2 It shall be Minimum 550mm width x Minimum 400mm depth with accessories, Cable Manager, Cantilever tray 250, Mounting Hardware.

4.3 19” Mounting angles shall be provided at a pair at front and a pair at rear. 4.4 It shall be made out of steel. 4.5 Air inlet provision with external IP hood & washable filter arrangement shall be

provided on the door. 4.6 Roof canopy shall be provided for each cabinet. 4.7 One horizontal cable manager with PVC Loops shall be provided for cable

management 4.8 Two 90 cfm, 230 VAC fan shall be provided on top cover for hot air exhaust.4.9 1 U PDU Horizontal Power Distribution unit with 6 nos of 5Amp sockets with 16 Amp

MCB & 3 Mtr main cord. 4.10 Enclosures shall be provided with Pure Polyester powder coating finishing for longer

life . 4.11 It shall confirm DIN 41494 rack standards. 4.12 ISO 9001-2000, ISO 14001-2004 Certification 4.13 It shall be in compliance with ROHS standards” 5. Network Interface for MSAN

5.1[6.1] 10GE

[a.] All Uplink and subtending network interfaces of the DSL equipment should be Gigabit Ethernet and those Gigabit Ethernet interfaces should be according to the following specifications.


a.[b.] All the GE/10GE network interfaces should comply with IEEE 802.3ad Link Aggregation standards.

b.[c.] All the GE/10GE network interfaces should be SFP based optical interfaces modules, and the SFPs should have the following options.

i. SX SFP, full duplex, multi-mode fiber for 500m reach with 850nm optics. ii. LX SFP, full duplex, single mode fiber for 10 km reach with 1310nm /

1550nm optics. iii. LH SFP, full duplex, single mode fiber for 40 km reach with 1310nm /

1550nm optics. iv. ZX SFP, full duplex, single mode fiber for 80 km reach with 1310nm /

1550nm optics.

c.[d.] All the GE network interfaces should allow the operation mode full-duplex.[e.] All the GE network interfaces should support Switching (Ethernet traffic) according

to IEEE 802.1D.[f.] Type of optical connector: Duplex LC-PC.d.[g.] All the GE/10GE network interfaces of the proposed DSL EQUIPMENT should

support diagnostic, monitoring and control features.

5.2[6.2] GPON Card

a. The MSAN system should support GPON to be used in FTTC architecture. b. The GPON card offered must comply with ITU-T G.984 /G.988 standards.c. The offered GPON card should support Class B+ optical budget, and complies with

G.984.2 standard.d. The offered GPON card should support certification based on SN and SN+Password.e. Optical interface receiving rate: 2.488 Gbpsf. Optical interface transmission rate: 1.244 Gbps[g.] Describe the following characteristics.

[i.] GEM port offered by the MSAN equipment should be more than 255 per PON.

[ii.] T-CONT offered by the MSAN equipment should be more than 8 per PON.[iii.] For T-CONT, the proposed MSAN equipment must support 5 types

corresponding to 5 different priorities.5.3

6.[7.] Element Management System :

6.1[7.1] The bidder shall provide Element Management Systems for the proposed MSAN Access node with requisite licenses for all the Network elements and users. In case any additional items are required for full functionality the same shall be included in supply.

[7.2] The network components deployed shall be managed through NOC with main site located at Bangalore and DR NOC at Pune.

6.2[7.3] The eMS of supplied switches shall be integrated with the existing NMS of BSNL.

6.3[7.4] The integration with NMS of BSNL shall ensure the accessibility of complete ‘FCAPS’ functionality. The bidders shall offer solutions and products based on Open APIs. The API’s and Software Development Kits required for integration shall be shared with BSNL so that their product shall be integrated with NMS using SNMPv3 / JAVA API/XML at the interface level.


6.4[7.5] The EMS of all the elements shall provide standard open North Bound interfaces (e.g CORBA / JAVA / XML etc) for integration with exiting Broadband NW.

6.5[7.6] The EMSs shall be able to configure and provision all services as described in the tender document. MSAN Access Node SW and eMS SW Licenses shall be usable interchangeably for either VoIP/FXS (POTS) or xDSL ports.

6.6[7.7] The eMS’s wherever applicable, shall be able to discover the configuration data of the network / NW elements such as:

(i) Shelf Inventory(ii) System Line Card(iii) Switch Card (iv) Interface Card(v) Port type (vi) Channel type(vii) Interfaces type(viii) LSP Path

6.7[7.8] It shall be possible with the help of eMS, wherever applicable, to check the following key connection information:

(i) Connectivity Status(ii) Operational Status(iii) Connection Type(iv) Circuit Type(v) Admin State

6.8[7.9] The O & M personal shall be able to manage wherever applicable each interfaces, connections with the following functionality:(i) enable/disable interfaces , connections(ii) deleting connections(iii) View current statistics on each interface, connection.(iv) Locate required connection through filtering tool

6.9[7.10] Performance Monitoring: eMS shall support performance monitoring on Ports. Performance statistics shall at least contain the following: (i) Number of Packets passed for each individual port (ii) Number of Packets dropped for each individual port (iii) Number of Packets marked for discard for each individual port (iv) Total Bytes for each individual port (v) Bandwidth Utilization

6.10[7.11] The element manager should provide a chassis view / device view of all the devices.

[7.12] It should allow multiple users to simultaneously view real time events/alarms, maps and tables.

[7.13] Have flexible management and administrative functions so that users can remotely manage and monitor network alerts and allow both read only and read-write access.


[7.14] Restrict access of views to certain users and groups to minimize the risk of data distortion.

[7.15] All alarm/event messages shall be automatically time and date-stamped by the Fault Management Module.

[7.16] The system shall also provide real-time data/statistics on all the network elements under maintenance-mode in a single console.

[7.17] The system shall provide a comprehensive audit of network changes reported chronologically.

[7.18] The system shall provide details for each device, including device name, chassis ID, free memory, software versions and serial numbers etc.

[7.19] The system shall be capable of login authentication to restrict / enable access to the authorized users.

[7.20] For Provisioning and inventory management, the elements/ eMSs procured under this tender shall be integrated, using open interfaces, with existing provisioning & management system of BB network. The interfacing / integration shall be the responsibility of bidder.

[7.21] The eMS quoted shall meet the following functionalities.

a. The role of the eMS is to control and manage all aspects of the domain such as Fault, Configuration, Accounting, Performance, and Security (FCAPS) to ensure maximum usage of the devices resources.

b. The eMS shall be modular so that the each module like Fault, Provisioning, Performance etc., in the eMS can be installed on same as well as different servers based on the load and other needs.

c. The eMS shall support the inventory management to discover all the elements and their subsystems etc along with their part serial number. Inventory Management has to cover all the parts. The details obtain shall be and not limited to serial number, hardware version, software version, any resource if available like memory capacity, type of the inventory, description of the inventory, part code etc.

d. The eMS should provide a single GUI for configuration of all devices.e. The eMS shall support discrete configuration of the network elements.f. The eMS shall be able to store configurations of the network elements.g. The eMS shall provide NE Data base configuration upload/download feature.h. The eMS should provide a chassis view / device view of all the devices. The device view

shall be with all interconnectivities of the devices monitored by the eMSi. The eMS shall be IPv6 enabled, the IPv6 capability shall be at all levels viz., OS,

Hardware, eMS application and should be able to handle the FCAPS with IPv6 functionalities

[j.] The eMS database should have sufficient capacityan Embedded Object Oriented Database/ Embedded Relational Databases(RDBMS) for efficient administration & cost effectiveness. The database should have sufficient capacity to store data at peak load for minimum three yearsthree months as mandated in DOT guideline.

j.[k.] The eMS shall have interface support to an external RDBMS for a common data repository.

k.[l.] It shall allow multiple users to simultaneously view real time events/alarms, maps and tables. The simultaneous concurrent real client user sessions should be minimum 100.

l.[m.] Have flexible management and administrative functions so that users can remotely manage and monitor network alerts and with different levels of permissions view, view and modify, view only certain group, view and modify only certain group of NE’s and all subset of NE like interfaces, subscriber links etc.,


m.[n.] Restrict access of views to certain users and groups to minimize the risk of data distortion.

n.[o.] eMS shall be able to monitor and manage its own components of servers, storages etc.,

o.[p.] All reports generated in eMS shall have the facility to be stored in local machine of the user Exported in various standard formats as required. eMS shall be as per TEC/GR/SW/EMS-001/ 02/ NOV-09.

p.[q.] If at any stage of this project, it is found that the eMS solution requires additional hardware, software, licenses or other resources or any customization effort to meet the requirements envisaged in this tender document, the same shall be supplied and implemented free of any cost to BSNL.

[8.] VDSL vectoringVectored VDSL2 CPE with Wi-Fi & LAN Port:

6.11[8.1] VDSL vectoring CPE shall support remote management as per standard protocol TR-069.

6.12[8.2] Every CPE should be factory programmed with username as admin and password as 8 digit random number. The 8 digit number shall be pasted at the back of the modem with a facility to change the passwords.

6.13[8.3] All protocol ports on WAN side (e.g TP, Telnet, SSH, HTTP, SNMP, UPnP) including CWMP be disabled.

6.14[8.4] Bidder shall manage a website for consumer to upgrade and download latest firmware & software of their Modem.

6.15[8.5] Modem shall be ITU-T G 9980 standard complaint.6.16[8.6] WPS (Wireless Protection) MAC filtering, ACL should be available.6.17[8.7] The Wifi ADSL2+ CPEs should have 5 Dbi Antenna.6.18[8.8] The subscriber unit shall have protection mechanism for Over-voltage and Over-

current on the line interface as per ITU-T Rec. K.21.[8.9] 6.19[8.10] Power Supply: The Subscriber Units shall be powered from 230 V AC +10%, -25%

(between 170V to 255V) at 50 ± 2 Hz frequency. The voice communication services shall not be affected even in case of power failure to the CPE. Suitable SMPS AC adapter shall be supplied with every VDSL2+ CPEs. The power adaptor shall have visible indication on the CPE’s output supply side .The AC power plug shall have pin design and

6.20[8.11] The CPE shall be driverless unit for working on Ethernet interface i.e. No driver should be required to be installed in PC to make subscriber unit run. The unit configuration should be either through console or web console without requirement of any software loading done externally.

6.21[8.12] The CPE shall be compatible with commercially available client software in Windows XP, Windows Vista, Windows 7 / 8 /10, Linux, Apple and Mac OS for Ethernet & Wireless interfaces.

6.22[8.13] The supplied CPEs should be compatible with the PPPoE dialers inbuilt with various Operating Systems like MS Windows, Linux, Apple, Mac etc.

6.23[8.14] The CPE shall optionally have the provision to maintain log file (password, carrier detection, carrier loss etc.) with correct date and time stamp.

6.24[8.15] The CPEs shall be supplied with preconfigured settings taken by successful bidder/s from BSNL. Further the CPEs shall also be web configurable.

6.25[8.16] It shall be possible to have Password /user ID with the special characters.6.26[8.17] CPE shall have logical port mapping functionality. Logical Port Mapping is sort of

NATP(Network address translation with ports), allows to create a permanent translation entry that maps a private IP address & protocol port (TCP/UDP) of a LAN side machine to an IP address and protocol port (TCP/UDP) on a WAN interface of CPE. This logical port mapping shall be applied for inbound as well as outbound.


[8.18] CPE shall support VOD, Broadcast TV, High Speed Internet, IP-VPN, VOIP and other content applications etc. CPE shall be compatible with existing VDSL based Broadband Network infrastructure of BSNL having EDA DSLAM of M/s Ericsson, Huawei MA 5600 series DSLAMs and ISAM 7302/ 7330 DSLAMs of Alcatel / DSLAM of Zyxel.

6.27[8.19] The CPE shall have on/off switch to enable/disable Wi-Fi signal/facility.6.28[8.20] The CPEs to be supplied shall be dual stack and shall work on both IPv4 and IPv6.[8.21] The CPE shall comply with DoT security guidelines issued vide letter no. 820-

1/2008-DS Pt. II dt. 23.2.2009 and subsequent amendment and clarification issued. These guidelines may be accessed on DoT website.

[8.22] INTERFACE REQUIREMENTS: This iInterface shall be is used for connecting the CPES with Data terminal, Telephone line, POTS telephone. The VDSL CPEs shall have the interfaces as given below:

No Interface Number of Interfaces required in the CPEs

1 Line interfaceUplink 12 Ethernet / LAN (RJ45) Port 43 Wi-Fi Capability Required4 FXS Voice Ports 254 USB 2.0 ports (or better) 1655 No. of Antenna Dual Antenna 2x26 Band Single Band 7 Frequency 2.4 GHz8 Wireless Speed 300Mbps9 RAM Min 8 MB10 Flash Memory Min 32 MB11 SSID 4

[9.] General Specification for GPON ONT

6.29[9.1] Functional and technical requirement of ONT shall be as per TEC GR no. GR/PON-01/02 APRIL 2008 and latest amendments.

6.30 It shall be robust to operate in temperature range from -25C to 55C.6.31 The subscriber unit shall have protection mechanism for Over-voltage and Over-current

on the line interface as per ITU-T Rec. K.21.[10.] [10.1] Power Supply: The Subscriber Units shall be powered from 230 V AC +10%, -

25% (between 170V to 255V) at 50 ± 2 Hz frequency. The voice communication services shall not be affected even in case of power failure to the ONT. Suitable SMPS AC adapter for conversion of 220V AC to DC shall be supplied with every ONT. The power adaptor shall have visible indication on the ONT output supply side .The AC power plug shall have pin design and

6.32[10.2] It shall have 10/100/1000 Base-T interface for Ethernet UNI Ports (RJ45 interface).6.33 The ONT shall be driverless unit for working on Ethernet interface i.e. No

driver should be required to be installed in PC to make subscriber unit run. The unit configuration should be either through console or web console without requirement of any software loading done externally.

6.34[10.3] The ONT shall be compatible with commercially available client software in Windows XP, Windows Vista, Windows 7 / 8 /10, Linux, Apple and Mac OS for Ethernet & Wireless interfaces.

6.35[10.4] The supplied ONT should be compatible with the PPPoE dialers inbuilt with various Operating Systems like MS Windows, Linux, Apple, Mac etc.

6.36[10.5] The ONT shall optionally have the provision to maintain log file (password, carrier detection, carrier loss etc.) with correct date and time stamp.


6.37[10.6] The ONT shall be supplied with preconfigured settings taken by successful bidder/s from BSNL. Further the CPEs shall also be web configurable.

6.38[10.7] It shall be possible to have Password /user ID with the special characters.6.39[10.8] ONT shall have logical port mapping functionality. Logical Port Mapping is

sort of NATP(Network address translation with ports), allows to create a permanent translation entry that maps a private IP address & protocol port (TCP/UDP) of a LAN side machine to an IP address and protocol port (TCP/UDP) on a WAN interface of CPE. This logical port mapping shall be applied for inbound as well as outbound

6.40[10.9] ONT shall support VOD, Broadcast TV, High Speed Internet, IP-VPN, VOIP and other content applications etc.

6.41[10.10] The ONT shall have on/off switch to enable/disable Wi-Fi signal/facility.6.42[10.11] The ONT to be supplied shall be dual stack and shall work on both IPv4

and IPv6.6.43 The Proposed ONT should have Home Fiber Coiling design to prevent damage to fiber

by any movement of ONTs deployed at home.7. [10.12] The ONT shall comply with DoT security guidelines issued vide letter no. 820-

1/2008-DS Pt. II dt. 23.2.2009. These guidelines may be accessed on DoT website.

[10.13] Interface RequirementNo Interface Number of Interfaces required in the CPEs1 Line interfaceUplink PON 12 Ethernet / LAN (RJ45)

Port10/100/1000 Base-T interface

4

3 Wi-Fi Capability Required4 FXS Voice Ports 25 USB 2.0 ports (or better) 164 No. of Antenna Dual Antenna 2x25 Band Single Band 6 Frequency 2.4 GHz7 Wireless Speed 300Mbps8 RAM Min 8 MB9 Flash Memory Min 32 MB10 SSID 4

7.1[10.14] Management Features & functionalities:[(i)] The Subscriber unit shall support at least SNMP v2. The Subscriber unit shall support

Standard MIBs and Private MIBs. The MIBs shall have to be supplied to BSNL.[(ii)] The subscriber unit supplied shall support remote management as per DSL

forum defined standard protocol TR-69. The bidder shall supply TR-69 compliance certificate from either DSL forum or DSL forum accredited body or from third party vendor/operator in whose network/equipment, the TR-69 compliance has been tested.

(i)[(iii)] Shall support DHCP server for IP management(ii)[(iv)] Shall provide web based configuration and the same shall be possible locally

through PC connected through the Ethernet port.(iii)[(v)] Updates shall be possible to be user downloadable from remote web site via

HTTP.(iv)[(vi)] Support TFTP/FTP/Web based for Firm ware upgrade/backup


(v)[(vii)] Telnet remote access support[(viii)] SNMP support[(ix)] Built-in Diagnostic Function(vi) Built-in SIP IAD for GPON ONT.(vii)[(x)] Monitor for Line speed (US/DS), Attenuation, noise margin, CRC, etc

[11.] EMS Server Hardware specifications (rack Server)7.2[11.1] 64 – bit carrier grade Linux/Unix on CISC/RISC/EPIC platform7.3[11.2] Minimum 16 cores upgradeable to 32 cores per server having 2.1 GHz clock

speed per processor (or latest one)7.4[11.3] Minimum 16GB RAM per Core with 16Gb DDR4 memory DIMS.7.5[11.4] No of equipped cores shall be as per sizing certificate given by the authorized

signatory of software (Application) OEM. The number of equipped Cores in the Server shall be based on the actual hardware sizing of the application.

7.6[11.5] The server shall support Ethernet and fiber channel connectivity OR Converged Network Adapters in lieu of the same.

7.7[11.6] Minimum 2x800GB SSD Enterprise Grade. Bidder shall provision Database storage capacity to store data at peak load for minimum three years. Detailed calculation of storage capacity calculation shall be submitted by the bidder

[11.7] The server shall be provided with Operating system supported by the application. Sizing certificate as per Annexure B shall be submitted by the bidder.

7.8[11.8] The eMS solution supplied shall be in high availability mode with redundancy i.e. N+1 configuration. The server shall be configured to provide for port and card level redundancy.

7.9[11.9] It shall support GUI based configuration and reconfiguration of system and application software from a central location. It shall support Open interfaces for logging and monitoring.

7.10[11.10] All servers shall be rack mounted using rack mounting kits to be supplied by the server vendor.

7.11[11.11] The detailed hardware specified in this specification is the minimum indicative only. The solution provided by the bidder must meet the performance criteria laid down. Any additional hardware or enhancement in hardware required to meet the performance indicated in this specification shall be quoted in the bid. If it is detected later that any other hardware is required to meet the performance indicated in this specification the same shall have to be provided free of cost.

8. UPS –8.1 UPS shall be provided in outdoor rack cabinet with 2 hours of battery backup. Capacity of

the UPS shall be worked out by the bidder as follows: Total rated load of the total equipment deployed = TUPS System Capacity (C) = 1.5 * T.

8.2 Detailed calculation of load requirement to meet the capacity of UPS shall be submitted along with technical bid.

8.3 Battery back up of 2 hours shall be provided for UPS rated capacity. For Example for an UPS of 20KVA/16Kw, battery backup of 2 hours shall be tested at 20KVA/16W load.

9.[12.] A POC shall be conducted by all the bidders as a part of technical eligibility.

10. It is obligatory on the Bidder to supply the cards (all control and line cards) during the contractual period at the card rate quoted in the tender.

Section 3 Part DTechnical Specification of the UPS

1. UPS system requirements: UPS system consists mainly of the following building blocks:


1.1 Distribution, Switching, Control & Alarm (DSCA) unit: Provides for Distribution, Switching, Monitoring, Control and alarm of the UPS unit / System.

1.2 Rectifier: Rectifier unit is used for conversion of AC into regulated DC.1.3 Battery Bank: Battery of suitable capacity for providing power to the inverter when

Rectifier unit is not working due to any reason.1.4 Inverter Unit: Inverter unit shall be capable of providing uninterrupted AC power to the

Telecom Equipment.1.5 Static Transfer Switch: Static Transfer Switch is for transferring the load, automatically to

AC mains (regulated or unregulated). Transfer of load back to UPS shall be auto/ manual but it shall take place, only after the inverter output has stabilized and is within the specified limits.

1.6 Manual Transfer Switch: Manual transfer switch is for the transfer of load from inverter to Standby power and back to Inverter unit, manually without the interruption of power to the load. The interlocking inverter operation shall be prevented from unsynchronized switches.

1.7 Voltage Regulator: Voltage Regulator (VR) is for providing Standby regulated AC power (as per the purchaser's requirement) to the telecom equipment.

2. UPS System Configurations:2.1 UPS systems envisaged in this specification may be:

a) A Standalone UPS ORb) Standalone (1+1) UPS System ORc) Modular UPS System.

2.1.1 Standalone UPS or Standalone (1+1) UPS Systems:i. This type of system shall be a single unit of required capacity without redundancy or

two similar units in (1+1) configuration with redundancy capable of sharing load with other UPS unit of same rating and make, in synchronous load sharing mode. This type of system shall have the components as inverter unit, rectifier unit and DSCA, Static Transfer Switch, and Manual Transfer Switch, all housed in a single cabinet. The system shall have the battery of the desired rating as per backup requirements. In case of Standalone (1+1) UPS System, separate AC input shall be made available from the LT Panel for each UPS.Note: The stand alone UPS system of given capacity shall be a single unit. Paralleling of smaller capacity UPS systems to achieve the required capacity is not allowed.

2.1.2 Modular UPS Systems:i. In these types of systems, UPS is composed of the pluggable type basic modules and

each module has the building block as: One rectifier unit, one inverter unit and a common DSCA unit. The battery shall be as per the desired rating of the UPS. The battery AH capacity will be according to the battery backup requirement. DSCA unit provides for all the control, monitoring, alarm functions and necessary terminations/switches as per the specification. In addition to this, the DSCA shall also have the capability of operating its inverter unit in synchronous mode with the inverter units of other UPS units of same make and rating. Static Transfer Switch and Manual Transfer switch in this concept will be common for the ultimate system capacity (as envisaged by the user) proposed to be constituted by paralleling of these UPS units. This type of UPS unit shall be capable of sharing load with other UPS units of same rating and make, in synchronous load sharing mode. The AC input to the rack shall be separate for each rack from LT Panel, if more than one rack is used.

2.2 Redundancy criteria for Modular UPS System:i. The maximum number of UPS modules in a system shall be N, where N is the number of

basic UPS units decided as per the load requirement of the user / purchaser, and 1 is redundant unit.


2.3 UPS System Rating: Specified ratings of UPS systems are:Type of UPS

Stand alone UPS or Standalone (1+1) UPS Systems

Modular UPS Systems

Input / Output

1Ph/1Ph 3Ph/1Ph 3Ph/3Ph 3Ph/3Ph 3Ph/3Ph

UPS ratings

1KVA 2KVA 3KVA 5KVA 6KVA 10KVA

10KVA 15KVA 20KVA 30KVA

10KVA 15KVA 20KVA 30KVA 40KVA 60KVA

40KVA, 60KVA & 80KVA with basic UPS module rating of 10KVA/16 KVA/20KVA

100KVA, 160KVA, 200KVA, 250KVA & 300KVA with basic UPS module rating of 16KVA/20KVA/25KVA

Notes: a. The rating of Charger (Rectifier unit) shall be as per back-up and battery capacity. The Static Transfer Switch and Manual Transfer switch shall be rated at 1.1 times of the UPS rating (i.e 110% of Load). The rating of the battery shall be as per back-up requirement.

b. For more than 60KVA capacity only modular type UPS shall be quoted.2.4 Technical Requirements of UPS System:

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Technical Requirements

Single Phase output Three Phase output

[A] AC Input Operating Range & Frequency

170V to 270V (Nom.230V)48 to 52Hz

320V to 480V (Nom. 400V)48 to 52Hz

[B] Charger (FR/FC) SMPS Technique using Switching Frequencies 10KHz and above.

SMPS Technique using Switching Frequencies 10KHz and above.

1 Operation Auto Float-cum-Charge mode. Auto Float-cum-Charge mode.

2 Charger Voltage(Float /Charge)

Depending upon the numberof Cells used and Cell Voltage (2.25V /2.3V per cell or 13.5V/13.8V per mono-block).

Depending upon the numberof Cells used and Cell Voltage (2.25V /2.3V per cell or 13.5V/13.8V per mono-block).

3 Charger Efficiency i). At nominal input, output and load

between 75% to 100%

ii). For other specified Input, output conditions & load between 50 % to 100 %.

Better than 89%

Better than 85%

Better than 90%

Better than 87%

4 Peak to Peak Ripple <1% of DC Bus Voltage <1% of DC Bus Voltage

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5 Battery The Battery shall be Sealed Maintenance Free VRLA Battery. In case of 12V (6 cells) mono-block VRLA Battery maximum permissible capacity is 200AH.

The Battery shall be Sealed Maintenance Free VRLA Battery. In case of 12V (6 cells) mono-block VRLA Battery maximum permissible capacity is 200AH.


For batteries of capacity higher than 200AH, only 2V cells shall be used. Paralleling of 2V cells ofAH capacity up to 1500 AH is not permitted.In case of Mono-blockVRLA Battery paralleling of two Banks (maximum) is permitted. Note: 1). Pluggable Moduar Mono-Block types VRLA Batteries are also acceptable.2). Only TSEC/TEC approved Batteries shall be accepted.

For batteries of capacity higher than 200AH, only 2V cells shall be used. Paralleling of 2V cells of AH capacity up to 1500 AH is not permitted.In case of Mono-block VRLA Battery paralleling of two Banks (maximum) is permitted.Note: 1). Pluggable Moduar Mono-Block types VRLA Batteries are also acceptable.2). Only TSEC/TEC approved Batteries shall be accepted

6 Battery Backup. Shall be as mentioned in the Ordering Information.

Shall be as mentioned in the Ordering Information.

7 Battery monitoring Feature

Battery monitoring Feature shall be provided for - i). Battery Under Voltage ii). Battery Current Limitingiii). Battery Temperature

compensation.

Battery monitoring Feature shall be provided for - i). Battery Under Voltage ii). Battery Current Limiting

iii). Battery Temperature compensation.

[C] Output Characteristics(Inverter) :

8 Inverter Output Power Capacity

(i) Standalone UPS System or Stand alone (1+1) UPS System:

a).1KVA to 10KVA - Single Phase input and Single Phase output.

b).10KVA to 30KVA - Three Phase input and Single Phase output.

Details of UPS Configuration and ratings are given in Table - 3 of Specification. Note: In case of Standalone (1+1) UPS System, separate AC input shall be made available from LT Panel.

(i) Standalone UPS System or Stand alone (1+1) UPS System:

a). 10KVA to 30KVA - Three Phase input and Three Phase output.

b). 40KVA to 200KVA - Three Phase input and Three Phase output.

(ii). Modular UPS System : 40KVA to 300KVA with Basic Module rating of 10KVA, 16 KVA, 20KVA & 25KVA in (N+1) configuration. Three Phase input and Three Phase Output.Details of UPS Configuration and ratings are given in Table - 3 of Specification. Note: In case of Modular UPS System, separate AC input shall be made available from LT Panel, for individual racks if more than one rack is used.

Sl. No.



9 Output Voltage of Inverter

Shall deliver continuous uninterrupted single phase pure sine wave output at 230V/50Hz.

Shall deliver continuous uninterrupted three phase pure sine wave output at 400V/50Hz.

10 Output Voltage Settable

Shall be settable in steps of 210/220/230/240V

Shall be settable in steps of 380/400/415V

11 Output Voltage Stability

Output Voltage Stability: ± 2% of the Set Voltage

Output Voltage Stability: ± 2% of the Set Voltage


for - 1. Input voltage variation in the

range specified.2. Load current variations from

zero to 100% (full load)3. Load power factor Better than 0.8

for - 1. Input voltage variation in the

range specified.2. Load current variations from

zero to 100% (full load)3. Load power factor Better than 0.8

12 Output Frequency The output frequency shall be synchronized to Mains at all times. It shall revert to a frequency of 50Hz+ 0.5Hz on battery operation mode /during failure of Mains.

The output frequency shall be synchronized to Mains at all times. It shall revert to a frequency of 50Hz+ 0.5Hz on battery operation mode /during failure of Mains.

13 Load Power Factor Better than 0.8 Better than 0.8

14 Inverter Efficiency(i). For Load between

75% to 100% and Input DC Voltage of 2.15V/Cell to 2.3V/Cell or 12.9V/

mono-block to 13.8V/ mono-block and Output voltage of 230V.

(ii). For other Input, Output and Load Conditions.

Not less than 85%

Not less than 80%

Not less than 85%

Not less than 80%

15 Transient Response The transient overshoot shall not exceed 10% with battery floated under the following conditions, provided it gets restored within regulating range within 100ms :1. Switch ON2.Step change of input

voltage specified and vice-versa

3.Load change from 100% to 10% and vice-versa

The transient overshoot shall not exceed 10% with battery floated under the following conditions, provided it gets restored within regulating range within 100ms :1. Switch ON2.Step change of input

voltage specified and vice-versa

3.Load change from 100% to 10% and vice-versa

16 Total Harmonic Distortion

The total line harmonic voltage distortion shall not be more than 3% in conformity with CIGREs (International Conference on Large High Voltage Electric Systems) limits.

The total line harmonic voltage distortion shall not be more than 3% in conformity with CIGREs (International Conference on Large High Voltage Electric Systems) limits.

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17 Static Transfer Switch

Static Transfer Switch, capable of handling 110% Load of the rated system capacity shall be provided to transfer the load automatically within 5 mS to AC Commercial /Stand-by Mains through isolation arrangement, in case the inverter fails to take load due to any reason.

Static Transfer Switch, capable of handling 110% Load of the rated system capacity shall be provided to transfer the load automatically within 5 mS to AC Commercial /Stand-by Mains through isolation arrangement, in case the inverter fails to take load due to any reason.


The transfer of Load back to Inverter shall be automatic in case the inverter has tripped momentarily due to sudden Over Load or transients. The transfer time in this case shall also be within 5ms. It shall take place, only after the inverter output has stabilized and is within the specified limits. However transfer of load back to inverter shall be Manual in case the Inverter has developed a Fault.

The transfer of Load back to Inverter shall be automatic in case the inverter has tripped momentarily due to sudden Over Load or transients. The transfer time in this case shall also be within 5ms. It shall take place, only after the inverter output has stabilized and is within the specified limits. However transfer of load back to inverter shall be Manual in case the Inverter has developed a Fault.

18 Manual Transfer Switch

Manual transfer switch, capable of handling 110% Load of the rated system capacity shall be provided to transfer the load to AC Commercial / Stand-by Mains and back to UPS without the interruption of power to the load.

Manual transfer switch, capable of handling 110% Load of the rated system capacity shall be provided to transfer the load to AC Commercial / Stand-by Mains and back to UPS without the interruption of power to the load.

19 Operating NoiseUPS System up to :10KVA < 50dBA10KVA to 40KVA <55dBA40KVA to 100KVA <60dBA100KVA to 200KVA < 65dBA200KVA and above <70dBAFor Modular UPS System: 20 KVA to 60 KVA <70dBAUp to 120 KVA <73dBA

The fully equipped UPS system at full load shall not contribute noise (weighted) as per the limits mentioned in the Table - 1.The reference ambient noise level is taken as 45dBA.The noise level shall be measured at a distance of 1 metre from the unit and 1.25m above the floor level in the Acoustic Range. The correction factor for Total Noise when the ambient noise level is more than 45dBA shall be as given in the Table - 2. Note: Correction Factor shall be added to the limit specified to arrive at the limit when the Ambient Noise is greater than 45dBA.

The fully equipped UPS system at full load shall not contribute noise (weighted) as per the limits mentioned in the Table - 1.The reference ambient noise level is taken as 45dBA.The noise level shall be measured at a distance of 1 metre from the unit and 1.25m above the floor level in the Acoustic Range.The correction factor for Total Noise when the ambient noise level is more than 45dBA shall be as given in the Table - 2. Note: Correction Factor shall be added to the limit specified to arrive at the limit when the Ambient Noise is greater than 45dBA.

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20 Cooling Arrangement Natural Convention Cooling or Forced Cooling. Fans can only be used on the front/top and rear of the unit. Use of fans on the sides of the unit or rack is not permitted. Manufacturer shall also ensure that the failure of the fan does not cause any fire hazard. Failure of fan shall draw Immediate attention of the maintenance staff. Fan shall be switched off when output of the unit fails due to any reason and shall start

Forced CoolingFans can only be used on the front/top and rear of the unit. Use of fans on the sides of the unit or rack is not permitted. Manufacturer shall also ensure that the failure of the fan does not cause any fire hazard. Failure of fan shall draw immediate attention of the maintenance staff. Fan shall be switched off when output of the unit fails due to any reason and shall start automatically on the restoration


automatically on the restoration of their output.

of their output.

21 Metering There shall be provision on UPS level to monitor the following: i) AC Input Voltage to UPSii). AC Output Voltage & Current of UPSiii). Output frequencyiv). Output Power of UPS in Watts / K. Watts (above 5 KVA) v). DC Voltage to Inverter vi). Battery Current (charge /

discharge). The above arrangement shall be made through a Digital meter with LED/LCD display. The Digital meter’s display/Resolution shall be such that it is clearly and unambiguously readable from a distance of1 metre. The display unit shall be provided at a convenient height for easy readout.

There shall be provision on UPS level to monitor the following: i). AC Input Voltage to UPSii). AC Output Voltage & Current of UPSiii). Output frequencyiv). Output Power of UPS in Watts / K. Watts v). DC Voltage to Inverter vi). Battery Current (charge /

discharge). The above arrangement shall be made through a Digital meter LED/LCD display. The Digital meter’s Display/Resolution shall be such that it is clearly and unambiguously readable from a distance of1 metre. The display unit shall be provided at a convenient height for easy readout.

22 Protections Adequate Protections shall be provided for : 1. DC Reverse Polarity at input (Through Fuse). 2. DC Under Voltage 3. DC Over Voltage4. Output Voltage High5. Output Voltage Low

Adequate Protections shall be provided for : 1. Reverse Polarity at input (Through Fuse)2. DC Under Voltage3. DC Over Voltage4. Output Voltage High5. Output Voltage Low

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23 Over Load Shall be capable of taking 105% for 1 Hour/ 110% for 30 minutesof its full rated load. In case of excessive over load or short circuit at the output the Inverter shall trip.

Shall be capable of taking 105% for 1 Hour/ 110% for 30 minutesof its full rated load. In case of excessive over load or short circuit at the output the Inverter shall trip.

24 Functional & Alarm Indications

Functional & Alarm Indications shall be provided by means of visual display (LED/LCD) :A).Functional Indications: 1. Mains available 2. Charger on (Boost / Float) 3. Load on Inverter4. Load on Standby Power

B) Alarm Indications: 1) AC Mains Input out of range or AC Mains Fail

2) Charger (FR/FC) Fail 3) Inverter Fail 4) Fan Fail 5) Battery Low or

Functional & Alarm Indications shall be provided by means of visual display (LED/LCD):A) Functional Indications: 1.Mains available (R/Y/B) 2. Charger on (Boost / Float) 3. Load on Inverter4. Load on Standby Power

B) Alarm Indications :1) AC Mains Input out of range or AC Mains Fail 2) Charger (FR/FC) Fail 3) Inverter Fail4) Fan Fail 5) Battery Low or


No Battery (separate for each Battery)

6) System Over Load 7) Temp. Sensor Fail/Open8) Lightning Protection Stage - 2

Device fail. (through PFC)

No Battery (separate for each Battery) 6) System Over Load 7) Temp. Sensor Fail/Open 8) Lightning Protection Stage - 2

Device fail (through PFC)25 Audio alarm Every Alarm condition shall be

accompanied with an Audio alarm, with a non locking type Key or push button having audio cut-off facility.

Every Alarm condition shall be accompanied with an Audio alarm, with a non locking type Key or push button having audio cut-off facility.

26 Operating Temperature & RH

0 to 50 Deg C & RH 95% Non condensing

0 to 50 Deg C & RH 95% Non condensing

27 Elevated Burn-in Test

The complete UPS system shallbe capable of withstanding aBurn-in test of 50°C for 72Hours during TSEC and 24 Hours during Bulk QA testing.This test may be conducted in a temperature controlled burn in chamber at 50 C+ 2C with free air circulation inside the chamber.

The complete UPS system shallbe capable of withstanding aBurn-in test of 50°C for 72Hours during TSEC and 24 Hours during Bulk QA testing.This test may be conducted in atemperature controlled burn inchamber at 50 C+ 2C with free air Circulation inside the chamber.

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Note: It is agreed that for more than 60KVA capacity only modular type UPS shall be procured.

Single Phase output

Note: It is agreed that for more than 60KVA capacity only modular type UPS shall be procured

Three Phase output28 Lightning & Surge

Protection:Co-ordinated Stage – 1 & Stage – 2 Protection.

For the protection of Telecom Site against the lightening and high voltage surges Co-ordinated Stage – 1 & Stage – 2 Protection shall be as per GR of Lightening and Surge Protection of Telecom Site (GR No. TEC/GR/FLA/ LSP-001/01/June 2010). Note: This protection will be provided separately at the site at the entry level of the equipment as per the requirement.

For the protection of Telecom Site against the lightening and high voltage surges Co-ordinated Stage – 1 & Stage – 2 Protection shall be as per GR of Lightening and Surge Protection of Telecom Site (GR No. TEC/GR/FLA/ LSP-001/01/June 2010. Note: This protection will be provided separately at the site at the entry level of the equipment as per the requirement.

29 Stage –2 Protection

This protection against, low voltage surges of up to 1.5 KV, shall be provided at the UPS system level. This protection shall be equipped with thermal disconnection and potential free contact for arrestor(s) connected between live & neutral and neutral & earth. This protection shall be in compliance of IEC 62305 & 60364-5-53 for the following values of current:

This protection against, low voltage surges of up to 1.5 KV, shall be provided at the UPS system level. This protection shall be equipped with thermal disconnection and potential free contact for arrestor(s) connected between live & neutral and neutral & earth. This protection shall be in compliance of IEC 62305 & 60364-5-53 for the following values of current:


Between Protection Requirement

Between Protection Requirement

R, Y, B & N

≥ In: 10KA, 8/20S for each phase.

R, Y, B & N

≥ In: 10KA, 8/20S for each phase.

N & PE ≥ In: 20KA, 8/20S.

N & PE ≥ In: 20KA, 8/20S.

Where In: Value of nominal discharge current 8/20S. Note: Voltage rating of MOVs shall be 320V minimum.

Where In: Value of nominal discharge current 8/20S.Note: Voltage rating of MOVs shall be 320V minimum.

Response time of the Stage II device shall be ≤ 25 nano seconds.

Response time of the Stage II device shall be ≤ 25 nano seconds.

The Stage - 2 Protection Device shall be CACT approved. The Stage - 2 Protection

Device shall be CACT approved.

30 Dimensions

The depth of rack/unit shall not be more than 1000 mm from front door (when provided) to rear with door fitted. The width shall not be more than 1100 mm (max) and height shall not be more than 2200mm (max).

The depth of rack/unit shall not be more than 1000 mm from front door (when provided) to rear with door fitted. The width shall not be more than 1100 mm (max) and height shall not be more than 2200mm (max).

Table - 1: Operating Noise

UPS System Equipment Noise Permissible Max Noise (weighted) w.r.t Ambient Noise level of 45dBA

Up to 10KVA <50dBA 5dB10KVA to 40KVA <55dBA 10dB40KVA to 100KVA <60dBA 15dB100KVA to 200KVA < 65dBA 20dB200KVA and above <70dBA 25dBFor Modular UPS System i). 20KVA to 60 KVAii). Up to 320KVA

<70dBA< 73dBA

25dB28dB

Table - 2: Correction Factor (C.F) for Total Noise

AMBT.NOISE

C.F AMBT.NOISE

C.F AMBT.NOISE

C.F AMBT. NOISE

C.F

45dBA 0 dB 49dBA 0.86dB 53dBA 2.07dB 57dBA 3.69dB46dBA 0.18dB 50dBA 1.12dB 54dBA 2.47dB 58dBA 4.17dB47dBA 0.39dB 51dBA 1.41dB 55dBA 2.82dB 59dBA 4.68dB48dBA 0.61dB 52dBA 1.73dB 56dBA 3.25dB 60dBA 5.21dB

Note: The correction Factor shall be added to the limit specified of 60dBA to arrive at the limit when the ambient is greater than 45dBA.


Table - 3(i) STANDALONE UPS or STANDALONE (1+1) UPS SYSTEM Configuration:

Category No.

Type of System

Ratings

Input / Output

System (Ultimate)

BasicInverter

Basicrectifier

Static TransferSwitch

Manual Transfer Switch

Battery Capacity

1a 1Ph/1Ph 1 KVA 1KVA *Inverter + battery

requirement

1.1 KVA 1.1 KVA As per back-up

1b 1Ph/1Ph 2 KVA 2KVA -do- 2.2 KVA 2.2 KVA As per back-up

1c 1Ph/1Ph 3 KVA 3KVA -do- 3.3KVA 3.3 KVA As per back-up

2a 1Ph/1Ph 5 KVA

5KVA -do- 5.5 KVA 5.5 KVA As per back-up

2b 1Ph/1Ph 6KVA

6KVA -do- 6.6 KVA 6.6 KVA As per back-up

2c 1Ph/1Ph 10KVA 10KVA -do- 11KVA 11KVA As per back-up

3a

3Ph/1Ph

10KVA 10KVA -do- 11KVA 11KVA As per back-up

15KVA 15KVA -do- 16.5KVA 16.5KVA As per back-up

20KVA 15KVA -do- 22 KVA 22 KVA As per back-up


3b 3Ph/3Ph 10KVA 10KVA -do- 11KVA 11KVA As per back-up

15KVA 15KVA -do- 16.5KVA 16.5KVA As per back-up

20KVA 15KVA -do- 22 KVA 22 KVA As per back-up


3c

3Ph/3Ph-do-

40/60 KVA 20KVA

-do-

110% 110% As per back-up


(ii) MODULAR UPS SYSTEM Configuration:

Category No.

Type of System

Ratings

Input/Output

SystemConfiguratio

n**(N+1)

BasicUPS

BasicRectifier

StaticTransferSwitch

Manual Transfer Switch

BatteryCapacity

1a Three Phase

40KVA(N+1)

10/16/20KVA

*Inverter + battery

requirement

44KVA 44KVA As per backup

1b Three Phase

60KVA (N+1)

10/16/20KVA

66KVA 66KVA As per backup

1c Three Phase

80KVA(N+1)

10/16/20KVA

-do- 88KVA 88KVA As per backup

2a Three Phase

100 KVA(N+1)

16/20/25KVA

-do- 110 KVA

110 KVA

As per backup

2b Three Phase

160KVA (N+1) (max 2 Racks)

16/20/25KVA


2c Three Phase

200KVA(*N+1)(max 2 Racks)

16/20/25KVA


3a Three Phase

250 KVA(N+1)(max 3 Racks)

16/20/25KVA

-do- 275KVA

275KVA

As per backup

3b Three Phase

300KVA(N+1)(max 3 Racks)

16/20/25KVA


* The rating of rectifier shall be sufficient to take care of 1.1 times the Inverter DC load and

battery load as per back-up and rate of charging.

** In this configuration N is the desired rating of Basic UPS units (C), and 1 is redundant.


Section 3 Part ESchedule of Requirements (SOR)

S. No

Item Description Item per Unit

Total Quantity

A MSAN 11.1 MSAN HardwareType-I - Access Node

including rack/ Chassis, Control, uplink, power cards & other accessories (excluding Line Subscriber Cards)

9375

1.1 MSAN Softwarea. Hardware (with each module, component

etc.)1

B Software (with each module, component etc.) 1

1.2 Interface per MSAN Chassis1.3 VDSL2 vectoring Line card (with Subscriber

cable) (minimum 32 port) 18750

1.4 GPON line cards (with Patch cord) (minimum 4 port)

3750

1.5 POTs Card (with Subscriber cable) (minimum 64 port)

9375

1.6 Outdoor rack 3750

1.7 UPS (for outdoor rack) with batter back up of 2 hrs

3750

1.2 MSAN Type-II Access Node including rack/

Chassis, Control, uplink, power cards & other accessories (excluding Line Subscriber Cards)

A Hardware (with each module, component etc.)

1

B Software (with each module, component etc.) 12 Line Subscriber Card2.1 Total VDSL ports2.1 Subscriber line card for VDSL2 (with min 24

ports max 32)A Hardware (with each module, component etc.)B Software (with each module, component etc.)2.2.1 GPON line cards with 4 ports 2A Hardware (with each module, component etc.)B Software (with each module, component etc.)2.2.2 GPON line cards with 8 ports 2A Hardware (with each module, component etc.)B Software (with each module, component etc.)3 CPE23.1 VDSL2 Vectored CPE along with withall

accessories50000

A Hardware (with each module, component etc.)

B Software (with each module, component etc.)3.23 GPON ONT withwith all accessories 100000A Hardware (with each module, component

etc.)B Software (with each module, component etc.)‍44 Splitters


4.14.1

1:8 Splitter 3750

4.24.2

1:16 Splitter 3750

5 5% spare cards (Power card, Control card,

Uplink card, VDSL2 vectoring Line card, GPON line cards, POTs Card)

65 eMS for NOC and DRNOCi6.1. eMS Hardware (Main Site at Bangalore)

(N+N)eMS Hardware for NOC and DRNOC1 set

6.2iii.

eMS Hardware (DR Site at Pune) (N+N) eMS Software for NOC and DRNOC

1 set

6.3 eMS Software (for Main + DR) 1 set 1.3 UPS (can be utilized from UPS of other

project of BSNL)i. UPS (Main Site at Bangalore) (N+N) with 2 hrs

battery backupii. UPS (DR Site at Pune) (N+N) with 2 hrs

battery backup 1.47 Installation & Commissioning service

(Minimum ……7% of the cost of hardware and software)

1 set

8.11.5

Comprehensive AMC including operation and Management cost for 7 years (Minimum 7% of the cost of hardware and software per year)

(Minimum 7% of the cost of hardware and software per year)

i. AMC for Year 1 1 setii AMC for Year 2 1 setiii AMC for Year 3 1 setiv AMC for Year 4 1 setv AMC for Year 5 1 setvi AMC for Year 6 1 setvii AMC for Year 7 1 set 91.13

Documentation

9.1 Hard Copy 2 set (one at Bangalore and one at Pune)

9.2 Soft Copy 2 set (one at Bangalore and one at Pune)

1.1410

Any other item required Bidder to specify and quote in price bid

S. No Item Description Item per Unit Total Quantity

1. 384-Ports MSAN Chassis excluding Line Subscriber Cards

1.1 MSAN Access Node Hardware 1 50001.2 MSAN Access Node Software 1 50001.3 Control and Switch Card 2 10000


1.4 2x10GE+1x1GE Uplink control Card 2 100001.5 Power Card 2 100001.6 Vectoring Processing card 1 50001.8 Motherboard/Backplane 1 50001.9 10GE SFP 2 50001.10 1GE SFP 2 50001.11 LC-LC Uplink Patch Cords 8 40000 2 Line Subscriber Card2.1 64-Port VDSL2 Vectoring card 2 100002.2 Switchboard Cable for VDSL2 Card 1 100002.3 8-Port GPON Card with B+ PON SFP 1 50002.4 SC-SC PON Patch Cords 1 Set 5000 3 CPE/ONT3.1 VDSL2 Vectored CPE with accessories 480,0003.2 GPON ONT with accessories 320,000 4 Splitters4.1 1:4 Splitter 300004.2 1:8 Splitter 400004.3 1:16 Splitter 20000 5 eMS for NOC and DRNOCi. eMS Hardware for NOC and DRNOC 1 setiii. eMS Software for NOC and DRNOC 1 set 1.3 UPSi. UPS (Main Site at Bangalore) (N+N) with 2

hrs battery backupii. UPS (DR Site at Pune) (N+N) with 2 hrs

battery backup 1.4 Installation & Commissioning service

(Minimum …… of the cost of hardware and software)

1 set

1.5 Comprehensive AMC including operation

and Management cost for 7 years(Minimum 7% of the cost of hardware and software per year)

i. AMC for Year 1 1 setii AMC for Year 2 1 setiii AMC for Year 3 1 setiv AMC for Year 4 1 setv AMC for Year 5 1 setvi AMC for Year 6 1 setvii AMC for Year 7 1 set 1.13 Documentation

Hard Copy 2 set (one at Bangalore and one at Pune)

Soft Copy 2 set (one at Bangalore and one at Pune)

1.14 Any other item required Bidder to specify and quote in

price bid


Note 1: MSAN Access Node HardwaresHardware hall be quoted as per the technical details in the tender.

Note 2: Bidder shall furnish the detailed Bill of Material (BOM) for each SOR item mentioned above. The detailed Bill of Material shall clearly mention all the components including quantities, constituting the SOR item. The priced Bill of Material shall be submitted in the envelope containing the price bid and unpriced Bill of Material shall be submitted in the envelope containing the techno-commercial part. There shall not be any difference in the items and quantities in the priced and the unpriced BOMs.

Note 3: All type of interfaces, on MSAN Hardware, shall be supplied on at least two cards mounted in different physical slots of chassis. Not more than 60% of the total interfaces on each MSAN Access Node rounded off to next higher integer shall be provisioned through one physical slot of chassis.

Note 5: The minimum amount of Installation & Commission charges for MSAN Access Node equipment to be taken for evaluation purpose shall be ……………7% of equipment cost (excluding duties and taxes CENVAT-able i.e net cost to BSNL). However ordering price will be arrived as per the actual quoted rates.

Note 7: The minimum amount of yearly AMC charges for MSAN Access Node to be taken for evaluation purpose shall be ………..7% of equipment cost (excluding duties and taxes CENVAT-able i.e net cost to BSNL). However, AMC ordering price will be arrived as per the actual quoted rates.

Note 9: As this is a turnkey project, the bidder must include and quote for all the required Hardware, Software, License and Subscription components required for the offered solution. For this purpose “any other item” shall be used. In case, the bidder does not include and quote for any required component and it is discovered later that this component is required to deliver the functional requirement of tender, then the bidder has to supply, install and configure that component free of cost.

Note 10: All components in the solution will have to be covered under one year on-site warranty and thereafter under Comprehensive AMC support for seven years. All updates ,version upgrades, subscription feeds, remote and on-site configuration support will have to be made available without any additional costs during the warranty period and the AMC period.

Note-11: Bidder shall study the existing network of BSNL and the various services integrated. For this purpose bidder shall contact office of CGM BBNW circle Netaji NagarPGM(NOC) Bangalore, New Delhi.


Section 4 Part AGENERAL INSTRUCTIONS TO BIDDERS (GIB)

1. DEFINITIONS:(a) “The Purchaser” means the CMD, Bharat Sanchar Nigam Ltd. (BSNL), New Delhi(b) “The Bidder” means the individual or firm who participates in this tender and submits

its bid.(c) “The Supplier” or “The Vendor” means the individual or firm supplying the goods

under the contract.(d) “The Goods” means all the equipment, machinery, and/or other materials which the

Supplier is required to supply to the Purchaser under the contract.(e) “The Advance Purchase Order” or “Letter of Intent” means the intention of

Purchaser to place the Purchase Order on the bidder.(f) “The Purchase Order” means the order placed by the Purchaser on the Supplier

signed by the Purchaser including all attachments and appendices thereto and all documents incorporated by reference therein. The purchase order shall be deemed as “Contract” appearing in the document.

(g) “The Contract Price” means the price payable to the Supplier under the purchase order for the full and proper performance of its contractual obligations.

(h) “Validation” is a process of testing the equipment as per the Generic Requirements in the specifications for use in BSNL network. Validation is carried out in simulated field environment and includes stability, reliability and environmental tests.

(i) “Telecom Service Provider” means any Telecom operator in India, who is licensed by the Department of Telecommunications (DOT), Government of India to provide telecom services to the general public or to the other DOT licensed Telecom operators.“Telecom Service Provider” also refers to any Telecom operator in other countries providing telecom services to general public of that country or to other telecom operators of the same country. In this tender, reference to TSP also cover Internet Service provider (ISP).

(j) “Successful bidder(s)” means the bidder(s) to whom work in this tender is awarded.2. ELIGIBILITY CRITERIA:2.1 Refer to Clause 4 of Detailed NIT (Section 1)3. COST OF BIDDING

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

4. DOCUMENTS REQUIRED 4.1 The goods required to be supplied; bidding procedures and contract terms and conditions

are prescribed in the Bid Documents. The contents of the Bid documents are specified in the covering letter.


4.2 The Bidder is expected to examine all instructions, forms, terms and specifications in the Bid Documents. Failure to furnish all information required as per the Bid Documents or submission of the bids not substantially responsive to the Bid Documents in every respect will be at the bidder’s risk and may result in rejection of the bid.

5. CLARIFICATION OF BID DOCUMENTS5.1 A prospective bidder, requiring any clarification on the Bid Documents shall notify the

Purchaser in writing i.e. by Email as well as by FAX to the Purchaser as indicated in the DNIT i.e. Section-1. The Purchaser shall respond in writing to any request for the clarification of the Bid Documents, which it receives21 days prior to the date of opening of the Tenders. Copies of the query (without identifying the source) and clarifications by the Purchaser shall be sent to all prospective bidders and shall also be uploaded on ETS portal, as addendum, for all the prospective bidders who have downloaded the official copy of tender documents from ETS portal.

5.2 The format in which the clarifications are to be sent via E-mail (soft copy in Excel format), on e-tender portal and FAX is as under:

S. No. Section Clause Page no. Brief Description of the clause

Bidder query

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

6. AMENDMENT OF BID DOCUMENTS6.1 At any time, prior to the date of submission of Bids, the Purchaser may, for any reason,

whether at its own initiative or in response to a clarification requested by a prospective bidder, modify bid documents by amendments.

6.2 The amendments shall be notified in writing through E-tender portal to all prospective bidders on the address intimated at the time of purchase of the bid document from the purchaser and these amendments will be binding on them.

6.3 In order to afford prospective bidders a reasonable time (min 7 days) to take the amendment into account in preparing their bids, the purchaser may, at its discretion, extend the deadline for the submission of bids suitably.

7. DOCUMENTS COMPRISING THE BIDThe bid prepared by the bidder shall ensure availability of the following components:a. Documentary evidence establishing that the bidder is eligible to bid and is

qualified to perform the contract if its bid is accepted in accordance with the clause 2 & 10.

b. Bid Security furnished in accordance with clause 12.c. A Clause by Clause compliance as per clause 11.2 (c)d. A Bid form and price schedule completed in accordance with clause 8 & 9.

8. BID FORMThe bidder shall complete the bid form and appropriate Price schedule furnished in the Bid documents, indicating the goods to be supplied, brief description of the goods, quantity and prices as per section-9.

9. BID PRICES9.1 The bidder shall give the total composite price inclusive of all Levies & Taxes i.e. Custom

Duty, Goods & Services Tax on packing, forwarding, freight and insurance etc. The of 184


basic unit price and all other components of the price need to be individually indicated up to two decimal points only against the goods it proposes to supply under the contract as per the price schedule given in Section 9 Part B(I&II). Prices of incidental services should also be quoted. The offer shall be firm in Indian Rupees. No Foreign exchange will be made available by the purchaser.

9.2 Prices indicated in the Price Schedule shall be entered in the following manner:i. The Basic Unit price (Ex-Factory Price) of the goods, CIF, Assesible Value, BCD,

Cesses, IGST, Freight, Forwarding, Packing, Insurance, GST( CGST, SGST, IGST) on Freight already paid or payable by the supplier shall be quoted separately item wise.”

ii. The supplier shall quote as per price schedule given in section 9 for all the items given in schedule of requirement.

9.3 A bid submitted with an adjustable price quotation will be treated as non - responsive and rejected.

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

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

9.6 The price approved by BSNL for procurement will be inclusive of levies and taxes, packing, forwarding, freight and insurance as mentioned in clause 9.1 subject to other terms and condition as stipulated in clause 22.2 of Section 4 Part A and clause 11 of Sec-5 Part A of Bid-document. Unloading charges at the consignee end shall be borne by the supplier and no separate charges shall be paid for transportation to individual sites for installation.

9.7 The freight by sea for transportation of equipment/Stores from the nearest port in the main land to Andaman & Nicobar Islands will be reimbursed to the supplier at the concessional rates levied by Ministry of Water and Surface Transport on production of proof.

10. DOCUMENTS ESTABLISHING BIDDER’S ELIGIBILITY AND QUALIFICATION10.1 The bidder shall furnish, as part of the bid documents establishing the bidder's

eligibility, the following documents or whichever is required as per terms and conditions of Bid Documents.a) Valid MSE Certificate, if applicable. In case the ownership of such MSE

Entrepreneurs happens to be from SC/ST category, proof in this regard also need to be submitted.

b) Type Approval Certificate given by Telecom Engineering Centre (TEC)/ TSEC issued by the Quality Assurance Circle of BSNL or proof of having applied for TSEC (copy of Form QF 103 be attached).(Not Applicable)

c) Inspection Certificate issued by BSNL (QA) for execution of educational/ Commercial Order.(Not Applicable)

d) Additional documents to establish the eligibility and qualification of bidder as specified in Section-I and Section-4 Part B.

e) Power of Attorney as per clause 14.3 (a) and (d) and authorization for executing the power of Attorney as per clause 14.3 (b) or (c).

f) Documentary proof of GST registration.g) Undertaking duly signed by front bidder and its technology/ consortium partner

stating that both of them shall be liable for due performance of the contract jointly and severally.(As per Consortium agreement Format)

h) Certificates from all Directors of the bidder stating that none of their near relatives of 184


are working in BSNL in accordance with clause 34.i) Certificate of incorporation.j) Article or Memorandum of Association or partnership deed or proprietorship deed

as the case may be.k) List of all Directors including their name(s), Director Identification Number(s) (DIN)

and address (es) along with contact telephone numbers of office and residence.l) Registration certificate from State Director of Industries or from Secretariat for

Industrial Assistance (SIA), Ministry of Industries, Government of India.m) Approval from Reserve Bank of India/ SIA in case of foreign collaboration.

10.2 Documentary evidence for financial and technical capabilitya) The bidder shall furnish audited Annual Report and /or a certificate from its bankers

to assess its solvency/financial capability.b) The bidder shall furnish documentary evidence about technical and production

capability necessary to perform the contract.

10.3 In order to enable the Purchaser to assess the proven-ness of the system offered, the bidder shall provide documentary evidence regarding the system being offered by him.

10.4 A signed undertaking from Authorized Signatory of the bidder that shall certify that all components/ parts/ assembly/ software used in the Desktops and Servers like Hard disk, Monitors, Memory etc. shall be original, new components/ parts/ assembly/ software and that no refurbished/ duplicate/ second hand components/ parts/ assembly/ software are being used or shall be used.

10.5 For supply of any software i.e. operating system or any applications software the bidder should submit a Certificate Of Authenticity (COA), signed by Authorized Signatory stating that all Software supplied are authentic and legal copy is/ are being supplied.

10.6 Documentary evidence/ Declaration to the effect that the type of software to be utilized in the system/ equipment i.e. Packaged/ Canned OR Customized shall be furnished by the bidder. In case of Packaged/ Canned, the portion of value which represents consideration paid or payable for transfer of right to use such goods subject to provisions laid down in Central Excise/Custom Notifications”.

11. DOCUMENTSESTABLISHINGGOOD’SCONFORMITYTOBID DOCUMENTS[11.1] P urs uant to c laus e 7, th e bidde r sha ll fu rnis h, a s pa r t of his bid, doc u men ts

es tabli sh ing the c onf or mit y o f hi s bi d to th e Bid Do c u men ts o f all goo ds a nd s erv ic es whic h he pr opos es to s up ply un der the c on trac tPurs uanttoc laus e7,th ebidde rsha llfu rnis h,a spa r tofhisbid,doc u men ts es tabli sh ingthec onf or mit yo fhi sbi dtoth eBidDo c u men tso fallgoo dsa nd s erv ic eswhic hhepr opos estos up plyun derthec on trac t.

[11.2] T he doc umenta r y ev id enc es of the “ goods and s erv ic es ” c o nfor mit y to the Bid Do c umen ts , ma y be , i n the fo r m of lit er ature, dr awi ngs , data e tc . an d the bid der s hal l fu r nis hThedoc umenta r yev id enc esofthe“ goodsands erv ic es ” c o nfor mit ytotheBid Do c umen ts ,ma ybe ,i nthefo r moflit er ature,dr awi ngs ,datae tc .an dthebid ders hal lfu r nis h:(a) A det ail ed descr i pti on of goods wit h e s s ential te c hn ic a l and p er for man ce

ch ar ac ter is tics Adet ail eddescr i pti onofgoodswit he s s entialte c hn ic a landp er for man ce c h ar ac ter is tics ;

(b) a list, giving full particulars including available sources and current prices of all spare parts, special tools, etc., necessary for the proper and continuous functioning of the goods for a period of three years following commencement of use of the goods by the purchaser, and

(c) a clause-by-clause compliance on the purchaser's Technical Specifications and of 184


Commercial Conditions demonstrating substantial responsiveness to the Technical Specifications and Commercial Conditions. In case of deviations, a statement of the deviations and exception to the provision of the Technical Specifications and Commercial Conditions shall be given by the bidder. A bid without clause-by-clause compliance of the Scope of Work, Technical Specifications, SOR (Section-3 Part A, B & C), General (Commercial) Conditions & Special (Commercial) Conditions, General Conditions of AMC (Section- 5 Part A, B & C) shall not be considered.

[11.3] F or th e pu r pos e o f c omp lia nc e to be fur nis hed p ursu ant to th e c lause 11. 2(c) abov e, the b idder s hal l no te th at th e s tan dar ds fo r the wo r kmans hi p, mater i al and eq uipmen t a nd r efer e nc e to th e b r and na me s o r c atal ogu e n umber , des ign ated by the Pur c has er i n i ts Te c hnic al s pec i fic atio ns ar e i nte nde d to be des cr ip tiv e only an d no t r es tr ic tiv eF orth epu r pos eo f comp lia nc etobefur nis hedp ursu anttoth ec lause11. 2(c)abov e,theb idders hal lno teth atth es ta n dar dsfo rthewo r kmans hi p,mater i aland eq uipmen ta nd r efer e nc eto th eb r andna me s o rc atal ogu en umber ,des ign atedbythePur c has eri ni tsTe c hnic als pec i fic atio nsar e i nte nde dtobedes cr ip tiv eonlyan dno tr es tr ic tiv e.

12. BID SECURITY/EMD 12.1 The bidder shall furnish, as part of its bid, a bid security as mentioned in Section-1(NIT).12.2 The MSE bidders are exempted from payment of bid security:

a. A proof regarding valid registration with body specified by Ministry of Micro, Small & Medium Enterprise for the tendered items will have to be attached along with the bid.

b. The enlistment certificate issued by MSME should be valid on the date of opening of tender.

c. MSE unit is required to submit its monthly delivery schedule.d. If a vender registered with body specified by Ministry of Micro, Small & Medium

Enterprise claiming concessional benefits is awarded work by BSNL and subsequently fails to obey any of the contractual obligations, he will be debarred from any further work/ contract by BSNL for one year from the date of issue of such order.

12.3 The bid security is required to protect the purchaser against the risk of bidder's conduct, which would warrant the forfeiture of bid security pursuant to Para 12.7.

12.4 A bid not secured in accordance with Para 12.1 & 12.2 shall be rejected by the Purchaser being non-responsive at the bid opening stage and archived unopened on e-tender portal for e-tenders and returned to the bidder unopened(for manual bidding process)

12.5 The bid security of the unsuccessful bidder will be discharged/ returned as promptly as possible and within 30 days of finalization of the tender or expiry of the period of the bid validity period prescribed by the purchaser pursuant to clause 13.

12.6 The successful bidder's bid security will be discharged upon the bidder's acceptance of the advance purchase order satisfactorily in accordance with clause 27 and furnishing the performance security, except in case of L-1 bidder, whose EMBG/EMD shall be released only after the finalization of ordering of complete tendered quantity in pursuance to clause no. 24.4 & 27.3 of this section.

12.7 The bid security may be forfeited:a. If the bidder withdraws or amends its bid or impairs or derogates from the bid in

any respect during the period of bid validity specified by the bidder in the bid form or extended subsequently; or

b. In the case of successful bidder, if the bidder fails to sign the contract in


accordance with clause 28;Note – the bidder shall mean individual company firm or the front bidder and its technology / consortium partner as applicable.

13. PERIOD OF VALIDITY OF BIDS 13.1 Bid shall remain valid for period specified in clause 2 of Tender information (Section -2)

from the date of opening of bids prescribed by the purchaser. A bid valid for a shorter period shall be rejected by the purchaser being non-responsive.

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

14. FORMAT AND SIGNING OF BID 14.1 The bidder shall submit his bid, online (in case of e-tendering) & through sealed

envelopes physically (in case of tenders with manual bidding process), complying all eligibility conditions, other terms and conditions of tender document to be read along with the clarifications and amendments issued in this respect. All the documents must be authenticated, using Digital Signature (in case of e-tendering) & by hand signatures (for manual bidding process), by the authorized person. The letter of authorization shall be indicated by written power-of-attorney accompanying the bid.Note:-The Purchaser may ask the bidder(s) to supply, besides original bid, additional copy of bids as required by him.

14.2 The bid shall contain no interlineations, erasures or overwriting except as necessary to correct errors made by the bidder in which case such corrections shall be signed by the person or persons signing the bid. All pages of the original bid, except for un-amended printed literatures, shall be digitally signed by the person or persons signing the bid.

14.3 Power of Attorneya. The power of Attorney should be submitted and executed on the non-judicial stamp

paper of appropriate value as prevailing in the concerned states(s) and the same be attested by a Notary public or registered before Sub-registrar of the state(s) concerned.

b. The power of Attorney be executed by a person who has been authorized by the Board of Directors of the bidder in this regard, on behalf of the Company/ institution/ Body corporate.

c. In case of the bidder being a firm, the said Power of Attorney should be executed by all the partner(s) in favour of the said Attorney.

d. For e-tender bid submission process, in case the representative of bidder company, who uploads the document on e-tender portal using his digital signature certificate (DSC), is different from the authorized signatory for the bid (power of attorney holder) then the representative who uploads the documents on e-tender portal using DSC issued in his name., shall also be made as one of the power of attorney holder by the bidder company, in addition to the authorized signatory for the bid.

15. SEALING AND MARKING OF BIDS: 15.1 The bid should be submitted as per Clause 3 of tender information.


15.2 The bids shall be called under Single Stage Bidding & Two Envelope System15.3 In Single stage bidding & two envelopes system, the bidder shall submit his bid in two

envelopes; The First envelope will be named as Techno-commercial bid. This envelope will contain documents of bidder’s satisfying the eligibility / Technical & commercial conditions as per clause 2 & 10 with Bid Security as per Clause 12. Second envelope will be named as Financial bid containing Price Schedules as per Section 9 Part B(I&II).

The cover of first envelope shall contain the ‘Original Copy’ of the Techno-commercial bid, subject to clause 14.2, duly marked 'TECHNO-COMMERCIAL BID '. The cover of second envelope shall contain the ‘Original Copy’ of the financial bid, subject to clause 14.2, duly marked ' FINANCIAL BID '.

Both the envelopes should be sealed separately and further kept in a single main envelope under the personal seal of the bidder.

15.4 a) The envelopes shall be addressed to the purchaser inviting the tender.i) In case of tenders invited by MMT section of BSNL CO, the Purchaser Address shall be: DGM (MMT), Bharat Sanchar Nigam Limited (Corporate Office),

2nd Floor, Bharat Sanchar Bhawan, Janpath, New Delhi-110001.ii) In case of tenders invited from other section of BSNL CO./ Circles/ SSA of BSNL, the

Purchaser Address shall be specified by the purchaser inviting the tender of concerned Circle/ SSA.

b) The envelope shall bear the name of the tender, the tender number and the words 'DO NOT OPEN BEFORE' (due date & time).

c) The inner and outer envelopes shall indicate the name and complete postal address of the bidder to enable the purchaser to return the bid unopened in case it is declared to be received 'late'.

d) Tender should be deposited in the tender box provided by tendering authority or sent by registered post or delivered in person on above mentioned address (address is given in Clause 15.2 (a) above). The responsibility for ensuring that the tenders are delivered in time would vest with the bidder.

e) Bids delivered in person on the day of tender opening shall be delivered upto specified time & date as stated in NIT to Section Officer (MMT) [in case of tenders invited by MMT section of BSNL C.O.] / concerned officer to be specified by tendering authority [In case of tenders invited from other units of BSNL CO./ Circles/ SSA of BSNL] at the venue (address is given in clause 15.2 (a) above). The purchaser shall not be responsible if the bids are delivered elsewhere.

f) Venue of Tender Opening: (i) In case of Tenders invited by MMT section of BSNL, C.O., tenders will be opened in

Meeting Room, 2nd Floor, Bharat Sanchar Bhawan, Janpath, New Delhi-110001 at specified time & date as stated in NIT.

(ii) In case of tenders invited from other units of BSNL CO./ Circles / SSA of BSNL, the details of Venue shall be specified by the purchaser inviting the tender of concerned Circle/ SSA .If due to administrative reasons, the venue of Bid opening is changed, it will be displayed prominently on Meeting Room, 2nd Floor, Bharat Sanchar Bhawan and notice board on 2nd Floor, Bharat Sanchar Bhawan) [in case of tenders invited by MMT section of BSNL C.O.] & at a place notified by other section of BSNL CO./


Circle/SSA[In case of tenders invited from other sections of BSNL CO./ Circles/ SSA of BSNL].

15.5 If both the envelopes are not sealed and marked as required at Para 15.1 and 15.2, the bid shall be rejected.

16. SUBMISSION OF BIDS16.1 Bids must be submitted online by the bidders as per instructions in Section 4 Part B not

later than the specified date & time indicated in the covering letter.16.2 The Purchaser may, at its discretion, extend this deadline for the submission of bids by

amending the Bid Documents in accordance with clause 6 in which case all rights and obligations of the purchaser and bidders previously subject to the deadline will thereafter be subjected to the deadline as extended.

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

17. LATE BIDSNo bid shall be accepted online by the Electronic Tender System® (ETS) after the specified deadline for submission of bids prescribed by the purchaser.

18. MODIFICATION AND WITHDRAWAL OF BIDS18.1 The bidder may modify, revise or withdraw his bid after submission prior to deadline

prescribed for submission of bid. 18.2 The bidder’s modification, revision or withdrawal shall have to be online and digitally

authenticated as per clause 15. 18.3 No bid shall be allowed for modification subsequent to the deadline for submission of

bids.E. BID OPENING AND EVALUATION19. OPENING OF BIDS BY PURCHASER 19.1 The purchaser shall open bids online (in case of e-Tenders) or physically (in case of

manual bidding process) in the presence of the authorized representatives of bidders online (in case of e-Tenders) or physically present (in case of e-Tenders as well as manual bidding process) who chose to attend, at time & date specified in Clause 7 of D NIT(Section-1) on due date. The bidder's representatives, who are present, shall sign in an attendance register. Authority letter to this effect shall be submitted by the authorized representatives of bidders before they are allowed to participate in bid opening.

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

19.3 Name of envelopes to be opened & information to be read out by Bid Opening Committee

(i) In Single stage bidding & two envelopes system; the bids will be opened in 2 stages i.e. the techno-commercial bid shall be opened on the date of tender opening given in NIT. The financial bid will not be opened on the Date of opening of techno commercial bids in this case & sealed financial bids will be handed over to DGM (MMT), BSNL, CO./ Other section in BSNL, CO./ ‘MM’ cell in circle/ SSA


offices (as applicable) for retention.

Thereafter the CET will evaluate Techno-commercial bids & the report of CET will be approved by competent authority.

The financial bids of those bidders who are approved to be techno-commercially compliant by the competent authority, will be opened by TOC in front of techno commercially eligible bidders/ authorized representatives by sending them a suitable notice.

(ii) The following information should be read out at the time of Techno-commercial bid opening:- a) Name of the Bidder b) Name of the itemc) EMD amount & validity and acceptabilityd) Information in respect of eligibility of the bidder.e) Details of bid modification/ withdrawal, if applicable.

(iii) The following information should be read out at the time of Financial bid opening:- a) Name of the Bidder b) Name of the item c) Quantities/prices quoted in the bid d) Discount, if offerede) Taxes & levies

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

20. CLARIFICATION OF BIDS20.1 To assist in the examination, evaluation and comparison of bids, the purchaser may, at

its discretion ask the bidder for the clarification of its bid. The request for the clarification and the response shall be in writing. However, no post bid clarification at the initiative of the bidder shall be entertained.

20.2 If any of the document required to be submitted along with the technical bid is found wanting, the offer is liable to be rejected at that stage. However, the purchaser at its discretion may call for any clarification regarding the bid document within the stipulated time period. In case of non-compliance to such queries, the bid will be outrightly rejected without entertaining any further correspondence in this regard.

21. PRELIMINARY EVALUATION21.1 Purchaser shall evaluate the bids to determine whether they are complete, whether any

computational errors have been made, whether required sureties have been furnished, whether the documents have been properly signed and whether the bids are generally in order.

21.2 Arithmetical errors shall be rectified on the following basis. Based on the quoted percentage of duties and taxes, Freight etc. the amounts quoted thereof shall be worked out and rounded off to 2 decimal points. In case the unit price quoted in column 12 does not tally with its breakup quoted in col. 4, 6, 8, 10 & 11, the same shall be corrected by summing up the breakups. If there is a discrepancy between the unit price and total price that is obtained by multiplying the unit price and quantity, the unit price shall prevail and the total price shall be corrected by the purchaser.


21.3 If there is a discrepancy between words and figures, the amount in words shall prevail. If the supplier does not accept the correction of the errors, its bid shall be rejected.

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

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

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

22. EVALUATION AND COMPARISON OF SUBSTANTIALLY RESPONSIVE BIDS22.1 The Purchaser shall evaluate in detail and compare the bids previously determined to

be substantially responsive pursuant to clause 21.22.2 The evaluation and comparison of responsive bids shall be done on the basis of Net cost

to BSNL on the prices of the goods offered along with all applicable Taxes, packing Forwarding Freight & Insurance charges etc. as arrived in Col. 16 of Price schedule in Section 9 Part-B Part-I (Indigenous items) and Col 22 of Price schedule in Section 9 Part-B Part-II (Imported items) of the Bid-document after arithmetical correction in the manner laid down in clause 21.2 above but excluding taxes which are creditable to BSNL. Further, the bidder is also required to mention the taxes(if any) applicable on the movement of Goods.

a) Duties, taxes & Cesses for which the firm has to furnish GST Challans / Tax Invoices will be indicated separately in the PO / APO.

b) Suppliers should furnish the correct HSN / SAC classification /Customs tariff Head in the price Schedule. If the credit for the Duties, Taxes and Cesses under provision/ rules under GST law is found to be not admissible at any stage subsequently owing to wrong furnishing of Tariff Head, then the suppliers will be liable to refund such non-admissible amount, if already paid, along with penalty and interest if charged by the concerned authority.

c) In case the Duties ,Taxes and Cesses which are not eligible for input tax credit as per the quotes indicated in the price schedule by the suppliers and subsequently at any stage it is found that Credit for such Duties ,Taxes and Cesses is admissible as per provision of GST law, then the suppliers will be liable to refund the amount equivalent of such Duties ,Taxes and Cesses if already paid to them provided the credit can be claimed within the time prescribed under the applicable legislation and BSNL has all documents to claim such credit. The refund is also subject to the bidder performing necessary act for enabling BSNL to claim the credit viz. upload the information on GSTN. However, the purchaser may allow the supplier to submit necessary documents in this regard which may enable the purchaser to avail the input tax credit provided such credit is still available for the amount so paid as per provision of GST law.

d) The purchaser reserves the right to ask the bidders to submit documentary proof confirming the correct HSN or SAC classification/ Customs Tariff Head from the


CGST/SGST/IGST officer or Customs authority where the HSN or SAC classification/ Customs Tariff Head furnished against the particular tendered item by different bidders, differs from each other or the same is found apparently not furnished in accordance with GST Act/Customs Tariff notifications.

e) If the supplier fails to furnish necessary supporting documents i.e. Tax invoices / Customs invoices etc. in respect of the Duties, Taxes and Cesses which are eligible for input tax credit, the amount pertaining to such Duties, Taxes and Cesses will be deducted from the payment due to the firm

f) If the supplier fails to perform necessary compliances which would any manner restrict BSNL to claim input tax credit, then the amount pertaining to such Duties, Taxes and Cesses will be deducted from the payment due to the supplier.

g) If the supplier does not disclose the correct details on the invoice or on the GSTN viz. GSTIN, Place of Supply, etc. which restricts BSNL to claim input tax credit, then the amount pertaining to such Duties, Taxes and Cesses will be deducted from the payment due to the supplier.”

23. CONTACTING THE PURCHASER 23.1 Subject to Clause 20, no bidder shall try to influence the Purchaser on any matter

relating to its bid, from the time of the bid opening till the time the contract is awarded.23.2 Any effort by a bidder to modify his bid or influence the purchaser in the purchaser’s

bid evaluation, bid comparison or contract award decision shall result in the rejection of the bid.

24. PLACEMENT OF ORDER24.1 The Purchaser shall consider placement of orders for commercial supplies only on those

eligible bidders whose offers have been found technically, commercially and financially acceptable and whose goods have been type approved/ validated by the purchaser. The Purchaser reserves the right to counter offer price(s) against price(s) quoted by any bidder.

24.2 The ordering price of any bidder shall not exceed the lowest evaluated package price. However, at a later stage if there is any increase in Govt. duties/taxes within scheduled delivery date (SDD), the unit prices with applicable revised duties/taxes will be paid to suppliers irrespective of their ranking viz.L1/ L2/ L3 …..etc. keeping other levies & charges unchanged.

25. PURCHASER’S RIGHT TO VARY QUANTITIES 25.1 BSNL reserves the right to increase or decrease up to 25% of the quantity of goods and

services specified in the schedule of requirements without any change in the unit price or other terms and conditions at the time of award of contract.

25.2 BSNL also reserves the right for placement of additional order or up to 50% of the additional quantities of goods and services contained in the running tender/ contract within a period of twelve months from the date of acceptance of first APO in the tender at the same rate or a rate negotiated (downwardly) with the existing venders considering the reasonability of rates based on prevailing market conditions and the impact of reduction in duties and taxes etc and supplies to be obtained within delivery period scheduled afresh.

25.3 In exceptional situation where the requirement is of an emergent nature and it is necessary to ensure continued supplies from the existing venders, the purchaser


reserves the right to place repeat order up to 100% of the quantities of goods and services contained in the running tender /contract within a period of twelve months from the date of acceptance of first APO in the tender at the same rate or a rate negotiated (downwardly) with the existing venders considering the reasonability of rates based on prevailing market conditions and the impact of reduction in duties and taxes etc. Exceptional situation and emergent nature should be spelt out clearly detailing the justification as well as benefits accrued out of it and loss incurred in case this provision is not invoked and approved by the authority competent to accord administrative and financial approval for the procurement calculated on the basis of total procurement i.e. initial and proposed add-on quantity

26. PURCHASER’S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDSThe Purchaser reserves the right to accept or reject any bid, and to annul the bidding process and reject all bids, at any time prior to award of contract without assigning any reason whatsoever and without thereby incurring any liability to the affected bidder or bidders on the grounds of purchaser’s action.

27. ISSUE OF ADVANCE PURCHASE ORDER27.1 The issue of an Advance Purchase Order shall constitute the intention of the Purchaser

to enter into contract with the bidder.27.2 The bidder shall within 14 days of issue of the advance purchase order, give its

acceptance along with performance security in conformity with the proforma provided with the bid document at Section-7C.

28. SIGNING OF CONTRACT28.1 The issue of Purchase order shall constitute the award of contract on the bidder.28.2 Upon the successful bidder furnishing performance security pursuant to clause 27, the

Purchaser shall discharge the bid security in pursuant to clause 12.29. ANNULMENT OF AWARD

Failure of the successful bidder to comply with the requirement of clause 28 shall constitute sufficient ground for the annulment of the award and the forfeiture of the bid security in which event the Purchaser may make the award to any other bidder at the discretion of the purchaser or call for new bids.

30. QUALITY ASSURANCE REQUIREMENTS The supplier shall have Quality Management System supported and evidenced by the

following:a) A Quality Policy.b) A management representative with authority and responsibility for fulfilling QA

requirements and for interfacing with purchaser in the matters of Quality. c) Procedure for controlling design/ production engineering, materials, choice of

components/vendors, manufacturing and packaging process for supplying quality products.

(d) System of Inward Good Inspection.(e) System to calibrate and maintain required measuring and test equipment.(f) System for tracing the cause for non-conformance (traceability) and segregating

product which don't conform to specifications.(g) Configuration management and change-control mechanism.


(h) A quality plan for the product. (i) Periodical internal quality audits.(j) A 'Quality Manual' detailing the above Or infrastructure assessment certificate

and Type Approval Certificate (TAC)/ Technical Specifications Evaluation Certificate (TSEC) issued by "QA Circle" shall be furnished.

31. REJECTION OF BIDS31.1 While all the conditions specified in the Bid documents are critical and are to be

complied, special attention of bidder is invited to the following clauses of the bid documents. Non-compliance of any one of these shall result in outright rejection of the bid.a. Clauses 12.1, 12.2 & 13.1 of Section- 4 Part A: The bids will be rejected at

opening stage if Bid security is not submitted as per Clauses 12.1 & 12.2 and bid validity is less than the period prescribed in Clause 13.1 mentioned above.

b. Clause 2 & 10 of Section-4Part A: If the eligibility condition as per clause 2 of Section 4 Part A is not met and/ or documents prescribed to establish the eligibility as per Clause 10 of section 4 Part A are not enclosed, the bids will be rejected without further evaluation.

c. Clause 11.2 (c) of Section-4 Part A: If clause-by-clause compliance as well as deviation statements as prescribed are not given, the bid will be rejected at the stage of primary evaluation.

d. While giving compliance to Section-5 Part A, General Commercial conditions, Section-4 Part B, Special Instructions to Bidders, Section-5B Special (Commercial) Conditions of Contract and Section-3 Technical Specifications ambiguous words like "Noted", "Understood", “Noted & Understood" shall not be accepted as complied. Mere "Complied" will also be not sufficient, reference to the enclosed documents showing compliances must be given.

e. Section-9 Price Schedule: Prices are not filled in as prescribed in price schedule.f. Section-4 Part A clause 9.5 on discount which is reproduced below:- "Discount, if

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

31.2 Before outright rejection of the Bid by Bid-opening team for non-compliance of any of the provisions mentioned in clause 31.1(a), 31.1(b) of Section-4PartA, the bidder company is given opportunity to explain their position, however if the person representing the company is not satisfied with the decision of the Bid opening team, he/they can submit the representation to the Bid opening team immediately but in no case after closing of the tender process with full justification quoting specifically the violation of tender condition if any.

31.3 Bid opening team will not return the bids submitted by the bidders on the date of tender opening even if it is liable for rejection and will preserve the bids in sealed cover as submitted by taking the signatures of some of the desirous representatives of the participating bidder/companies present on the occasion.

31.4 The in-charge of Bid opening team will mention the number of bids with the name of the company found unsuitable for further processing on the date of tender opening and number of representations received in Bid opening Minutes and if Bid opening team is


satisfied with the argument of the bidder/company mentioned in their representation and feel that there is prima-facie fact for consideration, the in-charge of the bid opening team will submit the case for review to Officer competent to approve the tender as early as possible preferably on next working day and decision to this effect should be communicated to the bidder company within a week positively. Bids found liable for rejection and kept preserved on the date of tender opening will be returned to the bidders after issue of P.O. against the instant tender.

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

32. ACTION BY PURCHASER AGAINST BIDDER(S)/ VENDOR(S) IN CASE OF DEFAULT.In case of default by Bidder(s)/ Vendor(s) such as

a)Does not supply the equipment in time;b)Equipment does not perform satisfactory in the field in accordance with the

specifications;c) Or any other default whose complete list is enclosed in Appendix-1.

Purchaser will take action as specified in Appendix-1 of this section.

33. Near Relationship Certificate:33.1 The bidder should give a certificate that none of his/her near relative is working in the

units as defined below where he is going to apply for the tender. In case of proprietorship firm, certificate will be given by the proprietor. For partnership firm, certificate will be given by all the partners. In case of Limited Company, certificate will be given by all the Directors of the company excluding Government of India/Financial institution nominees and independent non-Official part time Directors appointed by Govt. of India or the Governor of the state and full time Directors of PSUs both state and central. Due to any breach of these conditions by the company or firm or any other person the tender will be cancelled and Bid Security will be forfeited at any stage whenever it is noticed and BSNL will not pay any damage to the company or firm or the concerned person.

33.2 The company or firm or the person will also be debarred for further participation in the concerned unit.

33.3 The near relatives for this purpose are defined as:-(a) Members of a Hindu undivided family.(b) They are husband and wife.(c) The one is related to the other in the manner as father, mother, son(s) & Son’s

wife (daughter in law), Daughter(s) and daughter’s husband (son in law), brother(s) and brother’s wife, sister(s) and sister’s husband (brother in law).

33.4 Please refer to the Performa enclosed in Section 6 Part(B).34. Verification of Document and Certificates

The bidder will ensure that all the documents and certificates, including experience/ performance and self certificates submitted by him are correct and genuine before enclosing them in the bid. The onus of proving genuineness of the submitted documents would rest with the bidder. If any document/ paper/ certificate submitted by the participant bidder is found / discovered to be false / fabricated / tempered / manipulated either during bid


evaluation or during award of contract or thereafter, then the Purchaser will take action as per Clause-1 of Appendix-1 of this section.

35. Security Clause as per latest guidelines and requirementMandatory Licensing requirements with regards to security related concerns issued by the Government of India from time-to-time shall be strictly followed and appropriate clauses shall be added in all bid documents. Necessary guidelines in this regard shall be issued separately.

Appendix-1 to Section 4 Part A

S. No.

Defaults of the bidder / vendor. Action to be taken

A B C1(a) Submitting fake / forged i) Rejection of tender bid of respective

Vendor. ii) Banning of business for 3 years which implies barring further dealing with the vendor for procurement of Goods & Services including participation in future tenders invited by BSNL for 3 years from date of issue of banning order. iii) Termination/ Short Closure of PO/WO, if issued. This implies non-acceptance of further supplies / work & services except to make the already received material work/ complete work in hand.

a) Bank Instruments with the bid to meet terms & condition of tender in respect of tender fee and/ or EMD;

b) Certificate for claiming exemption in respect of tender fee and/ or EMD;

and detection of default at any stage from receipt of bids till award of APO/ issue of PO/WO.Note 1:- However, in this case the performance guarantee if alright will not be

forfeited.Note 2:- Payment for already received supplies/ completed work shall be made as

per terms & conditions of PO/ WO.

1(b) Submitting fake / forged documents towards meeting eligibility criteria such as experience capability, supply proof, registration with Goods and Services Tax, Income Tax departments etc and as supporting documents towards other terms & conditions with the bid to meet terms & condition of tender:

(i) If detection of default is prior to award of APO

i) Rejection of Bid & ii) Forfeiture of EMD.

(ii) If detection of default after issue of APO but before receipt of PG/ SD (DD,BG etc.)

i) Cancellation of APO , ii) Rejection of Bid & iii) Forfeiture of EMD.


1(b) contd.

(iii) If detection of default after receipt of PG/ SD (DD,BG etc.) .

i) Cancellation of APO ii) Rejection of Bid & iii) Forfeiture of PG/ SD. However on realization of PG/ SD amount, EMD, if not already released shall be returned.

(iv) If detection of default after issue of PO/ WO

i) Termination/ Short Closure of PO/WO and Cancellation of APO ii) Rejection of Bid & iii) Forfeiture of PG/ SD. However on realization of PG/ SD amount, EMD, if not released shall be returned.

Note 3:- However, settle bills for the material received in correct quantity and quality if pending items do not affect working or use of supplied items.

Note 4:- No further supplies are to be accepted except that required to make the already supplied items work.

2 If vendor or his representative uses violent/ coercive means viz. Physical / Verbal means to threatens BSNL Executive / employees and/ or obstruct him from functioning in discharge of his duties & responsibilities for the following : Banning of business for 3 years which

implies Barring further dealing with the vendor for procurement of Goods & Services including participation in future tenders invited by BSNL for 3 years from date of issue of banning order.

a) Obstructing functioning of tender opening executives of BSNL in receipt/ opening of tender bids from prospective Bidders, suppliers/ Contractors.

b) Obstructing/ Threatening other prospective bidders i.e. suppliers/ Contractors from entering the tender venue and/ or submitting their tender bid freely.

3 Non-receipt of acceptance of APO/ AWO and SD/ PG by L-1 bidder within time period specified in APO/ AWO.

Forfeiture of EMD.

4.1 Failure to supply and/ or Commission the equipment and /or execution of the work at all even in extended delivery schedules, if granted against PO/ WO.

i) Termination of PO/ WO. ii) Under take purchase/ work at the risk & cost of defaulting vendor. iii) Recover the excess charges if incurred from the PG/ SD and outstanding bills of the defaulting Vendor.

4.2 Failure to supply and/ or Commission the equipment and /or execution of the Work in full even in extended delivery schedules, if granted against PO/ WO.

i) Short Closure of PO/ WO to the quantity already received by and/ or commissioned in BSNL and/ or in pipeline provided the same is usable and/or the Vendor promises to make it usable.


ii) Under take purchase/ work for balance quantity at the risk & cost of defaulting vendor. iii) Recover the excess charges if incurred from the PG/ SD and outstanding bills of the defaulting Vendor.

5.1 The supplied equipment does not perform satisfactory in the field in accordance with the specifications mentioned in the PO/ WO/Contract.

i) If the material is not at all acceptable, then return the non-acceptable material (or its part) & recover its cost, if paid, from the o/s bills/ PG/ SD. OR ii) If the material is inducted in network & it is not possible to return it and/ or material is acceptable with degraded performance, the purchaser may determine the price for degraded equipment (Financial penalty = Price – price determined for degraded equipment) himself and/ or through a committee. Undertake recovery of financial penalty from outstanding dues of vendor including PG/ SD.

5.2 Major quality problems (as established by a joint team / committee of User unit(s) and QA Circle) / performance problems and non-rectification of defects (based on reports of field units and QA circle).

i) If the material is not at all acceptable, then return the non-acceptable material (or its part) & recover its cost, if paid, from the o/s bills/ PG/ SD; OR ii) If the material is inducted in network & it is not possible to return it and/ or material is acceptable with degraded performance, the purchaser may determine the price for degraded equipment (Financial penalty = Price – price determined for degraded equipment) himself and/ or through a committee. Undertake recovery of financial penalty from outstanding dues of vendor including PG/ SD; and iii) Withdrawal of TSEC/ IA issued by QA Circle.

6 Submission of claims to BSNL against a contract

i) Recovery of over payment from the outstanding dues of Vendor including EMD/ PG & SD etc. and by invoking ‘Set off’ clause 21 of Section 5 Part A or by any other legal tenable manner. ii) Banning of Business for 3 years from date of issue of banning order or till the date of recovery of over payment in full, whichever is later.

(a) for amount already paid by BSNL .(b) for Quantity in excess of that supplied by Vendor to BSNL.

c) for unit rate and/ or amount higher than that approved by BSNL for that purchase.Note 5:- The claims may be submitted with or without collusion of BSNL

Executive/ employees.Note 6:- This penalty will be imposed irrespective of the fact that payment is

disbursed by BSNL or not.


7 Network Security/ Safety/ Privacy:- If the vendor tampers with the hardware, software/ firmware or in any other way that

i) Termination of PO/ WO. ii) Banning of business for 3 years which implies barring further dealing with the vendor for procurement of Goods & Services including participation in future tenders invited by BSNL for 3 years from date of issue of banning order. iii) Recovery of any loss incurred on this account from the Vendor from its PG/ SD/ O/s bills etc. iv) Legal action will be initiated by BSNL against the Vendor if required.

a) Adversely affects the normal working of BSNL equipment(s) and/ or any other TSP through BSNL.

b) Disrupts/ Sabotages functioning of the BSNL network equipments such as exchanges, BTS, BSC/ MSC, Control equipment including IN etc., transmission equipments but not limited to these elements and/ or any other TSP through BSNL.

c) tampers with the billing related data/ invoicing/ account of the Customer/ User(s) of BSNL and/ or any other TSP(s).

d) hacks the account of BSNL Customer for unauthorized use i.e. to threaten others/ spread improper news etc.

e) Undertakes any action that affects/ endangers the security of India.

8 If the vendor is declared bankrupt or insolvent or its financial position has become unsound and in case of a limited company, if it is wound up or it is liquidated.

i) Termination/ Short Closure of the PO/ WO. ii) Settle bills for the quantity received in correct quantity and quality if pending items do not affect working or use of supplied items. iii) No further supplies are to be accepted except that required to make the already supplied items work. iv) In case of turnkey projects, If the material is commissioned and is usable without any degradation of performance, then settle bills for the acceptable equipment/ material (or its part). v) In case of turnkey projects, if the material is inducted in network & it is not possible to return it and/ or material is acceptable with degraded performance, the purchaser may determine the price for degraded equipment (Financial penalty = Price – price determined for degraded equipment) himself and/ or through a committee. Undertake recovery of financial penalty from outstanding dues of vendor including PG/ SD.

9 In the event of the vendor, its proprietor, Director(s), partner(s) is / are convicted by a Court of Law following prosecution for offences involving moral turpitude in relation to the business dealings.

i) Termination/ Short Closure of the PO/ WO. ii) Settle bills for the material received in correct quantity and quality if pending items do not affect working or use of supplied items.


iii) No further supplies are to be accepted except that required to make the already supplied items work. iv) In case of turnkey projects, If the material is commissioned and is usable without any degradation of performance, then settle bills for the acceptable equipment/ material (or its part). v) In case of turnkey projects, If the material is inducted in network & it is not possible to return it and/ or material is acceptable with degraded performance, the purchaser may determine the price for degraded equipment (Financial penalty = Price – price determined for degraded equipment) himself and/ or through a committee. Undertake recovery of financial penalty from outstanding dues of vendor including PG/ SD.

10

If the vendor does not return/ refuses to return BSNL’s dues:

i) Take action to appoint Arbitrator to adjudicate the dispute.

a) inspite of order of Arbitrator. i) Termination of contract, if any. ii) Banning of business for 3 years which implies barring further dealing with the vendor for procurement of Goods & Services including participation in future tenders invited by BSNL from date of issue of banning order or till the date by which vendor clears the BSNL’s dues, whichever is later. iii) Take legal recourse i.e. filing recovery suite in appropriate court.

b) inspite of Court Orders. i) Termination of contract, if any. ii) Banning of business for 3 years which implies barring further dealing with the vendor for procurement of Goods & Services including participation in future tenders invited by BSNL from date of issue of banning order or till the date by which vendor clears the BSNL’s dues, whichever is later.

11 If the Central Bureau of Investigation/ Independent External Monitor (IEM) / Income Tax/Goods and Services Tax / Custom Departments recommends such a course

Take Action as per the directions of CBI or concerned department.

12 The following cases may also be considered for Banning of business:(a) If there is strong justification for believing that the proprietor, manager, MD, Director, partner, employee or


representative of the vendor/ supplier has been guilty of malpractices such as bribery, corruption, fraud, substitution of tenders, interpolation, misrepresentation with respect to the contract in question.

i) Banning of business for 3 years which implies Barring further dealing with the vendor for procurement of Goods & Services including participation in future tenders invited by BSNL for 3 years from date of issue of banning order.

(b) If the vendor/ supplier fails to execute a contract or fails to execute it satisfactorily beyond the provisions of Para 4.1 & 4.2.

(c) If the vendor/ supplier fails to submit required documents/ information, where required.

(d) Any other ground which in the opinion of BSNL is just and proper to order for banning of business dealing with a vendor/ supplier.

Note 7: The above penalties will be imposed provided it does not clash with the provision of the respective tender.

Note 8:-In case of clash between these guidelines & provision of invited tender, the provision in the respective tender shall prevail over these guidelines.

Note 9: Banning of Business dealing order shall not have any effect on the existing/ ongoing works/ AMC / CAMC which will continue along with settlement of Bills.


Section 4 Part B

SPECIAL INSTRUCTIONS TO BIDDERS

The Special Instructions to Bidders shall supplement the 'Instructions to Bidders' and in case of any conflict with those in Section-4 Part A i.e. GENERAL INSTRUCTIONS TO BIDDERS (GIB), the provisions herein shall prevail.

1. Eligibility Conditions: As per Para 4 of DNIT.

2. Bid Security2.1 The bank guarantee/DD for bid security or Micro & Small Enterprise (MSE) registration

certificate for claiming exemption from submission of bid security, as prescribed in clauses 12.1 & 12.2 of Section-4 A of the bid document should be submitted by the bidder in a separate cover. The bank guarantee/DD so submitted shall be as per the format given in Section-7 B on prescribed judicial paper with stamps of proper value and should contain full address of the issuing branch of the bank with its telephone number and FAX number.

3. Distribution of Quantity

3.1 The quantity envisaged in the tender document shall be allotted L1 Bidder only.

4. Operation and Management4.1 Bidder after successful installation and commissioning of Network bidder shall be

responsible for its operations and management for a period of two years from the date of successful installation and commissioning. The Operation & Management of Network shall include interalia all activities and processes which are equipment specific; and overall operations, like performance management, security management, configuration management, network and systems administration, data-base administration, fault management.


4.2 The Operation & Management shall be carried out from NOC locations.4.3 The Operation & Management shall include but not be limited to the following:

i. Network Operations & Management - Full operations and management of all nodes covering all hardware, software, configuration and integration including framing policies and guidelines for operations and management under this contract for all nodes.

ii. System! Applications Administrationiii. Database Administrationiv. Help desk support to field unitsv. Regular testing of all the Network services from customers' point of viewvi. Security Managementvii. Imparting on-the-job training to BSNL officersviii. Submission of Performance Reports to BSNL

4.4 Any other activity or equipment, which is not explicitly covered in this document but is essential, as part of the operations and management of ISP network shall also be performed by the successful bidder. In case of any dispute in this regard, decision of BSNL shall prevail.

5. Tender Evaluation

5.1 The evaluation methodology is as per Section- 4 Part A clause-21 & 22 of the Tender Document. Further, the Bid shall be evaluated as a package quoted by the Bidders for various equipments, services, AMC cost etc.

5.2 The price of various components detailed in the SoR shall be evaluated. All those items which respective Bidders consider essential for commissioning of the project and have not been indicated in SOR items shall be quoted by the bidder under the heading “any other item” in the price schedule. It is the responsibility of Bidder to indicate the quantities to be ordered for the project execution and it shall also form part of evaluation of total package.

5.3 Evaluation of the cost of AMC:

i. The bidder shall quote Comprehensive AMC Charges for each year in the price bid.

[ii.] The minimum amount of yearly AMC charges for MSANequipment which shall be taken for evaluation purpose shall be ………..7% of equipment cost (i.e excluding input tax credit under GST i.e. net cost to BSNL). However ordering price will be arrived as per the actual quoted rates.

[iii.] The minimum amount of yearly AMC chargesfor CPEs which shall be taken for evaluation purpose shall be ………. of equipment cost (i.e excluding input tax credit under GST i.e. net cost to BSNL). However ordering price will be arrived as per the actual quoted rates

[iv.] AMC charges shall be considered in evaluation of price bid, by applying a discounted rate of 12% per year to arrive at the NPV (Net Present Value).

ii.[v.] Since the AMC is to be entered at the end of warranty period of one year, the calculation for NPV of AMC shall be done as follows:

Net Present Value (NPV) of AMC for equipments= Quoted rates for AMC for 1st year / (1.12)2 + Quoted rates for AMC for 2nd year / (1.12)3 + Quoted rates for AMC for 3rd year / (1.12)4 + Quoted rates for AMC for 4th year / (1.12)5 + Quoted rates for AMC for 5th year / (1.12)6 + Quoted rates for AMC for 6th year / (1.12)7 + Quoted rates for AMC for 7th year / (1.12)8


5.4 Evaluation of Installation and Commissioning –

[5.4.1] The minimum amount of Installation & Commission charges for MSAN which shall be taken for evaluation purpose shall be ………. 7% of equipment (i.e excluding input tax credit under GST i.e. net cost to BSNL). However ordering price will be arrived as per the actual quoted rates.

[5.4.2] In case the bidder quotes Installation and Commissioning cost of MSAN less than …………..7% then the corresponding shortfall amount shall be adjusted (retained) from the delivery payment against equipment cost and shall be paid (released) along with installation and commissioning.

5.5 Evaluation of Operation and Management:

[a)] The bidder shall quote for the O&M charges for 2 years (4 man-months for two year). Cost of O&M shall be taken for evaluation calculated to the present value at a discounted rate of 12% per annum similar to the method adopted for AMC.

Net Present Value (NPV) of O & M for equipments= Quoted rates for O&M for 1st year / (1.12)1 + Quoted rates for O&M for 2nd year /

(1.12)2


Section 4 Part C

SPECIAL INSTRUCTIONS TO BIDDERS for E-tendering

1. General1.1 The Special Instructions (for e-Tendering) supplement ‘Instruction to Bidders’, as given

in these Tender Documents. Submission of Online Bids is mandatory for this Tender.1.2 E-Tendering is a new methodology for conducting Public Procurement in a secured

manner. Suppliers/ Vendors will be the biggest beneficiaries of this new system of procurement. For conducting electronic tendering, BSNL has decided to use the portal (https://www.tcil-india-electronictender.com) of M/s TCIL, a Government of India Undertaking.

1.3 Benefits to Suppliers are outlined on the Home-page of the portal.2. Instructions2.1 Tender Bidding Methodology: – ‘Single Stage Bidding, Two stage opening using –

Two Electronic Envelopes’.3. Broad outline of activities from Bidders’ prospective:3.1 Procure a Digital Signing Certificate (DSC)3.2 Register on Electronic Tendering System® (ETS) 3.3 Create Users and assign roles on ETS3.4 View Notice Inviting Tender (NIT) on ETS3.5 Submit Tender fee and NDA offline to BSNL3.6 Download Official Copy of Tender Documents from ETS3.7 Attend training on e-tendering to be arranged by BSNL(optional)3.8 Clarification to Tender Documents on ETS3.9 Query to BSNL (Optional) 3.10 View response to queries/clarifications posted by BSNL as addenda3.11 Bid-Submission on ETS3.12 Attend Public Online Tender Opening Event (TOE) on ETS3.13 Opening of Technical-Part



3.14 View Post-TOE Clarification posted by BSNL on ETS 3.15 Respond to BSNL’s Post-TOE queries3.16 Attend Public Online Tender Opening Event (TOE) on ETS3.17 Opening of Financial-Part (Only for Technical Responsive Bidders)4. Other Instructions

For participating in this Tender online, the following instructions are to be read carefully. These instructions are supplemented with more detailed guidelines on the relevant screens of the ETS.

5. Digital CertificatesFor integrity of data and authenticity/ non-repudiation of electronic records, and to be complaint with IT Act 2000, it is necessary for each user to have a Digital Certificate (DC) also referred to as Digital Signature Certificate (DSC), of Class 2 or above, issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer http://www.cca.gov.in].

6. RegistrationTo use the ElectronicTender® portal (https://www.tcil-india-electronictender.com) vendors need to register on the portal. Registration of each organization is to be done by one of its senior persons who will be the main person coordinating for the e-tendering activities. In ETS terminology, this person will be referred to as the Super User (SU) of that organization. For further details, please visit the website/portal, and click on the ‘Supplier Organization’ link under ‘Registration’ (on the Home Page), and follow further instructions as given on the web site. Pay Annual Registration Fee as applicable.[Note: After successful submission of Registration details and Annual Registration Fee (Rs 6000/- plus service tax as applicable, payable etc TCIL), please contact TCIL Helpdesk (as given below), to get your registration accepted/activated].

TCIL HelpdeskTelephone (011) 26202699 (Multiple Lines)

[between 9:30 hrs to 18:00 hrs on working days]Emergency Mobile Nos. 98683 93717 / 98683 93775 / 98683 93792E-mail ID [email protected]

7. Some Bidding related Information for this Tender (Sealed Bid)(a) Procurement of Official Copy of Tender Document/ addendum

After the process of registration on ETS portal, , those Bidders who have already procured Tender document offline from MM Cell, BSNL C.O, New Delhi or have downloaded it from BSNL website, would download the official copy of the same Tender Document/ addendum online from the e-tendering portal.

(b) Online Submission of BidsThe entire bid-submission would be online on ETS. Broad outline of submissions are as follows:i) Submission of information about Bid Security/ Earnest Money Deposit (EMD) being submitted ‘offline’ on or before the date & time of submission of bids.ii) Submission of digitally signed copy of Tender Documents/ Addenda

(c) Submission of Two Electronic Envelopesi) Technical-Part

Electronic Forms-Mandatory Main-Bid-Mandatory Bid-Annexures (Optional)

ii) Financial-Part of 184


tel:+91-11-26241071


http://www.cca.gov.in/

Electronic Forms-Mandatory Main-Bid-Mandatory

Bid-Annexures (Optional)(Financial price schedule should be uploaded as Main Bid in this part and it should not be uploaded again in the Bid annexures. If a bidder does so then price schedule as per ‘Main Bid’ only, shall be taken into consideration during financial evaluation.

NOTE: Bidder must ensure that after above submissions & all other functional steps of the ETS portal the status of bid submission must become – “Complete”. It should be noted that only when ‘Status pertaining overall bid submission’ becomes ‘Complete’ then only the bid of a bidder appears in the Electronic Tender Box on ETS portal and can be opened by tender opening committee of BSNL. Even if a bidder submits some parts (as per ETS portal) of the online bid are submitted these will not be transferred to Electronic tender Box until all the steps are completed and ‘Status pertaining overall bid submission’ becomes ‘Complete’. After status pertaining ‘Status pertaining overall bid submission’ becomes ‘Complete’ may generate a receipt for ‘Confirmation of final bid submission’ on ETS portal.

Bidders should refer to User Manual for SO (Supplier Organization) in USER GUIDANCE link of ETS portal and follow all Do’s and Don’ts and other essential settings & guidelines.Bidders must ensure that all documents uploaded on e-tender portal as files or zipped folders, contain valid files and are not corrupt or damaged due to any processing at bidder PC system like zipping etc. It shall be the responsibility of bidder himself for proper extractability of uploaded zipped files. Any error/ virus creeping into files/folder from client end PC system cannot be monitored by e-tender software/ server and will be bidder’s responsibility only.In case the files are non-extractable or illegible otherwise, then the bidder’s authorized representative shall be given one chance by Tender Opening Committee to open & demonstrate the contents of bid data downloaded from the e-tender portal in his presence.

If, even after above chance, the bidder is unable to open & demonstrate the contents of bid data downloaded from the e-tender portal in his presence then no fresh bid in any form, soft or hard copies, shall be accepted by tendering authority and his bid shall be summarily rejected and treated as non-responsive.

8. Offline Submissions:The Bidder is requested to submit the original documents as per clause 4 of section 2 offline to DM (MMT), BSNL Corporate Office, 2nd Floor, Bharat Sanchar Bhawan, Janpath, New Delhi – 110001 on or before the Bid Closing Date specified in covering letter of this Tender Document, in a sealed envelope. The envelope shall bear (the Tender/Project name), the tender number and the words ‘DO NOT OPEN BEFORE’ (due date & time).

(a) Bid Security.(b) Tender Fee(c) Power of attorney in accordance with clause 14 of Section-4 Part A.

Note: The Bidder has to upload the Scanned copy of all above said original documents as Bid-Annexure during Online Bid-Submission except Pass-phrases for technical & financial bid parts in separate sealed envelopes.

9. Special Note on Security of Bids9.1 Security related functionality has been rigorously implemented in ETS in a multi-

dimensional manner. Starting with 'Acceptance of Registration by the Service of 184


Provider', provision for security has been made at various stages in Electronic Tender's software. Specifically for Bid Submission, some security related aspects are outlined below.

9.2 As part of the Electronic Encrypter™ functionality, the contents of both the ‘Electronic Forms’ and the ‘Main-Bid’ are securely encrypted using a Pass-Phrase created by the Bidder himself. Unlike a ‘password’, a Pass-Phrase can be a multi-word sentence with spaces between words (eg I love this World). A Pass-Phrase is easier to remember, and more difficult to break. It is recommended that a separate Pass-Phrase be created for each Bid-Part. This method of bid-encryption does not have the security and data-integrity related vulnerabilities which are inherent in e-tendering systems which use Public-Key of the specified officer of a Buyer organization for bid-encryption. Bid-encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE), even if there is connivance between the concerned tender-opening officers of the Buyer organization and the personnel of e-tendering service provider.

9.3 Typically, ‘Pass-Phrase’ of the Bid-Part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each Bidder during the TOE itself, when demanded by the concerned Tender Opening Officer.

9.4 It is important for the bidder to keep a safe record of his Pass-phrases. It is the RESPONSIBILITY of the bidder to provide the CORRECT PASS-PHRASE for decrypting his bid part. In case the bidder is unable to provide the correct pass-phrase during the TOE, it will not be possible to open his bid and as his bid will be REJECTED (i.e. Archived Un-opened). Before rejection in such a situation, the bidder will be given opportunity to himself enter the pass-phrase from his own office or from BSNL’s office if his representative is physically present there.

9.5 There is an additional protection with SSL Encryption during transit from the client-end computer of a Supplier organization to the e-tendering server/ portal.

10. Public Online Tender Opening Event (TOE) 10.1 ETS offers a unique facility for ‘Public Online Tender Opening Event (TOE)’. Tender

Opening Officers as well as authorized representatives of Bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices. Alternatively, duly authorized representatives of Bidders (i.e. Supplier organization) are requested to carry a Laptop with Wireless Internet Connectivity, if they wish to come to BSNL office for the Public Online TOE.

10.2 Every legal requirement for a transparent and secure ‘Public Online Tender Opening Event (TOE)’ has been implemented on ETS.

10.3 As soon as a Bid is decrypted with the corresponding ‘Pass-Phrase’ as submitted online by the Bidder himself (during the TOE itself), salient points of the Bids are simultaneously made available for downloading by all prospective Bidders. The tedium of taking notes during a manual ‘Tender Opening Event’ is therefore replaced with this superior and convenient form of ‘Public Online Tender Opening Event (TOE)’.

10.4 ETS has a unique facility of ‘Online Comparison Chart’ which is dynamically updated as each online bid is opened. The format of the chart is based on inputs provided by the Buyer for each Tender. The information in the Comparison Chart is based on the data submitted by the Bidders. A detailed Technical and/ or Financial Comparison Chart enhances Transparency. Detailed instructions are given on relevant screens.

10.5 ETS has a unique facility of a detailed report titled ‘Minutes of Online Tender Opening Event (TOE)’ covering all important activities of ‘Online Tender Opening Event (TOE)’. This is available to all prospective Bidders for ‘Viewing/ Downloading’.

10.6 There are many more facilities and features on ETS. For a particular tender, the screens viewed by a Supplier will depend upon the options selected/programmed by the Purchaser for the relevant tender. IMPORTANT NOTE: In case of internet related problem at a bidder’s end, especially during ‘critical events’ such as – a short period before bid-submission deadline, during


online public tender opening event, during e-auction, it is the bidder’s responsibility to have backup internet connections. In case there is a problem at the e-procurement/ e-auction service-provider’s end (in the server, leased line, etc) due to which all the bidders face a problem during critical events, and this is brought to the notice of BSNL by the bidders in time, then BSNL will promptly re-schedule the affected event(s).

11. Other Instructions11.1 For further instructions, the vendor should visit the home-page of the portal

(https://www.tcil-india-electronictender.com) and go to the User-Guidance Center11.2 The help information provided through ‘ETS User-Guidance Center’ is available in

three categories – Users intending to Register / First-Time Users, Logged-in users of Buyer organizations, and Logged-in users of Supplier organizations. Various links are provided under each of the three categories.

11.3 It is strongly recommended that all authorized users of Supplier organizations should thoroughly peruse the information provided under the relevant links, and take appropriate action. This will prevent hiccups, and minimize teething problems during the use of ETS.

11.4 The following ‘FOUR KEY INSTRUCTIONS for BIDDERS’ must be assiduously adhered to: (a) Obtain individual Digital Signing Certificate (DSC or DC) well in advance of

your first tender submission deadline on ETS(b) Register your organization on ETS well in advance of your first tender

submission deadline on ETS.(c) Get your organization’s concerned executives trained on ETS well in advance

of your first tender submission deadline on ETS(d) Submit your Bids well in advance of tender submission deadline on ETS

(There could be last minute problems due to internet timeout, breakdown, et al).

(e) While the first three instructions mentioned above are especially relevant to first-time users of ETS, the fourth instruction is relevant at all times.

12. Minimum Requirements at Bidders end12.1 Computer System with good configuration (Min PIV, 1 GB RAM, Windows XP)12.2 Broadband connectivity 12.3 Microsoft Internet Explorer 6.0 or above12.4 Digital Certificate(s)

13. Training Program 13.1 One day training (10:00 to 17:00) would be provided as per the following table.

Training is optional but is advisable for first time users .14. “The prospective Bidders are requested to carry a Laptop and Wireless Connectivity to

Internet.Scheduled Date Date of uploading of Tender document + 7 daysVenue BSNL Corporate Office,

Bharat Sanchar Bhawan, Janpath, New Delhi – 110001

Training Charges(Per Participant)

Rs. 2,500/- (plus GST as applicable). This amount is charged by M/s TCIL from bidders directly



15. In case there is any discrepancy between information entered in the electronic form and that as per the document uploaded, then information as per uploaded documents shall prevail over the information in electronic form.


Section 5 part A

GENERAL (COMMERCIAL) CONDITIONS OF CONTRACT (GCC)

1. APPLICATIONThe General Conditions of Contracts provide the terms and conditions applicable to the Supplier for the supply of Goods and the provision of Services.

2. STANDARDSThe Goods and Services supplied under the Contract shall conform to the standards prescribed in the Technical Specifications mentioned in Section-3.

3. PATENT RIGHTS The Supplier shall indemnify the Purchaser against all third-party claims of infringement of patent, trademark or industrial design rights arising from use of the Goods and/or Services or any part thereof in Indian Telecom Network.

4. PERFORMANCE SECURITY

4.1 All suppliers (including MSEs who are registered with the designated MSME bodies, like National Small Scale Industries Corporation etc. shall furnish performance security to the purchaser as per clause 4 of section 5 Part B within 14 days from the date of issue of Advance Purchase Order by the Purchaser.

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

4.3 The performance security Bond shall be in the form of Bank Guarantee issued by a scheduled Bank and in the proforma provided in 'Section-7B of this Bid Document.

4.4 The performance security Bond will be discharged by the Purchaser after completion of the supplier's performance obligations including any warranty obligations under the contract.

5. INSPECTION AND TESTS

5.1 The Purchaser or its representative shall have the right to inspect and test the goods as per prescribed test schedules for their conformity to the specifications. Where the Purchaser decides to conduct such tests on the premises of the supplier or its subcontractor(s), all reasonable facilities and assistance like Testing instruments and other test gadgets including access to drawings and production data shall be furnished to the inspectors at no charge to the purchaser.

5.2 Should any inspected or tested goods fail to conform to the specifications the purchaser may reject them and the supplier shall either replace the rejected goods or make all alterations necessary to meet Specification / requirements free of cost to the purchaser.

5.3 Notwithstanding the pre-supply tests and inspections prescribed in clause 5.1 & 5.2 above, the equipment and accessories on receipt in the Purchaser's premises will also be tested during and after installation before "take over" and if any equipment or part thereof is found defective, the same shall be replaced free of all cost to the purchaser as laid down in clause 5.4 below.

5.4 If any equipment or any part thereof, before it is taken over under clause 5.5, is found defective or fails to fulfill the requirements of the contract, the inspector shall give the Supplier notice setting forth details of such defects or failure and the supplier shall


make the defective equipment good, or alter the same to make it comply with the requirements of the contract forthwith and in any case within a period not exceeding three months of the initial report. These replacements shall be made by the supplier free of all charges at site. Should it fail to do so within this time, the purchaser reserves the discretion to reject and replace at the cost of the supplier the whole or any portion of equipment as the case may be, which is defective or fails to fulfill the requirements of the contract. The cost of any such replacement made by the purchaser shall be deducted from the amount payable to the supplier.

5.5 When the performance tests called for have been successfully carried out, the inspector / ultimate consignee will forthwith issue a Taking Over Certificate. The inspector /ultimate consignee shall not delay the issue of any "taking Over Certificate" contemplated by this clause on account of minor defects in the equipment which do not materially affect the commercial use thereof provided that the supplier shall undertake to make good the same in a time period not exceeding six months. The Taking Over Certificate shall be issued by the ultimate consignee within six weeks of successful completion of tests. In this case, BCPC (Bills Copy Payable Challan) shall be equivalent to "Taking Over Certificate", issuance of which shall certify receipt of goods in safe and sound condition. However, they shall not discharge the supplier of their warranty obligation. BCPC in respect of last consignment against the purchase order will be equivalent to "Taking Over Certificate".

5.6 Nothing in clause 5 shall in any way release the Supplier from any warranty or other obligations under this contract.

6. DELIVERY AND DOCUMENTS

6.1 Delivery of the goods and documents shall be made by the supplier in accordance with the terms specified by the purchaser in its schedule of requirements and special conditions of contracts, and the goods shall remain at the risk of the supplier until delivery has been completed. The delivery of the equipment shall be to the ultimate consignee as given in the purchase order.

6.2 The delivery of the goods and documents shall be completed within time frame stated in Section-2 (Tender information).

6.3 All Technical assistance for installation, commissioning and monitoring of the equipment shall be provided by the Supplier at no extra cost during laboratory evaluation, validation/ type approval and field trial, if any.

6.4 The extension of delivery period against the purchase order, if any, should be granted subject to the condition that BSNL shall have the absolute right to revise the price(s) and also to levy penalty for the delayed supplies.

7. TRAINING

7.1 The bidder shall provide training for installation and maintenance staff of the purchaser free of cost where required.

7.2 The bidder shall specify in its bid the number of trainees, quantum of proposed training, pre-training qualifications required of the trainees and duration of the proposed training.

7.3 The bidder shall provide all training material and documents.

7.4 Conduct of training of the purchaser's personnel shall be at the suppliers' plant and/or on-site in assembly start-up operation, maintenance and/or repair of the supplied goods.


8. INCIDENTAL SERVICES

8.1 The Supplier may be required to provide any or all of the following Services:a. Performance or supervision of on-site assembly and/or start-up of the supplied

goods:b. Furnishing of tools required for assembly and/or maintenance of supplied goods:c. Performance of supervision or maintenance and/or repair of the supplied goods,

for a period of time agreed by the parties that this service shall not relieve the Supplier of any Warranty obligations under this Contract

9. SPARES

9.1 The supplier shall be required to provide a list of the following material and notifications pertaining to spare parts manufactured or distributed by the supplier of spares including cost and quantity considered for arriving at the price of spares in Sec-4 Part A clause 9.(a) Such spare parts as the purchaser may elect to purchase from the supplier

provided that such purchase shall not relieve the supplier of any warranty obligation under the contract.

(b) In the event of termination of production of the spare parts, the supplier shall:(i) give advance notification to the purchaser pending termination (not less

than 2 years), in sufficient time to enable the purchaser to procure life time spare; and

(ii) Following such advance intimation of termination, furnish at no cost to the purchaser, the blue prints, drawings and specifications of spare parts, if and when requested.

10. WARRANTY

10.1 The supplier shall warrant that the stores to be supplied shall be new and free from all defects and faults in materials used, workmanship and manufacture and shall be of the highest grade and consistent with the established and generally accepted standards for materials of the type ordered and shall perform in full conformity with the specifications and drawings. The supplier shall be responsible for any defect that may develop under the conditions provided by the contract and under proper use, arising from faulty material, design or workmanship such as corrosion of the equipment, inadequate quantity of material to meet equipment requirements, inadequate contact protection, deficiencies in circuit design and/ or otherwise and shall remedy such defects at its own cost when called upon to do so by the Purchaser who shall state in writing in what respect the stores are faulty. This warranty shall survive inspection or payment for/ and acceptance of goods, but shall expire (except in respect of complaints notified prior to such date) twelve monthsafter the stores have been taken over under clause 5.5 above.

10.2 If it becomes necessary for the Supplier to replace or renew any defective portion(s) of the equipment under this clause, the provisions of the clause 10.1 shall apply to the portion(s) of the equipment so replaced or renewed or until the end of the above mentioned period of twelve months, whichever may be later. If any defect is not remedied by the supplier within a reasonable time, the Purchaser may proceed to get the defects remedied from other supplier etc., at the supplier's risk and expenses, but without prejudice to any other rights which the purchaser may have against the supplier in respect of such defects.

10.3 Replacement under warranty clause shall be made by the supplier free of all charges at site including freight, insurance and other incidental charges.

11. PAYMENT TERMS of 184


11.1 Payment of specified percentage of the price as stated in clause 5 of Section -2 (Ten-der Information) shall be made on receipt of goods by consignee. For claiming this payment the following documents are to be submitted to the paying authority.

a) Invoice clearly indicating break up details of composite price i.e. Basic, Goods and Services Tax (GST), any other Duties and Taxes, Freight/Packing Charges, etc.

b) Acknowledged Delivery Challan in original.c) Inspection Certificate of QA(Payable copy in original)d) The sea freight receipt as per the rates approved by the Ministry of Water and Sur-

face Transport, if applicable.e) E-way bill as prescribed in the GST law in case of movement of goods f) Proof of payment of GST, if applicable.g) Timely uploading of correct and necessary information on GSTN portal is mandatory

as prescribed in GST compliances.

Note :- 1) If the supplier fails to furnish necessary supporting documents i.e. GST invoice / Customs invoices etc. and also fails to upload the information on GSTN in respect of the Duties/taxes for which input tax credit is available, the amount pertaining to such Duties/Taxes will be deducted from the payment due to the supplier.

2) Tax amount will be paid to the supplier only after supplier declares the details of the invoices in its return in GSTR 1 and GSTR-3 uploaded by the supplier and the same is reflected in GSTR-2A of BSNL on GSTN portal.

3) TDS/ TCS shall be deducted at the prescribed rate, if any (as the case may be). 4) BSNL can adjust/ forfeit Bank Guarantee obtained from the supplier against any loss

of input tax credit to BSNL on account of supplier's default. 5) In case BSNL has to pay GST on reverse charge basis, the supplier would not charge

GST on its invoices. Further, the supplier undertakes to comply with the provisions of GST law as may be applicable.

11.2 The balance payment shall be made within a period of 6 months from invoice date to ensure availability of input tax credit (ITC) & subject to condition that there are no damage/shortages. In those cases where such shortages/damages are intimated to the supplier in writing, the balance payment shall be released only after the cases are settled in accordance with the provision of the P.O.

Further, in case of any dispute on the payment to be made to the supplier, the same shall be settled on or before the month of September following the end of financial year to which the invoice pertains.Additionally, in case the dispute is not settled due to any act of the supplier and in-put credit on the said invoice is lost by BSNL, the same shall be recovered from the supplier.

11.3 Necessary declaration, statutory forms (if any) shall be provided by BSNL to avail concessional rate of tax wherever applicable on the request of the bidder as and when asked for.

11.4 No payment will be made for goods rejected at the site on testing.

11.5 The bidder has to give the mandate for receiving payment costing Rs.5 lakhs and above electronically and the charges, if any, levied by bank has to be borne by the bidder/ contractor/supplier. The bidder company is required to give the following in-formation for this purpose:-

(a)Beneficiary Bank Name:(b) Beneficiary branch Name:(c)IFSC code of beneficiary Branch:(d) Beneficiary account No.:(e)Branch Serial No. (MICR No.):


12. PRICES

12.1 Prices charged by the supplier for goods delivered and services performed under the contract shall not be higher than the prices quoted by the Supplier in its Bid except for variation caused by change in taxes/ duties as specified in Clause-12.2 mentioned below.

12.2 For changes in taxes/ duties during the scheduled delivery period, the unit price shall be regulated as under:

(a) Prices will be fixed at the time of issue of purchase order as per taxes and statutory duties applicable at that time

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

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

12.3 Any increase in taxes and other statutory duties/ levies, after the expiry of the delivery date shall be to the supplier's account. However, benefit of any decrease in these taxes/duties shall be passed on to the Purchaser by the supplier. The total price is to be adjusted (by reducing the basic price) with increased duties and taxes as per price mentioned in PO.

13. CHANGES IN PURCHASE ORDERS

13.1 The Purchaser may, at any time, by a written order given to a Supplier, make changes within the general scope of the Contract in any one or more of the following:(a) Drawings, designs or specifications, where goods to be supplied under the

Contract are to be specifically manufactured for the Purchaser;(b) the method of transportation or packing;(c) the place of delivery; or (d) The services to be provided by the Supplier.

13.2 If any such change causes an increase or decrease in the cost and quantity of, or the time required for the execution of the Contract an equitable adjustment shall be made in the Contract Price or delivery schedule, or both, and the Contract shall accordingly be amended. Any proposal by the Supplier for adjustment under this clause must be made within thirty days from the date of the receipt of the change in order.

14. SUBCONTRACTS

The Supplier shall notify the Purchaser in writing of all subcontracts awarded under this Contract if not already specified in his Bid. Such notification, in his original bid or later shall not relieve the Supplier from any liability or obligation under the Contract.

15. DELAYS IN THE SUPPLIER’S PERFORMANCE

15.1 Delivery of the Goods and performance of the services shall be made by the Supplier in accordance with the time schedule specified by the purchaser in its purchase order. In case the supply is not completed in the stipulated delivery period, as indicated in the Purchase Order, purchaser reserves the right to short-close/ cancel this purchase order and/ or recover liquidated damage charges. The cancellation/ short-closing of


the order shall be at the risk and responsibility of the supplier and purchaser reserves the right to purchase balance unsupplied item at the risk and cost of the defaulting vendors.

15.2 Delay by the Supplier in the performance of its delivery obligations shall render the Supplier liable to any or all of the following sanctions:

(a) forfeiture of its performance security, (b) imposition of liquidated damages, and/ or (c) Short closure of the contract in part or full and/ or termination of the contract for

default.

15.3 If at any time during the performance of the contract, the supplier encounters condition impending timely delivery of the goods and performance of service, the supplier shall:

(a) Promptly notify to the Purchaser in writing the fact of the delay, its likely duration and its cause(s). As soon as practicable after receipt of the supplier's notice, the purchaser shall evaluate the situation and may at its discretion extend the period for performance of the contract (by not more than 20 weeks or as per provisions of clause 16.2 Section-5A as per provision given below :

(b) The vendor has to submit their request for extension along with the undertaking as per clause 24 Section-5A (Fall Clause) and a copy of QA inspection certificate at least two weeks before the expiry of delivery period. The vendor shall also submit unconditional acceptance of the conditions for delivery period extension i.e. applicability of liquidated damages, prices to be provisional and to be regulated as per clauses 12.3 and 24 of section-5A and submission of additional BG, wherever applicable. The decision regarding extension shall be communicated within two weeks of the receipt of request and after receipt of the unconditional acceptance and the undertaking mentioned above.

(c) In case extension is being granted beyond 20 weeks then the vendor shall submit additional BG while seeking extension. For piecemeal items the amount of additional BG shall be 5% of the value of balance quantity of items to be supplied for which extension in delivery period has been sought. In case of infrastructure/turnkey projects other than as stated above, 1% of the total project value shall be the value for additional BG. The additional BG shall be valid for six months beyond extension of delivery period sought and shall be discharged after the full ordered quantity has been supplied to the ultimate consignee within the last extended delivery period on submission of inspection certificate from QA and consignee receipt without prejudice to the other remedies available to the purchaser.

(d) If the vendor fails to deliver the full ordered quantity even during extended delivery period then the PO shall be short-closed and the Performance Bank Guarantee as well as additional BG shall be forfeited.

(e) Format of (i) letters conveying conditions of DP extension and (ii) DP extension letter are at Section 7 Part A& Part B. .

15.4 If the supplies are not completed in the extended delivery period, the purchase order shall be short-closed and both the Performance securities shall be forfeited.

16. LIQUIDATED DAMAGES16.1 The date of delivery of the stores stipulated in the acceptance of the tender should be

deemed to be the essence of the contract and delivery must be completed not later than the dates specified therein. Extension will not be given except in exceptional circumstances. Should, however, deliveries be made after expiry of the contracted


delivery period, without prior concurrence of the purchaser and be accepted by the consignee, such delivery will not deprive the purchaser of its right to recover liquidated damage under clause 16.2 below. However, when supply is made within 21 days of the contracted original delivery period, the consignee may accept the stores and in such cases the provision of clause 16.2 will not apply. Further, DP extension for this grace period of 21 days shall not be necessary.

16.2 While granting extension of delivery period as per clause 15.3, the liquidated damages shall be levied as follows:

(a) Should the supplier fails to deliver the store or any consignment thereof within the period prescribed and agreed for delivery, the purchaser, without prejudice to other remedies available to the purchaser shall be entitled to recover, as agreed liquidated damages for breach of contract, a sum equivalent to 0.5% of the value of the delayed supply and/ or undelivered material/ supply for each week of delay or part thereof for a period up to 10 (TEN) weeks, and thereafter at the rate of 0.7% of the value of the delayed supply and/ or undelivered material/ supply for each week of delay or part thereof for another TEN weeks of delay.

(b) DP extension beyond 20 weeks would not be generally allowed. The extension beyond 20 weeks may be decided in most exceptional circumstances on case to case basis, by the CGM concerned in case of tenders floated by Circles and by the Functional Director concerned in case tenders floated by Corporate Office, stating reasons and justifications for grant of extension of delivery period beyond 20 weeks.

(c) In the case of package supply/ turnkey projects when the delayed portion of the supply materially hampers installation and commissioning of the systems, LD charges shall be levied as above on the total value of the concerned package of the Purchase Order.

(d) Quantum of liquidated damages assessed and levied by the purchaser and decision of the purchaser thereon shall be final and binding on the supplier, further the same shall not be challenged by the supplier either before Arbitration tribunal or before the court. The same shall stand specifically excluded from the purview of the arbitration clause, as such shall not be referable to arbitration. However, when supply is made to the ultimate consignee within 21 days of QA clearance in the extended delivery period and the goods were dispatched within this delivery period, the consignee may accept the stores and in such cases the LD shall be levied up to the date of dispatch after QA clearance only.

(e) The total value of the liquidated damages as per above sub-clauses shall be limited to a maximum of 12% (Twelve percent) i.e. LD shall be levied up to 20 weeks only as per provision at Para (a).

16.3 In cases where the scheduled delivery period is distributed month-wise or is in installments, the liquidated damages shall be imposed for delay in each scheduled month/ installment. Liquidated damages shall be calculated separately for quantities to be supplied in every month/ installment and the corresponding delay. If the supplier supplies full quantity before the expiry of the scheduled delivery period of the last month/ installment but there is delay in month-wise/ installment-wise supply, then also liquidated damages shall be levied on the supplies against the earlier months/ installments that have been delayed. Twenty (20) weeks for the purpose of additional BG and grant of DP extension shall be counted from the last month/ installment.


16.4 Wherever Clause of grace period of 21 days exists in the Purchase Order as well as in the Tender document against which the Purchase Order has been released, applicability of the grace period shall be subject to:

(a) The Store has been offered to ‘QA’ by the Supplier for Inspection/Testing within the contracted original delivery period.

(b) 'QA’ has cleared the equipment for dispatch within the contracted original delivery period.

(c) The Supplier has carried out dispatch/ dispatched the equipment with in contracted original delivery period. For claiming benefit of grace period, the supplier shall have to satisfy the Paying Authority by furnishing documents of dispatch confirming that it has actually dispatched the equipment within contracted original delivery period.

(d) The Store has been received by the ultimate consignee with in 21 days of the expiry of contracted original delivery period.

(e) The grace period of 21 days shall be allowed only in those cases which fulfill all the conditions given in Para (a) to (d) above. During grace period no LD charges shall be levied.

17. FORCE MAJEURE17.1 If, at any time, during the continuance of this contract, the performance in whole or in

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

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

18. ACTION BY PURCHASER AGAINST BIDDER(S)/ VENDOR(S) IN CASE OF DEFAULT.

18.1 In case of default by Bidder(s)/ Vendor(s) such as(a) Failure to deliver and/ or commission any or all of the goods within the


time period(s) specified in the contract, or any extension thereof granted by the purchaser pursuant to clause15 of this section;

(b) Failure to perform any other obligation(s) under the Contract; and(c) Equipment does not perform satisfactory in the field in accordance with the

specifications;(d) Or any other default whose complete list is enclosed in Appendix-1 of Section-4,

Part-A;Purchaser will take action as specified in Appendix-1 of Section-4, Part-A.

19. ARBITRATION19.1 Except as otherwise provided elsewhere in the contract, if any dispute, difference,

question or disagreement arises between the parties hereto or their respective representatives or assignees, in connection with construction, meaning, operation, effect, interpretation of the contract or breach thereof which parties unable to settle mutually, the same shall be referred to Arbitration as provided hereunder:

i. A party wishing to commence arbitration proceeding shall revoke Arbitration Clause by giving 60 days’ notice to the designated officer of the other party. The notice invoking arbitration shall specify all the points of disputes with details of the amount claimed to be referred to arbitration at the time of invocation of arbitration and not thereafter. If the claim is in foreign currency, the claimant shall indicate its value in Indian Rupee for the purpose of constitution of the arbitral tribunal.

ii. The number of the arbitrators and the appointing authority will be as under:

Claim amount (excluding claim for counter claim, if any)

Number of arbitrator Appointing Authority

Above Rs. 5 lakhs to Rs. 5 crores

Sole Arbitrator to be appointed from a panel of arbitrators of BSNL.

BSNL(Note: BSNL will forward a list containing names of three empanelled arbitrators to the other party for selecting one from the list who will be appointed as sole arbitrator by BSNL)

Above Rs. 5 crores 3 Arbitrators One arbitrator by each party and the 3rd arbitrator, who shall be the presiding arbitrator, by the two arbitrators. BSNL will appoint its arbitrator from its panel.

iii. Neither party shall appoint its serving employee as arbitrator.

19.2 If any of the Arbitrators so appointed dies, resigns, becomes incapacitated or withdraws for any reason from the proceedings, it shall be lawful for the concerned party/arbitrators to appoint another person in his place in the same manner as aforesaid. Such person shall proceed with the reference from the stage where his predecessor had left it both parties consent for the same; otherwise, he shall proceed de novo.

19.3 Parties agree that neither party shall be entitled for any pre-reference or pendente-lite interest on its claims. Parties agree that any claim for such interest made by any party


shall be void.

19.4 Unless otherwise decided by the parties, Fast Track procedure as prescribed in Section 29 B of the Arbitration Conciliation Act, 1996 for resolution of all disputes shall be followed, where the claim amount is upto Rs. 5 crores.

[29B. Fast track procedure – (1) Notwithstanding anything contained in this Act, the parties to an arbitration agreement, may, at any stage either before or at the time of appointment of the arbitral tribunal, agree in writing to have their dispute resolved by fast track procedure specified in sub-section (3).

(2) The parties to the arbitration agreement, while agreeing for resolution of dispute by fast track procedure, may agree that the arbitral tribunal shall consist of a sole arbitrator who shall be chosen by the parties.

(3) The arbitral tribunal shall follow the following procedure while conducting arbitration proceedings under sub-section (1):-

(a) The arbitral tribunal shall decide the dispute on the basis of written pleadings, documents and submissions filed by the parties without oral hearing;

(b) The arbitral tribunal shall have power to call for any further information or clarification from the parties in addition to the pleadings and documents filed by them;

(c) An oral hearing may be held only, if, all the parties make a request or if the arbitral tribunal considers it necessary to have oral hearing for clarifying certain issues;

(d) The arbitral tribunal may dispense with any technical formalities, if an oral hearing is held, and adopt such procedure as deemed appropriate for expeditious disposal of the case.

(4) The award under this section shall be made within a period of six months from the date the arbitral tribunal enters upon the reference.

(5) If the award is not made within the period specified in sub-section (4), the provisions of sub- sections (3) to (9) of Section 29 A shall apply to the proceedings.

(6) The fees payable to the arbitrator and the manner of payment of the fees shall be such as may be agreed between the arbitrator and the parties.]

19.5 The arbitral tribunal shall make and publish the award within time stipulated as under:

Amount of Claims and Counter Claims

Period for making and publishing of the award (counted from the date the arbitral tribunal enters upon the reference)

Up to Rs. 5 crores Within 6 months (Fast Track procedure)Above Rs. 5 crores Within 12 months

However, the above time limit can be extended by the Arbitrator for reasons to be recorded in writing with the consent of parties and in terms of provisions of the Act.

19.6 In case of arbitral tribunal of 3 arbitrators, each party shall be responsible to make arrangements for the travel and stay, etc. of the arbitrator appointed by it. Claimant shall also be responsible for making arrangements for travel/stay arrangements for the Presiding Arbitrator and the expenses incurred shall be shared equally by the parties.


In case of sole arbitrator, BSNL shall make all necessary arrangements for his travel/stay and the expenses incurred shall be shared equally by the parties.

19.7 The Arbitration proceeding shall be held at New Delhi or Circle or SSA Headquarter (as the case may be).

19.8 Subject to the aforesaid conditions, provisions of the Arbitration and Conciliation Act, 1996 and any statutory modifications or re-enactment thereof shall apply to the arbitration proceedings under this clause.

19.9 In the event of any dispute or difference relating to the interpretation and application of the provisions of the contracts, such dispute or difference shall be referred by either party for Arbitration to the sole Arbitrator in the Department of Public Enterprises to be nominated by the Secretary to the Government of India in-charge of the Department of Public Enterprises. The Arbitration and Conciliation Act, 1996 shall not be applicable to arbitration under this clause. The award of the Arbitrator shall be binding upon the parties to the dispute, provided, however, any party aggrieved by such award may make a further reference for setting aside or revision of the award to the Law Secretary, Department of Legal Affairs, Ministry of Law & Justice, Government of India. Upon such reference the dispute shall be deiced by the Law Secretary or the Special Secretary/Additional Secretary, when so authorized by the Law Secretary, whose decision shall bind the Parties finally and conclusively? The Parties to the dispute will share equally the cost of arbitration as intimated by the Arbitrator.

19.10 APPLICABLE LAW AND JURSDICTION

(a) The supply order for Goods ‘or’ Services, including all matters connected with this supply order shall be governed by the Indian law both substantive and procedural, for the time being in force and shall be subject to the exclusive jurisdiction of Indian Courts at the place from where the Purchase Order has been placed.

(b) Foreign companies, operating in India or entering into Joint Ventures in India, shall have to obey the law of land and there shall be no compromise or excuse for the ignorance of the Indian legal system in any way.

In the event of any question, dispute or difference arising under this agreement or in connection there-with (except as to the matters, the decision to which is specifically provided under this agreement), the same shall be referred to the sole arbitration of the CMD, BSNL or in case his designation is changed or his office is abolished, then in such cases to the sole arbitration of the officer for the time being entrusted (whether in addition to his own duties or otherwise) with the functions of the CMD, BSNL or by whatever designation such an officer may be called (hereinafter referred to as the said officer), and if the CMD or the said officer is unable or unwilling to act as such, then to the sole arbitration of some other person appointed by the CMD or the said officer. The agreement to appoint an arbitrator will be in accordance with the Arbitration and Conciliation Act 1996. There will be no objection to any such appointment on the ground that the arbitrator is a Government Servant or that he has to deal with the matter to which the agreement relates or that in the course of his duties as a Government Servant he has expressed his views on all or any of the matters in dispute. The award of the arbitrator shall be final and binding on both the parties to the agreement. In the event of such an arbitrator to whom the matter is originally referred, being transferred or vacating his office or being unable to act for any reason whatsoever, the CMD, BSNL or the said officer shall appoint another person to act as an arbitrator in accordance with terms of the agreement and the person so appointed shall be entitled to proceed from the stage at which it was left out by his predecessors.


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

The venue of the arbitration proceeding shall be the office of the CMD, BSNL, New Delhi or such other places as the arbitrator may decide.

20. SET OFF Any sum of money due and payable to the supplier (including security deposit refund-

able to him) under this contract may be appropriated by the purchaser or the BSNL or any other person(s) contracting through the BSNL and set off the same against any claim of the Purchaser or BSNL or such other person or person(s) for payment of a sum of money arising out of this contract or under any other contract made by the supplier with the Purchaser or BSNL or such other person(s) contracting through the BSNL.

In case of set off of the security deposit against any claim of the purchaser or BSNL or such other person or person(s) for payment of a sum of money arising out of this con-tract or under any other contract made by the supplier with the Purchaser or BSNL or such other person(s) contracting through the BSNL, the GST on such set off will be borne by the supplier.

GST would not be liable on security deposit. But if supplier set off the security deposit against any claim of the purchaser or BSNL or such other person or person(s) for pay-ment of a sum of money arising out of this contract or under any other contract made by the supplier with the Purchaser or BSNL or such other person(s) contracting through the BSNL, then GST would be levied.”

21. INTIMATION OF SUPPLY STATUSThe bidders, who are given Purchase Orders, must give the details of the supplies made against all the Purchase Orders every month on the first working day of the following month to MM and the concerned Planning Branches of BSNL.

22. DETAILS OF THE PRODUCTThe bidder should furnish the name of its collaborator (if applicable), brand name, model number, type of the products and HSN classification under GST and Customs law offered in this tender. The technical literatures of the products should also be submitted. No change in either technology or product shall be permitted after opening of bids.

23. FALL CLAUSE23.1 The prices once fixed will remain valid during the scheduled delivery period except for

the provisions in clause 12.1 of Section 5 Part A. Further, if at any time during the contract

(a) It comes to the notice of purchaser regarding reduction of price for the same or similar equipment/ service;

and /or(b) The prices received in a new tender for the same or similar equipment/ service are

less than the prices chargeable under the contract.

23.2 The purchaser, for the purpose of delivery period extension, if any, will determine and intimate the new price, taking into account various related aspects such as quantity, geographical location etc., and the date of its effect for the balance quantity/ service to


the vendor. In case the vendor does not accept the new price to be made applicable during the extended delivery period and the date of its effect, the purchaser shall have the right to terminate the contract without accepting any further supplies. This termination of the contract shall be at the risk and responsibility of the supplier and the purchaser reserves the right to purchase the balance unsupplied quantity/ service at the risk and cost of the defaulting vendor besides considering the forfeiture of his performance security.

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

23.4 In case under taking as in Clause 23.3 is not applicable, the vendor will give the details of prices, the name(s) of purchaser, quantity etc. to the purchaser, while applying extension of delivery period.

24. COURT JURISDICTION:24.1 Any dispute arising out of the tender/bid document/evaluation of bids/issue of APO shall

be subject to jurisdiction of the competent court at the place from where the NIT/tender has been issued.

24.2 Where a contractor has not agreed to arbitration, the dispute/claims arising out of the Contract/PO entered with him shall be subject to the jurisdiction of the Competent Court at the place from where Contract/PO has been issued. Accordingly ,a stipulation shall be made in the contract as under:

“This Contract/PO is subject to jurisdiction of Court at Delhi only”Note:- Mandatory Licensing requirements with regards to security related concerns issued by the Government of India from time-to-time shall be strictly followed and appropriate clauses shall be added in all bid documents. Necessary guidelines in this regard shall be issued separately.

25. Tax Indemnity clause: BSNL has the right to recover Input Tax Credit loss suffered by it due to any mis-declaration on invoice by the supplier.

26. GST Invoice:

26.1 All the details of supplier (name, address, GSTIN/ unregistered supplier, place of supply, SAC/ HSN code etc.) and other mandatory details shall be mentioned on the invoice.

26.2 Invoice/Supplementary invoice/Debit Note/Credit Note/Receipt Voucher need to be issued in compliant format and timely within the time prescribed under GST law.

26.3 In case of any deficient/incomplete/rejected supply, BSNL shall convey the same in reasonable time to enable the supplier to issue credit note and take tax adjustment.

26.4 It would be the responsibility of the supplier to declare correct information on invoice and GSTN viz. the amount, the place of supply, rate of tax etc. In case, the eligibility of input tax credit is questioned or denied to BSNL on account of default by the supplier, the same would be recovered by BSNL from the supplier.


26.5 Registered location of the both the parties i.e. BSNL and supplier should be mentioned in the agreement with GSTIN No. Further, supplier should raise invoices at the registered premise of BSNL for availing of credit and ensure that the place of supply as per GST law is same as registered premise

26.6 BSNL could at any time instruct the supplier to raise its invoices at a particular location of BSNL

26.7 It is the responsibility of the supplier to ensure that place of supply and the GSTN of BSNL are in the same state. If for any reason they are not in the same state, the supplier shall intimate to BSNL and give adequate time before raising of the invoice.

26.8 E-waybill number should be mentioned on the invoices.

26.9 Supplier shall be responsible for timely issuance and delivery of invoice/ DN/ CN to enable BSNL to claim tax benefit on or before the stipulated time period provided by the GST law.

a) It is the responsibility of the supplier to ensure that outward supply return (GSTR-1) would be filed correctly. If not, than cost would be borne by supplier.

b) Reporting of correct outward supply by supplier in the outward return (GSTR-1) is the responsibility of the supplier. In case of mismatch because of supplier’s fault, prompt amendments must be made by the supplier else supplier would be required to indemnify BSNL of the loss of credit due to mis-match. The compliances to be adhered by supplier includes (but is not limited to) the following:

i. Uploading appropriate invoice details on the GSTN within the stipulated time;ii. Issuing GST compliant invoice / CN/ DN. PO issued by BSNL should be referred by

supplier for capturing information on the invoice.iii. Supplier needs to pay the entire self-assessed tax on timely basis. iv. Where invoice is not uploaded or incorrect upload of invoice detail of GSTN by

supplier then credit on such invoice will be given provisionally subject to matching. So, acceptance of changes made by BSNL on GSTN on account of non-upload or incorrect upload of invoice details on GSTN is to be submitted by supplier. Such changes w.r.t. the mismatch are required to be accepted by supplier within the time limit prescribed under the GST law. It should be noted that in case supplier does not accept such changes within the time limit prescribed under GST law, the loss of input tax credit (if any) would be recovered from the supplier. In case of mismatch because of Supplier's fault, prompt amendments must be made by the supplier else supplier would be required to indemnify BSNL for the losses of credit and interest paid due to mismatch.

v. Supplier to issue all necessary documentation and perform all necessary compliances for BSNL to be eligible to claim the input tax credit of GST tax to them. In case BSNL is unable to claim the input tax credit, the amount w.r.t. GST charged by the supplier would be recovered from the supplier

vi. A self-declaration alongwith evidence that the bidder is not blacklisted by GST authorities. In case supplier gets black listed during the tenure of BSNL contract, then supplier must indemnify BSNL to ensure that no loss of input tax credit is borne by BSNL due to default of supplier.

26.10 Refer Appendix-1 to Section 5 Part A for clause stating that all the details of supplier (name, address, GSTN/ unregistered supplier, place of supply, SAC/ HSN code etc.) and other mandatory details shall be mentioned on the invoice


26.11 Where the location agreed are more than one state, then separate invoice state wise to claim input tax credit in a particular state (typically happens in a bill to-ship to scenario) shall have to be submitted.

26.12 It shall be the responsibility of the supplier to mention State of place of supply of goods/services in the invoice issued to BSNL.

Appendix-1 to Section-5 Part-A

Sr. No. Particulars for ‘Input invoice’1 Name and registered address of the supplier2 GST registration number of supplier3 Name of BSNL entity4 ‘Bill to’ and ‘Ship to’ address of BSNL5 GST registration number of BSNL6 Date of Invoice7 Invoice Number8 Place of Supply (including state)9 Type of Tax (CGST,SGST and IGST)

10 Rate of Tax11 Value of goods/ service and type/ rate/amount of tax should be

separately mentioned12 Quantity of goods13 Total value of invoice14 Description of supply of goods/service15 HSN Code in case of goods16 Accounting Code in case of service

17 In case invoice has more than one tax rates, rate of tax and amount of tax for each supply should be mentioned separately.

Sr. No. Particulars for ‘Receipt Voucher’1 Name and registered address of the supplier2 GST registration number of supplier3 Name of BSNL entity4 ‘Bill to’ and ‘Ship to’ address of BSNL5 GST registration number of BSNL6 Date of document issued7 Document Number8 Place of Supply (including state)9 Amount of advance taken10 Type of Tax (CGST,SGST and IGST)11 Rate of Tax12 Quantity of goods13 In case invoice has more than one tax rates, rate of tax and

amount of tax for each supply should be mentioned separately.Note:Invoice issued at a later stage against receipt voucher to mention this document number.Refund Voucher to be issued against the advances received if no supply is made and no invoice is raised.


Section 5 part BSPECIAL CONDITIONS OF CONTRACT (SCC)


The Special (Commercial) Conditions of Contract (SCC) shall supplement General (Commercial) Conditions of Contra5ct (GCC)) as contained in Section 5 Part A and wherever there is a conflict, the provisions herein shall prevail over those in Section 5 Part A i.e. General (Commercial) Conditions of Contract (GCC).

1. General Requirement from Bidder and OEM

1.1 Bidder shall submit along with the bid, the complete list of OEM partners.

1.2 The bidder shall identify solutions/ technology/ product that have a clear support road map from respective OEMs for the minimum 9 years w.e.f. date of submission of the bid and the same shall be submitted in the technical bid.

1.3 Further to safeguard BSNL interest, in case of expiry of OEM support as per OEM policy during contract period, bidder has to replace such item free of cost during the contract period.

2. Conditions for consortium Bids- In case a bid is being submitted through a legally bound consortium, then following are also applicable for consortium bids:

i. Consortium agreement shall have only two members’ i.e lead bidder & OEM Company as consortium partner.

ii. Consortium agreement as per the format at Section 7(F) and shall be submitted in the technical bid.

iii. Only lead bidder will interact with BSNL for all obligations/payment.iv. The bidder is not permitted to be a consortium member under another bidder in this

tender. However consortium partner can participate in multiple bid as consortium partner.

v. No change in consortium member shall be permitted after the submission of the bid.

3. Product Qualification criteria

3.1. Proven Performance of the MSAN

[3.1.1] Minimum 20 200 no of each type of MSAN modal quoted by the Bidder should have been commercially deployed in atleast 2 Telecom Service Provider as on the date of bid submission. Self certificate from the authorized signatory of OEM with contact details of TSP (client) covering all details in this regard shall be submitted.

[3.2.] Interoperability of quoted MSAN & customer ADSL CPEs - Bidder shall ensure the quoted MSAN and existing customer ADSL/ADSL2+ CPEs are Interopratable i.e MSAN shall sup-port existing ADSL/ADSL2+ customer. Bidder shall submit certificate in thisBidder shall ensure the quoted MSAN and existing customer ADSL CPEs are Interopratablei.e MSAN shall support existing ADSL customer.Bidder shall submit certificate in this regard.

4. Performance Security / Performance Bank Guarantee

4.1. The Successful Bidder shall pay Performance bank Guarantee (PBG) @ 5% of the value of the Advance Purchase Order, within 14 days from the date of issue of the APO. Per-formance Security shall remain valid for a period of 3 years.

4.2. In case a bid is submitted by bidder in consortium, in addition to the Performance Bank Guarantee of 5% of the value of APO submitted by the lead bidder, consortium partner (s) shall also submit PBGs as below:OEMs PBG to be submittedOEM of MSAN 1.25% of the value of the APO

4.3. The selected bidder as well its consortium partner(s) shall submit Performance Bank Guarantee (BG) against AMC, valid for a period of 8 years from the date of start of AMC.


This Performance bank guarantee for AMC shall be submitted to the BSNL before re-lease of Performance BG submitted against APO.

5. Performance Security / Performance Bank Guarantee for AMC - The Successful Bidder shall pay Performance bank Guarantee (PBG) for AMC @ 5% of the value of equipment cost (i.e excluding input tax credit under GST i.e. net cost to BSNL) or the quoted average value of the yearly AMC charges, whichever is higher.

5.1. In case a bid is submitted by bidder in consortium, in addition above Performance Bank Guarantee, Amount of Bank Guarantee for AMC to be submitted by consortium partner(s) shall be as below:OEMs PBG to be submitted for AMCOEM of MSAN 50% of the value of AMC PBG

submitted by the lead bidder,

6. Support from OEM partners

6.1. Support Certificate: Each of the OEM partners of MSAN, Server Hardwar & Network-ing items shall certify support of its respective products supplied to bidder and BSNL for a period of 8 years from the date of commissioning, as per format in section 7(G) of the tender document.

6.2. Bidder shall keep the AMC support current from all the OEMs during the contract period. In case it is noticed that bidder has not renewed the AMC services from any of the OEMs then BSNL shall be at liberty to renew the AMC contract directly from the respective OEM at the risk and cost of the bidder.

7. Software

7.1. All the software licenses supplied against this Tender Document shall be perpetual with-out any limitations on use and shall be licensed in the name of BSNL. Licensing matrix shall be indicated for each of the applications.

7.2. Software version of the equipment being supplied shall be latest must be indicated in the technical bid. Bidders must quote for all necessary licenses to meet out the tender requirements, along with licensing matrix.

7.3. Certified and licensed copies of the application software required shall be supplied. Only Freeware software (like Linux & Apache) that is supported by respective OEMs can be supplied bundled with application /solution. Details shall be submitted along with the technical bid. Unsupported software with no provision of bug fixing, upgrades and up-dates shall not be accepted.

7.4. All the software updates/upgrades and/ or patches required for the system supplied shall be implemented free of cost at each site during Warranty and AMC period by the bidder.

7.5. The Supplier shall supply the extent of software license as per requirement and shall not impose restriction on the use of such license for the operational requirements of BSNL.

8. Loading:

8.1. In case any item is not quoted by a Bidder mentioned in the SOR of the tender docu-ment or the price of any item is not available in its own bid, then the bid shall be loaded by the highest price quoted by any of the bidders for that item. The loaded item shall be supplied at lowest cost quoted by any of the bidder.

8.2. Cases in which the bidder has quoted for less quantity for any of the items than that in-dicated in the SoR of the tender document, then the price bid shall be loaded to the ex-tent of the difference in quantity of the item to meet the full requirement of the SoR on a pro-rata basis for the purpose of evaluation & ordering.


8.3. No de-loading of the bid is envisaged, if the quoted quantity in the bid is higher than that requested in the tender for the purpose of evaluation.

8.4. AMC cost shall not be paid for all items supplied free of cost on account of the loading. The same principle shall be applied for the cost towards services and all other items

8.5. Offer to the L1 bidder(s) after correcting the arithmetical errors and effecting changein unit prices due to loading shall not tantamount to counter offer. If not accepted by the bidder, then he/ she shall be liable to be barred from participating in future tenders/ EOIs/ RFPs of BSNL for a period of two years.

9. Award of Contract (PLACEMENT OF ORDER)

9.1. BSNL will open and evaluate the financial bids of technically and commercially respon-sive bidders and prepare separate list of such bidders arranged in increasing order of their evaluated package prices (with NPV of the AMC) starting from the lowest (i.e. L1, L2, L3 and so on) for the purpose of ordering against this tender.

9.2. The bidder with the lowest evaluated price (L1) will be considered for awarding the work.

10. Validation:

10.1. Equipment/system shall be subjected to on-site validation by the team designated by BSNL. Validation shall cover at least one set of each type of equipment.

10.2. The systems/Equipments supplied in the network, and installed by the Bidders against the Purchase Orders placed on them shall be subjected to validation by the team desig-nated by BSNL during which the tests as per the provisions in the Tender requirements shall be conducted. The Test Schedule and Procedures for Validation Testing shall be submitted by successful bidder within 15days from date of Purchase Order and shall be-finalized by the BSNL in consultation with the Bidders within 2 months from the date of Purchase Order. The system for the purpose of equipment validation is defined as a set of network elements that shall be required to test the requirement mentioned in the tender document.

10.3. The successful bidder will submit the Validation test document. The validation test doc-ument shall contain the list as well as procedures for the tests which are proposed to be conducted during the validation/ field trial to test the conformance of the equipment to the Technical Specifications. The test schedule and procedures for validation tests will be finalized by BSNL.

10.4. Any deficiency found during validation in performance of the system as per the require-ment shall be rectified by the successful bidder. The Supplier shall provide, at his own cost all the testing equipments/instruments including load test equipments required for all the tests to be conducted for validation.

10.5. The bidder shall make available software programs and testers required for carrying out the Validation tests as per the schedule. The bidder shall indicate whether the software package includes programs for testing the nodes under full load conditions and over-load conditions by creation of artificial traffic. Such test program shall be provided by the bidder for the limited purpose of testing. The Bidder shall also indicate the tech-nique used in the creation of such artificial traffic. Details of various items required for the above purpose may be specified in compliance to this clause.

10.6. Any additional test equipment required during Validation shall be arranged by the bid-der at no additional cost to BSNL, so as to complete the Validation as per the specified time schedule in this document.

11. Acceptance Testing (A/T):

11.1. The Selected Bidder shall submit the Acceptance test schedule within one month of is-sue of PO and finalize the same in consultation with BSNL within two months from the


date of issue of PO. Bidder shall also clearly indicate the specification clause(s) verified by each test. BSNL shall have the right to make modifications or additions to any test or techniques of measurement as considered necessary by it.

11.2. Bidder shall arrange the equipment for A/T purpose without any financial implications to BSNL. BSNL will carry out all the tests detailed in the acceptance test schedule to con-firm that the performance of the different modules, subsystems, and entire installation satisfies the specified requirement of specifications including service performance.

11.3. BSNL shall offer equipment for acceptance testing to A/T team that will carry out the tests detailed in the acceptance test schedule to confirm that the performance of the different modules, subsystems, and entire installation satisfies the specified require-ment of specifications including service performance

11.4. Any components or modules failing during the acceptance tests shall be replaced at no additional cost to the Purchaser at site by the Selected Bidder. These shall be shipped within two weeks of the initial reports. Notwithstanding the pre-supply tests and inspec-tions prescribed in this document, the equipment and accessories will also be pre-tested by supplier, before offering to A/T, in coordination with the Node In-charge as per the procedure and Performa provided by purchaser in due course during and after in-stallation/ commissioning before “take over” and if any equipment and part thereof is found defective, the same shall be replaced at no cost to the purchaser.

11.5. If any equipment or any part thereof, before it is taken over under as specified in the document, is found defective or fails to fulfill the requirements of the contract, the in-spector shall give the Supplier notice setting forth details of such defects or failure and the supplier shall make the defective equipment good, or alter the same to make it comply with the requirements of the contract forthwith and in any case within a period not exceeding one month of the initial report. These replacements shall be made by the supplier free of all charges at site. Should it fail to do so within this time, the purchaser reserves the discretion to reject and replace at the cost of the supplier the whole or any portion of equipment as the case may be, which is defective or fails to fulfill the require-ments of the contract. The cost of any such replacement made by the purchaser shall be deducted from the amount payable to the supplier.

11.6. When the AT tests called for have been successfully carried out, the ultimate consignee will forthwith issue a Taking Over Certificate. The ultimate consignee shall not delay the issue of any “Taking Over Certificate” contemplated by this clause on account of minor defects in the equipment which do not materially affect the commercial use thereof pro-vided that the supplier shall undertake to make good the same in a time period not ex-ceeding six months. The Taking Over Certificate shall be issued by the ultimate con-signee within six weeks of successful completion of tests.

11.7. After all acceptance tests have been successfully carried out to the satisfaction of the BSNL, designated unit shall declare the solution fit for deployment in BSNL network and commissioning shall be announced.

12. Warranty

12.1. The warranty of the equipment supplied shall be for a period of twelve months from date of commissioning of all the equipment.

12.2. If the commissioning of any equipment is pending due to any dependency on BSNL, warranty can be started for rest of the equipment.

12.3. All the terms and conditions of the AMC including the penalty provisions shall apply dur-ing the Warranty period.

13. Commercial Utilization of Network or Equipments-

13.1. The equipments shall be commercially utilized only after successful declara-tion of Acceptance testing.


13.2. Nodal authority for declaring the commissioning equipments shall be CGM BBNW, New Delhi.

14. Annual Maintenance Contract (AMC) including Operations

14.1. The Bidder shall quote prices for year-wise comprehensive Annual Maintenance Con-tract including operations for 7 years as in the price schedule.

14.2. The price for year-wise AMC shall truly reflect the efforts required to maintain the SLA specified in Tender Document.

14.3. During the Warranty Period, the Bidder shall perform all the functions as enunciated un-der the AMC without any additional cost to BSNL and adhere to SLA as per AMC. All the penalty clauses shall be applicable during the Warranty Period for non adherence to the SLA as per the AMC.

14.4. The batteries supplied shall not be treated as consumables and any replacement or re-pair required ensuring their specified performance and capacity during the contact pe-riod of 1 year warranty and 7 year AMC shall be the responsibility of the Supplier.

14.5. Bidder after successful installation and commissioning of system shall be responsible for its operations and management during the warranty period of one year and AMC pe-riod of seven year. The Operation & Management of Network shall include interalia all activities and processes which are equipment specific; and overall operations, like per-formance management, security management, configuration management, network and systems administration, data-base administration, fault management. Operation and Management cost shall be covered as part of AMC charges.

14.6. The Successful Bidder shall put into operation (but not limited to) the set of mainte-nance procedures, periodic test schedules, Traffic Report generation & analysis and re-medial measures to be taken in each occasion, Extraction of performance statistics from the various network elements, and classification as required by the Purchaser, Management Information System (MIS) parameters for fault, performance and planning of network expansion. The Bidder shall also help BSNL to put into practice maintenance schedules viz opening of appropriate registers for log, test schedule and performance and fault recording.

14.7. Any other activity or equipment, which is not explicitly covered in this document but is essential, as part of the operations and management shall also be performed by the successful bidder.

15. Technical support centre:- Successful Bidder shall require to have its Technical sup-port centre in place to provide technical support to ensure smooth functioning of equipment supplied by them and to meet additional requirements from time to time. The Bidder shall submit details of location, number of personnel, facility to be made available at technical support centre in the Bid.

16. Training:

16.1. The successful bidder shall provide training from OEM to BSNL officials for 200 man weeks (5 days per week) in Installation, Operation, Testing, Maintenance of System and Software etc.

16.2. The quality and content of the training shall be so designed that the BSNL officers shall be sufficiently exposed to all the aspects of planning, engineering, installation, testing, provisioning, operations, etc of the networks.

16.3. The training shall also cover necessary hardware and software architecture details. The training modules and their duration shall be finalized by the selected bidder in consulta-tion with BSNL. Detailed training material shall also be supplied by the selected bidder to enable BSNL to train more number of officers independently.

16.4. Training shall be conducted at the BSNL premises/training centers. All the expenses re-lated to travel of BSNL officers shall be borne by BSNL.

17. Facilities of 184


17.1. BSNL shall provide space, commercial AC mains power supply, air conditioning and other environmental requirements for installation of equipment with no obligation on part of bidder.

18. Project Management

18.1. A comprehensive web based project monitoring application shall be provided for moni-toring of the progress of the project at various stages. The Project monitoring applica-tion should be able to capture, milestones with reference to the network integration and inter connectivity.

18.2. There should be provision to post comments, see information, display common issues, download information such as installation guidelines, sample layouts, etc., etc. All the entries should be logged with date stamp for future reference.

19. Safety Hazard

19.1. The Successful Bidder shall ensure that any installation carried out by them under this project shall not become a safety hazard and is not in contravention of any statute, rule or regulation and public policy.

20. Compliance to Applicable Law

20.1. The successful Bidder shall execute an agreement, in the form as contained in section 10 of the Tender Document before issuance of any APO by the Purchaser, subject to the guidelines issued by DOT as amended from time to time.

20.2. Security Requirements a) The Supplier shall enable the Purchaser to comply with Applicable Laws including but

not limited to notifications, circulars etc issued by DoT from time to time. b) The Supplier recognizes and accepts that in order to make, maintain and ensure

Purchaser’s networks compliant with security related instructions and guidelines issued by the DoT from time to time, complete cooperation and commitment of the Supplier is necessary. To help and address the business continuity, communication, security requirements and security management of Purchaser’s network, the Supplier shall execute an agreement in the format as contained in Section 10 of the Tender Document before issuance of PO by the Purchaser. It is clarified that the execution of such agreement shall be a condition to the effectiveness of the Advance Purchase Order. The Supplier shall indemnify and hold harmless the Purchaser and its employees, agents, shareholders, directors, representatives, against any claims or penalty or consequence arising out of breach of the security related terms of the License as a result of breach or non-compliance by the Supplier with its obligations in this sub-Clause (b) or any separate agreement executed for this purpose.

c) It is clarified that any expenditure incurred by the Purchaser for complying with security related provisions as prescribed under tender,in respect of all the network elements/equipments supplied under this tender, shall be borne by the Supplier concerned. In the event there is a breach of the security related provisions as prescribed under Applicable Laws, any penalty imposed by the DoT on the Purchaser shall be paid by the Supplier to the Purchaser. Further, any testing of Supplier’s equipment including requirement of testing equipment shall be met by Supplier on his own cost.

20.3. Compliance with Licenses: The Supplier shall assist and provide support as and when required to the Purchaser including the providing of information and documents to comply with the provisions of the Licenses, any amendments made thereto as well as any notifications, circulars, directions/regulations issued by DoT/TRAI or any other Gov-ernmental Authority from time to time specially in relation to security clearance and lawful interception.


20.4. Non-Compliance: The Supplier, including their personnel, employees, associates and sub-suppliers shall be solely responsible for complying with the statutes, laws, regula-tions, subordinate legislation, administrative orders and instructions issued by relevant Government Authorities, regarding, but not limited to, environment, industrial relations, security and taxation, during the performance of their respective obligations under this Contract. Without limiting the generality of the foregoing, the Supplier shall be respon-sible for compliance with the Applicable Laws and similar regulations applicable to its activities hereunder, at its own cost and expenses.In the event there is a delay by the Supplier which is solely attributable to Supplier in fulfilling its obligations under this Contract or any non-compliance or breach of obligations under this Contract by the Supplier due to which any Governmental Authority imposes sanctions on Purchaser, which results in financial and other liabilities on the Purchaser, the Supplier shall be liable to make good such loss immediately which has been suffered by the Purchaser.

21. Technical audit of network

21.1. The Purchaser reserves the right to carry out technical audit of the network through any designated agency from time to time and Bidder shall take necessary corrective mea-sures to conform to the performance parameters stipulated in the Tender Document within the period of Performance Security.

22. Detailed BoM

22.1. The Bidders shall provide along with the techno-commercial Bid, detailed unpriced price schedule as per the SoR along with card level Bill of Materials (“BoM”) for each of the network elements in the SoR with complete details of PCBs together with their quantity required to meet the requirement envisaged in the tender. The Bidder shall ensure that the Bid is complete and comprehensive in respect of detailed card level BoM.

22.2. The card level BoM for all the network elements along with itemized prices shall form part of the financial Bid. If any item for which itemized price is found absent in the bid and that it is essential to be ordered shall have to be supplied free of cost by the bid-der.

23. Documentation

23.1. The Successful Bidder shall supply one set of soft copy documents on operation, main-tenance and planning aspects of the system to each site and also to the corporate of-fice.

24. Make Model list

24.1. The Bidder shall furnish the details of make, model no of the imported and indigenous equipments as part of the technical Bid.

24.2. The Bidder shall quote for only one make, model and manufacturer included in the pro-posal for each of the equipments. Once quoted in the Bid, no change of make, model or manufacturer shall, ordinarily, be permitted. However, in case of higher model or ver-sion (i.e. having at least all the specifications &features of quoted model) of same make may be permitted.

25. Integration/Interworking with existing network:

25.1. The Successful Bidder shall ensure the integration/interworking of equipments being supplied under this project with the all existing Network/Equipments of the BSNL.

26. Indemnity Bond

26.1. The Successful Bidder shall have to execute a bond to indemnify the BSNL from all statutory/legal liabilities towards all the personnel either employed by itself or in the


rolls of its sub-vendors, who have been deployed for execution of various works against this project, that may arise due to various labour and other laws as specified by central/state from time to time. Further the engagement and employment of any per-sonnel and payment of wages to them as per the existing provisions of various labour laws and regulations is the sole responsibility of the Bidder and any breach of such laws or regulation shall be deemed to be breach of this Contract.

27. Incidental Damages

27.1. Notwithstanding any of the other provisions contained in this Contract , the Bidder shall protect, defend, indemnify and hold harmless BSNL and its employees, officers, Direc-tors, agents, or representatives from and against any and all liabilities, damages, fines, penalties and costs (including legal costs and disbursement) arising from ‘or’ relating to:

a) Any breach of any statute, regulation, direction, orders or standards from any govern-mental body, agency, or regulator issued with respect to the product/services being supplied/provided under this Contract.

b) Any claim made by third parties arising out of the use of the services of BSNL being pro-vided using the equipment supplied under the Contract to the extent these are attribut-able solely to the poor quality or non compliance of the product/services to the respec-tive specifications.

c) Any claims arising from the customers or other service providers, in connection with in-terruptions ‘or’ degradation of services due to non availability of services beyond the stipulated time frame as contained in AMC and solely attributable to the supplier of the product and services under this Contract.

d) Any claim that the Equipment/Services/’or’ any value addition component offered and supplied by the Supplier in this Contract, infringe any patent, trademarks or copyright of any third party.

e) The Bidder shall furnish an unequivocal, unqualified and irrecoverable undertaking along with the Bid to the effect that;

f) “During the Bidding process ‘or’ during the course of execution of the Contract ‘or’ at any stage thereafter, if it is found that the Bidder has fraudulently misrepresented any of the facts about the product/services etc being offered under the Tender/Contract, the Purchaser (BSNL) shall be free to claim a sum equivalent to damage as assessed by it subject to a maximum of the value of the tendered goods and services from the Bidder for such misrepresentation. The Bidder shall immediately on being told by BSNL pay such sum of money to BSNL. Quantum of damages under this clause assessed and levied by the Purchaser (BSNL) shall be final and not challengeable by the Bidder/Sup-plier”.

28. Compliance to Tender Clauses: The bidder shall submit the clause by clause compli-ance of the Tender Document as mentioned in section 4 Part A. However, in respect of TEC GRs referred in the Tender Document, the bidder shall submit acompliance state-ment(s) that it meets all the requirements of the TEC GR.

29. Third Party Vendor

The purchaser recognizes the fact that the scope & extent of the work would necessi-tate the bidder to seek supply & services from number of third parties to complement his own supplies & services to meet the tender requirements. Notwithstanding the pro-visions contained in the tender, should there be a need arise to change the third party vendor, the substitute third party vendor shall, ordinarily, be from among those network element had qualified on technical evaluation. Such requests for change of third party vendor shall be considered only under exceptional circumstances and need to have the specific approval of BSNL.


30. Limitation of Liability - The aggregate liability of the supplier under this tender shall be limited to 100% (one hundred percent) of respective contract (contemplated by the tender) price. Such limitation, however, shall not apply to liability arising out of (i) breach of Confidentiality or Intellectual Property related obligations under this Contract (ii) fraudulent or criminal acts or omissions or willful default.

Section 5C

General Conditions of AMC

1. Annual Maintenance Contract is to be entered into between the successful bidder and BSNL on completion of one year Warranty period. Warranty of equipment/ Units/ terminals shall start from the date on which the network is treated as commissioned

[2.] The bidder shall quote, as a lump sum year-wise comprehensive Annual Maintenance Contract for seven years which shall become effective at the end of the warranty period. The cost shall be quoted as a lump sum indicating the percentage. The cost quoted shall include visit of the engineers of the BidderasBidders and when required to


meet the conditions of AMC. No separate charges shall be paid for visit of engineers or attending to faults and repairs or supply of spare parts.

2.[3.] It shall be mandatory for the bidders to undertake the Annual maintenance contract for seven years to be signed at the time of acceptance of APO for entire quantity proposed to be ordered. The selected bidder has to submit a signed copy of the AMC agreement (Annexure-F) along with the A.P.O.

3.[4.] The Bidder shall, at the time of submitting the bid, specify the fault control center location and how the Bidder proposes to carry out repair and maintenance under AMC. The Bidder shall also indicate what spares will be kept in different locations. The infrastructure planned to be created by the Bidder to fulfill obligations under AMC and action plan to deal with the various situations arising out of hardware and software faults shall be clearly indicated.

4.[5.] The vendor may stock atleast5% of the various equipments and accessories as spares in the repair centers to meet the timelines specified during period of Warranty and AMC. The List of Spares planned to be kept in the repair center shall be submitted. BSNL reserves right to inspect and revise the list of spares region wise.

5.[6.] After the expiry of the annual maintenance Contract for seven years period, BSNL reserves the right to extend the agreement for a further period of 2 years at the mutually agreed negotiated terms and conditions. After 2 years, extension of this Agreement further shall be negotiable for the second term at the choice of BSNL depending on the performance of the bidder during the period of the initial term.

6.[7.] If the Purchaser is not satisfied with the performance of the SUPPLIER during AMC, it reserves the right to terminate the AMC during its currency, after giving three months notice to the SUPPLIER and in such an event the SUPPLIER shall hand over all the spares to the Purchaser as indicated above.

7.[8.] The support for planning, optimization and tuning after commissioning, whenever needed during Warranty / AMC shall be provided by supplier free of cost to the Purchaser.

8.[9.] The Performance Bank Guarantee against the P.O. will be released only after submission of PBG against AMC by bidder and its consortium partner(s) and fulfillment of other obligations of AMC or P.O. which are pre-requisite for release of the PBG.

9.[10.] Terms and conditions of AMC shall be applicable during Warranty period including imposition of penalties except that no charges for services provided under Warranty/ extended warranty shall be payable. Amount for penalties will be deducted from the pending payments against supplies or if that amount is insufficient then by invoking the PBG available against supply or AMC or from the charges due for AMC.

10.[11.] For this purpose the bidder shall quote all inclusive Comprehensive AMC with operations & Maintenance charges for each year. However, GST shall be paid extra as applicable. AMC charges shall be included in evaluation of price bid, by applying a discounted rate of 12% per year to arrive at the NPV (Net Present Value). The quote for AMC shall be as a % (percent) of equipment cost (excluding input tax credit under GST i.e net cost of BSNL) and it is mandatory to quote yearly charge in Rs. in a column in Section-9 of tender document.

11.[12.] The supplier shall provide the list of Repair Centers and designated Courier service/ agency with their addresses/ Tel. No./ Fax. No./ E-Mail etc. within 4 months from date of placement of P. O.


12.[13.] The supplier (including designated courier service/ agency) shall accept all the faulty equipment/ terminals/ units for repair or replacement within prescribed turnaround time.

13.[14.] The bidder and its consortium partner(s) shall submit performance bank guarantee as per value specified in Section 5-B towards fulfillment of obligations under AMC, in a prescribed Performa. The PBG shall be submitted at least two months in advance of date of start of AMC. The PBG shall be valid for a period of eight years. The PBG shall be extendable for a further period as required if there is any delay in start of AMC for any reason. For the additional equipment, the amount of PBG shall be increased at the same rate as indicated above, within a time period of one month of the date of such equipment getting covered under AMC.

14.[15.] The Performance Bank Guarantee against the P.O. will be released only after submission of PBG against AMC and fulfillment of other obligations of AMC P.O. which are pre-requisite for release of the PBG.

15.[16.] The Vendor shall make available a web based fault booking system to enable officer incharge/NOC to book the faults. The portal shall be designed in consultation with BSNL.

SECTION- 6 Part A

UNDERTAKING & DECLARATION Performa

for Understanding the Terms & Conditions of tender& Specifications of Work

A) Certified that:

1. I/ We ……………………………………. have read, understood and agree with all the terms and conditions, specifications included in the TENDER documents & offer to execute the contract at the rates quoted by us in the TENDER form.


2. If I/ We fail to enter into the agreement & commence the contract in time the EMD/ SD deposited by us will stand forfeited to the BSNL.

B) The Bidder hereby covenants and declares that:

1. All the information, Documents, Photo copies of the Documents/ Certificates enclosed along with the TENDER offer are correct.

2. If anything is found false and/or incorrect and/or reveals any suppression of fact at any time, BSNL reserves the right to debar our tender offer/ cancel the LOA/ Purchase/ work order if issued and forfeit the EMD/ SD pending with BSNL. In addition, BSNL may debar the Bidder from participation in its future TENDERs.

3. No addition/ deletion /correction have been made in the downloaded tender document being submitted and it is identical to the tender document appearing on website.

In case of any correction/addition/alteration/omission in the TENDER document, the TENDER bid shall be treated as non-responsive and shall be rejected summarily

Date: …………… …………………………………Signature of Bidder

Place: …………… Name of Bidder……………………………….

Along with date & Seal

SECTION 6PART B

NEAR RELATIONS CERTIFICATE

(Certificate to be given by the Bidder in respect of status of employment of his/ her near relative (s) in BSNL)

“I……………………………………….s/o…….…………………………………….r/o………………………………………………………………………………………………………………………………………………………………………………….hereby certify that none of my relative(s) as defined


in the Tender Document is/are employed in BSNL unit as per details given in Tender Document. In case at any stage, it is found that the information given by me is false / incorrect, BSNL shall have the absolute right to take any action as deemed fit/without any prior intimation to me.”

Signature of the Bidder with date and seal

SECTION- 7 (A) For the BIDSECURITY/ EMD Guarantee

(To be typed on Rs.100/- non-judicial stamp paper)

Dated: dd.mm.yyyySub: Bid Security/EMD guarantee.


Whereas M/s …………………………… office/at ……………… ………… ……………………………………… (Hereafter referred to as Bidder) has approached us for giving Bank Guarantee of Rs. ……………………/- (hereafter known as the “B. G. Amount”) valid up to …../……/ 20….. (hereafter known as the “Validity date”) in favour of DGM (MMT) BSNL CO, Delhi (Hereafter referred to as BSNL) for participation in the tender of work of …………………………………………….. vide tender no. ………………………………….

Now at the request of the Bidder, We ……………………………………… Bank …………………………Branch having ………………………………………… ………. .……………………………………. (Address) and Regd. office address as ……… ………...……………………………………………………………………… ……… ……… …………… (Hereinafter called ‘the Bank”) agrees to give this guarantee as hereinafter contained:

2. We the Bank do hereby undertake to pay the amounts due and payable under this guarantee without any demur, merely on a demand from the BSNL stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the BSNL by reason of breach by the said bidder(s) of any of terms or conditions contained in the said Agreement or by reason of the bidder (s) failure to perform the said Agreement. Any such demand made on the bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee where the decision of the BSNL in these counts shall be final and binding on the bank. However, our liability under this guarantee shall be restricted to an amount not exceeding the “B. G. Amount”.

3. We undertake to pay to the BSNL any money so demanded notwithstanding any dispute or disputes raised by the bidder(s) in any suit or proceeding before any court or tribunal relating thereto our liability under this present being absolute and unequivocal. The Payment so made by us under this bond shall be valid discharge of our liability for payment there under and the bidder(s) shall have no claim against us for making such payment.

4. We the Bank further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said agreement and that it shall continue to be enforceable till all the dues of the BSNL under or by virtue of the said Agreement have been fully paid and its claims satisfied or discharged or till BSNL Certifies that the terms and conditions of the said Agreement have been fully and properly carried out by the said bidder(s) and accordingly discharge this guarantee. Unless a demand or claim under this guarantee is made on us in writing or before the expiry of Validity date from the date hereof, we shall be discharged from all liability under this guarantee thereafter.

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

6. Notwithstanding anything herein contained:


(a) The liability of the Bank under this guarantee is restricted to the “B. G. Amount” and it will remain in force up to its Validity date specified above.

(b) The guarantee shall stand completely discharged and all rights of the BSNL under this Guarantee shall be extinguished if no claim or demand is made on us in writing on or before its validity date.

7. In case BSNL demands for any money under this bank guarantee, the same shall be paid through banker’s Cheque in favour of “AO (Cash) BSNL CO” payable at New Delhi.

8. The Bank guarantees that the below mentioned officer who have signed it on behalf of the Bank have authority to give this guarantee under its delegated power.

Place: ……………………………

Date: ………………………….. (Signature of the Bank Officer) Rubber stamp of the bank

Authorized Power of Attorney Number: ……………….Name of the Bank officer: …………………………….. Designation: ……………………………………

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

Telephone Numbers ……………………………..Fax numbers……………..

Section7(B)

Format for the Performance Bank Guarantee(To be typed on Rs.100/- non-judicial stamp paper)

Sub: Performance guarantee.Whereas AGM (MM) BSNL CO, Delhi office at …………………………..………… …………………..(hereafter referred to as BSNL) has issued an APO no. …………..………. Dated ……/……/20…..


awarding the work of …………… …… … ………………………………….. to M/s …………………..…………………………… R/o ………………………………………………………………… (hereafter referred to as “Bidder”) and BSNL has asked him to submit a performance guarantee in favour of DGM(MMT) BSNL CO, Delhi of Rs. …………..……/- (hereafter referred to as “P.G. Amount”) valid up to ……/……/20………(hereafter referred to as “Validity Date”)

Now at the request of the Bidder, We ……………………………………… Bank …………………………Branch having ……………………..…………………… ………. .……………………………………. (Address) and Regd. office address as ……… ………...……………………………………………………………………… ……… ……… …………… (Hereinafter called ‘the Bank”) agreed to give this guarantee as hereinafter contained:

2. We, “the Bank” do hereby undertake and assure to the BSNL that if in the opinion of the BSNL, the Bidder has in any way failed to observe or perform the terms and conditions of the said agreement or has committed any breach of its obligations there-under, the Bank shall on demand and without any objection or demur pay to the BSNL the said sum limited to P.G. Amount or such lesser amount as BSNL may demand without requiring BSNL to have recourse to any legal remedy that may be available to it to compel the Bank to pay the same.

3. Any such demand from the BSNL shall be conclusive as regards the liability of Bidder to pay to BSNL or as regards the amount payable by the Bank under this guarantee. The Bank shall not be entitled to withhold payment on the ground that the Bidder had disputed its liability to pay or has disputed the quantum of the amount or that any arbitration proceeding or legal proceeding is pending between Bidder and BSNL regarding the claim.

4. We, the Bank further agree that the guarantee shall come into force from the date of its issue and shall remain in full force and effect up to its Validity date.

5. The Bank further agrees that the BSNL shall have the fullest liberty without the consent of the Bank and without affecting in any way the obligations hereunder to vary any of the terms and conditions of the said agreement or to extend the time for performance of the said agreement from any of the powers exercisable by BSNL against the Bidder and to forebear to enforce any of the terms and conditions relating to the said agreement and the Bank shall not be relieved from its liability by reason of such failure or extension being granted to Bidder or through any forbearance, act or omission on the part of BSNL or any indulgence by BSNL to Bidder or any other matter or thing whatsoever which under the law relating to sureties would but for this provision have the effect of relieving or discharging the guarantor.

6. Notwithstanding anything herein contained ;(a) The liability of the Bank under this guarantee is restricted to the P.G. Amount

and it will remain in force up to its Validity date.(b) The guarantee shall stand completely discharged and all rights of the BSNL

under this Guarantee shall be extinguished if no claim or demand is made on us in writing on or before its validity date.

7. In case BSNL demands for any money under this bank guarantee, the same shall be paid through banker’s Cheque in favour of “AO (Cash) BSNL CO” payable at New Delhi.


8. The Bank guarantees that the below mentioned officer who have signed it on behalf of the Bank have authority to give this guarantee under its delegated power.

Place: ……………………………

Date: ………………………….. (Signature of the Bank Officer) Rubber stamp of the bank

Authorized Power of Attorney Number: ……………….Name of the Bank officer: …………………………….. Designation: ……………………………………

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

Telephone Numbers ……………………………..Fax numbers……………………………….

Section7(C)

Format for Letter of Authorization for attending Bid Opening

(To be typed preferably on letter head of the company)

Subject: Authorization for attending Bid opening

I/ We Mr. /Ms. …………………………………….. have submitted our bid for the tender no. ………………………….……… in respect of …………………… ………………………………………………………….. (Item of work) which is due to open on


…………………. (date) in the Meeting Room, O/o ………………………………………………………………………………….

We hereby authorize Mr. / Ms. ………………………………& Mr. / Ms…………….………… (alternative) whose signatures are attested below, to attend the bid opening for the tender mentioned above on our behalf.

…………………………………….Signature of the Representative

Name of the Representative …………………………………….Signature of the alternative Representative …………………………………………..Name of the alternative Representative

Above Signatures Attested

Signature of Bidder/ Officer authorized to signon behalf of the Bidder

Note 1: Only one representative will be permitted to attend the Bid opening

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


SECTION 7 (D)

Model Amendment Letter Intimating Conditions for Extension of Delivery Period(Refer to Appendix (i) to clause 15.3 of Section-5 Part A)

Registered A Due

Address of the purchaser----------------------------------------------------------------

ToM/s ………………………………..………………………………………

Sub: This office contract no………….. dated …………. placed on you for supply of …………………………………………………………………….

Ref :Your letter no……………………………… dated ……………….We are in receipt of your letter, wherein you have asked for extension/ further extension of time for delivery/ execution/ installation/ commissioning. In view of the circumstances stated in your above referred letter, the time of delivery can be extended from _______ (original/ last delivery period) to ____________ (presently agreed delivery period) subject to your unconditional acceptance of the following terms and conditions:

1. That, liquidated damages shall be levied in accordance with agreed clause 16.2 & 16.3 Section-5 Part A of terms and conditions of the tender/ PO.

2. That, notwithstanding any stipulation in the contract for increase in price on any ground, no such increase, whatsoever, which takes place after current last date of Delivery shall be admissible on such of the said goods as are delivered after the said date as per clause 12 Section-5 Part A.

3. That, the prices during this extended delivery period shall be provisional and shall be governed as per agreed clauses 12 and 24 of Section 5 Part A and shall be finalized in accordance with the current PO price or the current PO price with latest budget/ duty impact or the prices in the new tender (T.E. no. ………..) from the date of its opening, on whichever is lower basis.

4. An additional BG of Rs._____in accordance with clause 15.3, Section- 5PartA of the contract with validity up to _______.

5. An undertaking as required vide clause 24.3, Section-5A. Otherwise furnish the details as requisite in clause 24.4 section 5 Part A”

Please intimate your acceptance of this letter along with the additional BG within ten days of the issue of this letter failing which the contract will be cancelled at your risk and expense without any further reference to you. This letter shall form part and parcel of the agreement/ contract/ APO/ PO and all other terms & conditions of the contract remain unaltered.

Yours faithfully,(………………………)

for and on behalf of………..Note : The entries which are not applicable for the case under consideration are to be deleted.


SECTION 7 (E)Model Amendment Letter for Extension of Delivery Period

Appendix (ii) to clause 15.3 of Section-5 Part ARegistered Acknowledgement Due

Address of the purchaser--------------------------------

ToM/s ………………………………..………………………………………

Sub:This office contract no………….. dated …………. placed on you for supply of ………………

Ref : 1. Your letter no……………………………… dated …………. requesting DP extension2. This office letter no. ……………… dated …… intimating conditions for DP extension3. Your letter no………………….. dated ……. accepting the conditions for DP extension

In your above letter under reference (1), you have asked for extension/ further extension of time for delivery/ execution/ installation/ commissioning. The terms and conditions for extension of delivery period were conveyed to you vide this office letter under reference (2). In view of the circumstances stated in your above referred letter, and upon your unconditional acceptance of the terms and conditions of this extension vide your letter under reference (3), the time of delivery is hereby extended from _______ (last delivery period) to ____________ (presently agreed delivery period) on the terms and conditions in letter under reference (2) above and agreed by you vide letter under reference (3) i.e.:(a) Liquidated damages shall be levied in accordance with agreed clause 16.2 & 16.3

Section-5 Part A of terms and conditions of the tender/ PO.(b) Notwithstanding any stipulation in the contract for increase in price on any ground, no

such increase, whatsoever, which takes place after current last date of Delivery/ completion of work shall be admissible on such of the said goods as are delivered after the said date as per clause 12 Section- 5 Part A.

(c) The prices during this extended delivery period shall be governed as per clauses 12 and 24 of Section-5 Part A and shall be finalized in accordance with current PO price or the current PO price with latest budget/ duty impact or the prices in the new tender (T.E. no. ………..) from the date of its opening, on whichever is lower basis.

The letters under reference above and this letter shall form part and parcel of agreement/ contract/ APO/ PO and all other terms & conditions of the contract remain unaltered.

Yours faithfully,(………………………)

for and on behalf of………..Copy to :…………………..………………….. (All concerned)Note:- The entries which are not applicable for the case under consideration are to be deleted.


Section 7-(F)

Consortium Agreement(On Rs. 100 Non-Judicial Stamp Paper)

In compliance to Clause No.…..of Tender No. …..dated, a consortium has been formed on <Date>between <Bidder’s Name> and <OEM name> to meet various eligibility conditions and experience criteria specified in the Tender No___________, dated_______.

It has been agreed among bidder and the consortium partner that <Bidder’s Name> is designated to submit the Bid on behalf of this consortium and henceforth called as Bidder. “Lead Bidder” and the “Bidder” have been used interchangeably. It is also confirmed that both the members of the said consortium meet the eligibility conditions as specified in the above referred tender and have authorized the “Lead bidder” by way of duly executed power of attorney in his favour to act on their behalf.

It has been agreed that both the bidder as well as consortium partner shall furnish separate Performance Bank Guarantees (PBGs) for Purchase order (PO) as well as for AMC, each for an amount specified in the Section 5 B of tender.

It has also been agreed that the in its capacity as lead Bidder, <Bidder’s Name> will interact with BSNL for all obligations.

The Lead bidder and consortium partner shall be liable for due performance of the contract jointly and severally, whereas the responsibility of Consortium Partner other than lead bidder, shall be limited to such Consortium Partner share of obligations in the contract for products and /or services as defined in the agreement signed between the Lead Bidder and Consortium Partner and is in accordance with the tender requirements.

The details of Bidder and consortium partner are as under:-<Bidder Name>:- <Details containing Registered office & correspondence address><Consortium Partner >:- <Details containing Registered office & correspondence address>::IN WITNESS WHEREOF the parties have caused this AGREEMENT to be executed by their duly authorized officers as of the day first above writtenFor <Bidder’s Name>Signature of Authorized SignatoryName:-Designation:-Contact Phone:-Email-ID:-Date:-Witness-1Signature:-Name:-Designation:-Contact Phone:-Email-ID:-Date:

For<Consortium Partner>Signature of Authorized SignatoryName:-Designation:-Contact Phone:-Email-ID:-Date:-Witness-1Signature:-Name:-Designation:-Contact Phone:-Email-ID:-Date:-


SECTION 7 (G)

(Support Certificate)(On the Bidder’s Letter Head)

To,Tendering AuthorityBSNL

Subject: Tender for Supply, Installation, Commissioning, Operation and Maintenance of MSAN on turnkey basis.

Sir,

It is to certify that the following hardware/software, for which M/s ……………. is the OEM, has been quoted in our (M/s ……..name of the bidder………) bid.

S.N All Hardware/ Network/ Software System Model/ Version1234…

We undertake to provide the following:

[1.] Full Professional Service Support for turnkey implementation of the project covering all the above hardware/network/ software components, their Planning, Installation, commissioning & integration with other components of the project, migration, training, Operation of system and project completion within the time schedules specified in the tender document.

1.[2.] Preparation of all the documentation pertaining to planning, design, engineering, customization, integration, installation, operations and maintenance.

2.[3.] Support for implementation, operation, maintenance and upgrades is available as per terms and conditions of Operation during warranty (1 year) and AMC (7 years).

3.[4.] Applications shall be supported on the given platform (including OS and quoted Database) during warranty period of 1 year and AMC period of 7 years, and that patches, release, updates and upgrades shall be made available on this platform (including OS and quoted Database) for this period.

4.[5.] It has been agreed that in his capacity as Bidder, M/s…………………………… will interact with BSNL for all obligations.

We also certify that the agreement in the above respect has already been signed with the OEM.__________________________________

Signature of Authorized signatory of OEM/ Country Manager of OEMName & Designation

Signature of Authorized signatory of BidderName & Designation

Section 7 (H)


(Sizing Certificate)(To be given by software application OEM/SSP)

To

Tendering authorityBSNL

Subject: Tender for Supply, Installation, Commissioning, Operation and Maintenance of MSAN-Certificate from OEM (ISV) about sizing of hardware with OEM’s application software.

Sir,

1. This is to certify that the solution and following hardware sizing quoted in the bid of M/s ………….(Name of the Bidder………..), for the applications (including all the modules), for which our company, M/s …………………..is the OEM, is sufficient to meet all the requirements mentioned in the tender. The details of the Applications and Hardware are as under:

Product Sizing

S.N. Application Software Name

ApplicationVersion

HardwareRequired(CoreClock speed,type/make, RAM)

Platform Detailsincluding OSwith version &Database withversion

Licenses Required(for software OEM)

This is to also to certify that this application/software(s) has been ported &runningon quoted OS minimum last 6 months as on date of bid submission.

Signature of Authorized Signatory of OEM/Country Manager of OEM/SSPName

Signature of Authorized Signatory of HW/OEM/Country Manager of OEMName

Signature of Authorized signatory of BidderName & Designation

SECTION 7 (I)

INTEGRITY PAC T AGREEMENT


To be signed on plain paper by Both BSNL and the Bidder

This Integrity Pact Agreement is made on ___ day of ____, 2011, by and between:Bharat Sanchar Nigam Limited (BSNL) (hereinafter referred to as “The Principal”)And ……………………………….. (hereinafter referred to as “The Bidder/Contractor”)Each of the Principal and the Bidder shall be individually referred to as the “Party” and collectively as the “Parties”.PreambleA. The Principal intends to award, under laid down organizational procedures, contract/s for…………………………. (“Tender”). 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 .B. In order to achieve these goals, the Principal will appoint an Independent External Monitor (as hereinafter defined) who will monitor the Tender process and the execution of the contract for compliance with the principles mentioned above.Section 1 – Commitments of the Principal1.1 The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles:-1.2 No employee of the Principal, personally or through family members, will in connection

with the Tender for, or the execution of a contract, demand, take a promise for or accept, for him/herself or third person, any material or immaterial benefit which he/she is not legally entitled to.

1.3 The Principal will, during the Tender process treat all Bidder(s) with equity and reason. The Principal will in particular, before and during the Tender process, provide to all Bidder(s) the same information and will not provide to any Bidder(s) confidential/additional information through which the Bidder(s) could obtain an advantage in relation to the tender process or the contract execution.

1.4 The Principal will exclude from the process all known prejudiced persons. 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 Corporate Vigilance Office of BSNL (“Corporate Vigilance Office”) and in addition can initiate disciplinary actions.Section 2 – Commitments of the Bidder(s)

2.1 The Bidder(s) commits itself to take all measures necessary to prevent corruption. He commits himself to observe the following principles during his participation in the Tender process and during the contract execution.

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

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

2.3 The Bidder(s) will not commit any offence under the relevant applicable laws include the anti-corruption laws of India; further the Bidder(s)/Contractor(s) will not use improperly, for purposes of competition or personal gain, or pass on to others, any information or document provided by the Principal as part of the business relationship, regarding plans, technical proposals and business details, including information contained or transmitted electronically.


2.4 The Bidder(s)/ will, when presenting his Bid, disclose any and all payments he has made, is committed to or intends to make to agents, brokers or any other intermediaries in connection with the award of the Contract.

2.5 The Bidder(s) will not instigate third persons to commit offences outlined above or be an accessory to such offences.

Section 3 – Disqualification from Tender process and exclusion from future contractsIf the Bidder(s) before award of the Contract or during execution of the Contract has committed a transgression through a violation of Section 2, above or in any other form such as to put his reliability or credibility in question, the Principal is entitled to disqualify the Bidder(s)/Contractor(s) from the tender process or take action as per the defined procedure.

Section 4 – Compensation for Damages4.1 If the Principal has disqualified the Bidder(s) from the Tender process prior to the award

of the Tender, according to Section 3, the Principal is entitled to demand and recover the damages equivalent to Bid Security.

4.2 If the Principal has terminated the Contract in accordance with Section 3, or if the Principal is entitled to terminate the Contract according to Section 3, the Principal shall be entitled to demand and recover from the Contractor the amount equivalent to Performance Security in addition to any other payments as per terms and conditions of the Tender Document.

Section 5 – Previous transgression5.1 The Bidder declares that no previous transgression occurred in the last 3 years with any

other Company in any country conforming to the anti-corruption approach or with any other public sector enterprise in India that could justify his exclusion from the Tender process.

5.2 If the Bidder makes any incorrect, contrary to the provisions of this Section 5, , he can be disqualified from the Tender process or action can be taken as per the defined procedure.

Section 6 – Equal treatment of all Bidders/ Subcontractors6.1 The Principal will enter into agreements with identical conditions as this one with all

Bidders6.2 The Bidder(s) undertake(s) to demand from all subcontractors a commitment in

conformity with this Integrity Pact Agreement. 6.3 The Principal will disqualify from the Tender process all bidders who do not sign this

Integrity Pact Agreement or violate its provisions. Section 7 – Criminal charges against violating Bidder(s)/ Subcontractor(s)

If the Principal obtains knowledge of conduct of a Bidder, or Subcontractor, or of an employee or a representative or an associate of a Bidder, or Subcontractor, which constitutes a violation of the terms and conditions of stated herein, or if the Principal has substantive suspicion in this regard, the Principal will inform the Corporate Vigilance Office.

Section 8 – Independent External Monitor 8.1 The Principal appoints competent and credible independent external Monitor for this

Integrity Pact Agreement (“Independent External Monitor”). The task of the Independent External Monitor is to review independently and objectively, whether and to what extent the Parties comply with the obligations under this Integrity Pact Agreement.

8.1 The Independent External Monitor is not subject to instructions by the representatives of the Parties and performs his functions neutrally and independently. He reports to the CMD of the BSNL.

8.2 The Bidder(s) accepts that the Independent External Monitor has the right to access without restriction to all project documentation of the Principal including that provided by its sub-contractor. The Bidder will also grant the Independent External Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access


to his project documentation. The same is applicable to the subcontractors of the Bidder. The Independent External Monitor is under contractual obligation to treat the information and documents of the Bidder(s)/ Subcontractor(s) with confidentiality.

8.4 Notwithstanding anything contained in this Section, the Bidder(s) shall have no obligation whatsoever to provide any internal costing mechanisms or any internal financial or commercial data pursuant to any audit or review conducted by or on behalf of the Principal. Further, the Bidder(s) shall not be required to provide any data relating to its other customers, or any personnel or employee related date.

8.5 The Principal will provide to the Independent External Monitor sufficient information about all meetings among the Parties related to the project provided such meetings could have an impact on the contractual relations between the Principal and the Bidder. The Parties offer to the Independent External Monitor the option to participate in such meetings.

8.6 As soon as the Independent External Monitor notices, or believes to notice, a violation of this Integrity Pact Agreement, he will so inform the management of the Principal and request the management to discontinue or take corrective action, or to take other relevant action. The Independent External Monitor can in this regard submit non-binding recommendations. Beyond this, the Independent External Monitor has no right to demand from the Parties that they act in a specific manner, refrain from action or tolerate action.

8.7 The Independent External 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.

8.8 If the Independent External Monitor has reported to the CMD of the BSNL, a substantiated suspicion of an offence under Applicable Laws including relevant anti-corruption laws of India, and BSNL has not, within reasonable time, taken visible action to proceed against such offence or reported it to the Corporate Vigilance Office, the Independent External Monitor may also transmit this information directly to the Central Vigilance Commissioner, Government of India.

8.9 The word Independent External ‘Monitor’ would include both singular and plural.

Section 9 – Term 9.1 This Integrity Pact Agreement shall commence upon the date of signature by BSNL and

shall continue (a) for the Successful Bidder for a period of 12 months after the last payment has been made by the Principal to the Successful Bidder under the Contract, and (ii) for all other Bidders 6 months after the Contract has been awarded to the Successful Bidder (“Term”).

9.2 If any claim is made/ lodged during this time, the same shall be binding and continue to be valid despite the lapse of this Integrity Pact Agreement as specified above, unless it is discharged/determined by CMD, BSNL.

Section 10 – Other provisions10.1 This Integrity Pact Agreement is subject to the laws of India. The place of performance

and jurisdiction is the registered office of the Principal, i.e. New Delhi. The arbitration clause provided in the Tender Document / contract shall not be applicable for any issue /dispute arising under Integrity Pact Agreement.

10.2 Changes and supplements as well as termination notices need to be made in writing. 10.3 Should one or several provisions of this Integrity Pact Agreement turn out to be

invalid, the remainder of this Integrity Pact Agreement remains valid. In this case, the parties will strive to come to an agreement to their original intention.

10.4 Capitalised terms not defined in the Integrity Pact Agreement shall have the meaning assigned to it in the Tender.

-------------------------------- ---------------------------------- For the Principal For the Bidder/Contractor


Place…………………… Witness 1 : ……………………

Date …………………… Witness 2 : ……………………

Section 7 (J)

Format of Non Disclosure Agreement (NDA)

(To be typed on Rs.100/- non-judicial stamp paper)

This Agreement is made as of the ------------- 2015 between BHARAT SANCHAR NIGAM LIMITED (BSNL) a Government of India Enterprise, having its Corporate office at Bharat Sanchar Bhawan, H.C. Mathur Lane, Janpath, New Delhi which expression shall unless repugnant to the subject or the context 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 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 1 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 certain specifications, designs, plans, drawings, software, prototypes and/or technical information, and all copies and derivatives containing such Information, that may be disclosed to one another for and 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 be subject to this Agreement, if it is in tangible form, only if 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 reasonably 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

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 and 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. Furthermore, 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 trademark, patent, copyright, 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. That in case of any dispute or differences, breach & violation relating to the terms of the Agreement. The said matter or dispute, difference shall be referred to sole arbitration of Chairman and Managing Director ( CMD) of BSNL or any other person appointed by him. That the award of the arbitrator shall be final and binding on both the parties. In the event of such Arbitrator to whom the matter is originally referred to is being transferred or vacates his office on resignation or other wise or refuses to do work or neglecting his work or being unable to act as Arbitrator for any reasons whatsoever , the CMD BSNL shall appoint another person to act as Arbitrator in place of out going Arbitrator and the person so appointed shall be entitled to proceed further with the reference from the stage at which it was left by his predecessor. M/s ---------------------------------------------------------------------------------------- will have no Objection in any such appointment, that arbitrator so appointed is employee of BSNL. The said Arbitrator shall act under the Provisions of the Arbitration and conciliation Act, 1996 or any statutory modifications or re-enactment there of or any rules made thereof.

12. This Agreement and Exhibit A attached 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.

13. This Agreement will remain in effect for five 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 IMITED

Signature:_____________ Signature:____________

Printed Name: _________ Printed Name:___________

Title:________________ Title:________________________

Exhibit A

1. Business Purpose :Tender forSupply, Installation, Commissioning, Operation and Maintenance of Broadband Network Gateway and associated subscriber Policy Manager& Authentication platform on turnkey basis

2. Confidential Information of M/s - __________________________________

3. Confidential Information of Bharat Sanchar Nigam Limited(BSNL):


All information shared, in oral or in written form, by BSNL with M/s _________________________________________________________

Number of subscriptions, consumption pattern etc

M/s ___________________________ Signed

Section 8

Bidder’s profile & QuestionnaireTenderer / Bidder’s Profile & Questionnaire

(To be filled in and submitted by the bidder)

A) Tenderer’s Profile

1. Name of the Individual/ Firm: ………………………………………………2. Present Correspondence Address …………………………..……………… …………..…………………………………………………………………………

…………………………..…………………………………………………………Telephone No. …………………………….. Mobile No. ………………………... FAX No. …………………………………………………………………………

3. Address of place of Works/ Manufacture ……….…………….………………………………………………. ………………… ………………….……………………………………………………………………Telephone No. ..……………………….. Mobile No. ……………………………


4. State the Type of Firm: Sole proprietor-ship/partnership firm / (Tick the correct choice): Private limited company.

5. Name of the sole proprietor/ partners/ Director(s) of Pvt. Ltd Co.: S. No. Name Father’s Name Designation1.

2.

3.

4.

5.

6. Name of the person authorized to enter into and execute contract/ agreement and the capacity in which he is authorized (in case of partnership/ private Ltd company): …………………………………………………………………………………………………………………………………..………………………………………………………….

7. Permanent Account No. : ………………………………………………………8. Details of the Bidder’s Bank for effecting e-payments:

(a) Beneficiary Bank Name:………………………………(b) Beneficiary branch Name:…………………………….(c) IFSC code of beneficiary Branch……………………..(d) Beneficiary account No.:……………………………….(e) Branch Serial No. (MICR No.):………………………...

9. Whether the firm has Office/ works (i.e. manufacture of the tendered item) in Delhi? If so state its Address …………………………………………………………………………………………………………………………………………………………………………

B) Questionnaire1. Do you think any other detail/ material is required to complete the work specified

in the specification? Yes/ No.1.1 If Yes, Give details

………………………………………………………………………………………………………………………………………………………………………………

2. Do you think any other item of work need be included in tender form to complete the work specified in the specification? Yes/ No.

2.1 If Yes, Give details………………………………………………………………………………………………………………………………………………………………………………3. Kindly indicate the maximum Quantity of tendered material which you are capable of

supplying within the scheduled delivery period.Name of the tendered Item Qty that can be supplied by the firm

within scheduled delivery period.

4. Suggestion for improvement of the tender document.……………………………………………………………………………………….……………………………………………………………………………………….…………………………………………………………………………………….


Place………… Signature of contractor ………………………

Date …………………. Name of Contractor ……………………………


SECTION-9 Part-A

BID FORM

To From,…………………………………………. ……………………………………….< complete address of the purchaser> <complete address of the Bidder>…………………………………………. ………………………………………………………………………… …………………………………

Bidder’s Reference No:……………....………………… …Dated…………………….

Ref: Your Tender Enquiry No ……………………………………………………………dated ……………………..

1. Having examined the above mentioned tender enquiry document including amendment/ clarification/ addenda Nos. ...................... dated …………….. ……………the receipt of which is hereby duly acknowledged, we, the undersigned, offer to supply and deliver .............................................. in conformity with the said drawings, conditions of contract and specifications for the sum shown in the schedule of prices attached herewith and made part of the financial Bid.

2. Bid submitted by us is properly sealed and prepared so as to prevent any subsequent alteration and replacement.

3. We agree to abide by this Bid for a period of ……….days from the date fixed for Bid opening or for subsequently extended period, if any, agreed to by us. This bid shall remain binding upon us up to the aforesaid period.

4. We understand that you are not bound to accept the lowest or any bid, you may receive.

5. If our Bid is accepted, we will provide you with a performance guarantee also from a consortium partner (as applicable) from a Scheduled Bank for a sum as mentioned in section 5 B of tender for the due performance of the contract.

6. If our Bid is accepted, we undertake to complete delivery of all the items and perform all the services specified in the contract in accordance with the delivery schedule specified in the Section-2 (Tender Information).

7. Until a formal Purchase Order of Contract is prepared and executed, this Bid together with your written acceptance thereof in your notification of award shall constitute a binding contract between us.

Dated: ....... day of ................... 20…

Signature ………………………….Witness Name ……………………………..Signature…………………………. In the capacity of ………………………….Name …………………………….. Duly authorized to sign the bid for

and onAddress ...................................... behalf of ..............................................


SECTION-9 Part-B

Part I - Price Schedule for Indigenous Equipment

S.No SoR Item Description Total quantity

Basic Unit Price excluding all

taxes &

charges

FF packing GST

All inclusive Unit cost

Amount of Input tax Credit (ITC ) to be availed by BSNL

Unit price excluding ITC amount (net unit cost to BSNL)

Total price inclusive of all levies and charges but excluding ITC (net total cost)

HSN for goods and SAC for services

CGST SGST IGST

Rate

*

Amou

nt

Rate

Amou

ntRa

teAm

ount

Rate

Amou

nt

1 2 3 4 56=5x4 7

8=7x(4+6) 9

10=9x(4+6) 11

12=11x(4+6)

13=4+6+ [(8+ 10) or 12]

14=(8+ 10) or 12

15=13-14

16=3x15 17

1 MSAN Hardware- Access Node including rack/ Chassis, Control, uplink, power cards & other accessories (excluding Line Subscriber Cards)

9375

1.1 MSAN Software 1.2 Interface per MSAN Chassis

1.3VDSL2 vectoring Line card (with Subscriber cable) (minimum 32 port)

18750


1.4 GPON line cards (with Patch cord) (minimum 4 port)

3750

1.5 POTs Card (with Subscriber cable) (minimum 64 port)

9375

1.6 Outdoor rack 37501.7 UPS (for outdoor rack) with batter

back up of 2 hrs3750

2 VDSL2 Vectored CPE along with all

accessories50000

3 GPON ONT with all accessories 100000 4 Splitters4.1 1:8 Splitter 37504.2 1:16 Splitter 3750 5 5% spare cards (Power card,

Control card, Uplink card, VDSL2 vectoring Line card, GPON line cards, POTs Card)

6 eMS for NOC and DRNOC6.1 eMS Hardware (Main Site at

Bangalore) (N+N)1 set

6.2 eMS Hardware (DR Site at Pune) (N+N)

1 set

6.3 eMS Software (for Main + DR) 1 set 7 Installation & Commissioning

service (Minimum 7% of the cost of hardware and software)

1 set


8.1 Comprehensive AMC for 7 years (Minimum 7% of the cost of hardware and software per year)

i. AMC for Year 1 1 setii AMC for Year 2 1 setiii AMC for Year 3 1 setIv AMC for Year 4 1 setV AMC for Year 5 1 setVi AMC for Year 6 1 setvii AMC for Year 7 1 Set 9 Documentation9.1 Hard Copy (one at Bangalore and

one at Pune)2 set

9.2 Soft Copy (one at Bangalore and one at Pune)

2 set

10 Any other item required Bidder

to specify and quote in price bid

Note:

1. “We hereby declare that in quoting the above prices, we have taken into account the entire credit on inputs available under the MODVAT SCHEME introduced w.e.f. 1st March 1986 and further extended on more items till date”.

2. If Annual maintenance Contract charges are required to be quoted as per SOR, basic charges should be shown in column-4 & the service tax in column 11 & 13.


3. “We hereby certify that E.D/Customs Tariff Head shown in column 18/21 are correct & CENVAT Credit for the amount shown in column 13 above are admissible as per CENVAT Credit Rules 2004”.

4. The bidder shall quote separately for hardware and software as per special conditions of contract.5. The bidder submitted the offer with concessional E.D/sales tax shall submit the proof of applicable concessional ED/Sales Tax.

Special Instructions:

[1.] The bidder shall submit the detailed breakup of the material list upto the card level& SFP and software module level along with the cost of each item upto card level, SFP and software Module level given above in a separate Annexure. In the case of software, the bidder shall also provide the breakup of per-user/per interface/per device software license as applicable.

1.[2.] The bidder shall include any other hardware/software item required for installing, commissioning the system & commercial launch of service.

2.[3.] Any other item not covered above but essential for successful completion of project on turnkey basis should also be added in the price schedule and its details should be given in the separate Annexure.

3.[4.] In case it is found that any item not provided in the bid is needed for successful implementation of the project, will have to be supplied by the bidder free of cost

SECTION-9 Part-B (II)

Price Schedule for Imported Equipment


Custom DutyF.F.P. &

I charges

GSTS.

No

SoR

Item

Des

crip

tion

Tota

l qua

ntity

Asse

ssab

le v

alue

for

com

puta

tion

of C

usto

m D

uty

BCD

EC and

SHEC (cesse

s)

IGST

Basic

Uni

t Pric

e of

bid

der

to B

SNL

inclu

ding

BCD

, Ces

ses,

othe

r lo

gist

ics to

bid

der (

but e

xclu

ding

IGST

pai

d un

der C

ol. 1

0) F.F.P. & I

charges

All i

nclu

sive

Unit

cost

Amou

nt o

f Inp

ut ta

x Cr

edit

(ITC

) to

be a

vaile

d by

BSN

L

Unit

price

exc

ludi

ng IT

C am

ount

(Net

uni

t cos

t to

BSNL

)

Tota

l pric

e in

clusiv

e of

all

levi

es a

nd c

harg

es b

ut

exclu

ding

ITC

(net

tota

l cos

t)

CTH

Code

HSN

for g

oods

and

SAC

for s

ervi

ces

Rate

Amou

ntRa

teAm

ount

Rate

Amou

nt

Rate

#

Amou

nt

CGST* SGST* IGST*

Rate

Amou

nt

Rate

Amou

nt

Rate

Amou

nt

1 2 3 4 5 6=5x4

7 8=7x6

9 10= 9x

(4+6+8)

11 12 13=12x11

14 15=14x (11+13

)

16 17=16x (11+13

)

18

19=18x

(11+13)

20=11+13

+[(15+17) or

19]

21=[(15+17) or 19]

22= 20-21

23= 3*22

24

25

1 MSAN Hardware- Access Node including rack/ Chassis, Control, uplink, power cards & other accessories (excluding Line Subscriber Cards)

9375

1.1 MSAN Software


1.2 Interface per MSAN Chassis

1.3VDSL2 vectoring Line card (with Subscriber cable) (minimum 32 port)

18750

1.4GPON line cards (with Patch cord) (minimum 4 port)

3750

1.5POTs Card (with Subscriber cable) (minimum 64 port)

9375

1.6 Outdoor rack 3750

1.7UPS (for outdoor rack) with batter back up of 2 hrs

3750

2 VDSL2 Vectored CPE

along with all accessories

50000

3 GPON ONT with all

accessories100000

4 Splitters4.1 1:8 Splitter 37504.2 1:16 Splitter 3750 5 5% spare cards (Power

card, Control card, Uplink card, VDSL2 vectoring Line card, GPON line cards, POTs Card)

6 eMS for NOC and

DRNOC of 184


6.1 eMS Hardware (Main Site at Bangalore) (N+N)

1 set

6.2 eMS Hardware (DR Site at Pune) (N+N)

1 set

6.3 eMS Software (for Main + DR)

1 set

7 Installation &

Commissioning service (Minimum 7% of the cost of hardware and software)

1 set

8 Comprehensive AMC for

7 years (Minimum 7% of the cost of hardware and software per year)

i. AMC for Year 1 1 setii AMC for Year 2 1 setiii AMC for Year 3 1 setIv AMC for Year 4 1 setV AMC for Year 5 1 setVi AMC for Year 6 1 setvii AMC for Year 7 1 Set 9 Documentation9.1 Hard Copy (one at

Bangalore and one at Pune)

2 set

9.2 Soft Copy (one at Bangalore and one at Pune)

2 set


10 Any other item required

Bidder to specify and quote in price bid

Note:

1. “We hereby declare that in quoting the above prices, we have taken into account the entire credit on inputs available under the MODVAT SCHEME introduced w.e.f. 1st March 1986 and further extended on more items till date”.

2. If Annual maintenance Contract charges are required to be quoted as per SOR, basic charges should be shown in column-4B & the service tax in column 11 & 13.

3. “We hereby certify that E.D/Customs Tariff Head shown in column 18 are correct & CENVAT Credit for the amount shown in column 13 above are admissible as per CENVAT Credit Rules 2004”.

4. The bidder shall quote separately for hardware and software as per special conditions of contract.5. The bidder submitted the offer with concessional E.D/sales tax shall submit the proof of applicable concessional ED/Sales Tax

Special Instructions:

1. The bidder shall submit the detailed breakup of the material list upto the card level& SFP and software module level along with the cost of each item given aboveupto card level, SFP and software Module level in a separate Annexure. In the case of software, the bidder shall also provide the breakup of per-user/per interface/per device software license as applicable.

2. The bidder shall include any other hardware/software item required for installing, commissioning the system & commercial launch of service.

3. Any other item not covered above but essential for successful completion of project on turnkey basis should also be added in the price schedule and its details should be given in the separate Annexure.

4. In case it is found that any item not provided in the bid is needed for successful implementation of the project, will have to be supplied by the bidder free of cost


Section 10

DRAFT AGREEMENT WITH REGARD TO SECURITY REQUIREMENTS

This AGREEMENT is made and entered into at New Delhi on this the ___________ day of __________________, 2018.

BY AND BETWEENBharat Sanchar Nigam Limited, a company incorporated under the Companies Act, 1956 and having its registered office at 2nd Floor, Bharat Sanchar Bhawan, HC Mathur Lane, Janpath, New Delhi 110001(hereinafter referred to as “BSNL” or the “TSP”, which expression shall, unless repugnant to the context or meaning thereof, include its successors and permitted assigns) of the FIRST PART;

AND[●], a company incorporated under the Companies Act, 1956 and having its registered office at [●] (hereinafter referred to as the “Supplier” or the “Vendor”, which expression shall, unless repugnant to the context or meaning thereof, include its successors, and permitted assigns) of the OTHER PART.

(BSNL/TSP and the Supplier/Vendor shall be collectively called as the “Parties” and individually a “Party”.)

RECITALS

A. The Vendor has been awarded the Tender bearing no [●] for the [●] (“Contract”). B. Pursuant to the provisions of Clause [●] of Part [●] of Section [●] of the Contract, the

Parties are executing this Agreement, subject to the terms and conditions as provided hereinafter.

NOW THEREFORE, IN CONSIDERATION OF MUTUAL REPRESENTATIONS, COVENANTS AND OTHER VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HEREBY AGREE AS FOLLOWS:

i. With a view to help and address the business continuity, communication, security and security managementofBSNL’snetworksinrespectofequipment/products/software/ services, the parties here to are desirous of recording the terms and conditions asset forth in this Agreement.

ii. This Agreement would be read in conjunction with the respective contractualagreements BSNL and the Vendor, which they have for the supply of Equipment/Products and Services.Incaseofanyconflict,theconditionsofthisagreementshallprevail.

1. Definition of terms & expressionsUnless the context otherwise requires, the different terms and expression used shall have the meaning assigned to them for the purpose of this agreement in the following paragraphs.

a) “Access”-interconnection with BSNL Systems or access to or use of BSNL Information stored on BSNL Systems through interconnection with BSNL Systems or access to or use of BSNL Information stored on Vendor Systems or access to or use of BSNL Information stored in any mobile device.


b) “Authorized” –BSNL has approved Access as part of the authorization process and the Vendor Security Contact has a record of this authorization. “Authorization” shall be construed accordingly.

c) “Commencement Date” and “End Date” means the date the agreement is executed and the date when the validity or term of this contract ends or terminated.

d) “Contract Personnel” means dedicated resources of the Vendor in terms of employees, subcontractors including employees of subcontractors and agents including agent’s subcontractors and their employees engaged for the purpose of this Agreement.

e) “NAIF” means Network Authorization and Interconnect Facility is a procedure for registration of global network interconnect between BSNL and external companies.

f) “Sensitive Information” means any BSNL Information marked as classified as per BSNL’s data classification policy or deemed business critical. This also includes any other data, or element of information, notified as such by the Government (e.g. IT Act 2000).

g) “Security Standards” means all the relevant contemporary standards associated with national and international security standard related to IT & Telecom equipment hardware and software and those related to information & communication security, including but without limitation to ISO 27000 series, ISO/IEC 15408, 3GPP, 3GPP2, WiMAX etc. applicable at the time of bidding.

h) “Subcontractor” any person, partnership or corporation with whom the Vendor places a contract and/or an order for the supply of any equipment, item, service or for any work in relation to the purpose of this Agreement. "Subcontract" shall be construed accordingly.

i) “Supplies” means all components, materials, plant, tools, test equipment, documentation, hardware firmware, Software, spares parts, services and all the things &items to be provided to BSNL pursuant to the Agreement together with all Information and Work the Agreement requires to be supplied or performed for BSNL.

j) “Term” means the term of this Agreement from the [Commencement Date] to [End Date].

k) “BSNL” means Bharat Sanchar Nigam Limited, a Telecom Service Provider licensed under section 4 of Indian Telegraph Act 1885 by the Licensor, Government of India

l) “BSNL Group Security” means the security organization based within BSNL Group Company.

m) “BSNL Information” means all data including data, text, image, sound, voice, codes, circuit diagrams, core & applications software and database, intellectual property as well as personal, public, operational and services data in BSNL’s custody which is and /or received which are supplied/ shared with Vendor for the purpose of this Agreement or are obtained by the Vendor on behalf of BSNL.

n) “BSNL Items” -all items provided by BSNL to the Vendor and all items held by the Vendor which belong to BSNL.


o) “BSNL Regulatory Contact” means in-charge of BSNL Regulatory Operations or such other person whose details shall be notified by BSNL to the Vendor from time to time.

p) “BSNL Security Contact” means in-charge of BSNL Security Operations Centre or such other person whose details shall be notified by BSNL to the Vendor from time to time.

q) “BSNL Systems” means any BSNL computer, application, databases, network infrastructure, network elements and appliances, core and applications software, which is subject to the contract or such other systems as may be agreed in writing from time to time between BSNL and the Vendor.

r) “Vendor” means who supplies Equipment, Software and/or managed services to BSNL for the purpose of installation, provision, operations and/or maintenance of BSNL’s networks.

s) “Vendor Security Contact” means such person whose details shall be notified by the Vendor to BSNL from time to time for such purpose.

t) “Vendor Regulatory Contact” means such person whose details shall be notified by the Vendor to BSNL from time to time for such purpose.

u) “Vendor Systems” means any Vendor owned computer hardware or software, application database or network elements / appliance or such other systems as may be agreed in writing from time to time by BSNL and the Vendor.

2. ScopeThis Agreement sets out the provisions under which the Vendor will be able to supply equipment and services and be granted Access to BSNL Systems, network, equipment, data and facilities and BSNL Information including Sensitive Information for the purpose of installation, provision, operations and maintenance by the Vendor.

3. International Security Standard CertificationThe Vendor and the supplied equipment shall have contemporary relevant Security standard certification and shall comply with the provisions of security standards certification w.r.t. Telecom & IT equipment hardware and software and those related to information & communication security management, such as ISO 15408 standards as applicable to IT and IT related products, ISO 27001 for Information Security Management System, standards used by other relevant standard formulation bodies for Telecom equipment like 3GPP,3GPP2, ITU standard etc. or equivalent acceptable international standards or certification.

4. Security Requirements: The vendor shall comply with following security policies:

4.1 GENERAL4.1.1 The Vendor shall be authorized to access only BSNL Systems and Information in

accordance with the provisions of this Agreement and only during the term of this Agreement.

4.1.2 The vendor shall identify to BSNL details of Vendor Security Contact at the Commencement Date who will act as a single point of contact for BSNL, such as a


senior manager or CIO responsible for security, for any security issues as and when required by BSNL.

4.1.3 The authorization of the security contact and any changes in the personnel would be notified by the Vendor for the information and for the approval (wherever applicable) of BSNL.

4.1.4 The Vendor shall follow an Information Security policy compliant with latest security standards applicable to his area of operation.

4.1.5 The Vendor shall implement the provisions of BSNL information security policy (along with updates), to the extent applicable for their area of operation. If the Vendor has an issue, the same can be raised with BSNL, however BSNL’s decision shall be final in this regard.

4.1.6 The Vendor shall be completely responsible for its security personnel and sub-contractors.

4.1.7 The Vendor shall conduct a Risk Analysis and ensure that all risks due to its own and subcontractors’ operations with BSNL are identified, measured and mitigated as per BSNL’s requirements.

4.1.8 The Vendor shall be responsible to maintain all aspects of security as per BSNL requirement and shall ensure that there is no security breach of any kind which can hurt BSNL’s interests.

4.1.9 No replacement of BSNL System support tools must be undertaken by the Vendor without specific agreement from BSNL.

4.2 PHYSICAL SECURITY

4.2.1 All Contract Personnel including subcontractors and their employees, agents and their employees of the Vendor working on BSNL premises shall be in possession of an ID Card, details of which shall be made available to BSNL. No person from vendor’s side shall be permitted to enter BSNL premises without the card.

4.2.2 The Vendor shall access any BSNL system/ equipment only after due /written authorization from BSNL.

4.2.3 All the information related to BSNL systems shall be physically /logically segregated and the vendor shall ensure that it is accessed only by the authorized contact personal from vendors side.

4.2.4 The use of digital or conventional cameras, including any form of video camera or mobile phone cameras, of the interior of BSNL premises is not permissible without prior Authorization from BSNL Security Contact. Vendor shall ensure that photography or capture of moving image of Vendor are as within BSNL premises where BSNL Information is processed or stored shall not capture any BSNL Information.

4.2.5 CCTV security systems and their associated recording medium wherever provided shall be used by BSNL/ Vendor either in response to security incidents, as a security surveillance tool, As such, these systems shall be authorized by appropriate BSNL Security Contact when used by vendor, and stored images shall be securely held for at least 6 months. However BSNL’s decision shall be final in this regard.

4.2.6 The Vendor shall disable the Access immediately if any Contract Personnel no longer require Access or change role for any reason what so ever or whose integrity is suspected or considered doubtful or as may be notified by BSNL in accordance with clause 4.3.1.


4.3 LOGICAL SECURITY

4.3.1 The Vendor shall disable the access rights and shall notify BSNL immediately if any Contract Personnel no longer requires Access or change role for any reason what so ever thus enabling BSNL to disable or modify the Access rights.

4.3.2 The Vendor shall, implement agreed as well as generally prevalent security measures across all supplied components and materials including software & Data to ensure and safeguard the confidentiality, availability and integrity of BSNL Systems and BSNL Information. The Vendor shall provide BSNL with full documentation in relation to the implementation of logical security in relation to Purpose and shall ensure that it has such security features which:● prevents unauthorized individuals e.g. hackers from gaining Access to BSNL

Systems; and● reduces the risk of misuse of BSNL Systems or BSNL information, which could

potentially cause loss of revenue or service (and its Quality) or reputation, breach of security by those individuals who are Authorized to Access it;and

● detects any security breaches that do occur enabling quick rectification of any problems that result and identification of the individuals who obtained Access and determination of how they obtained it.

4.4 INFORMATION SECURITY

4.4.1 The Vendor shall not use BSNL Information for any purpose other than for the purposes for which they were provided to the Vendor by BSNL and only to the extent necessary to enable the Vendor to perform as per this Agreement.

4.4.2 The Vendor shall use physical and electronic security measures to protect BSNL Systems, BSNL Information and areas where work is undertaken or where Vendor Systems provide Access.

4.5 CONTRACT PERSONNEL SECURITY

4.5.1 The vendor shall be completely responsible for the actions of the contract personnel hired /arranged by the vendor.

4.5.2 The Vendor shall ensure that the Contract Personnel securely destroy any BSNL Information received in a recorded form from BSNL (or has recorded received BSNL Information), when the Contract Personnel’s job or role has changed or terminated.

4.6 SERVICE CONTINUITY ASSURANCE:4.6.1 The Vendor shall ensure by means of all tools, skills, resources that the services of

BSNL remains operational at all times (to the extent of the scope of this contract) as per Quality of Service parameters laid down by Telecom Regulatory Authority of India, as applicable.

4.6.2 At the time of termination of contract or as and when required by BSNL, the vendor shall ensure making overall tools, procedures, documents, software, training etc.using which BSNL system were maintained operated, analyzed, attended etc., by the Vendor so that BSNL can continue to provide the services.

5. Access to BSNL Systems


5.1 In relation to Access to BSNL systems, the Vendor shall (and, where relevant, shall ensure that all Contract Personnel shall):a) Ensure each individual Contract Personnel has a unique user identification and

password known only to such user for his/her sole use.b) Promptly provide to BSNL such reports as BSNL shall require from time to time

concerning the Vendor’s use and security of Access and any related matters to Access.

c) Ensure onward bridging or linking to BSNL Systems is prevented unless authorized by BSNL.

d) use all reasonable endeavors to ensure no viruses or malicious code like malware, spyware, keylogger, bots(as the expressions are generally understood in the computing industry) are introduced, and that there is no corruption or modification or compromisation of BSNL Systems or BSNL Information. This should un-doubtedly ensure that nothing results in denial of Service, interruption of Service, outages, reduction or compromise in quality and efficiency of Service, leakage or stealing of BSNL Information, interference with mandated lawful interception policy, methodology & provisions, enhance risks of attacks, overbilling, frauds or any other aspect that compromises the security of all the stakeholders including the Government, users, BSNL etc.

e) use reasonable endeavors to ensure that personal files which contain information, data or media with no relevance to the purpose, are not stored on BSNL building servers or BSNL centralized storage facilities or BSNL Systems.

5.2 If BSNL has provided the Vendor with Access to the Internet/Intranet, the Vendor shall, ensure that the Contract Personnel, access the Internet/Intranet appropriately.

5.3 The Vendor shall ensure that all Contract Personnel, subject to the Clauses headed “Regulatory Matters” and “Confidentiality” comply with Classifying and Handling of Information.

6. Access to Vendor Systems6.1 If Contract Personnel is granted Access to Vendor Systems having bearing on

BSNL data, information or network, the Vendor shall ensure that it has a fool proof mechanism to avoid any breach of security and the access is completely secure so that BSNL’s interests are not hurt in any way:

a) Ensure that audit logs are generated to record user activity and security-relevant events and securely managed and retained with nil ability on the part of the Vendor to allow any un-authorized access or amendment to the audit logs. Such audit logs must be maintained for future reference for a period of at least one year.

b) ensure that monitoring of audit and event logs and analysis reports for anomalous behavior and/or attempted unauthorized access are performed by Vendor’s staff independent of those users being monitored.

c) make available audit logs where required by BSNL for review.


d) ensure all systems holding, processing or accessing BSNL Information shall be hardened to BSNL standards(Note to Buyer: If in doubt, please contact BSNL Security).

e) implement controls to detect and protect against malicious software and ensure that appropriate user awareness procedures are implemented.

f) Ensure that data gathered after running audit tool is properly protected.

6.2 To the extent the servers are used to fulfill the purpose of this Agreement, Vendor’s servers shall not be deployed on un-trusted networks without appropriate security controls.

6.3 Security procedures and controls shall be used to secure equipment holding, accessing or processing BSNL Information in Vendor Systems.

7. Conditions for Equipment Vendors:7.1 Conformance to Security Standards and Policies

The vendor shall ensure that the network elements supplied by him have been got tested as per relevant contemporary Indian or International Security Standards e.g. IT and IT related elements against ISO/IEC 15408 standards, for Information Security management Systems against ISO 27000 series standards, Telecom and Telecom related elements against 3GPP security standards, 3GPP2 security standards etc. from any International Agency / labs of the standards e.g. Common Criteria Labs in case of ISO / IEC 15408 standards until 31.3.2017. (From 1.4.2017, the certification shall be got done only from authorized and certified agencies / labs in India)*.

The copies of test results and test certificates are to be submitted to BSNL on demand within a reasonable time period alongwith the details as per Format – I.

The vendor shall also ensure that the equipment supplied has all the contemporary security related features, facilities, hardware, software etc. for the purpose of Interception, Monitoring, Analysis etc. for use by the Law Enforcement Agencies and provide complete information to enable these features and facilities before the supply of the equipment or the procedure of enabling these, if these are to be enabled after the commissioning of the Network. The Vendor shall also submit a test report on these features and facilities and also a certificate that all contemporary features and facilities of this category exist in the equipment supplied.

7.2 Submission of Test Reports:

A report of the tests conducted with results of the tests conducted and mentioning areas where vulnerability exists and what precautions are to be taken by BSNL to minimize the effect of such vulnerabilities. For this purpose additional requirements may be provided in the Solution Designs. Compliance statements should be made against the relevant Security Standards and where practicable, tests performed to demonstrate compliance.

7.3 Security from Malware:Vendors would provide adequate firewall and IDPs for security from malware and submit a certificate in this regard.


7.4 Security against Remote Access:The vendor shall submit a written undertaking to BSNL clearly identifying all known means of remote control/remote access/ remote command and control in the supplied equipment as well as suitable mitigation means to close such access mechanisms.

Note: vendor has to comply with the guidelines of remote access provided by DoT including instructions vide No.16-27/2007-CS-III dated 31.01.2013 and any subsequent instructions thereof. In case BSNL / vendor provides a Remote Access monitoring facility then it shall be the responsibility of the vendor to integrate with the same.

7.5 Penalty:In the event that the Vendor is unable to comply with its obligations under this Agreement, as a result of which the Licensor imposes any sanction on BSNL, which results in any financial and other liabilities on BSNL, the Vendor shall be liable to make good such loss.In addition to the above, in case of any inadequate measures, act of intentional omissions, deliberate vulnerability left into the equipment or in case of deliberate attempt for a security breach by the Vendor, the Licensor may at its discretion blacklist the Vendor from entering into any supply deals with any Indian Telecom Operator. BSNL shall give the vendor the opportunity to defend any claim prior to imposing any penalty or blacklisting the vendor on account of security breach being attributable to it.

7.6 Inspection:

The Vendor/Supplier must allow 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 upto two more times every year until the supplies under the contract have been completed, at the time of discretion of BSNL. All the documents should be in English and handed over to the visiting team at least 4 weeks ahead of the visit.The number of such visits will be limited to two in a purchase order. The expenditure for such visits for order valuing more than 50 Crore upto 40 man-days per visit shall be borne by BSNL.

7.7 Language of Supplies:

Documentation to be in English: Vendor has to ensure that all the documentation including software details obtained from manufacturer/vendor/supplier are to be supplied in English language.Vendor to maintain a list of all network elements and corresponding documentation as per format given in Format-II and submit to BSNL.

8. Data Protection:8.1 The Parties acknowledge that, in respect of all Personal Data processed by the Vendor

for the purpose of the provision of Supplies under this Contract, BSNL alone, as data controller, shall determine the purposes for which and the manner in which such Personal Data will be processed by the Vendor.

8.2 The Vendor shall:


a) keep all Personal Data secure and confidential, act only on BSNL's instructions with respect to it, and comply with such further reasonable requirements from time to time of BSNL for the security of it; and

b) notify BSNL forthwith, and in any event, no later than 12 hours from the time it comes to the Vendor’s attention, that Personal Data transferred by BSNL to the Vendor has been the subject of accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, or any other unlawful forms of processing; and

8.3 In respect of Transfer of Personal Data the following conditions shall apply:a) obtain BSNL’s prior written consent before transferring Personal Data to any

Subcontractors in connection with the provision of the Supplies;8.4 Any breach of this Condition by the Vendor shall be deemed to be a material breach of

the Contract and the Vendor shall indemnify BSNL against any costs, losses, damages, proceedings, claims, expenses or demands incurred or suffered by BSNL which ariseas a result of such breach.

8.5 The Vendor shall, allow BSNL or its nominated representatives such access to its premises, Information and records and those of its agents subsidiaries and sub-contractors, as may be reasonably required by BSNL from time to time to assess the Vendor’s and/or Contract Personnel’s compliance with this Condition.

9. Regulatory Matters:9.1 The Vendor shall

a) comply with all Regulatory Matters including, without limitation, any actions that BSNL may require in connection with any Regulatory Matter, that are notified to the Vendor Regulatory Contact from time to time by BSNL Regulatory Contact in so far as they relate to the performance of the Contract by the Vendor;

b) within 14 days of the Commencement Date, ensure that the Vendor Regulatory Contact contacts BSNL Regulatory Contact to establish the nature and extent of communication between them, which assist them in meeting all regulatory requirement asset by licensor or Sectoral regulator or any other person nominated by Licensor.

c) promptly provide such information to BSNL as shall be necessary for BSNL to respond fully and to the time scale required to any request or requirement for information from a government or any regulatory authority, to the extent that such information relates to the performance of the Agreement by the Vendor; and

d) permit BSNL and/or its authorized agents such access to the Vendor's premises and such Access to and copies of its Information and Records(and to and of those of any Contract Personnel) as is required by BSNL to assess and/or validate the Vendor's performance of its obligations under or in relation to this Clause.

10. Confidentiality:10.1 In this Clause, BSNL Information which BSNL from time to time identifies to the Vendor

as being commercially confidential, or is by its nature commercially confidential or defined by BSNL as confidential, or confidential as per the applicable law.

10.2 Except with BSNL's agreement, the Vendor shall not disclose Information to any BSNL employee, without authorization.

10.3 Subject to the Condition headed ‘Intellectual Property”, either party receiving Information ("the Recipient") from the other shall not without the other’s prior written


consent use such Information except for Contract purposes or disclose such Information to any person other than BSNL's employees, agents and contractors or Contract Personnel who have a need to know and who are bound by equivalent obligations of confidentiality. Any breach of such obligations by Contract Personnel or BSNL's employees, agents or contractors (as the case may be) shall be deemed to be a breach by the Vendor or BSNL respectively.

10.4 Paragraphs 2 and 3 of this clause shall not apply to Information that is:a) published except by a breach of the Contract; orb) Lawfully known to the Recipient at the time of disclosure and is not subject to any

obligations of confidentiality; orc) lawfully disclosed to the Recipient by a Vendor without any obligations of

confidentiality; ord) replicated by development independently carried out by or for the Recipient by an

employee or other person without access to or knowledge of the Information.10.5 The Vendor shall not publicize this Agreement without BSNL’s prior written consent and

shall ensure that any subcontractor is bound by similar confidentiality terms to those in this clause.

10.6 Either party that has during the course of this Agreement received Information in a recorded form from the other(or has recorded received Information) shall return or destroy in a complete irrecoverable mode(at the option of the disclosing party)such records upon:

a) Expiry or termination of this Agreement; orb) Upon earlier request unless such records are part of the Supplies.

10.7 This clause shall survive termination/expiry of this Agreement.

11. Intellectual Property:Each Party will retain its right, title and interest in its respective trademarks, service marks and trade names as well as rights in respect of any patent, copyright, trade secrets or other intellectual property used during the performance of this Agreement. Both Parties recognize that except as otherwise expressly provided herein or agreed between the Parties, they shall have no right, title, interest or claim over the others’ intellectual property.

12. Network Audit, Test and Certification:Vendor is required to audit the network (deployed by him- Telecom and IT Equipment / Networks) from security point of view once in a financial year. The same may be done by some authorized external agencies or internal team of the Vendor. The external agency carrying the audit must be certified to carry out the audit as per ISO 15408 and ISO 27001 standards. The audit should mandatorily cover below mentioned activities besides other checks:

a) Network forensics to identify existing unwanted running processes\ malwares\backdoors etc. on all networks' elements. The operation includes sniffing of live traffic to identify unwanted redirection and interception of traffic.

b) Network Hardening to map all networks elements and to calibrate them to optimized secured state.

c) Network penetration test to assure system durability against any kind of attack.


d) Risk assessment to understand what actions should be taken to minimize future damage to carrier and what risks are inevitable.

e) Actions to fix found problems by setting systems to default or acquiring relevant IT security technologies to prevent such problems from reoccurring.

It is clarified that the above list doesn’t limit the scope of the audit in any manner, which shall be based upon following manner.Since it is not mandatory for the security system to be certified and Vendor is free to audit the system internally. The Security audit, to check the security system and note observations, will use the template ‘Guidance for the review of implemented ISO/IEC 27001:2005, Annex-A Controls’, detailed in the Annex-D of ISO/IEC 27006 International Standard on ‘Information technology-Security techniques-Requirements for bodies providing audit and certification of information security management systems’. For carrying out the audit, Vendor will have to identify the controls from relevant security standards like ISO 27001 as applicable to the business and get them approved by BSNL before the security audit is done.

Or

In case the network has been audited from the security point of view by an agency:a. The auditor shall verify that the audit has been conducted by an agency certified

to carry out the audit as per ISO 27001.b. Obtain the last audit report and note the compliance on comments and non-

conformities detailed in the report.The audit observations, their compliance and closure of all points is to be submitted to BSNL within a reasonable time.

13. Security Features sought:Vendor is required to ensure that all contemporary security related features as prescribed under relevant security standards are included while supplying equipment in BSNL network. Further, vendor to ensure that all such security features are incorporated /implemented when that equipment is installed in BSNL network.A list of such security features is to be maintained and made available by vendor to BSNL within a reasonable time period as per format at Format – III.A list of features, equipment, software etc. procured and implemented shall be kept by the vendor till they are in use, which may be subjected to inspection and testing by BSNL/ DoT at any time, in the network or otherwise, at the option of BSNL.

14. O&M Manuals Records:Vendor has to keep a record of operation and maintenance procedure in the form of manuals and supply to BSNL. It should have the security related provisions capturing security related events among others of authentication, access control, password policy, configuration for and generation of access, command and alarm logs, their storage online and transmission to an independent log server.Vendor to maintain a list of all network elements and corresponding manuals as per format given in Format-IV and submit to BSNL.

15. Preserving Operation and Maintenance Command Logs:Vendor has to keep a record of all operation and maintenance command logs for a period of 12 months and the same information shall be stored/retained for 36 months in a non-online mode. Command logs shall include a) Actual command given, b) Who gave


the command, c) When the command was given- with date and time, d) From where the command was given.The information as per the format given in Format-V has to be made available to BSNL on an yearly basis.

(Note: This is applicable in contracts, where the Operation and Maintenance is with the vendor)

16. User and Password Management:Vendor to keep a list of user IDs created (and updated) by him, which should be linked with name and other details of the users. Special emphasis to be laid on the users provided administrator/ root privileges and justification for the same is to be kept in record. Process for the allocation of temporary access for in-house and external maintenance personnel and logging and monitoring of the same to be devised and recorded.The information as per the format given in Format-VI has to be made available to BSNL on an yearly basis or as and when demanded.

17. Record of Software Versions and Updates:Vendor has to keep a record of all software updates and changes applied in BSNL systems. Major updates and changes should be informed to BSNL within 15 days of completion of such updates and changes.Information as per the format given in Format-VII has to be made available to BSNL on an yearly basis or as and when demanded.

18. Records of Supply Chain:Vendor has to keep a record of supply chain of the products (hardware/software). This should be taken from the manufacturer/vendor/supplier at the time of procurement of the products.Information as per the format given in Format-VIII has to be made available to BSNL on an yearly basis or as and when demanded.

19. Creation of facilities for monitoring all intrusions, attacks and frauds:Vendor to create such a central facility for monitoring all intrusions, attacks and frauds and report the same to BSNL. This might require integration with all security devices like Firewalls, IDPS, IDS or network elements etc. to a central location from where the monitoring is done. This facility shall be created within 6 months of issue of the PO.vendor to report such incidences to BSNL regularly in a time bound manner.Information as per the format given in Format-IXhas to be provided to BSNL on a regular basis or as and when demanded.

20. Investigation:20.1 If BSNL believes that there has been a breach by the Vendor of the provisions of this

Agreement, BSNL will inform the Vendor Security Contact. The Vendor shall cooperate with BSNL fully in any ensuing investigation, providing information / access to system sought by BSNL in this regard.

20.2 The Vendor shall report to BSNL Security Contact promptly of any potential misuse of BSNL Information or improper or unauthorized access to BSNL Systems and BSNL


Information and shall further cooperate with BSNL by providing information / access as required by BSNL.Please see note at the end of the clause 20.

20.3 If any audit or investigation reveals that there is a potential risk to the confidentiality, integrity or availability of BSNL Information in the Vendor’s processes or Vendor Systems, Vendor shall promptly correct any security risk in the Vendor’s processes or Vendor Systems promptly.

20.4 During investigation, the Vendor shall co-operate with BSNL, providing reasonable access, accommodation, facilities and assistance to all Vendor Systems as reasonably necessary to investigate the breach of the provisions of this Agreement including permitting interview of any sales, engineering or other operational personnel of Vendor.

21. Termination:This Agreement shall be effective from the date hereof and shall continue to be in full force and effect concurrently with the Vendor agreement ("Term") unless terminated earlier by BSNL in accordance with the provisions in the main document.The Contract may also be terminated on directions of the Licensor along with Penalty under the Laws of the land in India in relation to security breaches noticed.Without prejudice to BSNL’s rights and remedies under the Agreement, the Vendor shall at its own cost and expense take all steps necessary to restore the lost or corrupted BSNL Information to the last back-up and/or terminate the unauthorized use of or access to the Information to the extent it caused such loss, corruption or unauthorized use of BSNL Information, due to act of omission or commission on the part of vendor.

22. Law and jurisdiction:This Agreement is governed by Indian law and subject to clause 23, Parties agree to the exclusive jurisdiction of the Indian courts where the registered office of BSNL is situated.

23. Arbitration:Any dispute arising out of this Agreement shall be settled and resolved as per the dispute resolution and arbitrations clause agreed between the Parties under the main Agreement.

24. Notices:All notices, requests, consents, waivers or other communication required or permitted hereunder shall be delivered as per the Notice clause agreed between the Parties under the main Agreement.


Format-I: List of Network elements inducted- Status of Security Testing

Sl. No.

Name of Network Element, Element ID and

location

Relevant security

standard/s

Testing done in

house or third

party lab

If Third party lab name and details of Lab and

accreditation status

Details of certificate

If in-house required

certificate available Yes/ No

Remarks

Notes of any

Format -II: Documentation in English languageSl. No. Name of network

element(including software), element ID

and Location

Document Reference Whether in English Language

Note of any

Format -III: Contemporary Security Features in Equipment

Name of Network Element, Element ID, Location

Relevant Security Standard/s

Security Features under the Standard

Incorporation in PO

Yes/No

Implementation status

Availability of Record of features etc.

If tested report on test and Remarks

Sl.No.

Format – IV: Manuals for Operation and Maintenance ProcedureSl. No. Name of

Network element/

system(including software)

Element ID and Location

Document Reference

Availability of Security related

procedure

Remarks

Notes if any of 184


Note: The following certificate is required to be taken from the TSP: “Certified that O&M Manuals for all the elements inducted into the network are available in English language, contain relevant procedures for security related events and are sufficient for the O&M activity”.

Format – V: Record of Operation and Management Command LogsSl. No.

Name of Network Element/ System, Element ID and Location

Logs available on line for 12 months(Yes/No) and remarks if any

Retained in Off-line mode for 24 months(Yes/No) and remarks if any

Whether includes Actual command given,Who gave command, When Command was given with date and time, from where command was given with remarks

Status of Check on generation of logs by audit team

Log extract reference and Remarks

Notes if any

Format – VI: List of user IDs certified by System AdministratorSl. No.

User ID User Name and Employee ID

Designation System Given Access to and Privileges Accorded

Remarks

Notes if any

Format – VII: Record of Software Changes and UpdatesSl. No.

Name of Network Element/Software,

Element ID and Location

Current Software version

implemented

Software version as per record

Reasons for

upgrade

Remarks indicating availability of record of history of Software changes/updates. Extract of history sheet to be attached to report

Remarks on

intimation to

Licensor of major changes

Notes if any

Format – VIII: Record of Supply Chain of Products (Hardware/Software) of 184


Sr. No.

Name of Network Element, Element ID and Location

PO Ref and Date

Name and Address of

Vendor

Detail of Supply Chain obtained from Vendor/Manufacturer/ Supplier(Yes/No)Attach copy of extract

Remarks

Notes if any

Format – IX: Report on Intrusions, Attacks and FraudSr. No.

Name of Network Element,

Element ID and Location including IP

address

Type of intrusion, attack, fraud

Date and Time of occurrence

How detecte

d

Effect on the

network/ system

Remedial action taken

Remarks

Notes if any

IN WITNESS WHEREOF THE PARTIES HAVE CAUSED THESE PRESENTS TO BE EXECUTED ON THE DAY, MONTH AND YEAR HEREINBELOW WRITTEN TO BE EFFECTIVE FROM THE DATE FIRST MENTIONED ABOVE

SIGNED for and on behalf of Bharat Sanchar Nigam Limited

……………………………………………..Signature……………………………………………Name……………………………………………Position………………………………………….....Witness Signature……………………………………………Name & Address

SIGNED for and on behalf of [●]

……………………………………………..Signature……………………………………………..Name……………………………………………..Position………………………………………….....Witness Signature……………………………………Name & Address

DRAFT AGREEMENT WITH REGARD TO SECURITY REQUIREMENTS

This AGREEMENT is made and entered into at New Delhi on this the [●] day of [●], 2013BY AND BETWEEN

Bharat Sanchar Nigam Limited, a company incorporated under the Companies Act, 1956 and having its registered office at 2nd Floor, Bharat Sanchar Bhawan, HC Mathur Lane, Janpath, New Delhi 110001(hereinafter referred to as “BSNL” or the “TSP”, which expression shall, unless repugnant to the context or meaning thereof, include its successors and permitted assigns) of the FIRST PART;

AND[●], a company incorporated under the Companies Act, 1956 and having its registered office at [●](hereinafter referred to as the “Supplier” or the “Vendor”, which expression shall, unless


repugnant to the context or meaning thereof, include its successors, and permitted assigns) of the OTHER PART.

(BSNL/TSP and the Supplier/Vendor shall be collectively called as the “Parties” and individually a “Party”.)RECITALS

A. The Vendor has been awarded the Tender bearing no [●] for the [●] (“Contract”).

B. Pursuant to the provisions of Clause [●] of Part [●] of Section [●] of the Contract, the Parties are executing this Agreement, subject to the terms and conditions as provided hereinafter.

NOW THEREFORE, IN CONSIDERATION OF MUTUAL REPRESENTATIONS, COVENANTS AND OTHER VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HEREBY AGREE AS FOLLOWS:

1. Definition & Interpretation

1.1 Definitions

Unless the context otherwise requires, the different terms and expression used in this Agreement shall have the meaning assigned to them for the purpose of this Agreement :

“Access” shall mean the interconnection with TSP Systems or access to or use of TSP Information stored on TSP Systems through interconnection with TSP Systems or access to or use of TSP Information stored on Vendor Systems or access to or use of TSP Information stored in any mobile device.

“Applicable Laws” shall mean any law, statute, ordinance, rule, regulation, guideline, policy or other pronouncement having the effect of law of any Governmental Authority as interpreted and administered including any modifications or amendments thereto.

“Authorised” shall refer to the approval by TSP of the Access as part of the authorisation process and the Vendor Security Contact has a record of this authorisation. The term “Authorisation” shall be construed accordingly.

“Commencement Date”” shall mean the date when the Agreement is executed

“Contract Personnel” means dedicated resources of the Vendor in terms of employees, subcontractors including employees of sub contractors and agents including agent’s sub contractors and their employees engaged for the purpose of this Agreement.

“End Date” shall have the meaning assigned to it in Clause 16.1.

“Escrow Information” shall have the meaning assigned to it in Clause 7.11 (a).

“Governmental Authority” shall mean any governmental authority, statutory authority, government department, ministry, secretariat, agency, commission, board, tribunal, court or other law, rule or regulation making body/ entity having or purporting to have jurisdiction on behalf of the Republic of India or any other government having or purporting to have jurisdiction over a Party, or any state or other subdivision thereof or any municipality, district or other subdivision thereof including, without limitation, the Chairman, Department of Telecommunications, Ministry of Communications, Government of India and/or any other telecom regulatory authority, including Telecom Engineering Center, having competent jurisdiction; and/or Chairman, Telecom Regulatory Authority of India, and includes any officer empowered by them to perform all or any of the functions of such a governmental authority.


“Information" shall mean technical, financial and commercial information and data relating to Party’s respective businesses, finances, planning, facilities, products, techniques and processes and shall include, but not limited to, discoveries, ideas, concepts, know-how, techniques, designs, specifications, drawings, blueprints, tracings, diagrams, models, samples, flow charts, data, computer programs, disks, diskettes, tapes, marketing plans, customer names and other technical, financial or commercial information and intellectual properties, whether in written, oral or other tangible or intangible forms.

“Licensor” shall mean the Department of Telecommunications, Ministry of Communications & IT, Government of India.

“Personal Data” shall comprise of customer details and Call Detail Record (CDR)..

“Sensitive Information” shall mean any TSP Information marked as classified as per TSP’s data classification policy or deemed business critical. This also includes any other data, or element of information, notified as such by the Government (e.g. IT Act 2000).

“Security Standards” shall mean all the relevant contemporary standards associated with national and international security standard related to IT & Telecom equipment hardware and software and those related to information & communication security, including but without limitation to ISO 27000 series, ISO/ IEC 15408, 3GPP, 3GPP2, WiMAX etc. and as evolved from time to time.

“Subcontractor” shall mean any person, partnership or corporation with whom the Vendor places a contract and/or an order for the supply of any equipment, item, service or for any work in relation to the purpose of this Agreement. The term "Subcontract" shall be construed accordingly.

“Supplies” shall mean all components, materials, plant, tools, test equipment, documentation, hardware firmware, software, spares parts, services and all the things & items to be provided to TSP pursuant to the Agreement together with all Information and Work the Agreement requires to be supplied or performed for TSP.

“Term” shall mean the term of this Agreement starting from the Commencement Date upto the End Date.

“TSP” shall mean Bharat Sanchar Nigam Limited who has been issued the CMTS license under section 4 of Indian Telegraph Act 1885 by the Licensor, Government of India

“TSP Group Security” shall mean the security organisation based within the TSP.

“TSP Information” shall mean all data including data, text, image, sound, voice, codes, circuit diagrams, core & applications software and database, intellectual property as well as personal, public, operational and services data in TSPs custody which is and /or received which are supplied/ shared with Vendor for the purpose of this Agreement or are obtained by the Vendor on behalf of TSP.

“TSP Items” shall mean all items provided by TSP to the Vendor and all items held by the Vendor which belong to TSP.

“TSP Regulatory Contact” shall mean in-charge of TSP Regulatory Operations or such other person whose details shall be notified by TSP to the Vendor from time to time.

“TSP Security Contact” shall mean in-charge of TSP Security Operations Centre or such other person whose details shall be notified by TSP to the Vendor from time to time.


“TSP Systems” shall mean any TSP computer, application, databases , network infrastructure, network elements and appliances, core and applications software or such other systems as may be agreed in writing from time to time between TSP and the Vendor.

“Vendor” shall mean the vendor who supplies equipment, software and is and/or managed services to TSP for the purpose of installation, testing, commissioning, provision, operations and/or maintenance of TSP’s networks.

“Vendor Security Contact” shall mean such person whose details shall be notified by the Vendor to TSP from time to time for such purpose.

“Vendor Regulatory Contact” shall mean such person whose details shall be notified by the Vendor to TSP from time to time for such purpose.

“Vendor Systems” shall mean any Vendor owned computer hardware or software,application database or network elements / appliance or such other systems as may be agreed in writing from time to time by TSP and the Vendor.

1.2 Interpretation

Unless otherwise stated or unless the context otherwise requires, in this Agreement:

(a) the headings, whether of Clauses or other parts of the Agreement, are for ease of reference only and shall not be relevant to interpretation;

(b) the references to the Recitals, Clauses, Schedules and Annexures shall be references to the recitals, clauses, schedules and annexures of this Agreement;

(c) words importing the singular shall include plural and vice versa;(d) words denoting any gender shall include all genders;(e) where a word or phrase is defined, other parts of speech and grammatical forms

of that word or phrase shall have corresponding meanings;(f) references to statutes or statutory provisions include references to any orders,

or regulations made there under and references to any statute, provision, order or regulation include references to that statute, provision order or regulation as amended, modified, re-enacted or replaced from time to time whether before or after the date thereof.

2. Scope

This Agreement sets out the provisions under which the Vendor will be able to supply equipments and services and be granted Access to TSP Systems, network, equipments, data and facilities and TSP Information including Sensitive Information for the purpose of the planning, engineering, supply, installation, testing, commissioning, operations and maintenance, annual maintenance on network/equipment as per the contract.

3. International Security Standard Certification

The Vendor shall have contemporary relevant Security standard certification and shall comply with the provisions of security standards certification with respect to Telecom & IT equipment hardware and software and those related to information & communication security management, such as ISO 15408 standards as applicable to IT and IT related products, ISO 27001 for Information Security Management System, standards used by other relevant standard formulation bodies for Telecom equipment like 3GPP, 3GPP2, ITU standard etc or equivalent acceptable international standards or certification. Based on the requisite testing to be conducted at their labs, vendors will certify their own equipments as required under this clause. IT related elements in the telecom networks of the concerned OEMs, which are already ISO 15408 certified will be accepted as certified. Vendor will submit a relevant self certificate based on test reports in this regards.


4. Security Requirements:

The Vendor shall comply with following security policies:

4.1 General

4.1.1 The Vendor shall be Authorised to access only TSP Systems and Information in accordance with the provisions of this Agreement and only during the Term of this Agreement.

4.1.2 The Vendor shall identify to the TSP, details of Vendor Security Contact at the Commencement Date who will act as a single point of contact for TSP, such as a senior manager or CIO responsible for security, for any security issues. This responsibility shall be detailed within his/her job description. Notwithstanding anything to the contrary, the Vendor shall at all times be responsible to the TSP for any security related issues. It is clarified that the Vendor Security Contact shall be a security cleared Indian national. The security clearance for the Vendor Security Contact will be applied, within one month of date of submission of necessary document by the vendor to TSP.

4.1.3 As part of the Authorisation process, details of Vendor’s Contract Personnel that need Access will be requested by TSP. The Vendor Security Contact shall at all times ensure that only Contract Personnel who have a need to Access in order to fulfill the purpose of this Agreement are Authorised. This Authorization and any changes in the Contract Personnel would be notified by the Vendor for the information and for the approval (wherever applicable) of the TSP.

4.1.4 Pursuant to Clause 4.1.3 above, the Vendor acknowledges that only the Contract Personnel having requisite training are Authorized to access the TSP System.

4.1.5 The Vendor shall have a well defined Information Security policy compliant with ISO/IEC 27001:2005 or have equivalent standards and in line with the TSP’s information security policies and requirements.

4.1.6 The Vendor shall ensure that they have information security organization in place to implement the provisions of TSP’s information security policies. The Information Security responsibilities of all Vendor employees working for TSP shall be defined and communicated.

4.1.7 The Vendor shall establish and maintain contacts with special interest groups to ensure that the understanding of the information security environment is current, including updates on security advisories, vulnerabilities and patches and ensure that the same is implemented.

4.1.8 The Vendor shall conduct a Risk Analysis and ensure that all risks due to it own and subcontractors’ operations with TSP are identified, measured and mitigated as per the TSPs requirements. The Risk Assessment report is required to be shared with the Chief Security officer/CISO of TSP.

4.2 Physical Security

4.2.1 All Contract Personnel including sub contractors and their employees, agents and their employees of the Vendor working on TSP premises shall be in possession of a TSP Identification or Electronic Access Control (“TSP ID/EAC”) card. This card is to be used as a means of identity verification on TSP premises at all times and as such the photographic image displayed on the TSP ID/EAC card must be clear and be a true likeness of the Contract Personnel. If the TSP has any advanced identity verification systems the same would also apply. TSP and Vendor will mutually agree to re- define such verification measures from time to time


4.2.2 All Contract Personnel including sub contractors and their employees, agents and their employees of the Vendor accessing premises (sites, buildings or internal areas) , where TSP Information is stored or processed, shall be in possession of an Identification or Electronic Access Control (“ID/EAC”) card. This card is to be used as a means of identity verification on these premises at all times and as such the photographic image displayed on the ID/EAC card must be clear and be a true likeness of the Contract Personnel or the Subcontractor or the Vendor’s employees, subcontractors and agents. If the TSP has any advanced identity verification systems the same would also apply. TSP may re-define such verification measures from time to time

4.2.3 The Vendor shall not (and, where relevant, shall procure that any Contract Personnel shall not) without the prior written Authorisation of the TSP Security Contact connect any equipment, device or software to any TSP System and where it is not intended to be connected at a point in the TSP system.

4.2.4 The Vendor shall be able to demonstrate that it has procedures to deal with security threats directed against TSP or against a Vendor working on behalf of TSP whilst safeguarding TSP Information.

4.2.5 The Vendor and/or its Contract Personnel shall not access TSP’s electronic systems without first obtaining the written consent of the TSP Security Contact.

4.2.6 The Vendor’s Access to sites, buildings or internal areas where TSP Information is stored or processed, shall be as Authorised and the Vendor and all its Authorised personnel shall adhere to robust processes and procedures to ensure compliance.

4.2.7 The Vendor shall not conduct recording, photography or video graphic at TSP premises that captures any TSP Information, without prior authorization from the TSP Security Contact.

4.2.8 If already available at the TSP Premises, CCTV security systems and their associated recording medium shall be used by the TSP/Vendor either in response to security incidents, as a security surveillance tool, as a deterrent or as an aid to the possible apprehension of individuals caught in the act of committing a crime. As such, these systems shall be Authorised by appropriate TSP Security Contact when used by Vendor.

4.2.9 The Vendor shall maintain a controlled record of all assigned TSP physical assets and assigned TSP Items to them.

4.2.10The local area surrounding the Vendor’s facilities at TSPs premises over which Vendor has authorized control shall be physically inspected for security risks and threats by the Vendor in case of any abnormal activity / incident found / observed shall report the same to TSP.

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4.2.11 The Vendor shall disable the Access immediately if any Contract Personnel is no longer require Access or has changed roles for any reason whatsoever or whose integrity is suspected or considered doubtful or as may be notified by TSP in accordance with clause 4.3.1.

4.3 Logical Security

4.3.1 The Vendor shall notify TSP immediately if any Contract Personnel no longer requires Access or changes role for any reason whatsoever thus enabling TSP to disable or modify the Access rights.

4.3.2 The Parties shall, implement agreed security measures across all supplied components and materials including software & data to ensure safeguard and confidentiality, availability and integrity of TSP Systems and TSP Information, Parties


shall prepare documentation in relation to the implementation of logical security and shall ensure that it has such security as:

(a) prevents unauthorised individuals e.g. hackers from gaining Access to TSP Systems; and

(b) reduces the risk of misuse of TSP Systems or TSP information, which could potentially cause loss of revenue or service (and its Quality) or reputation, breach of security by those individuals who are Authorised to Access it; and

(c) detects any security breaches that do occur enabling quick rectification of any problems that result and identification of the individuals who obtained Access and determination of how they obtained it.

4.4 Information Security4.4.1 The Vendor shall not use TSP Information for any purpose other than for the purposes

for which they were provided to the Vendor by TSP and only to the extent necessary to enable the Vendor to perform as per this Agreement.

4.4.2 The Vendor shall ensure that all information security requirements in this Agreement are communicated including in writing to all Contract Personnel in relation to their role.

4.4.3 The Vendor shall ensure procedures and controls are in place to protect the exchange of information through the use of emails, voice, facsimile and video communications facilities.

4.5 Contract Personnel Security

4.5.1 The Vendor shall ensure that the TSP Information provided under this Agreement is used only to the extent necessary to enable the Vendor to perform its obligations as per the terms of this Agreement. All Contract Personnel shall sign a confidentiality agreement either as part of their initial terms and conditions of employment or when they start working in TSP buildings or on TSP Systems and TSP Information. These confidentiality agreements shall be retained by the Vendor and shall be made accessible to TSP, if required.

4.5.2 The Vendor shall deal with breaches of security policies and procedures, including interfering with or otherwise compromising security measures, through a formal disciplinary process.

4.5.3 The Vendor shall provide a 'whistle blower' facility, available to all staff, with all TSP related issues reported back to the TSP Security Contact to the extent permissible by the law in a location in India where the Vendor is providing the services. . For the avoidance of doubt, this facility shall be used by the Contract Personnel if TSP’s employee, agent or contractor instructs Contract Personnel to act in an inconsistent manner in violation of the Agreement.

4.5.4 The Vendor shall ensure that in respect to any Contract Personnel assigned to this Agreement, it shall carry out recruitment checks in accordance with its policies.

4.5.5 The Vendor shall ensure that all Contract Personnel maintain a clear-desk and a clear screen policy to protect TSP Information, as per internal policy.

4.5.6 The Vendor shall ensure that an auditable process is developed for the ongoing control and management of Contract Personnel access profiles.

4.5.7 The Vendor shall, and shall procure that if a Contract Personnel’s job or role has been changed or terminated, such Contract Personnel shall securely destroy any TSP Information received in a recorded form from TSP (or has recorded received TSP Information) in accordance with its internal policy. Vendor may retain one copy of such information for archival policy provided it does so in a secure manner..


4.5.8 The vendor may perform the above activities as per its internal policy, which shall be shared with BSNL from time to time.

4.6 Additional Security Policies

4.6.1 The Vendor shall have documented operating procedures to discharge the security requirements detailed within this Agreement and provide TSP with access to such documentation in accordance with “Access to Vendor systems” as stipulated in this Agreement.

4.6.2 The Vendor shall implement a controlled exit procedure in respect of the individual Contract Personnel to ensure the return of any TSP assets or TSP Items or TSP Information in the possession of the individual when any of the Contract Personnel who have Access, leave the employment of the Vendor or are no longer engaged for the purpose of this Agreement. Such controlled exit procedure shall include a written communication by the Vendor Security Contact to TSP Security Contact of this removal.

4.6.3 The Vendor shall inform the TSP Security Contact immediately upon its becoming aware of any actual or suspected unauthorized Access or misuse of TSP Systems or TSP Information or breach of any of the Vendor's obligations under this Agreement.

4.6.4 The Vendor shall maintain integrity of the software build including upgrades, operating systems and applications from factory to desk. The Vendor shall demonstrate that the software build (both proprietary and off-the-shelf) delivered to TSP is the same as the software build agreed with TSP. The software as provided by Vendor should not have any known viruses or malware which could hamper security including any unauthorized leakage of TSP Information including Sensitive Information.

4.6.5 Any change of location by the Contract Personnel or Vendors support centers shall be notified to TSP.

4.6.6 Where Vendor uses subcontractors,, TSP may require that the associated security risks are clearly identified and assessed by TSP Group Security or the appropriate TSP line of business security team. This will ensure that any unacceptable security risks are identified and addressed. This in anyway shall not reduce the Vendor from being responsible to TSP for its obligations to be performed under this Agreement relating to security.

4.6.7 Where Vendor uses subcontractors, formal contracts containing all necessary security requirements shall be put in place between the Vendor and its subcontractor before the Subcontractor or its personnel can access TSP Systems and TSP Information or occupy space in TSP’s buildings or space in the Vendor’s building that is used to access, hold or process TSP Information.

4.6.8 TSP may update from time to time, security related policies, guidelines, standards and requirements. TSP will incorporate such updates by reference which shall be notified in writing by TSP to the Vendor promptly. If the Vendor has an issue with such updates, the Vendor shall promptly detail its concerns to TSP in writing.

4.6.9 The Vendor shall record and maintain detailed information of all Contract Personnel who are authorized to Access TSP Systems or TSP Information.

.5. Access to TSP Systems

5.1 Subject to the provisions of this Agreement, the TSP allows (so far as it can and is able to do so) the Vendor, to have Access solely for the purpose as contemplated herein during the Term of this Agreement.

5.2 In relation to Access, the Vendor shall (and, where relevant, shall procure that allContract Personnel shall):


a) ensure each individual Contract Personnel has a unique user identification and password known only to such user for his/her sole use.

b) ensure Contract Personnel never share user identification, passwords or security tokens.

c) Promptly provide to TSP such agreed reports as TSP shall from time to time require concerning the Vendor’s use and security of Access and any related matters to Access.

d) ensure onward bridging or linking to TSP Systems is prevented unless authorised by TSP.

e) use all reasonable endeavours to ensure no viruses or malicious code like malware, spyware, key logger, bots (as the expressions are generally understood in the computing industry) are introduced, and that there is no corruption or modification or compromisation of TSP Systems or TSP Information, while meeting out the obligations under the Contract.

f) use reasonable endeavours to ensure that personal files which contain information, data or media with no relevance to the purpose, are not stored on TSP building servers or TSP centralised storage facilities or TSP Systems.

5.3 If TSP has provided the Vendor with Access to the Internet/Intranet, the Vendor shall, and shall ensure that the Contract Personnel, access the Internet/Intranet appropriately. It is the Vendor’s responsibility to ensure that practical guidance on internet and email abuse (as amended) is communicated to the Contract Personnel from time to time.

5.4 The Vendor shall ensure that all Contract Personnel, subject to the Clauses headed“Regulatory Matters” and “Confidentiality” comply with classifying and handling of Information.

5.5 Any security software procured by the Vendor shall be used by the Vendor without modification, unless there is an essential need to do so, in which case appropriate controls shall be applied and the agreement of TSP Group Security sought.

6. Access to Vendor Systems

6.1 If Contract Personnel is granted Access to Vendor Systems having bearing on TSP data, information or network, the Vendor shall:

a) Ensure each individual has a unique user identification and password known only to such individual for his/her sole use.

b) promptly provide to TSP such reports as TSP shall from time to time require, concerning the Vendor’s use and security of access to Vendor Systems.

c) Allow Access only to the minimum extent required to enable the Contract Personnel perform their duties.

d) Allow Access using a secure login process.

e) Establish and implement formal procedures to control the allocation and de-allocation of Access rights.

f) Ensure that the allocation and use of enhanced privileges and access to sensitive tools and facilities in Vendor Systems are controlled and limited to only those users who have a business need.


g) Ensure that the allocation of user passwords to Vendor Systems that hold or access TSP Information is controlled through a formal auditable management process.

h) Provide processes to demonstrate that remote and home working activities are only permitted where Authorised by TSP and subject to appropriate security controls within the Vendor’s organisation including but not limited to remote Access by users being subject to strong authentication.

i) Demonstrate that users follow security best practice in the management of their passwords.

j) Implement a password management system which provides a secure and effective interactive facility that ensures quality passwords.

k) Ensure that user sessions are terminated after a defined period of inactivity.

l) Ensure that audit logs are generated to record user activity and security-relevant events and securely managed and retained with nil ability on the part of the Vendor to allow any un-authorised access or amendment to the audit logs. Such audit logs must be maintained for future reference for a period of at least one year.

m) Ensure that monitoring of audit and event logs and analysis reports for anomalous behaviour and/or attempted unauthorised access are performed by Vendor’s staff independent of those users being monitored.

n) make available audit logs where required by TSP for review.

o) Ensure all systems holding, processing or accessing TSP Information shall be hardened as per industry standards.

p) Ensure that to the extent possible, development, test and live environments are segregated from each other and the other work areas in Vendor buildings.

q) Implement controls to detect and protect against malicious software and ensure that appropriate user awareness procedures are implemented.

r) Ensure that Vendor has in relation to all Vendor Systems formal security incident management procedures with defined responsibilities.

s) Ensure that any unauthorised software is identified and removed from Vendor Systems holding, processing or accessing TSP Information.

t) Ensure that Access to diagnostic and management ports as well as diagnostic tools are securely controlled to TSP’s reasonable satisfaction.

u) Ensure that Access to Vendor’s audit tools shall be restricted to Relevant Contract Personnel and their use is monitored.

v) Ensure that data gathered after running audit tool is properly protected.

w) Performenhanced independent codereviews (including penetration testing) on all Vendor Systems, as a part of the Vendor’s security development lifecycle (SDL).

6.2 The devices which use proprietary encryption technique should not be used for holding TSP information.


6.3 To the extent the servers are used to fulfill the purpose of this Agreement, Vendor’s servers shall not be deployed on un-trusted networks without appropriate security controls.

6.4 Changes to individual Vendor Systems shall be controlled and subject to formal change control procedures. All documentation relating to Vendor Systems shall be protected from unauthorized Access or amendment.

6.5 Security procedures and controls shall be used to secure equipment holding, accessing or processing TSP Information in Vendor Systems.

7. Conditions for Equipment Vendors

7.1 Conformance to Security Standards and Policies

The Vendor shall ensure and certify that the supplied equipment has been subjected to penetration testing and all addressable vulnerabilities have been mitigated and the equipment is ‘Safe to Connect’ in the Telecom Network as per the latest standards and recommendations on the subject from ITU/ISO/IETF/IEC etc. It will also include that the equipment confirms to the security policies of the TSP with respect to network elements. This applies to all telecom network elements and IT equipment used in the network.

The Vendor shall also ensure that the equipment supplied has all the contemporary security related features, facilities, hardware, software etc for the purpose of Interception, Monitoring, Analysis etc for use by the law enforcement agencies and provide complete information to enable these features and facilities before the supply of the equipment or the procedure of enabling these, if these are to be enabled after the commissioning of the network. The Vendor shall also submit a test report on these features and facilities and also a certificate that all contemporary features and facilities of this category exist in the equipment supplied.Vendors will be allowed to certify their own equipments based on the testing at the labs which are capable of such testings. IT related elements in the telecom networks which are already ISO 15408 certified will be accepted as certified. Vendor can submit a relevant Self certificate based on test reports in this regard.

7.2 Equipments Configuration GuideTwo sets of equipment configuration guide should be supplied which detail the configuration required to meet the policies and standards at least in respect of following:

Network Element security policies:

- Generic OS- Technical Standard for Switches and Routers- Management Standard for Switches and Routers

7.3 Reports

A report on the susceptibility to the attacks on mobile networks shall be provided by the Vendor to the TSP in the following manner:

(a) Next Generation Network Equipment are susceptible to several attacks. The Vendor must submit a report categorically stating that the attacks to which the equipment and the network is susceptible, the degree of risk of each type of attack and mitigation technique to deal with these attacks.. The Vendor will ensure that whatever mitigation was possible as per the current available technologies, techniques, configuration have already been used and adopted by them before the supply of the equipment.


7.4 Security from Malware

There are no known cases of malware disrupting telecom services, yet. However, malware can cause information leaks and can result in the leak of private user information. However, some viruses, worms and Trojans can infect devices and spread malware via text messages or Bluetooth connectivity. This network-based service will also block Denial of Service attacks and restrict network traffic based on source, destination, IP ports and applications. It will also allow enterprise IT managers to lock and/or delete data on lost or stolen devices. The connectivity could affect platforms if adequate firewalls, IDPs are not strong. Therefore Vendors would provide adequate firewall and IDPs with the supply of equipment.

7.5 Cryptography Related Security Issues:

Vendors will take suitable measures to deal with cryptography related vulnerabilities and submit a report of the measures along with a relevant certificate(s)that they have taken adequate measures to deal with these vulnerabilities.

i. Attacks on COMP-128 algorithm ii. Compromised cipher keyiii. Key recovery allowing SIM cloningiv. Hijacking outgoing calls in network swithencryptiondisabled v. Hijacking outgoing calls in network swithencryption enabled vi. Hijacking incoming calls in network swithencryption disabled vii. Hijacking incoming calls in networks with encryption enabled viii. Suppressing encryption between the target user and the intruderix. Suppressing encryption between target user and the true network

7.6 DataFlowAttacks

Many sophisticated attacks disguise themselves in data flows across sessions and ports—the more traffic there is, the harder it is to identify the threats. Vendors may ensure that they are aware of this and submit compliance on the same.

7.7 Additional Interfaces

Many of the problems in the data intensive infrastructure may come to increased number of interfaces additionally for data than those were present for voice only PSTN, hence, the Vendors must give special attention to interfaces and their related vulnerability. Such Vendors may ensure that they provide additional notes that they have taken care of the same and the test mechanism and methodology adopted by them with adequate evidence.

7.8 Security against Remote Access

The Vendor shall submit a written undertaking to the TSP clearly identifying all possible means of remote control/ remote access/remote command and control in the supplied equipment as well as suitable mitigation means to close such access mechanisms.

7.9 Software and Hardware Design Surety :Vendor may choose one of the following Options for Software and Hardware Design Surety

7.9.1 Option 1:

(a) The Vendor shall at TSP’s request enter into an escrow deposit arrangement in respect of all Information and documentation in relation to Supplies in respect of Hardware, executable Software/source code/gold build etc, High Level Designs (HLD), Detail Design Documents (DDD), listings and programmer’s notes) (“the Escrow Information”) as would enable TSP to complete any outstanding


obligations of the Vendor under this Agreement, including, without limitation, obligations that would have existed (including the requirement to fulfil any orders that TSP would have otherwise placed under this Agreement) had this Agreement not been terminated by TSP before the expiry of its Term.

(b) Without affecting any other rights it may have, TSP shall have the right, free of charge, to use the Escrow Information, after its release, in order to use or maintain (including to upgrade) the software, to modify or have modified the software, and to authorize such modified software to or have it maintained by third parties, in case Vendor refuses to do so as per the Agreement.

(c) The Vendor shall ensure that the Escrow Information deposited in accordance with Clause 7.11 (a) is and will be maintained as sufficient to allow a reasonably skilled programmer or analyst to maintain, modify and correct the hardware and software without the help of any other person or reference, and the Vendor further undertakes to keep the Escrow Information fully upto-date throughout the Term.

(d) On the occurrence of any event permitting the release of the Escrow Information, the Vendor shall immediately provide, at its cost and expense, to TSP for a reasonable period, such advice, support assistance, data, information, access to Vendor's personnel or any key personnel of legal owner of the [Hardware and/or] Software for the purpose of understanding, maintaining (including upgrading), modifying and correcting any of the Hardware and/or Software. The softwares and codes written only in English language shall be acceptable. The code/softwares shall be proven to be operational and correct version and to be certified that it does not have self-destructing programmes. This may be ensured by using the same at least once for loading the system initially before being deposited.

7.9.2 Alternative to option 1 is Option 2 as below::

(i) Gold software copy or the Executable copy of the software at the discretion of vendor. (ii) Dumb hardware can be loaded with software by the TSP or under the supervision of TSP from Gold software copy or from the executable copy after checking that hardware is free from any software and ensuring that there are no harmful malware into the hardware. Alternatively, vendors will submit a certificate to BSNL that the supplied hardware is free from harmful malware based on the above test. (iii ) Upgradation of software for a period of as agreed in the Contract .(iv) Design of network (network diagram of Vendor Implemented equipment under the Contract) in digital form and/ or in hard copy

7.10 Penalty

In the event that the Vendor is unable to comply with its obligations under this Agreement, as a result of which the Licensor imposes any sanction on the TSP, which results in any financial and other liabilities on the TSP, the Vendor shall be liable to make good such loss. In addition to the above, in case of any inadequate measures, act of intentional omissions, deliberate vulnerability left into the equipment or in case of deliberate attempt for a security breach by the Vendor, the Licensor may at its discretion blacklist the Vendor from entering into any supply deals with any Indian telecom operators. The TSP shall give the vendor the opportunity to defend any claim prior to imposing any penalty or blacklisting the vendor on account of security breach being attributable to it.

7.11 Inspection

The Vendor must allow the TSP , 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 upto two more times every year until the supplies under the Contract have been completed, at the sole discretion of the TSP. All the documents should be in English and handed over to the visiting team of the TSP at least 4 weeks ahead of the visit.

7.12 Language of Supplies

All the software codes, firmware, operating system, hardware details should be in English only.

8. Data Protection

8.1 The Parties acknowledge that, in respect of all personal data and processed by the Vendor for the purpose of the provision of supplies under the Contract, TSP alone as data controller shall determine the purposes for which and the manner in which such personal data will be processed by the Vendor.

8.2 Other than at TSP's request, or where required by law to provide the supplies, the Vendor shall not disclose or allow access to any Personal Data other than, subject to Clause 8.4(f) to a person placed by the Vendor under the same obligations as contained in this clause who is employed or engaged by the Vendor or within the control of the Vendor in the performance of the Agreement.

8.3 The Vendor shall not use personal data for any purpose other than the provision of the supplies and shall return any personal data to TSP immediately upon request at any time providing such return does not prevent the Vendor from fulfilling its obligations under this Agreement. The Vendor shall retain personal data no longer than is necessary for the provision of the supplies, in accordance with the relevant Applicable Law and such instructions as TSP may provide from time to time. Upon expiry or termination of this Agreement for whatever reason, the Vendor shall immediately return to TSP all personal data and certify that no copies have been made or retained by the Vendor or any third party acting on its behalf.

8.4 The Vendor shall:

(a) process personal data only on the instructions of TSP and to the extent necessary for the performance of this Agreement;

(b) not modify, amend or alter the contents of the personal data except as required or permitted by this Agreement or with TSP’s prior written consent;

(c) implement the appropriate technical and organisational measures to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, and against all other unlawful forms of processing, which measures are set out in more detail in Clause 4 and provide to TSP with a written description of the measures taken when requested by TSP;

(d) comply with all relevant provisions of any TSP codes of practice notified to the Vendor from time to time and the Applicable Law ;

(e) keep all personal data secure and confidential, act only on TSP's instructions with respect to it, and comply with such further reasonable requirements from time to time of TSP for the security of it;

(f) ensure that, of the Vendor’s staff, only those of the Contract Personnel who need to have access to the personal data are granted access to the personal data only for the purposes of the performance of this Agreement and the Contract Personnel are informed of the confidential nature of the personal data and comply with the obligations set out in this Clause 8;


(g) notify TSP forthwith, and in any event, no later than 12 hours from the time it comes to the Vendor’s attention, that personal data transferred by TSP to the Vendor has been the subject of accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, or any other unlawful forms of processing; and

(h) notify TSP in the event that it receives a request or notice from any person subject to having access to that person’s personal data held by it and will provide TSP with full co-operation and assistance in relation to any complaint or request including providing TSP with any relevant personal data it holds within the timescales provided by the request or notice or as otherwise required by TSP.

8.5 In respect of transfer of personal data the following conditions shall apply:

(a) obtain TSP’s prior written consent before transferring personal data to any Subcontractors in connection with the provision of the supplies;

(b) prior to any transfer of personal data, enter into or procure that any Subcontractor delivering the supplies will enter into contracts for the transfer of personal data. In respect of personal data transferred by TSP to the Vendor or acquired by the Vendor from TSP’s systems to a country outside of India shall be on the basis of Applicable Laws , or such other data protection model contract terms as may be agreed between the Parties from time to time, except where the relevant Applicable Laws provides for a derogation from this requirement.

8.6 Any breach of this Clause 8 by the Vendor shall be deemed to be a material breach of the Agreement and the Vendor shall indemnify TSP from the against any costs, losses, damages, proceedings, claims, expenses or demands incurred or suffered by TSP which arise as a result of such breach.

8.7 The Vendor shall, upon TSP giving reasonable notice, allow TSP or its nominated representatives such access to its premises, Information and records and those of its agents subsidiaries and sub contractors, as may be reasonably required by TSP from time to time to assess the Vendor’s and/or Contract Personnel’s compliance with this Clause 8.

9. Regulatory Matters

9.1 The Vendor shall

(a) comply with all regulatory matters under Applicable Laws including, without limitation, any actions that TSP may require in connection with any regulatory matter, that are notified to the Vendor Regulatory Contact from time to time by the TSP Regulatory Contact in so far as they relate to the performance by the Vendor under the Agreement.

(b) within 14 days of the Commencement Date, ensure that the Vendor Regulatory Contact contacts the TSP Regulatory Contact to establish the nature and extent of communication between them, to assist them in meeting all regulatory requirement relevant to the Contract, as set by the Licensor or any Governmental Authority or any other person nominated by Licensor

(c) ensure that the Vendor and its Contract Personnel have undergone the proper and adequate training for the purpose of performing its obligations under this Agreement and promptly provide such information to TSP as shall be necessary for TSP to respond fully and to the timescale required to any request or requirement for information from any Governmental Authority , to the extent


that such information relates to the performance of the obligations by the Vendor under the Agreement.

10. Confidentiality

10.1 In this Clause, “TSP Information” which TSP from time to time identifies to the Vendor as being commercially confidential, or is by its nature commercially confidential or defined by TSP as confidential, or confidential as per the Applicable Law. The term “Information” shall mean and include all or any communication(s), Information(s) or data disclosed, whether written, visual or oral and other material supplied to or obtained by the Party (“Recipient”) from the other Party (“Disclosing Party”) during the course of the Agreement.

10.2 Except with TSP's consent, the Vendor shall not disclose TSP Information to any TSP employee, not authorized to receive such information

10.3 Subject to the Clause 11, either Party receiving Information from the other shall not without the other’s prior written consent use such Information except for Contract purposes or disclose such Information to any person other than TSP's employees, agents and contractors or Contract Personnel who have a need to know and who are bound by equivalent obligations of confidentiality. Any breach of such obligations by Contract Personnel or TSP's employees, agents or contractors (as the case may be) shall be deemed to be a breach by the Vendor or TSP respectively.

10.4 Clause 10.2 and Clause 10.3 shall not apply to Information that is:

(a) published except by a breach of the Contract; or

(b) lawfully known to the Recipient at the time of disclosure and is not subject to any obligations of confidentiality; or

(c) lawfully disclosed to the Recipient by a Vendor without any obligations of confidentiality; or

(d) replicated by development independently carried out by or for the Recipient by an employee or other person without access to or knowledge of the Information.

10.5 The Vendor shall not publicize this Agreement without TSP’s prior written consent and shall ensure that any subcontractor is bound by similar confidentiality terms to those in this clause.

10.6 Either Party that has during the course of this Agreement received Information in arecorded form from the other (or has recorded received Information) shall return ordestroy in a complete irrecoverable mode (at the option of the disclosing party) suchrecords upon:

(a) expiry or termination of this Agreement; or(b) upon earlier request unless such records are part of the supplies.

10.7 This clause shall survive termination / expiry of this Agreement.

10.8 The obligations of confidentiality shall also be governed by the Non-Disclosure Agreement dated [●] (“NDA”), entered into between the TSP and the Vendor. In the event of any conflict between this Clause 10 and the NDA, the provisions of the NDA shall be applicable.

11. Intellectual Property


11.1 Each Party will retain its right, title and interest in its respective trademarks, service marks and trade names as well as rights in respect of any patent, copyright, trade secrets or other intellectual property used during the performance of this Agreement. Both Parties recognise that except as otherwise expressly provided herein or agreed between the Parties, they shall have no right, title, interest or claim over the others’ intellectual property.

11.2 The Vendor agrees that it shall defend, at its own expense, all proceedings, suits and claims against and/or affecting the TSP or any of their officers, directors or employees (“Indemnitees”) with respect to infringement, breach or violation of any patent, trademark, copyright, trade secret, mark or other intellectual property rights of any third party in the course of performance of its obligations under this Agreement. The Vendor agrees that it shall indemnify the Indemnitees for all sums, costs, expenses and liabilities including, without limitation, all reasonable attorneys’ fees and other costs, incurred by Indemnities in connection with or otherwise arising out of any such proceeding, suit or claim.

If in any such suit so defended, all or any part of the equipment or any component thereof or the use thereof is held to constitute an infringement or violation of third party intellectual property rights and its use is enjoined, or if in respect of any claim of infringement or violation the Vendor deems it advisable to do so, the Vendor shall at its sole cost and expense take one or more of the following actions: (a) procure the right to continue the use of the same without interruption for the TSP; or (b) replace the same with non-infringing Equipment that meets the technical specifications stipulated under the Contract; or (c) modify the said equipment or any component thereof so as to be non-infringing; provided, that (i) the equipment or any component thereof as modified complies with all of the technical specifications as stipulated under the Contract; and (ii) Vendor shall fully indemnify the TSP for any costs associated with any such action.

12. Security Review-The Vendor shall:

(a) give to (or procure the giving to) TSP (or any person authorised by TSP) suchaccess at all reasonable times to the Vendor’s and any Subcontractor’s records andpremises related to this Agreement as TSP may require from time to time to assessthe Vendor’s compliance of these policies in this Agreement;

(b) such assessments may include assessments of all elements of physical and logicalaudits, penetration testing of the Vendor’s Systems. The Vendor shall facilitate thisassessment by permitting TSP to collect, retain and analyse information to identifypotential security risks including trace files, statistics, network addresses and theactual information or screens accessed or transferred; and

(c) provide such reports to TSP and attend such meetings as may be reasonablyrequired by TSP.

13. Network Audit, Test and Certification:

The process of networks audit and certification should be performed by the test and certification agencies to include following activities:

(a) Network forensics to identify existing unwanted running processes\ malwares\backdoors etc. on all networks' elements. The operation includes sniffing of livetraffic to identify unwanted redirection and interception of traffic.

(b) Network Hardening to map all networks elements and to calibrate them tooptimized secured state.

(c) Network penetration test to assure system durability against any kind of attack.

(d) Risk assessment to understand what actions should be taken to minimize future of 184


damage to carrier and what risks are inevitable.

(e) Actions to fix found problems by setting systems to default or acquiring relevant IT security technologies to prevent such problems from reoccurring.

An available list of Test and Certification Agencies (Third Parties) in various countries who may take up the regular Technical Audit of Networks and Security Certification is given at Appendix I. The TSP may engage the services of any other Network Audit andSecurity Certification agency also

14 Investigation:

14.1 If TSP believes that there has been a breach by the Vendor of the provisions of thisAgreement, TSP will inform the Vendor Security Contact. The Vendor shall cooperate with TSP fully in any ensuing investigation. The Vendor shall provide list of users who have had access to TSP Systems and TSP Information to TSP and/or any law enforcement agency. TSP shall have access to the Vendor Systems and TSP Information in the Vendor’s premises generally with prior notice but include the right to make unannounced visits.

14.2 The Vendor shall report to TSP Security Contact promptly of any potential misuse of TSP Information or improper or unauthorised access to TSP Systems and TSP Information. Upon request, the Vendor shall promptly provide to TSP a written report with details of the potential misuse of TSP Information or improper or unauthorised access to TSP Systems and TSP Information, a remedial plan and a timetable for achievement of the planned improvements and steps to be taken to avoid the repeat of the potential misuse of TSP Information or improper or unauthorised access to TSP Systems and TSP Information.

14.3 If any audit or investigation reveals that there is a potential risk to the confidentiality, integrity or availability of TSP Information in the Vendor’s processes or Vendor Systems, Vendor shall promptly correct any security risk in the Vendor’s processes or Vendor Systems promptly.

14.4 During investigation, the Vendor shall co-operate with TSP, providing reasonable access, accommodation, facilities and assistance to all Vendor Systems as reasonably necessary to investigate the breach of the provisions of this Agreement including permitting interview of any sales, engineering or other operational personnel of Vendor. TSP shall, or at TSP’s request shall instruct the Vendor to, confiscate for evaluation any tangible or intangible asset suspected to have been used for information/ security breach or provide lead to investigation belonging to the Vendor or its subcontractor to aid the investigation.

15. Limitation of LiabilityThe aggregate liability of the Vendor to the TSP in respect of any breach of obligations under this Agreement shall not exceed the sum of Rs. 50,00,00,000 (Rupees Fifty Crores only) per breach, provided that such limitation shall not apply to claims arising pursuant to Clauses 10 and Clause 11.2 or pursuant to any other Clause where such limitation is expressly excluded.

16. Term and Termination

16.1 This Agreement shall be effective from the Commencement Date .Notwithstanding anything contained herein or in the Contract, this Agreement shall survive till any equipment is working, which is supplied and served by the Vendor under this Contract or for a period of ten years after signing of this Agreement whichever is later (“End Date”).


16.2 This Agreement may also be terminated in the event it is so determined by the Licensor or under Applicable Laws.

16.3 The termination of this Agreement shall be without prejudice to the rights and obligations of the parties which have accrued up to the date of termination.

17. Indemnity

17.1 The Vendor shall indemnify and hold harmless the TSP and its employees, agents, shareholders, directors, representatives, against any claims or penalty or consequence arising out of breach of the security related terms of the license granted by the Licensor as a result of breach or non-compliance by the Vendor with its obligations in this Agreement.

17.2 It is clarified that any expenditure incurred by the TSP for complying with security related provisions as prescribed under Applicable Law shall be borne by the Vendor. In the event there is a breach of the security related provisions as prescribed under Applicable Laws, any penalty imposed by the DoT on the TSP shall be paid by the Vendor to the TSP. Further, any testing of Vendor’s equipment including requirement of testing equipment shall be met by Vendor at his own cost.

18. Governing Law

This Agreement shall be governed by laws of India and the Parties agree to the exclusive jurisdiction of the Indian courts where the registered office of the TSP is situated.

19. Arbitration

19.1 In the event of any question, dispute or difference arising under this Agreement or in connection there-with, the same shall be referred to the sole arbitration of the CMD,BSNL or in case his designation is changed or his office is abolished, then in such cases to the sole arbitration of the officer for the time being entrusted (whether in addition to his own duties or otherwise) with the functions of the CMD, BSNL or by whatever designation such an officer may be called (hereinafter referred to as the said officer), and if the CMD, BSNL or the said officer is unable or unwilling to act as such, then to the sole arbitration of some other person appointed by the CMD, BSNL or the said officer. The agreement to appoint an arbitrator will be in accordance with the Arbitration and Conciliation Act 1996. There will be no objection to any such appointment on the ground that the arbitrator is a government servant or that he has to deal with the matter to which the agreement relates or that in the course of his duties as a government servant he has expressed his views on all or any of the matters in dispute. The award of the arbitrator shall be final and binding on both the parties to the agreement. In the event of such an arbitrator to whom the matter is originally referred, being transferred or vacating his office or being unable to act for any reason whatsoever, the CMD, BSNL or the said officer shall appoint another person to act as an arbitrator in accordance with terms of the agreement and the person so appointed shall be entitled to proceed from the stage at which it was left out by his predecessors.

19.2 The arbitrator may from time to time with the consent of both the Parties enlarge the time frame for making and publishing the award. Subject to the aforesaid, Arbitration and Conciliation Act, 1996 and the rules made there under, any modification thereof for the time being in force shall be deemed to apply to the arbitration proceeding under this clause.

19.3 The venue of the arbitration proceeding shall be the office of the CMD BSNL), BSNL Corporate Office, New Delhi or such other places as the arbitrator may decide.

20 Notices


20.1 Any notice, documents, information, direction and any other communications required or permitted to be (or such other addresses as specified in writing by the respective Party from time to time) hereunder shall be sent in writing and sent by registered post, courier and or by facsimile transmission or delivered personally by hand or sent by email addressed to the other Party to the relevant addresses set out below at the following addresses: If to the TSP:

Bharat Sanchar Nigam Limited2nd Floor, Bharat Sanchar BhavanHC Mathur LaneNew Delhi 110001Attention: [●]Fax: [●]Email: [●]

If to the Vendor: [Name][Address}Attention: [●]Fax: [●]Email: [●]

20.2 Any such notices and other documents shall:(a) if delivered by hand, be deemed to have been given and received at the place of

receipt on the date of delivery;

(b) if mailed by post or couriered, be deemed to have been given and received at the place of delivery on the date of delivery.

(c) if given by facsimile transmission be deemed to have been given and received, at the place of receipt on the date as shown in the facsimile transmission report; and

(d) if given by e-mail be deemed to have been given and received at the place mentioned in Clause 19 above on the same day.

20.3 Either Party shall inform the other of any change in its address above through a notice in writing to the other Party in the manner set forth above.

IN WITNESS WHEREOF THE PARTIES HAVE CAUSED THESE PRESENTS TO BE EXECUTED ON THE DAY, MONTH AND YEAR HEREINBELOW WRITTEN TO BE EFFECTIVE FROM THE DATE FIRST MENTIONED ABOVE

SIGNED for and on behalf of Bharat Sanchar Nigam Limited

……………………………………………..Signature

……………………………………………Name

……………………………………………Position

………………………………………….....Witness Signature

……………………………………………Name & Address

SIGNED for and on behalf of [●]

……………………………………………..Signature

……………………………………………..Name

……………………………………………..Position

………………………………………….....Witness Signature

……………………………………Name & Address


ANNEXURE – F

ANNUAL MAINTENANE CONTRACT AGREEMENT FOR MSAN on vectoring technology in BSNL on Turnkey basis

This agreement is made on the ________ day of ______(year) to be effective from ___________ between M/s. Bharat Sanchar Nigam Limited, a company registered under the Companies Act 1956 having license to provide all types of services of Telegraph/Telephony and having its registered office at 3rd Floor, Bharat Sanchar Bhawan, Janpath, Harish Chandra Mathur Lane, New Delhi – 110001 (hereinafter called BSNL) of the ONE PART and ______________ a company registered under the Companies Act 1956 and having its registered office at _____________________ (hereinafter called SUPPLIER which expression shall unless repugnant to the context, include its successors in business, legal representatives and administrators or permitted assigns) of the OTHER PART.

WHEREAS, BSNL has placed purchase order on the SUPPLIER vide No. _________ dated ________ for supply, installation, and commissioning& Annual Maintenance of MSAN against tender No._________, dated_____________.

WHEREAS the SUPPLIER has made the offer to duly comply with all the provisions of the Bid Document, including those pertaining to Post Warranty Annual Maintenance Contract, after making himself fully aware and understanding fully the implications of the terms and conditions and specifications mentioned therein and which has been accepted by BSNL on the terms and conditions mentioned hereafter and after ascertaining that the SUPPLIER is fully capable of complying with the aforesaid terms of the Bid Document.

NOW the AGREEEMENT WITNESSE as follows:

1. PERIOD OF VALIDITY OF THE AGREEMENT.

1.1 This Agreement shall remain in force for seven years from the date of completion of one year warranty, while at the same time the terms and conditions of this agreement except for payment of charges to the SUPPLIER shall also apply during warranty period.


1.2 The warranty of the Stores/Equipment supplied for the project shall start from the date of completion of AT of the last equipment in the network.

1.3 While at the same time the terms and conditions of this agreement except for the payment of charges to the SUPPLIER shall also apply during the warranty period including imposition of penalties except that no charges for services provided under warranty/extended warranty shall be payable. Amount for penalties shall be deducted from the pending payments against supplies or if that amount is insufficient then by invoking the PBG available against supply or AMC or from the charges due for AMC.

1.4 After the expiry of the annual maintenance Contract for seven years period, BSNL reserves the right to extend the agreement at the mutually negotiated terms and conditions.

2. In addition to complying with all the terms and conditions recorded in the Bid Document, the SUPPLIER hereby agrees and unequivocally undertakes to fully comply with all the terms and conditions stipulated in this agreement and without any deviation or reservations of any kind.

3. Unless otherwise mentioned or appearing from the context, the Tender (Bid Document and any clarifications thereof and the purchase order shall form part and parcel of this agreement, provided that in case of conflict or inconsistency on any issue relating to this Agreement, the terms set out in the body of this agreement with schedules and Annexure thereto shall prevail.

4. During the period of AMC the SUPPLIER shall inter alia :i. Diagnose the hardware and software faults.ii Rectify the hardware/software faults detected.iii. Repair and replace the faulty PCB and any other equipment or part thereof.iv. Carry out the periodic quarterly preventive maintenance. It also includes

performance monitoring, entire Network optimization, assistance for implementing any SLA/services, QOS& Traffic Engineering and resolving any network problems etc.

v. Upkeep the hardware and software periodically. Periodic change of Consumable items like defective filters, fuses etc., & maintenance of hardware dust free also form part of hardware upkeep.

vi. Upkeep, Updates and upgrade the software to latest version along with associated hardware, if any. All the latest Software Updates, Upgrades and /or Patches shall be implemented at no extra cost (including incidental upgrades such as DRAM , Flash memory, etc.,) along with associated hardware and memory upgrade necessary for maintaining the software, at each site for the entire period of AMC. Functional Testing of the system shall be got done for all functions of all systems after the implementation of Software Updates, Upgrades and Patches in each system.

vii. The software and application when upgraded shall support all the features specific as part of tender document. Also all the current features shall be available on upgrade also. The applications shall be customized as per BSNL requirements.

viii. Create customized reports, web pages, customized portal from various systems like EMS, AAA/SSSS/ SSSC/DHCPetc.

ix. Provide full & time bound assistance in integrating the MSAN and eMS Network elements and associated systems with any other Network element/NMS/PMS/ OSS/BSS/Access network elements as required by BSNL and to resolve any problems that may arise from time to time in respect of inter-working of this eMS with any other NMS to which it has already been integrated. This also includes integrating any new / existing service of BSNL on this network.

x. Provide API’s of systems supplied by it against the Purchase Order for sharing with other NMS or similar systems supplier for the purpose of integration.

xi. Provide highest level of TAC support for resolving the issues related to product/services.

xii. Supplier should provide certificate from OEM for full support of Hardware and application for full duration of AMC period.


5. The supplier shall prepare the schedule of preventive maintenance for each quarter and shall submit the same to BSNL in advance. The preventive maintenance shall not affect the normal functioning of the system. A duly signed preventive maintenance report by representative from Supplier and BSNL officer in-charge shall be submited for settlement of bills. Schedule may be amended as and when required by BSNL.

6. The SUPPLIER shall provide all global software upgrades to BSNL free of cost as part of the AMC as well the maintenance of these upgrades. This shall also include integration of Application Software’s / NMS Network elements with existing / new EMS’s and PMS as well as upgradation of existing elements / management systems.

7. The SUPPLIER shall be solely responsible for the maintenance, repair & upgradation of the software/hardware systems, equipments and parts thereof and BSNL shall not be liable to interact with any of the partners/ collaborators or subcontractors of the SUPPLIER. The supplier shall be responsible for diversion of cards required for operation and Management at no additional cost.

8. The payment of AMC shall be made only when the bidder submits the agreement for the AMC with its back end OEM/ technology partners.

9. REPAIR AND MAINTENANCE:

9.1 TECHNICAL SUPPORT CENTRE:The whole process to be made available on the portal.The supplier shall have technical support center at least one in each region i.e at least 5 in number. The supplier may set up more such centers to meet the criteria for fault restoration/ faulty unit repair times as mentioned in AMC. The SUPPLIER shall furnish the names, locations, complete postal address, Telephone numbers/Mobile andFAX numbers and Email-ID of Technical support Centers at the time of signing this Agreement. The SUPPLIER shall also specify the names of the Nodes to be covered by various Technical support Center in the format given at Appendix-‘A’ to this agreement.The SUPPLIER shall also provide the name of alternate contact person or Technical Support Center with address & telephone /Mobile/ FAX no. and Email-ID which may be contacted by BSNL staff for support in case of no response/poor response from the designated Technical support center as per Appendix-A. This, however, shall not preclude BSNL from imposing the penalties, if any, as applicable as per the terms & conditions of this agreement. Any change in Address, Phone number, FAX Number etc shall have to be intimated in writing by the SUPPLIER to the concerned In-charge of the BSNL Node as well as the concerned head of SSA and BBNW Circle at the earliest. If the Node in charge of the BSNL is unable to report the faults to the normally assigned Technical support Center due to the change of phone number etc. the fault shall be reported as per provision of above and the SUPPLIER shall be responsible for rendering all the maintenance support services to the affected station as per the terms and conditions of this Agreement.

9.2 RESPONSIBILITIES OF TECHNICAL SUPPORT CENTER:

9.2.1 The SUPPLIER shall ensure that all the Technical support centers are manned by fully competent and responsible Engineers and are :

i. Capable of giving all types of necessary technical guidance/assistance over phone to the respective Node in-charge of BSNL sites for fast restoration of faults.

ii. Capable of isolating and restoring the faults at the BSNL sites whenever needed by deputing competitive technical expert.


9.2.2 The SUPPLIER shall also ensure that Technical support Centers are manned and are able to provide service to BSNL round the clock, all the seven days of the week throughout the year. The level of service provided to BSNL shall not go down during night time or due to any day being holiday, or for any other reason.

9.2.3 The Technical support Centers shall receive the faulty cards/units/PCBs from BSNL sites and repair/replace them with good cards during the period of AMC within the timelines mentioned at Clause no. 12. SUPPLIER shall carry out the necessary co-ordination and bear the cost of the same.

9.2.4 One or more of the Technical Support Center (s) shall also work as repair center (s) and they shall be responsible for repairing the faulty cards/units/PCBs and shall also maintain a requisite minimum stock of such cards/equipment often going faulty, in order to keep the down time within limits as envisaged in this agreement. The SUPPLIER shall be at liberty to distribute spares to the nodes as deemed fit or keep them at the designated repair centers. SUPPLIER shall communicate BSNL with the details of the spares.

9.2.5 The Technical support Center shall regularly obtain feedback about the health of the systems under its jurisdiction from the node in charge of BSNL on monthly basis (or even more frequently) and maintain a proper record of such feedback. These shall be made available to the technical experts nominated by the SUPPLIER for analysis and such technical expert in turn shall give adequate and proper guidelines / technical advice to the in-charge of BSNL Nodes for taking necessary preventive measure for reducing the frequency of such faults and also for preventing such faults from re-occurring. This shall, however, not absolve the SUPPLIER from fulfilling his obligations under this agreement.

9.2.6 The supplier shall monitor all the important parameters related to health of network including CPU/memory utilization and submit report on monthly basis to BSNL NOC

9.3 The SUPPLIER shall set up at least five Regional Technical Support Centers/ Repair center or Faulty Parts replacement facility in India within 4 months from the date of Purchase Order, with facilities for repair of all types of modules/units/equipment supplied by it. For third party equipment like Server Hardware at NOC it shall be at the option of the SUPPLIER to either carry out the repair on its own or through the facilities of third party. In all cases, however, BSNL shall interface only with this SUPPLIER.

9.4 For all the third party hardware OEM equipment, the supplier shall have back to back agreement for repair/ replacement of faulty unit/ modules.

10. The first line maintenance shall be done by authorized staff of BSNL by replacement of the faulty/affected module with a readily available good module, stocked at the site by the SUPPLIER at his (SUPPLIER’s) cost or out of the spare capacity, if available, in that node if no spares at site have been made available by the SUPPLIER. Decision whether the module/ cards at any node can be made spare or not shall rest with BSNL. It shall not absolve the SUPPLIER from his responsibilities under this agreement for restoration of fault etc. All such changing/ replacement of faulty/ affected modules shall be done by BSNL staff as per the telephonic (or otherwise) instructions of the technical support centre.

11. The faulty module shall be sent by BSNL to the SUPPLIER`S designated Repair Center/ Technical Support Center within shortest possible time.

12. The SUPPLIER shall arrange and ensure repair or replacement of the faulty equipment, to the concerned BSNL site within 21 days of the detect of the faulty card unit 18 days of receipt of the faulty module at SUPPLIER’s designated Technical support Center. While the responsibility of delivering the faulty module/Card/PCB/equipments to the


SUPPLIER’s premises will lie with BSNL, the responsibility of repairing and sending back the same to the respective BSNL location will be with the SUPPLIER.

13. The 18 days time shall be calculated from the date of receipt of the faulty equipment at the SUPPLIER’s designated premises to the date of receiving back of the repaired/replacement of the same at the concerned BSNL site. Wherever modules are brought by the representative of the SUPPLIER at site for restoration of SW faults, the faulty unit shall be taken back by the said representative for further repair etc. at the cost of SUPPLIER.

14. The responsibility of collecting and delivering the faulty module/Card/ PCB/ equipments to the SUPPLIER’s premises shall lie with the Supplier. The responsibility of repairing and sending back the same to the respective BSNL site shall be with the SUPPLIER. The supplier has to ensure that the faulty card/ chassis collected from the node and the repaired/ replacement card /chassis delivered to the node. BSNL shall not make any arrangement for transport and other formalities.The vendor shall inform the contact details of the designated courier agency for this purpose.

18.1.1.1.1.1.1. The 21 days time shall be calculated from the date of detect of the faulty equipment at the SUPPLIERs designated premises to the date of receiving back of the repaired / replacement of the same at the concerned BSNL site. This time period includes transit time. Wherever sub-racks or other equipment are brought by the representative of the SUPPLIER at site for replacement the faulty unit/sub rack/equipment shall be taken back by the said representative for further repair etc. at the cost of SUPPLIER.

14. The SUPPLIER shall ensure that a minimum stock of 5% of control cards, switching module, interface cards, power module, mother boards, SFPs etc of MSAN, are maintained as spare stock at the Technical support Centers. It shall be at the option of the SUPPLIER to distribute the cards at different Nodes to meet his obligation under AMC.

15. TECHNICAL SUPPORT PROCEDURE: The following procedure shall be followed for Technical support:

15.1 In case of any fault, abnormality in the system, partial or total failure of the system, the officer in-charge of the BSNL Node shall immediately contact the designated Technical support Center of the SUPPLIER/ NOC and give information about the nature of fault over phone / FAX / Mobile / e-mail.

15.2 The supplier shall also make available a web based fault booking system within 2 months of commissioning of Project to enable node incharge/NOC to book the faults. The portal shall be designed in consultation with BSNL. The details of the faults reported shall be recorded in a prescribed format, called the “FAULT–DOCKET” as given in Appendix-B of this Agreement. Changes in the “FAULT-DOCKET” may be incorporated for better reporting and recording reconciliation of the faults at BSNL station and also at Technical Support Centers of the SUPPLIER by mutual agreement and understanding, to best utilize the fault Docket facility as and when such need is felt. To this end changes in fault reporting procedures can also be incorporated.

15.3 Even if the fault is reported over phone to the Technical support Center/NOC, the same shall be booked in the fault booking portal also by the station incharge of BSNL/BSNL NOC. The time of occurrence of fault as recorded in the fault docket shall only be taken into consideration for calculating the actual duration of faults. The time of occurance of fault and time of reporting our phone/mail shall be booked in the “FAULT-DOCKET” and time of reporting shall be taken into consideration for calculation the actual duration of faults.

15.4 Similarly, after rectification of fault, the supplier should attend the same and clearance of the fault will be done by node incharge/ NOC after due verification.

15.5 In case of any dispute arising regarding duration of fault etc, the Fault Docket as maintained at the BSNL Node shall be the guiding document to be agreed by both parties.


15.6 The supplier shall provide a portal for booking faults and share the user id and password to all the node incharges/NOC/Management for booking/closure of dockets and taking out necessary reports.

15.7 The “Fault Docket” shall be filled with utmost care, giving all the details of the faults and other information as prescribed in the Fault Docket and the entries made shall be authenticated by signature of the station In charge of the station concerned.

15.8 In case of a fault booked, Technical instructions shall be given to the BSNL staff of the concerned Node, over phone. If the fault is restored by following the instructions given over phone, the Node In-charge of Node shall close the Fault Docket after making suitable entries and after satisfying himself of the proper restoration of the fault. A copy of the Fault Docket duly filled in shall be sent to the Technical support Center for records.

15.9 The SUPPLIER shall also ensure visits of the expert and competent technical staff of the SUPPLIER in case the fault is not rectified to the satisfaction of BSNL even after following the telephonic instructions and advices.

15.10 Once the fault has been rectified and the system & services were restored to normalcy, the visiting engineer of the SUPPLIER shall record in the Node Log Book, the details of the works done by him for restoration of the faults and also record the details of steps to be taken and procedures to be followed for not only restoration of similar faults by BSNL staff but also for preventing the occurrence of similar faults in future. Similar entries shall be made in the fault docket and on the portal also.

16. MAINTENANCE OF HISTORY SHEET AND LOG BOOKS:

16.1 The SUPPLIER shall supply elaborate maintenance procedures and proforma of the history sheet to every site of BSNL, where its (the SUPPLIER’s) equipments are installed. The Incharge shall fill up the history sheet containing the statistics about the health of the equipments installed at the concerned site and send a report to the Technical support and national Center of the SUPPLIER on monthly basis. Based on the History sheet report, the SUPPLIER shall analyze the health record of each site and if something alarming or unusual is noticed, shall advise the field staff of BSNL to take necessary actions for preventive maintenance of such equipments. These instructions for preventive maintenance shall be passed on to BSNL staff of the concerned station in writing and by sending experts to the respective stations when felt necessary. BSNL reserves the right to make changes in the proforma proposed by the SUPPLIER.

16.2 History sheet proforma shall become part of this agreement as Appendix-C at the time of signing of the agreement. However this will be made online and made available on the portal of the SUPPLIER.

17. AMC CHARGES AND PAYMENTS:

The charges for AMC shall be as given in the purchase order. A copy of the same is enclosed at Appendix D. (to be made part of the agreement at the time of signing this agreement)

17.1 For fulfilling the above obligations, the following shall be the procedure for paying the SUPPLIER the charges for the services rendered by the SUPPLIER under the Agreement.

17.2 BSNL shall not pay any charges in advance. Bills for AMC shall be paid by BSNL at the end of each quarter, after successful execution of the works under this Agreement normally within 2 months of the receipt of the Node-wise bills duly completed along with satisfactory maintenance certificate from node incharges. Vendor shall submit bills for the completed quarter latest by the end of succeeding quarter and in any case not later than 6 months. The bills submitted after 6 months are liable for rejection for processing/Payment.

17.3 All payments shall be made by the BSNL Circles based on the fault report received from Node-in-charges, after deducting penalties if any. For this purpose, BSNL shall designate nodal officers at the respective circle headquarters.


17.4 BSNL reserves the right to adjust any over-payment of AMC charges in anyquarter, any time during the period of AMC.

18. FORCE MAJEURE

Neither BSNL nor the SUPPLIER shall be liable to the other for any delay in or failure of performance of their respective obligation under the agreement caused by occurrences beyond the control of BSNL or the SUPPLIER including but not limited to fire (including failure or reductions), acts of God, acts of the public enemy, war, insurrections, riots, strikes, lockouts, sabotage, any law, status or ordinance, thereof of any other local authority, or any compliance therewith or any other causes ,contingencies of circumstances similar to the above. Either party shall promptly but not later than twenty days thereafter notify the other of the commencement, and cessation of such contingencies, and if such contingencies continue beyond three months. Both parties agree upon the equitable solution for termination of this agreement or otherwise decide the course of action to be adopted.

19. FAULTS: SEVERITY LEVELS AND RESTORATION TIME:

19.1 Any fault in the equipment/system at a node affecting the availability of service to more than 5% of working subscribers on a node shall be treated as Severity Level 1A. Such faults shall be rectified within three hours of its reporting to the sFaults at any of the site causing crash of MSAN application in normal or disaster situation shall be treated as Severity Level 1B. Such faults shall be rectified within three hour of reporting to the supplier.

19.2 Faults at any of the MSAN sites causing slow performance, shall be treated as Severity Level 1C 2. Such faults shall be rectified within four hours of reporting to the supplier.

Any faults affecting the availability of service to 5% or less subscribers on a node shall be treated as Severity Level 2A. All such faults shall be rectified within six hours of its reporting to the supplier.

19.3 Any fault causing failure or slowing down of remote operator terminal NOC access/downloading/printing except due to NOC faults mentioned in 19.2 and 19.3 above shall be treated as Severity Level 2B3. Such faults shall be rectified within twenty four hours of reporting to the supplier. Improper functioning of any server / application shall also fall in this category.

19.4 Here the node shall be taken to mean a site having MSAN. The time for restoration of fault shall be counted from the time of reporting to the technical support centre. Availability of service shall be taken to have been affected if indications including other things, poor bit error rate to the subscriber, intermittent failure, end to end unavailability of service to the customer and customer fault of continuous nature etc.

20. PENALTIES:

20.1 If the supplier fails to restore the fault within the time limit specified in clause19 above, following penalties shall be applicable Severity Level Penalty per hour of delay/Per node/per occasion

1A Rs.10000/-1B Rs.8,000/-1C Rs.5,000/-2A Rs.4,000/-2B Rs.2,000/-

(Delay shall be counted in steps of one hour).Severity Level Penalty per hour of delay/ per node/per occasion

1 Rs. 10000/-2 Rs. 8000/-3 Rs. 5000/-


20.2 The penalty shall be applicable on per node basis even if there is a commonality of fault at any point in the network causing failure in full or part of service at more than one node in the network.

20.3 If the supplier is unable to meet the deadline of 18 days as mentioned in para 12 for repair/replacement of faulty equipment, a penalty of Rs.500/- per day of delay per faulty module/card shall be applicable up to 30 day delay from TAT time (19 th day to 48th day). Beyond 30-day delay (i.e. from 49th day), the penalty shall be Rs. 1000 per day.

20.4 A system of dispatch and receipt challans shall be worked out between BSNL and the supplier within three months of the placement of Purchase Order in order to account for the delay. Decision of BSNL as to how the system is designed shall be final.

20.5 The penalty shall be deducted from the quarterly bills. The maximum value of penalty for fault in nodes shall not exceed 20% of AMC amount of that Telecom Circle in that quarter for the node.

20.6 The overall cap for the penalties for the repair of cards/units shall be 25% of the total quarterly AMC amount.

20.7 The maximum penalty for AMC for the quarter including fault in Nodes and the penalty w.r.t. of the repair/replacement of faulty cards/equipments shall be 25% of the AMC amount of that Telecom Circle in that quarter.

20.8 Any failure affecting the availability of service to more than 20% of the working subscriber in the whole network at a time shall entitle BSNL to deduct 1% of the quarterly bill for each occasion of such failure in the quarter on affected nodes. This shall be in addition to node wise penalty indicated above.

20.9 No unit shall be allowed to be declared as RNP (Repair not possible by the supplier). All the faulty equipments/unit have to be either repaired or replaced at no additional cost to BSNL/ Free of costThe maximum cards/units declared as RNP (Repair Not Possible) in a particular year shall not be more than 0.5% of the quantity supplied per Circle as per PO. In case the RNP cards/units declared are more than 0.5% the additional cards/units shall be replaced free of cost by new cards/units else 1.5 times the cost of the card/unit will be deducted as Penalty and that card/equipment shall be removed from the preview of the AMC Agreement from the subsequent quarter, and the AMC value shall be modified accordingly by the Circle.

20.10 Physically Damaged & Visibly Burnt cards/units shall not be sent for repair, hence excluded from RNP. If some internal components are burnt, then such unit/card can`t be treated as Visibly burnt/ Physically damaged, as the same can`t be verified visually at the time of delivery of unit/card. However supplier will supply the new card at the rates quoted and finalized in the tender. All the Batteries of the UPS supplied shall be under AMC contract and shall not be treated as consumables. Visibly burnt/Damaged if sent by field units shall be returned within turnaround time of 18 days. The cards/units returned beyond 18 days turnaround time shall not be accepted as visibly burnt/Damaged and these cards/units shall be replaced free of cost by new cards else 1.5 times the cost of the card will be deducted as penalty. Visibly burnt/ damaged cards/units to be reviewed in each quarter and shall be removed from the preview of the AMC Agreement from the subsequent quarter, and the AMC value shall be modified accordingly by the Circle

20.11 Any Unit/card/module neither returned during the turnaround time period nor declared as RNP/Visibly Burnt/ Physically Damaged within 60 days of its handing over to the designated courier/ agency/ center receipt of the faulty equipment at the SUPPLIER`S designated premises, an amount equivalent to 1.5 times the cost of equipment/ unit


shall be levied on from the supplier and that card/equipment shall be removed from the preview of the AMC Agreement from the subsequent quarter, and the AMC value shall be modified accordingly by the Circle.

21. The 1.5 times cost as mentioned in Clause no. 20.9 to 20.11 will not be counted as penalty, for the purpose of 25% cap on penalty as mentioned in Clause no. 20.7. However for the cards repaired and returned after 60 daysbut within 120 days, the decision regarding whether to invoke the penalty capping or not shall rest with the CGM(BBNW) looking to overall performance of the vendor.

22. BSNL reserves the right for procurement of new cards/units against burnt/damaged/RNP on hardware cost only as per existing procurement rates of the tender.

23. The Vendor shall make available a web based fault booking system to enable officer incharge/ NOC to book the faults. The portal shall be designed in consultation with BSNL.

24. Non performance of preventive maintenance as per schedule will attract penalty value of up to 4% of the AMC value of the respective node/equipment subject to satisfactory performance of that node. in multiples of 1% depending upon the quantum of PM not performed. This shall be in addition to the penalty already imposed and shall not be considered for capping.

25. After the expiry of annual maintenance contract, it shall be optional for BSNL not to enter the AMC contract further with the contractor. In such circumstances the contractor will be bound to hand over the spare parts /sub assemblies /printed circuit boards etc to BSNL. For this reason the bidder shall quote, in the bid the price of these parts /sub assemblies/PCBs to be paid by BSNL at that time. For the purpose of evaluation of tender sum of these prices will be discounted @ 15% per annum to arrive at the present price. However, if additional spare parts are needed the bidder shall supply them at the same rate. BSNL will have right to purchase spares in quantity, which are less or more than the quantity quoted by the contractor in the bid.

26. TERMINATION OF CONTRACT:

26.1 Failure on the part of SUPPLIER to comply with any of the clauses of this agreement shall constitute to be sufficient ground for termination of contract and the BSNL (purchaser) shall have the right to forfeit the performance securities submitted to BSNL.

26.2 If BSNL is not satisfied with the performance of the SUPPLIER during AMC it reserves the right to terminate the AMC during its currency, after giving two months notice to the SUPPLIER and in such an event the Vendor shall hand over all the spares as indicated above.

27. DISPUTES & ARBITRATION:

27.1 In the event of any question, dispute or difference arising under this agreement or in connection there-with (except as to matter the decision of which is specifically provided under this agreement), the same shall be referred to sole arbitration of the CMD, BSNL, New Delhi or in case his designation is changed or his office is abolished then in such case to the sole arbitration of the officer for the time being entrusted (whether in addition to his own duties or otherwise) with the functions of the CMD, BSNL or by whatever designation such officers may be called (hereinafter referred to as the said officer) and if the CMD, BSNL or the said officer is unable or unwilling to act as such the sole arbitration or some other person appointed by the CMD, BSNL or the said officer. The agreement to appoint an arbitrator will be in accordance with the Arbitration and Conciliation Act, 1996.

27.2 There will be no objection to any such appointment on the ground that the arbitrator is BSNL Servant or that he has to deal with the matter to which the agreement relates or that in the course of his duties as BSNL Servant he has expressed views on all or any of the matter under dispute. The award of the arbitrator shall be final and binding on the parties to the agreement. In the event of such arbitrator to whom the matter is


originally referred, being transferred or vacating his office or being unable to act for any reasons whatsoever, the CMD, BSNL or the said officer shall appoint another person to act as arbitrator in accordance with terms of the agreement and the person so appointed shall be entitled to proceed from the stage at which it was left out by his predecessors.

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

27.4 The venue of the arbitration proceeding shall be the Office of the CMD, BSNL, New Delhi or such other Places as the arbitrator may decide.

27.5 Any party shall not use any information obtained from other party during the course of dispute resolution process under this clause for any purpose other than to resolve the dispute and such information shall not be used in any litigation.

27.6 Both parties shall use their best efforts in good faith and best intention to resolve disputes by mutual negotiation and consultation and shall settle amicably any dispute that may arise or relate to this agreement or a breach thereof. Pending resolution of a dispute, the supplier shall continue to fulfill its obligations under this agreement.

28. SET OFF:

Any sum of money due and payable to the SUPPLIER (including security deposit refundable to him) under this contract may be appropriated by the purchaser or the BSNL or any other person or persons contracting through the BSNL and set off the same against any claim of the Purchaser or BSNL or such other person or persons for payment of a sum of money arising out of this contract or under any other contract made by the SUPPLIER with the Purchaser or BSNL or such other person or persons contracting through BSNL.IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed through their respective authorized representatives on the day and year first above written.

Signed and Delivered for and on behalf of BHARAT SANCHAR NIGAM LIMITED.By____________

Signed on behalf of M/s.___________________By Shri _______________ holder of General Power of Attorney dated__________executed in accordance with the Resolution No. Nil dated _____________ passed by Board of Directors.In the presence of :Witness :__________________________________________

Appendix: “A” to the AMCDetails of Technical support Centers

Sl.No.

Location ofTechnical supportCentre / Name of Contact person

Area/StationsServed

PostalAddress

TelephoneNumbersMinimum two

MobilePhoneNumber

FAXNumber


Appendix-B to the AMC

BHARAT SANCHAR NIGAM LIMITEDFAULT- DOCKET Name of Node: SSA Docket Sl. No:

File No: Date:

From:-Name:

(of the officer incharge/duty officer of the station)Designation:

To,M/s.---------------------------------------------------------------- ( the SUPPLIER)Address:( of the Technical support / Center)

1.1 Date ---------------------------- Time------------------- (of occurrence of fault)1.2 Date.--------------------------- Time------------------- (of Reporting of Fault )

1. Fault Reported to: Technical support Center ( Name of the person) on phone :2. Mode of Reporting : Phone, FAX, e-mail Mobile (Tick whichever is applicable)3. Fault observed in :NOCDR NOC Core Router Edge Router LAN switch Modem ( Tick

whichever is applicable)4. Description of fault & observation of the reporting officer:5. Details of Services affected :6. Percentage of Service affected :7. Date_____________ Time ____________ ( of receiving the 1st assistance over phone from

Technical support Center)8. Details of Assistance received: (Note: Add additional sheet if needed.)9. Date_____________ Time ____________ ( of receiving the 2nd assistance over phone from

Technical support Center)10. Details of assistance received: (Note: Add additional sheet if needed.)11. Was the fault restored by following the instructions given over phone?

A- YES B- B- NO ( Tick whichever is applicable)

12. If Yes, record date & time of restoration & duration of fault : Date____________ Time _________( in hours & minutes) Duration of Fault: ________ days _____ Hours _____minutes.

13. Was the fault restored : A- Partially B- Fully ( Tick whichever is applicable)14. If the fault is not restored or restored only partially, give details of observation: ( Note:

Add additional sheet if needed )15. Note date & time of giving feedback vide Sl No:14 above to the Technical support Center:

(only in the event of partial / non restoration of faults )Date ________________ Time ____________ .( in hours & minutes)

16. Date & Time of arrival of SUPPLIER’s Expert at site / station of fault :Date ___________ Time ___________ .( in hours & minutes)

17. Brief observation and works done by the SUPPLIER’s staff / expert : ( detailed entry to be made by SUPPLIER’s staff in the station Log-Book)

18. Date & Time of complete restoration of the system :Date ____________ Time ____________ ( in hours & minutes)

19. Total Duration of Fault: _________ days _______ hrs ______minutes.20. Remarks of Node in charge ( if any) :21. Remarks of visiting engineer ( of SUPPLIER), if any :


Signature:

Name:

Designation:(of BSNL staff / in charge of the station)

Note:Each page of the Docket must be signed by designated officer of BSNL (including the) additional sheets, if attached

A copy of the Fault- Docket must be sent to the Technical support Center of the SUPPLIER, immediately by FAX / Post after restoration of fault.

At the time of first reporting it may not be possible to pinpoint the fault. Hence more than one boxes can be ticked against Sl.3.2. Similarly observation of the local impact of fault may not be possible against Sl.5. The duty officer shall provide observation which is immediately available. Data on percentage of services affected shall be made available by the supplier through eMS/NMS of MPLS Edge as provided under special conditions.

APPENDIX – C to AMC

PROFORMA FOR HISTORY SHEET(To be submitted by the Bidder)

APPENDIX – D to AMCAMC CHARGES

(To be filled up as per P.O.)

ANNUAL MAINTENANE CONTRACT AGREEMENT FOR MSAN on vectoring technology in BSNL on Turnkey basis

This agreement is made on the ________ day of ______(year) to be effective from ___________ between M/s. Bharat Sanchar Nigam Limited, a company registered under the Companies Act 1956 having license to provide all types of services of Telegraph/Telephony and having its registered office at 3rd Floor, Bharat Sanchar Bhawan, Janpath, Harish Chandra Mathur Lane, New Delhi – 110001 (hereinafter called BSNL) of the ONE PART and ______________ a company registered under the Companies Act 1956 and having its registered office at _____________________ (hereinafter called SUPPLIER which expression shall unless repugnant to the context, include its successors in business, legal representatives and administrators or permitted assigns) of the OTHER PART.

WHEREAS, BSNL has placed purchase order on the SUPPLIER vide No. _________ dated ________ for supply, installation, and commissioning& Annual Maintenance of MSAN against tender No._________, dated_____________.

WHEREAS the SUPPLIER has made the offer to duly comply with all the provisions of the Bid Document, including those pertaining to Post Warranty Annual Maintenance Contract, after making himself fully aware and understanding fully the implications of the terms and conditions and specifications mentioned therein and which has been accepted by BSNL on the terms and conditions mentioned hereafter and after ascertaining that the SUPPLIER is fully capable of complying with the aforesaid terms of the Bid Document.


NOW the AGREEEMENT WITNESSE as follows:

PERIOD OF VALIDITY OF THE AGREEMENT.

This Agreement shall remain in force for seven years from the date of completion of one year warranty, while at the same time the terms and conditions of this agreement except for payment of charges to the SUPPLIER shall also apply during warranty period.

After the expiry of the annual maintenance Contract for seven years period, BSNL reserves the right to extend the agreement at the mutually negotiated terms and conditions.

In addition to complying with all the terms and conditions recorded in the Bid Document, the SUPPLIER hereby agrees and unequivocally undertakes to fully comply with all the terms and conditions stipulated in this agreement and without any deviation or reservations of any kind.

Unless otherwise mentioned or appearing from the context, the Tender (Bid Document and any clarifications thereof and the purchase order shall form part and parcel of this agreement, provided that in case of conflict or inconsistency on any issue relating to this Agreement, the terms set out in the body of this agreement with schedules and Annexure thereto shall prevail.

During the period of AMC the SUPPLIER shall inter alia :Diagnose the hardware and software faults.Rectify the hardware/software faults detected.Repair and replace the faulty PCB and any other equipment or part thereof.Carry out the periodic preventive maintenance quarterly once . It also includes performance monitoring, entire Network optimization, assistance for implementing any SLA/services, QOS& Traffic Engineering and resolving any network problems etc.Upkeep the hardware and software periodically. Periodic change of Consumable items like defective filters, fuses etc., & maintenance of hardware dust free also form part of hardware upkeep.Upkeep, Updates and upgrade the software to latest version along with associated hardware, if any. All the latest Software Updates, Upgrades and /or Patches shall be implemented at no extra cost (including incidental upgrades such as DRAM , Flash memory, etc.,) along with associated hardware and memory upgrade necessary for maintaining the software, at each site for the entire period of AMC. Functional Testing of the system shall be got done for all functions of all systems after the implementation of Software Updates, Upgrades and Patches in each system.The software and application when upgraded shall support all the features specific as part of tender document. Also all the current features shall be available on upgrade also. The applications shall be customized as per BSNL requirements.Create customized reports, web pages, customized portal from various systems like EMS, AAA/SSSS/ SSSC/DHCPetc.Provide full & time bound assistance in integrating the MSANand eMS Network elements with any other Network element/NMS/PMS/ OSS/BSS/Access network elements as required by BSNL. This also includes integrating any new / existing service of BSNL on this network.Provide API’s of systems supplied by it against the Purchase Order for sharing with other NMS or similar systems supplier for the purpose of integration.Provide highest level of TAC support for resolving the issues related to product/services.Supplier should provide certificate from OEM for full support of Hardware and application for full duration of AMC period.

The supplier shall prepare the schedule of preventive maintenance for each quarter and shall submit the same to BSNL in advance. The preventive maintenance shall not affect the normal functioning of the system. A duly signed preventive maintenance report by representative from Supplier and BSNL officer in-charge shall be submited for settlement of bills. Schedule may be amended as and when required by BSNL.

The SUPPLIER shall provide all global software upgrades to BSNL free of cost as part of the AMC as well the maintenance of these upgrades. This shall also include integration of


Application Software’s / NMS Network elements with existing / new EMS’s and PMS as well as upgradation of existing elements / management systems.

The SUPPLIER shall be solely responsible for the maintenance, repair & upgradation of the software/hardware systems, equipments and parts thereof and BSNL shall not be liable to interact with any of the partners/ collaborators or subcontractors of the SUPPLIER. The supplier shall be responsible for diversion of cards required for operation and Management at no additional cost.

The payment of AMC shall be made only when the bidder submits the agreement for the AMC with its back end OEM/ technology partners.

REPAIR AND MAINTENANCE:

TECHNICAL SUPPORT CENTRE:

The supplier shall have technical support center at least one in each region i.e at least 5 in number. The supplier may set up more such centers to meet the criteria for fault restoration/ faulty unit repair times as mentioned in AMC. The SUPPLIER shall furnish the names, locations, complete postal address, Telephone numbers/ Mobile and FAX numbers and Email-ID of Technical support Centers at the time of signing this Agreement. The SUPPLIER shall also specify the names of the Nodes to be covered by various Technical support Center in the format given at Appendix-‘A’ to this agreement.

The SUPPLIER shall also provide the name of alternate contact person or Technical Support Center with address & telephone /Mobile/ FAX no. and Email-ID which may be contacted by BSNL staff for support in case of no response/poor response from the designated Technical support center as per Appendix-A. This, however, shall not preclude BSNL from imposing the penalties, if any, as applicable as per the terms & conditions of this agreement.

Any change in Address, Phone number, FAX Number etc shall have to be intimated in writing by the SUPPLIER to the concerned In-charge of the BSNL Node as well as the concerned head of SSA and BBNW Circle at the earliest. If the Node in charge of the BSNL is unable to report the faults to the normally assigned Technical support Center due to the change of phone number etc. the fault shall be reported as per provision of above and the SUPPLIER shall be responsible for rendering all the maintenance support services to the affected station as per the terms and conditions of this Agreement.

RESPONSIBILITIES OF TECHNICAL SUPPORT CENTER:

The SUPPLIER shall ensure that all the Technical support centers are manned by fully competent and responsible Engineers and are :

Capable of giving all types of necessary technical guidance/assistance over phone to the respective Node in-charge of BSNL sites f or fast restoration of faults

Capable of isolating and restoring the faults at the BSNL sites whenever needed by deputing competitive technical expert.

The SUPPLIER shall also ensure that Technical support Centers are manned and are able to provide service to BSNL round the clock, all the seven days of the week throughout the year. The level of service provided to BSNL shall not go down during night time or due to any day being holiday, or for any other reason.

The Technical support Centers shall receive the faulty cards/units/PCBs from BSNL sites and repair / replace them with good cards during the period of AMC. SUPPLIER shall carry out the necessary co-ordination and bear the cost of the same.


One or more of the Technical Support Center (s) shall also work as repair center (s) and they shall be responsible for repairing the faulty cards/units/PCBs and shall also maintain a requisite minimum stock of such cards/equipment often going faulty, in order to keep the down time within limits as envisaged in this agreement. The SUPPLIER shall be at liberty to distribute spares to the nodes as deemed fit or keep them at the designated repair centers. SUPPLIER shall communicate BSNL with the details of the spares.

The Technical support Center shall regularly obtain feedback about the health of the systems under its jurisdiction from the node in charge of BSNL on monthly basis (or even more frequently) and maintain a proper record of such feedback. These shall be made available to the technical experts nominated by the SUPPLIER for analysis and such technical expert in turn shall give adequate and proper guidelines / technical advice to the in-charge of BSNL Nodes for taking necessary preventive measure for reducing the frequency of such faults and also for preventing such faults from re-occurring. This shall, however, not absolve the SUPPLIER from fulfilling his obligations under this agreement.

The supplier shall monitor all the important parameters related to health of network including CPU/memory utilization and submit report on monthly basis to BSNL NOC

Technical Support Centers/ Repair center shall have the facilities for repair of all types of modules/units/equipment supplied by it. For third party equipment like Server Hardware at NOC it shall be at the option of the SUPPLIER to either carry out the repair on its own or through the facilities of third party. In all cases, however, BSNL shall interface only with this SUPPLIER.

For all the third party hardware OEM equipment, the supplier shall have back to back agreement for repair/ replacement of faulty unit/ modules.

The first line maintenance shall be done by authorized staff of BSNL by replacement of the faulty/affected module with a readily available good module, stocked at the site by the SUPPLIER at his (SUPPLIER’s) cost or out of the spare capacity, if available, in that node if no spares at site have been made available by the SUPPLIER. Decision whether the module/ cards at any node can be made spare or not shall rest with BSNL. It shall not absolve the SUPPLIER from his responsibilities under this agreement for restoration of fault etc. All such changing/ replacement of faulty/ affected modules shall be done by BSNL staff as per the telephonic (or otherwise) instructions of the technical support centre.

The SUPPLIER shall arrange and ensure repair or replacement of the faulty equipment, to the concerned BSNL site within 21 days of the detect of the faulty card unit .

The responsibility of collecting and delivering the faulty module/Card/ PCB/ equipments to the SUPPLIER’s premises shall lie with the Supplier. The responsibility of repairing and sending back the same to the respective BSNL site shall be with the SUPPLIER. The supplier has to ensure that the faulty card/ chassis is collected from the node and the repaired/ replacement card /chassis delivered to the node. BSNL shall not make any arrangement for transport and other formalities.The vendor shall inform the contact details of the designated courier agency for this purpose.

The 21 days time shall be calculated from the date of detect of the faulty equipment at the SUPPLIERs designated premises to the date of receiving back of the repaired / replacement of the same at the concerned BSNL site. This time period includes transit time. Wherever sub-racks or other equipment are brought by the representative of the SUPPLIER at site for replacement the faulty unit/sub rack/equipment shall be taken back by the said representative for further repair etc. at the cost of SUPPLIER.

14. The SUPPLIER shall ensure that a minimum stock of 5% of control cards, switching module, interface cards, power module, mother boards, SFPs etc of MSAN, are maintained as spare stock at the Technical support Centers. It shall be at the option of the SUPPLIER to distribute the cards at different Nodes to meet his obligation under AMC.


TECHNICAL SUPPORT PROCEDURE:

The following procedure shall be followed for Technical support: In case of any fault, abnormality in the system, partial or total failure of the system, the officer in-charge of the BSNL Node shall immediately contact the designated Technical support Center of the SUPPLIER/ NOC and give information about the nature of fault over phone / FAX / Mobile / e-mail.The supplier shall also make available a web based fault booking system within 2 months of commissioning of Project to enable node incharge/NOC to book the faults. The portal shall be designed in consultation with BSNL. The details of the faults reported shall be recorded in a prescribed format, called the “FAULT – DOCKET” as given in Appendix-B of this Agreement.Even if the fault is reported over phone to the Technical support Center/NOC,the same shall be booked in the fault booking portal also by the station incharge of BSNL/BSNL NOC. The time of occurrence of fault as recorded in the fault docket shall only be taken into consideration for calculating the actual duration of faults.Similarly, after rectification of fault, the supplier should attend the same and clearance of the fault will be done by BB NOC after due verification.In case of any dispute arising regarding duration of fault etc, the Fault Docket as maintained at the BSNL Node shall be the guiding document to be agreed by both parties.The supplier shall provide a portal for booking faults and share the user id and password to all the node incharges/NOC/Management for booking/closure of dockets and taking out necessary reports.In case of a fault booked, Technical instructions shall be given to the BSNL staff of the concerned Node, over phone. If the fault is restored by following the instructions given over phone, the Node In-charge of Node shall close the Fault Docket after making suitable entries and after satisfying himself of the proper restoration of the fault.A copy of the Fault Docket duly filled in shall be sent to the Technical support Center for records.The SUPPLIER shall also ensure visits of the expert and competent technical staff of the SUPPLIER in case the fault is not rectified to the satisfaction of BSNL even after following the telephonic instructions and advices.Once the fault has been rectified and the system & services were restored to normalcy, the visiting engineer of the SUPPLIER shall record in the Node Log Book, the details of the works done by him for restoration of the faults and also record the details of steps to be taken and procedures to be followed for not only restoration of similar faults by BSNL staff but also for preventing the occurrence of similar faults in future. Similar entries shall be made in the fault docket (on the portal) also.

MAINTENANCE OF HISTORY SHEET AND LOG BOOKS:

The SUPPLIER shall supply elaborate maintenance procedures and proforma of the history sheet to every site of BSNL, where its (the SUPPLIER’s) equipments are installed. The Incharge shall fill up the history sheet containing the statistics about the health of the equipments installed at the concerned site and send a report to the Technical support and national Center of the SUPPLIER on monthly basis. Based on the History sheet report, the SUPPLIER shall analyze the health record of each site and if something alarming or unusual is noticed, shall advise the field staff of BSNL to take necessary actions for preventive maintenance of such equipments. These instructions for preventive maintenance shall be passed on to BSNL staff of the concerned station in writing and by sending experts to the respective stations when felt necessary. BSNL reserves the right to make changes in the proforma proposed by the SUPPLIER.

History sheet proforma shall become part of this agreement as Appendix-Cat the time of signing of the agreement.However this will be made online and made available on the portal.

AMC CHARGES AND PAYMENTS:

The charges for AMC shall be as given in the purchase order. A copy of the same is enclosed at Appendix D. (to be made part of the agreement at the time of signing this agreement)


For fulfilling the above obligations, the following shall be the procedure for paying the SUPPLIER the charges for the services rendered by the SUPPLIERunder the Agreement.

BSNL shall not pay any charges in advance. Bills for AMC shall be paid by BSNL at the end of each quarter, after successful execution of the works under this Agreement normally within 2 months of the receipt of the Node-wise bills duly completed along with satisfactory maintenance certificate from node incharges.vendor shall submit bills for the completed quarter latest by the end of succeeding quarter and in any case not later than 6 months. The bills submitted after 6 months are liable for rejection for processing/Payment.

All payments shall be made by the BSNL Circles based on the fault report received from Node-in-charges, after deducting penalties if any. For this purpose, BSNL shall designate nodal officers at the respective circle headquarters.

BSNL reserves the right to adjust any over-payment of AMC charges in anyquarter, any time during the period of AMC.

FORCE MAJEURE

Neither BSNL nor the SUPPLIER shall be liable to the other for any delay in or failure of performance of their respective obligation under the agreement caused by occurrences beyond the control of BSNL or the SUPPLIER including but not limited to fire (including failure or reductions), acts of God,acts of the public enemy, war, insurrections, riots, strikes, lockouts, sabotage, any law, status or ordinance, thereof of any other local authority, or any compliance therewith or any other causes ,contingencies of circumstances similar to the above. Either party shall promptly but not later than twenty days thereafter notify the other of the commencement, and cessation of such contingencies, and if such contingencies continue beyond three months. Both parties agree upon the equitable solution for termination of this agreement or otherwise decide the course of action to be adopted.

FAULTS: SEVERITY LEVELS AND RESTORATION TIME:

Any fault in the equipment/system at a node affecting the availability of service to more than 5% of working subscribers on a node shall be treated as Severity Level 1A. Such faults shall be rectified within three hours of its reporting to the supplier.

Faults at any of the site causing crash of MSANapplication in normal or disaster situation shall be treated as Severity Level 1B. Such faults shall be rectified within three hour of reporting to the supplier.

Faults at any of the MSAN sites causing slow performance, shall be treated as Severity Level 1C. Such faults shall be rectified within four hours of reporting to the supplier.

Any faults affecting the availability of service to 5% or less subscribers on a node shall be treated as Severity Level 2A. All such faults shall be rectified within six hours of its reporting to the supplier.

Any fault causing failure or slowing down of remote operator terminal NOC access/downloading/printing except due to NOC faults mentioned in 18.2 and 18.3 above shall be treated as Severity Level 2B. Such faults shall be rectified within twenty four hours of reporting to the supplier. Improper functioning of any server / application shall also fall in this category.

Here the node shall be taken to mean a site having MSAN. The time for restoration of fault shall be counted from the time of reporting to the technical support centre. Availability of service shall be taken to have been affected if indications including other things, poor bit error rate to the subscriber, intermittent failure, end to end unavailability of service to the customer and customer fault of continuous nature etc.

PENALTIES: of 184


If the supplier fails to restore the fault within the time limit specified in clause18 above, following penalties shall be applicable Severity Level Penalty per hour of delay/Per node/per occasion1A Rs.10000/-1B Rs.8,000/-1C Rs.5,000/-2A Rs.4,000/-2B Rs.2,000/-(Delay shall be counted in steps of one hour).

The penalty shall be applicable on per node basis even if there is a commonality of fault at any point in the network causing failure in full or part of service at more than one node in the networkIf the supplier is unable to meet the deadline of 21 days as mentioned in para 11 for repair/replacement of faulty equipment, a penalty of Rs.500/- per day of delay per faulty module/card shall be applicable. Beyond 30-day delay (i.e. from 52ndday), the penalty shall be Rs. 1000 per day.A system of dispatch and receipt challans shall be worked out between BSNL and the supplier within three months of the placement of Purchase Order in order to account for the delay. Decision of BSNL as to how the system is designed shall be final.

The penalty shall be deducted from the quarterly bills. The maximum value of penalty for fault in nodes shall not exceed 20% of AMC amount in that quarter for the node.Any failure affecting the availability of service to more than 20% of the working subscriber in the whole network at a time shall entitle BSNL to deduct 1% of the quarterly bill for each occasion of such failure in the quarter on affected nodes. This shall be in addition to node wise penalty indicated above.

The overall cap for the penalties for the repair of cards shall be 25% of the total quarterly AMC amount.

Visibly Burnt/ Physically damaged cards will not be under this agreement, however supplier will supply the new card at the rates quoted and finalized in the tender. All the Batteries of the UPS supplied shall be under AMC contract and shall not be treated as consumables. Visibly burnt/Damaged shall be returned within turnaround time of 21 days. The cards returned beyond 21 days turnaround time shall not be accepted as visibly burnt/Damaged.

20.9 No unit shall be allowed to be declared as RNP (Repair not possible by the supplier). All the faulty equipments/unit have to be either repaired or replaced at no additional cost to BSNL/ Free of cost.

Any Unit not returned during the turnaround time period within 60 days of its handing over to the designated courier/ agency/ center, an amount equivalent to 1.5 times the cost of equipment/ unit shall be levied on from the supplier. This cost will not be counted as penalty, for the purpose of 25% cap on penaltymentioned in 20.7. However for the cards repaired and returned after 60 daysbut within 120 days, the decision regarding whether to invoke the penalty capping or not shall rest with the CGM(BBNW) looking to overall performance of the vendor.

The Vendor shall make available a web based fault booking system to enable officer incharge/NOC to book the faults. The portal shall be designed in consultation with BSNL.

If BSNL is not satisfied with the performance of the SUPPLIER during AMC it reserves the right to terminate the AMC during its currency, after giving three months notice to the SUPPLIER.

Non performance of preventive maintenance as per schedule will attract penalty value of up to 4% of the AMC value in multiples of 1% depending upon the quantum of PM not performed. This shall be in addition to the penalty already imposed and shall not be considered for capping.


DISPUTES & ARBITRATION:

In the event of any question, dispute or difference arising under this agreement or in connection there-with (except as to matter the decision of which is specifically provided under this agreement), the same shall be referred to sole arbitration of the CMD, BSNL, New Delhi or in case his designation is changed or his office is abolished then in such case to the sole arbitration of the officer for the time being entrusted (whether in addition to his own duties or otherwise) with the functions of the CMD, BSNL or by whatever designation such officers may be called (hereinafter referred to as the said officer) and if the CMD, BSNL or the said officer is unable or unwilling to act as such the sole arbitration or some other person appointed by the CMD, BSNL or the said officer. The agreement to appoint an arbitrator will be in accordance with the Arbitration and Conciliation Act, 1996.There will be no objection to any such appointment on the ground that the arbitrator is BSNL Servant or that he has to deal with the matter to which the agreement relates or that in the course of his duties as BSNL Servant he has expressed views on all or any of the matter under dispute. The award of the arbitrator shall be final and binding on the parties to the agreement. In the event of such arbitrator to whom the matter is originally referred, being transferred or vacating his office or being unable to act for any reasons whatsoever, the CMD, BSNL or the said officer shall appoint another person to act as arbitrator in accordance with terms of the agreement and the person so appointed shall be entitled to proceed from the stage at which it was left out by his predecessors.The arbitrator may from time to time with the consent of parties enlarge the time for making and publishing the award. Subject to aforesaid Arbitration and Conciliation Act, 1996 and the Rules made there under, any modification thereof for the time being in force shall be deemed to apply to the arbitration proceeding under this clause.The venue of the arbitration proceeding shall be the Office of the CMD, BSNL, New Delhi or such other Places as the arbitrator may decide.Any party shall not use any information obtained from other party during the course of dispute resolution process under this clause for any purpose other than to resolve the dispute and such information shall not be used in any litigation.Both parties shall use their best efforts in good faith and best intention to resolve disputes by mutual negotiation and consultation and shall settle amicably any dispute that may arise or relate to this agreement or a breach thereof. Pending resolution of a dispute, the supplier shall continue to fulfill its obligations under this agreement.

SET OFF:

Any sum of money due and payable to the SUPPLIER (including security deposit refundable to him) under this contract may be appropriated by the purchaser or the BSNL or any other person or persons contracting through the BSNL and set off the same against any claim of the Purchaser or BSNL or such other person or persons for payment of a sum of money arising out of this contract or under any other contract made by the SUPPLIER with the Purchaser or BSNL or such other person or persons contracting through BSNL.

IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed through their respective authorized representatives on the day and year first above written.

Signed and Delivered for and on behalf of BHARAT SANCHAR NIGAM LIMITED.By____________

Signed on behalf of M/s.___________________By Shri _______________ holder of General Power of Attorney dated__________executed in accordance with the Resolution No. Nil dated _____________ passed by Board of Directors.

In the presence of : of 184


Witness :__________________________________________

Appendix: “A” to the AMCDetails of Technical support Centers

Appendix-B to the AMC

BHARAT SANCHAR NIGAM LIMITEDFAULT- DOCKET Name of Node: SSA Docket Sl. No:

File No: Date:

From:-Name:(of the officer incharge/duty officer of the station)Designation:

To,M/s.---------------------------------------------------------------- ( the SUPPLIER)Address:( of the Technical support / Center)1.1 Date ---------------------------- Time------------------- (of occurrence of fault)1.2 Date.--------------------------- Time------------------- (of Reporting of Fault )

Fault Reported to: Technical support Center ( Name of the person) on phone :Mode of Reporting : Phone, FAX, e-mail Mobile (Tick whichever is applicable)Fault observed in :NOCDR NOC Core Router Edge Router LAN switch Modem ( Tick whichever is applicable)Description of fault & observation of the reporting officer:Details of Services affected :Percentage of Service affected :


Date_____________ Time ____________ ( of receiving the 1st assistance over phone from Technical support Center)Details of Assistance received: (Note: Add additional sheet if needed.)Date_____________ Time ____________ ( of receiving the 2nd assistance over phone from Technical support Center)Details of assistance received: (Note: Add additional sheet if needed.)Was the fault restored by following the instructions given over phone?YES B- NO ( Tick whichever is applicable)If Yes, record date & time of restoration & duration of fault : Date____________ Time _________( in hours & minutes) Duration of Fault: ________ days _____ Hours _____minutes.Was the fault restored : A- Partially B- Fully ( Tick whichever is applicable) If the fault is not restored or restored only partially, give details of observation: ( Note: Add additional sheet if needed )Note date & time of giving feedback vide Sl No:14 above to the Technical support Center: (only in the event of partial / non restoration of faults )Date ________________ Time ____________ .( in hours & minutes)

Date & Time of arrival of SUPPLIER’s Expert at site / station of fault :Date ___________ Time ___________ .( in hours & minutes)Brief observation and works done by the SUPPLIER’s staff / expert : ( detailed entry to be made by SUPPLIER’s staff in the station Log-Book)Date & Time of complete restoration of the system :Date ____________ Time ____________ ( in hours & minutes)Total Duration of Fault: _________ days _______ hrs ______minutes.Remarks of Node in charge ( if any) :Remarks of visiting engineer ( of SUPPLIER), if any :

Signature:

Name:

Designation:(of BSNL staff / in charge of the station)

Note:Each page of the Docket must be signed by designated officer of BSNL (including the) additional sheets, if attached

A copy of the Fault- Docket must be sent to the Technical support Center of the SUPPLIER, immediately by FAX / Post after restoration of fault.

At the time of first reporting it may not be possible to pinpoint the fault. Hence more than one boxes can be ticked against Sl.3.2. Similarly observation of the local impact of fault may not be possible against Sl.5. The duty officer shall provide observation which is immediately available. Data on percentage of services affected shall be made available by the supplier through eMS/NMS of MPLS Edge as provided under special conditions.

APPENDIX – C to AMC

PROFORMA FOR HISTORY SHEET(To be submitted by the Bidder)


APPENDIX – D to AMCAMC CHARGES(To be filled up as per P.O.)
