(a government enterprises) expression of interest (eoi...

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Bharat Sanchar Nigam Limited (A Government Enterprises)

Expression of Interest (EOI) for Integration of Cell Broadcast System with

BSNL Network

VAS-12/ CBS EOI-2013 Date: 2nd

December, 2013

1. Introduction: BSNL is currently operating its 2G & 3G Cellular Mobile services across

the Nation except in Delhi & Mumbai and has a subscriber base of more than 98 million

(93 million in respect of GSM and 5 Million in respect of CDMA).

1.1 BSNL intends to invite proposals from interested companies/content providers for

providing interactive Cell broadcast based mobile promotional platform and Value

Added Services by integration of BSNL Mobile (GSM/CDMA) network on revenue

sharing basis wherein BSNL will not incur any CAPEX or OPEX. The services may be

either pay per use or subscription based, depending upon customer desire.

1.2 Cell Broadcast is capable of broadcasting a message to reach all mobile handsets in an

area as small as one radio cell and as big as the entire country, whereas SMS is a service

of individual messages. This means that one SMS-CB message can reach a large number

of terminals at once. Only handsets that have CB-channels activated will receive the

messages.

1.3 BSNL has procured TeleDNA make Cell Broadcast Systems at Zonal levels and are

using primarily this service for providing the cell id info. Load Bearing Equipment

(LBE) are extended to each of the circles in the zone, using which, the Circles can also

send circle specific information over the BTS under its jurisdiction area.

1.4 Details of equipment deployed per zone are as below:

CBC Hardware ( along with associated items required for

connectivity with BSNL Network) Qty

OMC Terminals 1

Portal Servers 2

CBC Servers 2

Capacity of Existing CBC Software : Capacity

North Zone (Chandigarh) 70 TPS

East Zone (Kolkata) 50 TPS

West Zone (Pune) 50 TPS

South zone (Trichy) 50 TPS

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Presently BSNL has BSCs/RNCs of various make like Ericsson, Nokia, Motorola,

Nortel, Huawei, Alcatel Lucent, Ms/ ZTE etc. The zone wise data is as below:

Sl. No. Zone No. of BSCs No. of RNC (3G)

1 North Zone 298 76

2 East Zone 177 66

3 West Zone 403 27

4 South Zone 356 60

Total 1234 229

These will keep increasing as & when expansion of network will take place.

PART- A

2. Eligibility Conditions: The Eligibility criteria for qualifying companies to participate in

EOI shall be as below:

2.1 The Bidder company should be registered & incorporated under the Indian Companies

Act, 1956.

2.2 The bidder company should have a minimum overall annual turnover of INR 7.5 Crore

during the last 2 financial years. Bidder company shall submit a turnover certificate from

the company’s Auditors/ CA in this regard.

2.3 The firm shall also have an experience of integrating Cell Broadcast systems with relevant

telecom network elements with requisite network security. In this regard an experience

certificate from the said clients/telecom operator is required to be enclosed in the technical

bid.

2.4 The bidder company must have 2 years experience of providing mobile VAS satisfactorily

to at least one Telcom Company having network of at least 10 Million customers, during

bidder’s performance period of at least 1 year out of last 2 financial years. Company will

have to submit experience certificate from the Telco to this effect.

2.5 The bidder company must have experience of promotions campaigns/marketing and

advertising. Certificate of the company CA for having executed marketing and advertising

assignments for an audio/ visual & digital media in telecom service provider globally, in

last two years for a value of at least 7.5 crores must be provided. The certificate should

contain verification of revenues of clients.

2.6 Bidder company will have to deposit an Earnest Money Deposit (EMD) of INR 10 Lakhs

in the form of DD in the name of A.O. (Cash), BSNL, New Delhi along with the proposal.

2.7 Bidder company should not have substantial equity stake (10% or more), or vice versa, in

and of any Basic services/ Cellular services/ Internet services/ Unified Access services/

National Long Distance services operating company(ies) in India or their promoters. Even

at a later date, if there is a substantial change in the ownership structure of the company

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leading to the above mentioned types of companies/promoters getting more than 10%

stake, then BSNL reserves the right to terminate the contract.

2.8 Bidder company should not be a licensed service provider to provide Basic services/

Cellular Services/ Internet services/ Unified access services/ NLD services anywhere in

India.

2.9 Bidders should not have been black-listed by central/ state governments/ PSUs. The bidder

is required to submit self certification in this regard in the technical bid.

3. List of documents to be submitted as part of the proposal:

3.1 Copy of the Articles & Memorandum of Association.

3.2 Latest list of Directors on the board of the Company with their address (es), contact

telephone numbers, Email Ids, DIN of each director, CIN of the company, etc.

3.3 Board’s resolution in favor of authorized signatory.

3.4 Power of Attorney duly notarized on non-judicial stamp paper of INR 100/- in favor of

authorized signatory.

3.5 Attestation of the signatures of the authorized signatory by any scheduled Bank.

3.6 Audited Annual Reports of the company for the last 2 financial years. However the

unaudited annual report may be submitted for FY 2012-13, if not audited.

3.7 Turnover certificate from the company’s Auditors/ CA for the last 2 financial years

regarding turnover.

3.8 NDA, duly notarized on non judicial stamp paper of INR 50/- (NDA format enclosed at

ANNEXURE-I).

3.9 Contact details i.e. Name, mail id, phone no., mobile no., fax no. of a responsible person

for liasoning in this matter.

3.10 Certificates from the concerned Telecom Operator showing the experience as required

under the eligibility conditions 2.3 & 2.4.

3.11 Certificates from the client showing the experience of promotion campaigns /marketing

and advertising through audio/ visual media as required under the eligibility conditions 2.5.

3.12 Undertakings, in support of company not having more than 10% equity stake and not being

a licensed service provider as required in eligibility conditions in the Performa enclosed at

ANNEXURE-II.

4. Scope of Work:

4.1 The successful bidder shall provide, install, integrate, operate & maintain Cell Broad cast

system as per specified quality of service and perform promotion campaign, marketing and

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advertising activities to commensurate to realization of revenue targets at clause 9.5 and

clause13.4.

4.2 No infra-structure charges (space, power, A/C, transmission media) will be levied upon the

successful bidder. BSNL will allocate suitable space in any of the Zonal centre as per

availability.

4.3 The dimensioning of the equipment & infrastructure requirement will be based on

anticipated traffic volume and provision to expand to handle additional traffic from

anticipated expansion in Wireless Services network and to meet QoS.

4.4 The period of contract will be for 3 ½ years (including integration period of 6 months) and

will be extendable for next two years on year-to-year basis solely at the discretion of

BSNL on same terms and conditions. BSNL reserves the right to expand the scope of work

to include BSNL’s other services apart from mobile services.

4.5 Scope of work is detail is as defined under ANNEXURE-IV.

5. Clarifications of the EOI:

Clarification, if any, may be requested in writing before 15 days of last date of submission

of EOI. BSNL will issue clarifications, if required, before 7 days of last date of submission

of EOI and will be intimated to prospective bidders by email or publicize on BSNL

Website. The queries may be sent on email at [email protected].

6. Submission of Proposals:

6.1 The Firm shall comply with all the provisions mentioned in this document & sign each

page under stamp of firm, as a mark of acceptance of all conditions contained herein.

6.2 All pages of the Proposal shall be serially numbered, as indicated in an index so that

evaluation committee is able to easily locate them.

6.3 Additional/ ambiguous conditions are not permissible and will render the proposal liable

for rejection.

6.4 The commercial proposal on revenue sharing (Financial bid Part-B) will have to be

sealed in a separate envelope but put in the main envelope containing the requisite

documents & technical proposal. Also all the paper of the bid should be signed by the

authorized signatory.

6.5 Proposal(s) not received in this manner shall not be considered.

6.6 The cover envelope shall bear “EOI for selection of VAS Partners for integration of

Cell Broadcast System with BSNL”.

6.7 The proposal from interested eligible firms/ companies will be accepted at the following

address up to 1400 hours on 06.01.2014.

Dy. Manager (VAS-III)

W.S. No. 2066

mailto:[email protected]

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Second Floor, Bharat Sanchar Bhawan,

Janpath, New Delhi – 110001

6.8 All envelopes shall bear the name and address of the company to enable the proposal to be

returned unopened in case it is declared ‘late’ or rejected.

6.9 The proposal may be sent by post or delivered in person on above-mentioned address. The

responsibility for ensuring that the Proposals are delivered in time would vest with the

bidding company. BSNL shall not be responsible if the Proposals are delivered late or

elsewhere.

6.10 Proposals received either by post or courier service or in person after the specified date and

time will not be opened or considered.

6.11 BSNL, at its discretion, may extend the deadline for submission of proposals. 7. Opening of Proposals:

The date & time of opening of proposals shall be the 1500 hours on 06.01.2014.

8. Evaluation of The Proposals:

8.1 The proposals will initially be screened based on the eligibility criteria and submission of

all the requisite documents as asked for.

8.2 The financial proposal of eligible bidders shall be evaluated & rated subsequent to the

establishment of eligibility and compliance.

8.3 Bidders will quote the cost of content/services (revenue share) in terms of percentage in

accordance with the financial bid, Part B i.e. bidders expected revenue in percentage of the

overall top line revenue generated through item no. 13.2 & 13.3 respectively by the bidder

through interactive Cell Broadcast services. Evaluation parameter will be derived as

follows:

Item Quote by bidder in percentage of Top

line revenue (inclusive of all statutory

levies, duties, taxes and IPR)

Weightage Evaluation

parameter

13.2 A 10% X=A*0.1

13.3 B 90% Y=B*0.9

Total - - C= X+Y

8.4 Company shall then be short-listed on the basis of lowest value of evaluation parameter i.e.

C derived from the quotes in financial bid as per clause 8.3, as per the financial evaluation

criteria, the L-1, L-2; L-3 up to Ln will be designated. The L-1 Bidder may be called for

negotiations, if need be. The BSNL reserves the right to counter offer any price. The

agreement will be signed with the finally successful bidder company.

9. Award of work:

9.1 Only one bidder for all the zones will be selected for award of work. The work will be

awarded to L1 bidder. Accordingly the agreement will be signed. BSNL’s Cellular Mobile

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Operations are divided into four Zones viz. East, West, North and South, comprising of the

licensed service areas as defined below. The successful bidder have to integrate its system

in each group as mentioned below:

S. No. Zone Licensed Service Areas (LSAs)

1. East Assam , Bihar including Jharkhand , Kolkata Metro ,Orissa,

West Bengal including A&N, North East (NE-I including NE-II)

2. West Gujarat, Maharashtra, Madhya Pradesh including Chhattisgarh

3. North Haryana, Himachal Pradesh, , Jammu & Kashmir ,Punjab,

Rajasthan, UP (East), UP (West) including Uttarakhand

4. South Andhra Pradesh, Karnataka, Kerala, Tamil Nadu including

Chennai

9.2 In case of failure of the L-1 bidder to execute the agreement, EMD of L-1 shall be

forfeited.

9.3 Incase non acceptance of the work by L1 bidder, Bidders L-2 to L-n may be offered the

work at L-1 rates (revenue share), in the sequence of their ranking, upon refusal of the

bidder ranked higher to them.

9.4 In case of all bidders L-2 to L-n refusing to accept the offer at L-1 rate, the EMD of L-2

to L-n bidders will be returned back to them. EMD of L-1 bidder shall be returned only

after either the acceptance of the offer or signs the agreement and submits the requisite

PBG.

9.5 Successful bidder will have to give a commitment to generate minimum top line revenue

of INR 5 Crore during first year and INR 10 Crore during each subsequent year. This

revenue commitment has to be backed up with a Performance Bank Guarantee (in the

proforma enclosed at Annexure-III) of INR 50 Lakhs within 15 days of signing of

agreement. The Performance Bank Guarantee should be valid for 48 months initially and

will be extendable/replenished on year to year basis.

9.6 In case of not generating the committed revenue as per clause 9.5 and clause 13.4 in

i) First year means 18th

months from signing of agreement

ii) Second year means 19th to 30th month from signing of agreement

iii) Third year means 31st to 42nd month from date of signing of agreement,

the PBG will be forfeited. If the PBG is forfeited then a fresh PBG has to be submitted by

Successful bidder.

10. General Conditions:

10.1 BSNL reserves the right to accept or reject any proposal or to annul this process and reject

all proposals, at any time prior to finalization of the content/service provider(s) without

assigning any reason whatsoever and without thereby assigning any liability to the affected

participant on the ground of BSNL’s action(s).

10.2 Any effort by a company to influence the proposal comparison/evaluation/ work award

decision by way of overt/covert canvassing shall result in non consideration / rejection of

its proposal.

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10.3 BSNL reserves the right to blacklist a participant for a suitable period (as deemed fit by

BSNL) in case it fails to honor its proposal in totality.

11. Delivery of Service:

Successful bidder shall ensure timely roll out and provisioning of commercial services as

envisaged in clause 13.1 to 13.3 and Annexure IV in all the lincenced service area within 6

month of provision of requisite connectivity by BSNL. The verification and testing of

successful integration, including proper charging, will be carried out by a Sub Divisional

Engineers/ Junior Telecom Officers, to be nominated by the Nodal Center.

12. Training to BSNL Staff:

It shall be responsibility of the selected bidders to impart the training at least once in 3

months to BSNL staff/ Call center agent(s) along with process of provisioning of service in

different types of handsets at least 60 man days (trainees) in each zone.

13. Payment to Successful bidder and Revenue Share:

13.1 One of the revenue streams will be in the form of revenue share from Value Added

Services (VAS) promoted & acquisitioned through CBS. At present, BSNL has fixed the

End User Price (EUP) for the services provided by Various VASPs and same will be

shared with the successful bidder at the time of award of work. The successful bidder will

be paid 5 % revenue share of the EUP of the VAS availed by subscriber through CBS. If the successful bidder is already an existing VAS provider then for promoting their own

product, 5% will not apply and it can sell its services/products under the clause 13.3. This

clause is applicable for promoting products other than successful bidder.

13.2 Second stream of revenue will be in the form Advertisers going to use CBS as a

promotional medium alone. The bidder has to quote percentage of revenue share from

the rate card to be decided by BSNL for display of advertisement on BTS sector-hour

basis. At present, BSNL has approximate rate ranging from Rs. 0.85 to Rs. 2/- per sector-

hour. This could be revised based on local market dynamics by BSNL in consultation with

the successful bidder so as to get higher revenue from Advertisers. Both, BSNL and the

successful bidder will make efforts to approach advertisers & get business for CBS. Total

BTS sector-hours will be cumulative hours of advertisement display through a number of

BTS sectors. The tariff, for Advertisement may also work on Click per Response (CPR)

and/ or on Click per Acquisition (CPA) basis, to be decided by BSNL in consultation with

the successful bidder.

13.3 Third stream of revenue will be from infotainment services offered by the successful

bidder on mutually agreed upon EUP between the successful bidder and the BSNL.

Successful bidder may use SMS/USSD/IVR/WAP/GPRS/Data/3G bearers including

games. Percentage of Revenue Share to the bidder will be decided as per quote in financial

bid, Part B. If VASP provide services through any other bearer, BSNL will not liable

to pay any revenue share for such services.

13.4 The successful bidder has to generate minimum 10%, 12% and 15% revenue out of the

minimum committed revenue in first, second and third year respectively as per clause 9.5

for the item mentioned in 13.2 and EUP from promotional/vouchers/Coupons in item 13.3.

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In case of non achievement of above target PBG will be forfeited and successful bidder has

to submit fresh PBG of Rs. 50 (Fifty) Lakh for the remaining period.

13.5 To popularize the Cell broadcast channel for promotional use incentive to the successful

bidder against the activities of clause 13.2 in following manner:

Year Achievement

(in percentage)

Incentive (in percentage) in addition to

the quoted revenue share for item 13.2

only

First 12-15 1%

Above 15 2%

Second 15-20 1%

Above 20 2%

Third Above 20 1%

13.6 The successful bidder will collect the Advertisement order/ Release order in the name of

BSNL and related payment will also be collected in the name of BSNL only. The

successful bidder shall not collect any payment from any advertiser/ customer/ agency in

its name. BSNL will pay the revenue share against the amount received from such

advertisers/ customers/ agencies.

13.7 Payment shall be made on monthly basis to successful bidder on receipt of the bill/invoice.

Successful bidder shall submit the licensed service area (LSA) wise bill to the Zonal In-

charge (who may be DET (VAS) or any officer as nominated by the GM (CMTS), Nodal

Centre). The Zonal In-charge shall verify the bill within seven day and CMTS Nodal

Centre shall then release the cost of content/services payment to successful bidder within

the next 15 days.

13.8 No cost of content/services (revenue share) shall be payable by BSNL to the successful

bidder if its zonal monthly top line revenue remains less than Rs.50,000/-. The cost of

content/services to the successful bidder shall be on pro-rata basis in case of any period

less than one calendar month.

14 Penalty :

14.1 If the commissioning gets delayed the prescribed period (6 months) due to reasons

attributable to the bidder, BSNL reserves the right to terminate the agreement and/or

recover liquidated damage charges @ Rs. 50, 000 per week for first 10 weeks and

Rs.75,000 per week for next 10 weeks. No further extension will be given after 20 weeks.

14.2 The platform shall work in a transparent manner in accordance with guidelines issued by

BSNL without any element of favoritism/ bias in favour or against any VASP(s). In the

event of such complaint having been established with fair opportunity to the successful

bidder, BSNL reserves right to take suitable action, which may include issuing of warning,

imposition of penalty, termination of contract at the risk & cost of the successful bidder for

balance period of contract , forfeiture PBG, Blacklisting of the firm from any business with

BSNL.

14.3 In case of non-availability of service due to reason attributable to the bidder, for a period of

15 days, BSNL may make alternate arrangement at the risk & cost of successful bidder

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along with 10% mark up to compensate for administrative cost. With due notice to the

successful bidder, BSNL may sign agreement for balance contract period with any other

suitable company at the terms and conditions which makes availability of the services at

the earliest. In this process if BSNL has to pay some additional payout, the difference of

actual payout and in quoted rate for the balance contract period will be recovered from the

successful bidder.

14.4 In case of complaints received by BSNL regarding forced activation of VAS, BSNL will

verify such complaints with fair opportunity for explanation to the successful bidder and if

found to be correct, the successful bidder will be levied a penalty amounting to 20 times

the End User Price (EUP) of the VAS activated forcefully.

14.5 In the event, wherein more than 1500 forced activation complaints get established in a

calendar month, BSNL reserves the right to terminate the contract, forfeit the PBG and

black list the bidder.

14.6 For all such events, wherein BSNL is levied upon penalties by TRAI or any other statutory

body, on account of forceful activation, all such penalty amounts would be passed on the

successful bidder. These penalties would be in addition to the penalties imposed by BSNL

in accordance with the clauses 14.1 to 14.5 above.

14.7 The party agrees that neither party shall be liable to other party for any indirect, special,

incidental, punitive or consequential damage (including lost profit) arising out of either

parties breech of this agreement.

15 Quality of Service:

15.1 The Company shall ensure the Quality of Service (QoS) as prescribed by TRAI

(Regulator) from time-to-time. The Company shall operate and maintain its Network

conforming to Quality of Service standards to be mutually agreed subject to such other

directions as the competent authority may give from time to time. The Company shall

adhere to such QoS standards and provide timely information as required therein.

15.2In the process of operating the Services, the company shall be responsible for

a) Installation, Operation & proper maintenance of the equipment.

b) Maintaining the performance and quality of service standards.

c) Response time to any query/ de-activation command from VAS Provisioning system/

CVPS cum CG shall not exceed 30 seconds.

d) Maintaining the MTTR (Mean Time to restore) within the specified limits of the

quality of service as given below in respect of normal failures excluding catastrophes:

i) 90% of faults reported by subscribers should be rectified within 24hours and

99% within three Calendar days.

ii) The company will keep a record of number of faults and rectification reports in

respect of the service, which will be produced before BSNL as and when and

inwhatever form desired.

e) Rectification of fault in the company owned links /equipment will have to be ensured

within 24 hours.

15.3 The company shall be responsive to the complaints lodged by BSNL. He shall rectify the

anomalies within the MTTR specified above and maintain the history sheets for each

installation, statistics & analysis on the overall maintenance status and the same shall be

made available to BSNL at desired intervals in prescribed format/ Performa.

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16 Directions/guidelines from Licensor/Regulator or any Government statutory body:

16.1 In accordance with clause 6.1A of DOT guidelines vide letter No 842-725/2005-VAS-66

dated 31st July, 2008 and any directions of DOT there under, BSNL shall have the right to

direct, to warn, to penalize the company or terminate the Agreement after considering any

report of conduct or antecedents detrimental to the security of the nation. The decision of

BSNL in this regard in accordance with such DOT directions shall be final and binding

and in any case the company shall bear all liabilities in the matter and keep BSNL

informed for all claims, cost, charges or damages in this respect.

16.2 In accordance of DOT guidelines vide letter No 800-62/2008-ASP II/2 dated 14th May,

2008 the company shall provision for lawful interception for VAS which are being

provided to BSNL subscribers using Voice bearer/GPRS/SMS/USSD/PTT etc. Further,

any new Value Added Services should be added/ commissioned in the network only after

having confirmed the provisioning of appropriate monitoring facilities for the same.

16.3 In accordance with TRAI Directions dated 04.07.2011, no forced activation of VAS is to

be done by any VASP. In case VASP is found indulging in VAS forced activations, BSNL

reserves the right to take action as per BSNL’s prevailing policy, amended from time to

time

17 Marketing:

17.1 Marketing, advertising, promotion, etc., for the Cell broadcast based VAS will be done by

the successful bidder at their own cost. It may use CBS itself for the promotion of BSNL

branded CBS but not exceeding 8% of BTS sector-hours calculated from 0900 Hrs to 2100

Hrs basis. BSNL if deemed fit, may do promotion through cost-effective measures such a

message on post-paid bills, space in CSCs/ BSNL premises for posters provided by the

successful bidder etc.

17.2 The successful bidder shall have to adhere to the TRAI’s guidelines in this regard.

18 Suspension, Revocation or Termination of agreement:

18.1 BSNL reserves the right to suspend the operation of this agreement, at any time, due to

change in license conditions or upon directions from the Licensor or Regulator. In such a

situation, BSNL shall not be responsible for any damage or loss caused or arisen out of

aforesaid action.

18.2 BSNL may, without prejudice to any other remedy available for the breach of any

conditions of agreement, by a written notice of ONE month issued to the successful bidder

at its registered office, terminate this agreement under any of the following circumstances:

a) Successful bidder failing to perform any obligation(s) under the agreement;

b) Successful bidder failing to rectify, within the time prescribed, any defect as

may be pointed out by BSNL.

c) Successful bidder going into liquidation or ordered to be wound up by competent

authority.

18.3 If successful bidder is wound up or goes into liquidation, it shall immediately (and not

more than a week) inform about occurrence of such event to BSNL in writing. In that case,

the written notice period can be modified by BSNL as deemed fit under the circumstances.

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BSNL may either decide to issue a termination notice or to continue the agreement by

suitably modifying the conditions, as it feels fit under the circumstances.

18.4 It shall be the responsibility of Successful bidder to maintain the agreed Quality of Service,

even during the period when the notice for surrender/ termination of agreement is pending.

If the agreed Quality of Service is not maintained during the said notice period, it shall be

treated as material breach liable for termination at risk and consequent of Successful bidder

and any cost of content/services payment pending with BSNL shall be forfeited.

18.5 Breach of non-fulfillment of Agreement conditions may come to the notice of BSNL

through complaints or as a result of the regular monitoring. Wherever considered

appropriate BSNL may conduct an inquiry either suo-moto or on complaint to determine

whether there has been any breach in compliance of the terms and conditions of the

agreement by Successful bidder or not? Successful bidder shall extend all reasonable

facilities and shall endeavor to remove the hindrance of every type upon such inquiry.

19 Dispute Settlement:

19.1 All the disputes, differences, controversies / differences of opinions, breaches and violation

arising from or related to the agreement arises out of this Agreement between parties then

same shall be resolved by mutual discussions / reconciliation in good faith.

19.2 If the dispute, difference, controversies / differences of opinions, breaches and violation

arising from or related to the agreement cannot be resolved within 60 (sixty) days of

commencement of reconciliation/discussions, then the same will be referred to two

arbitrators, one to be appointed by each party, with an umpire to be appointed by the two

said arbitrators and the arbitration will be governed by the Arbitration and Conciliation

Act, 1996 of India or any statutory modification or reenactment thereof or any rules made

thereof. The arbitration proceedings shall be in English language. The venue of

arbitration shall be New Delhi, India.”

19.3 The venue of the arbitration proceeding shall be the office of the CMD, BSNL, New Delhi

or such other places as the arbitrator may decide.

19.4 During the arbitration period, the successful bidder shall be required to continue providing

services for a suitable period of time and shall extend all support for smooth transitioning

of services to the company providing alternate arrangements.

20 Force- Majeure:

If at any time, during the continuance of this agreement, the performance in whole or in

part, by either party, of any obligation under this is prevented or delayed, by reason of war,

or hostility, acts of the public enemy, civic commotion, sabotage, Act of State or direction

from Statutory Authority, explosion, epidemic, quarantine restriction, strikes and lockouts

(as are not limited to the establishments and facilities of Successful bidder), fire, floods,

natural calamities or any act of God (hereinafter referred to as event), provided notice of

happenings of any such event is given by the affected party to the other, within 21

Calendar days from the date of occurrence thereof, neither party shall, by reason of such

event, be entitled to terminate the agreement, nor shall either party have any such claims

for damages against the other, in respect of such non-performance or delay in performance.

Provided Service under the agreement shall be resumed as soon as practicable, after such

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event comes to an end or ceases to exist. The decision as to whether the service may be

resumed and the time frame within which the service may be resumed shall be decided

mutually.

21 Set Off:

Any sum of money due and payable to Successful bidder under this Agreement or

otherwise shall be appropriated by BSNL and the same may be set off against any claim of

BSNL for payment of a sum of money arising out of this Agreement or under any other

Agreement made by Successful bidder with BSNL.

22 Indemnification:

22.1 Successful bidder shall agree to protect, defend, indemnify and hold harmless BSNL and

its employees, officers, directors, agents or representatives from and against any and all

liabilities, damages, fines, penalties and costs (including legal costs and disbursements)

arising from or relating to:

a) Any breach of any statute, regulation, direction, orders or standards from any

governmental body, agency, telecommunications operator or regulator applicable to

such party;

b) Any breach of the terms and conditions in the agreement by Successful bidder;

c) Any claim of any infringement of any intellectual property right or any other right of

any third party or person or of law by Successful bidder;

d) Any claim made by any third party or person arising out of the use of the services

and arising in connection with interruptions or degradations of service caused solely

Successful bidder.

e) Any liability arising out of non compliance of Laws, Directives, guidelines etc. of

the Land where Successful bidder is located.

22.2 This clause shall survive the termination or expiry of this Agreement.

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Financial Bid (Part- B)

PRICE SCHEDULE

Sir,

I have gone through the EOI document and have understood them. I accept the revenue

share as defined under para 13.1 of the EOI document. In addition to this, I hereby quote:

Item Percentage of revenue share against top line revenue

In Words In Figures

13.2

13.3

Note:

1. The rate is inclusive of all statutory levies, duties taxes and IPR but excluding Service

Tax, as may be applicable during period of contract.

2. The rate should be limited to 2 decimal points only.

3. In case of variation between rate mentioned in figures & words, the amount in words

shall prevail.

4. The above rates cover the complete scope of work mentioned in the document.

(Signature of Authorized Signatory)

Name…………………………….

Official Seal

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ANNEXURE -I

FORMAT OF THE NON-DISCLOSURE UNDERTAKING

(To be submitted duly notarized on non-judicial stamp paper of Rs.50/- only)

M/s , a company registered under Companies Act 1956, having its

registered office at_________________________________ acting through Shri

______________, the authorized signatory (which expression shall, unless repugnant to the

context, include its successors in business, administrators, in business, administrators,

liquidators and assigns or legal representatives) hereby declare and undertake that we will not

divulge any part of this agreement either through oral or written communication or through any

mode to anyone.

We further undertake and declare that we shall be responsible for safe custody of the

papers/documents including the Agreement proposed to be entered into between M/s BHARAT

SANCHAR NIGAM LIMITED and ourselves. We shall all necessary steps to safeguard the

privacy and confidentiality of the Agreement and shall use our best endeavors to secure that no

person acting on our behalf or ourselves divulge or disclose or use any part of the Agreement

without the written consent of M/s BHARAT SANCHAR NIGAM LIMITED.

We further declare and undertake that if we declare not to sign the above Agreement with M/s

BHARAT SANCHAR NIGAM LIMITED, we shall return back the copy of the Agreement (in

original) back to Sr. GM (VAS) acting on behalf of M/s BHARAT SANCHAR NIGAM

LIMITED within one month without preserving any copy of the same, in any form, whatsoever.

We further declare and undertake to indemnify M/s BHARAT SANCHAR NIGAM

LIMITED for any loss or damage(s) caused to it by virtue of any default from our side in

compliance to the aforesaid conditions.

Signed on behalf of M/s _____________________________ by Shri ________________

(Name and Designation) authorized signatory.

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ANNEXURE -II

UNDERTAKING

We, M/s ______________________________, a company registered under Companies Act

1956, having registered office at ___________________________ do hereby undertake and

declare that we do not have substantial equity stake (10% or more) in & of any

Basic Services

Cellular Services

Internet Services

Unified Access Services

National Long Distance Services

operating company(ies) in India.

Signed on behalf of M/s__________________ by Shri_______________________ (Name &

Designation) authorized signatory (with company stamp).

UNDERTAKING

We, M/s ______________________________, a company registered under Companies Act

1956, having registered office at ___________________________ do hereby undertake and

declare that we are not a licensed service provider to provide Basic services/Cellular

services/Internet services/Unified Access services/ NLD services anywhere in India.

Signed on behalf of M/s__________________ by Shri_______________________ (Name &

Designation) authorized signatory (with company stamp).

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ANNEXURE-III

PROFORMA FOR BANK GUARANTEE

To,

BHARAT SANCHAR NIGAM LIMITED

Bharat Sanchar Bhawan, Harish Chandra Mathur Lane,

Janpath, New Delhi-110001

In consideration of the BHARAT SANCHAR NIGAM LIMITED (BSNL) having signed an

agreement No. ------------ dated _________ (hereinafter called ‘the said agreement’) with M/S ---

------- (hereinafter called ‘-------’) regarding Integration of Cell Broadcast System with BSNL

Network (hereinafter called ‘the Service’) to the subscribers of BSNL as per the terms and

conditions contained in the said agreement, which inter-alia requires the submission of the Bank

Guarantee of Rupees ------- as a security towards the due observance and performance of the

terms & conditions of the said Agreement. We _______________ (indicate the name and address

of the Bank) (hereinafter referred to as ‘the Bank’) at the request of M/s----- hereby irrevocably

and unconditionally guarantee to BSNL that M/s -------- shall render all activities which may be

required to be rendered by M/s------ in connection with rolling out of the services as mutually

agreed and further guarantees that the service which shall be provided by M/s ------- under the

said agreement, shall be actually performed in accordance with terms & conditions of said

agreement to the satisfaction of the BSNL.

2. We, the Bank, hereby undertake to pay BSNL an amount not exceeding Rupees ------

against any breach of any of the terms & conditions contained in the said agreement including

failure to rollout the services as mutually agreed or to extend the validity of this guarantee or to

give a fresh guarantee in lieu of the existing one.

3. We, the Bank hereby, absolutely, irrevocably and unconditionally guarantee as primary

obligor and not merely as surety against the payment of an amount of Rupees -------- to the BSNL

to secure due and faithful observance & performance by M/s---------- of all his obligations under

the said agreement.

4. We, the Bank hereby also 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 reason of breach by the said M/s -------- of any of the terms & conditions

contained in the said agreement or by reason of M/s-----’s failure to perform any of its obligations

under the said agreement including failure to rollout the services as mutually agreed.

5. We, the Bank, hereby agree that the decision of the BSNL as to whether M/s ----- has

failed to or neglected to perform or discharge his duties and obligations as aforesaid and/or failed

to launch the services as mutually agreed, whether the service is free from deficiencies and defects

and is in accordance with the terms & conditions of the said agreement or not and as to the

amount payable to the BSNL by the Bank hereunder shall be final and binding on the Bank.

6. WE, THE BANK, DO HEREBY DECLARE AND AGREE that:

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(a) The Guarantee herein contained shall remain in full force and effect for a period of at least

forty eight months from the date hereof or any extension thereof and that it shall continue to be

enforceable till BSNL is satisfied that the terms and conditions of the said agreement have been

fully and properly carried out by the said M/s ----- and accordingly discharged this guarantee.

(b) 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 of any obligations by the said M/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 M/s ------- and to forbear or to

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 variation or extension being granted to

the said M/s ------- or forbearance act or omission on the part of the BSNL or any

indulgence by the BSNL to the said M/s ----------- or to give such matter or thing

whatsoever which under the law relating to sureties would but for this provision, have

effect of so relieving us.

(c) Any claim which we have against M/s ------ shall be subject and subordinate to the

prior payment and performance in full of all the obligations of us hereunder and we

will not without prior written consent of the BSNL exercise any legal right or remedy

of any kind in respect of any such payment or performance so long as the obligations

of us hereunder remains owing and outstanding.

(d) This Guarantee shall be irrevocable and the obligations of us herein shall not be

conditional of any prior notice by us or by M/s --------.

7. We the BANK undertake not to revoke this Guarantee during its currency except with the

previous consent of the BSNL in writing.

8. Notwithstanding anything contained above, our liability, under the Guarantee shall be

restricted to Rupees ------- only and our Guarantee shall remain in force until 48 (Forty eight)

months from the date hereof or any extension thereof. Unless a demand or claim under this

Guarantee is made on us in writing within this date i.e. all your rights under the Guarantee shall be

forfeited and we shall be released and discharged from all liabilities there under.

Dated _________ day of ____, 2013 at _________

(Signed by the authorized signatory of the Bank)

(Please furnish here the full address of the concerned Branch of the Bank along with the contact

telephone numbers of the concerned Bank Official)

In the presence of Witnesses:

1. Signature 2. Signature

Name Name

Occupation Occupation

Address Address

Place Place

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ANNEXURE-IV

Scope of the Work

1.1 Provisioning of Services:

1.1.1 The bidder shall provide Cell Broadcast (CBS) platform with a feature of interactive

session with customers. The successful bidder will interact with different organizations

including VAS Providers directly or through BSNL to get business relating to

promotional activities for their product or services using CBS. The system shall be

deployed with sufficient capacity for current subscribers/ traffic and will have seamless

scalability provision, both from hardware and software point of view, to meet the future

requirement, during currency of the agreement.

1.1.2 Bidder may upgrade & use the existing CBS of BSNL or provide new one as swap of the

existing one for provision of the services as envisaged in the EOI. However, no

additional cost, whatsoever shall be paid on this account to the bidder by BSNL. The

details of existing CBS have been mentioned in this EOI document.

1.1.3 The successful bidder shall be paid a percentage of revenue generated as a result of the

activities as above. The revenue share for these activities has to be quoted in financial

bid.

1.1.4 The successful bidder shall have to carry out promotional activities free of cost i.e

without any revenue share in respect of BSNL products/ services including BSNL

branded VAS or for products/ services as ordered by the Licensor or Regulator.

1.1.5 Cell Broadcast will not be allowed on 24x7 basis as it might annoy customers. It will be

with a gap of 3 to 5 minutes during 0900 hrs to 2100 hrs. The time of broadcast during

day hour might be changed, as per direction of the Regulator.

1.2 The successful bidder has to develop an application software/ client, which may be

pushed through Web/ WAP/ Bluetooth/ Points of Sales etc., or even through OTA, if

feasible to existing customers of BSNL, which are about 60 Million as on

date. Applications should be such, as could be supported by almost all types of handsets

because more popularity of application will enable more display for maximum customers

and in turn more advertisers will be expected to come forward for using CBS.

1.3 The said application should be upgradable to work with the latest technology. It should

be customer friendly. The application should be able to incorporate new services from

time to time and may be Open Source (OS) compatible, OMA open interface compliant

and technology transparent.

1.4 The size of such application should be such which could be accommodated in 32K

capacity SIMs, if developed to reside in SIM else should be developed to reside in

handsets.

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1.5 The application, if developed for SIMs with application size limit of 15 K may be burnt

at the time of SIM personalization to take care of new BSNL customers.

1.6 In response to Cell Broadcast about a product or service, if a customer desires to submit

request to buy or subscribe, CBS should be able to capture such request and forward it to

the centralized VAS subscription platform or to any other relevant platform. Integration

with VAS subscription platform shall have to be done by the successful bidder using

standard interface.

1.7 BSNL has 2G and 3G Network that will be upgraded as per requirements in future. The

CBS shall support present as well as upgraded network & associated handsets.

1.8 The System shall manage lifecycle of SIM also. Once number is deactivated, it shall

delete it from CBS database as well.

1.9 The system shall support the MNP scenario and capable to handle all combination of call

flows in multi technology environment.

1.10 It shall also provide dynamic menus which can be updated / managed over cell broadcast

/SMS. Initial menus can be burnt in the SIM during SIM personalization.

1.11 All type of Promotional and Advertising messages shall be possible in both IDLE and

SLEEP mode of the device.

1.12 Promotional and Advertising messages should be non intrusive and should get deleted

automatically after a configurable time /number of messages without requiring end user

intervention.

1.13 The system shall support to send one time flash message as well as continuous messages.

1.14 The system should be able to store configurable number of promotional messages on

SIM/Phone memory and should also be accessible to subscriber for view. In case of

validity specific promotions, message should not be viewable after the validity expiry or

Handset switch off event.

1.15 Emergency cell broadcast message should automatically interrupt the display of

promotional interactive message & should have over-rise priority.

1.16 All subscribers should have option of switching OFF/ON the promotional messages &

option for sound notification from handset as well as through customer care interface.

Subscriber should also have an option of choosing the category for which he should /

should not receive message.

1.17 The system shall be able to profile the customer idle screen client using OTA so that

only relevant message(s) is displayed.

1.18 Make, Model and type of Subscribers handset shall always be updated into the platform

for all the customers.

1.19 The system shall have ability to identify and report the problematic BSCs/RNCs and

their associated Cells/sectors.

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1.20 Push promotional messages should be in vernacular/ regional languages depending on

customer preference or handset support which can be checked from Device Management.

1.21 System deployed should support double confirmation for Advertising and Promotion/

Upsell campaigns. It should be configured in broadcast message itself. SIM interaction

with network for response should be only after second confirmation.

1.22 System should be compatible with IPv4 and IPv6.

1.23 The system should be able to have multiple profile parameters for each customer in line

with those in National Customer Preference Registry (NCPR) or PCPR so that promotion

could be controlled accordingly.

1.24 Successful bidder shall comply with TCCP regulations for DND scrubbing and may not

send promotions to such customers.

1.25 Successful bidder shall comply with all conditions as specified by Licensor/ Regulator or

Government, from time to time.

2.1 Text based CBS services:

2.1.1 The bidder has to deploy CBS, which shall be connected to all the BSCs/RNCs spread in

various LSAs through suitable links.

2.1.2 Cell Broadcast system shall be supplied including web server adequately dimensioned

with suitable firewall to handle at least 30 concurrent BSNL managers spread across

different Circles for composing cell broadcast message for further communication. The

web server shall also have a comprehensive reporting tool for analysis of service-wise

usage pattern by different managers.

2.1.3 The web server shall hold network elements (RNC, BSC, Node-B and BTS) data with

auto-provisioning of additional elements as and when added in the network through OSS

or through manual action by authorized BSNL officials. Integration with OSS systems

supplied by M/s Ericsson, M/s Alcatel Lucent, M/s Huawei, M/s ZTE, M/s NSN may be

required with the CBS for this purpose.

2.1.4 There shall be appropriate GUI with drop-down menu enabling view of a set of BTSs/

BSCs/ geographic area, which may be a Circle or a District or combination thereof, of

interest for administering the cell broadcast area.

2.1.5 The web server shall have capability through suitable API to access external databases

etc. on-line and retrieve geographical places of interest linked to the BTS identity. The

bidder has to implement the API for such access in close coordination with other parties.

2.1.6 The access to third parties & content providers shall be implemented through standard

interfaces and full implementation shall be on the standalone basis.

2.1.7 The system administrator shall be responsible to configure the CBS to define area(s) for

Cell Broadcast for each individual third party users and allow the user to broadcast at

predetermined time bands as per his/ her request. The third party users shall be able to

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control from their own remote terminal the broadcasting functionally in a specific area

within the areas in which he/ she is authorized through web server.

2.1.8 The system shall be capable to identify the area where the message is to be broadcast be

referencing to either Map co-ordinates or names of pre-defined areas.

2.1.9 The system shall support Zone wise/ LSA wise/ Circle wise/District wise and smaller

geographical area wise web user interface designed to

a) Schedule new cell broadcast messages. Scheduling can be done hourly/ daily/

weekly

b) Determine the message repetition rate.

c) Cancel cell broadcast messages that are currently broadcast or are waiting to be

broadcast.

d) Updating the context of currently broadcast messages.

e) Listing the expired cell broadcast messages and their status (broadcasted, pending

or currently broadcast).

f) Shall mandatorily display area info idle Screen

2.2 Interactive CBC:

2.2.1 An idle screen client is to be burnt into the SIM, which is available to BSNL customer all

the time.

2.2.2 The Idle screen client shall be capable of receiving cell broadcast message i.e SMS,

USSD and WAP push for displaying a promotional message.

2.2.3 The Idle screen client shall have capability to initiate a call, send SMS, send MMS, send

USSD, and initiate WAP session.

2.2.4 Idle screen client shall be able to concentrate multiple cell broadcast /SMS messages and

display as one promotional message/menu.

2.2.5 BSNL has multiple SIM vendor scenarios. Client application should have a certified

native version with all major SIM vendors those are available in BSNL.

2.2.6 The Idle screen client shall work with all SIM Tool Kit (STK) compliant handsets for

display and call to action.

2.2.7 Application should also support a Java applet for Java cards and most of the standard OS

for handsets i.e. Symbian, Android, Windows, Blackberry etc.

2.2.8 The SIM applet shall support registration features and be able to send SMS/USSD on

first time location update to the network.

2.2.9 It shall also be possible to send a broadcast on particular CBC channel in defined

network/geographical area, and SIM should respond via SMS/USSD upon receiving the

messages.

2.2.10 SIM applet shall support listening of concentrate multiple cell broadcast channels and

possible to manage these channels through OTA.

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2.2.11 It shall be possible to offer subscription services using different channels. System shall

be able to manage subscription lifecycle and charging as well, through BSNL's

Centralized VAS subscription platform or SDP.

2.2.12 The deployed system shall encrypt the content for broadcast and SIM client shall decrypt

and display.

3. Infrastructure:

3.1 Selected bidder may decide location of CBS of their choice, which may be within BSNL

premises. No infrastructure charges payable by successful bidder. However, the bidders

have to indicate location of CBS at the time of submission of bid.

3.2 Connectivity from CBS location & nearest BSNL transmission point to various network

elements, preferably on IP based MPLS in consultation with the bidder, shall be provided

by BSNL free of cost to the successful bidder.

3.3 The Successful bidder shall provide the requisite Network Security infrastructure

comprising of the Firewalls, Intrusion Prevention System (IPS) and the Anti-Virus

Systems. BSNL will provide only infrastructure facility like space, power, and Air

conditioning. Other infrastructure related to software has to deploy by bidder.

4. Integration:

4.1 Successful bidder will develop the necessary Enterprise Application Integration Server

(EAI server) or equivalent involving online retrieval of data from BSNL’s backend

systems mentioned in this document.

4.2 Successful bidder has to ensure integration of CBS with relevant network elements/

systems of BSNL like BSCs, RNCs, Centralized VAS subscription platform, Service

Delivery Platform, Billing & Customer Care System, Intelligent Network System,

SMSCs, Over The Air (OTA) systems, Operations & Support Systems, Location Based

Server, Decision Support System, Fraud Management & Control Center, Premium Ring

Back Tone server (s) and PCPR/ NCPR systems, Call Centers etc. BSNL will not bear

any additional cost on this account.

4.3 Successful bidder shall arrange to integrate with CVPS cum CG System to comply with

TRAI regulations. CVPS cum CG is capable to handle requests on SMS/ USSD/ IVR/

OBD/ DATA bearers for subscription, renewal and deactivation of VAS to be received

from BSNL customers. This system also capable of effecting VAS provisioning,

obtaining 2nd

consent from customer, providing response to customer query, update VAS

profile of customers within it, trigger delivery of requested VAS and also for its charging

by the billing system (Prepaid as well as Postpaid) through Service Deliver Platform

(SDP) or directly, as decided by BSNL.

4.4 Successful bidder shall arrange to integrate CBS, with any new relevant system (s) that

BSNL may add in its network at a future date during the period of contract, without any

additional cost implication to BSNL.

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4.5 The Successful bidder shall provide the requisite Network Security infrastructure

comprising of the Firewalls, Intrusion Prevention System (IPS) and the Anti-Virus

System at each Call Center for connectivity with BSNL Network.

4.6 The Successful bidder will provide a GUI at Call Centers of BSNL for complaint

booking and their redressal. The same can be used for provisioning/de provisioning of

the services as per request of the customer.

4.7 The Successful bidder will be responsible for any other activities necessary for the

smooth implementation of the Project, not mentioned above but is felt to be essential for

commissioning the CB service.

4.8 The successful bidder shall be responsible for operation and maintenance of the CBS

including its applications/infrastructure on 24X7X365 basis.

5. Reports and Monitoring:

5.1 The successful bidder shall provide necessary logs/ Call Detailed Records (CDRs) in

support of delivery of content/ services through the service to facilitate differential

charging of customers or advertisers as per format & frequency requested for by BSNL.

5.2 The successful bidder shall generate standard reports including reports to verify SLAs,

KPIs and other customized reports, MIS as per BSNL requirement. Reports should also

be available in web-enabled format & should be configurable to be e-mailed to a defined

mailing list.

5.3 System should be able to generate reports based on time period, type of complaints/

queries, Zonal/ Circle/ SSA/ Sector/BTS / City wise, Repeat request or complaints

analysis, Monthly MIS, SLA reports and any other report as per BSNL’s requirement.

5.4 The report format shall be flexible and shall be available either in xls, txt or any other

user-friendly structure including graphics depending on the request of the BSNL from

time to time.

5.5 The successful bidder shall be responsible for development and implementation of the

requisite application for hosting / updating of other information (i.e. information not

available in the BSNL’s Backend systems like FAQ, service details etc. in its system as

well as on website notified by BSNL.

6. Complaint Handling:

6.1. For complaint redressal, E-mail and/ or SMS alerts to be sent to designated BSNL

authorities in case of requisite performance parameter is not met.

6.2. Subscriber Complaints and Reports should be escalated through BSNL WAN, SMS and

web to different Nodal officers/ next levels spread across various places/ cities in BSNL

Circles. The system should be capable of meeting this requirement near on-line to

facilitate BSNL personnel sitting remotely to see & update the complaint/ report any time.

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6.3. It should be possible for the resolution teams to re-assign complaints to a high level

resolution team, in cases where the complaint has been wrongly assigned to some

resolution teams.

7. Responsibility of BSNL:

7.1 BSNL will nominate an officer, Nodal officer (s) to coordinate day-to-day monitoring as

well as quality of content at periodic intervals.

7.2 BSNL will ensure that all new SIM cards to be loaded with bidder’s app.

7.3 BSNL shall define the reporting/ MIS formats and the associated time schedules.

7.4 BSNL will provide transmission media connectivity to various network elements.

7.5 BSNL will provide requisite space and redundant power in the BSNL data center/ switch

room and LAN/WAN connectivity to requisite network elements of BSNL to the bidder’s

installation.

7.6 BSNL will configure, in its own network elements, and provide EI, IP or/and PRI

connectivity between BSNL server/data to equipments. However, the Successful bidder

will provide equipment like router/ LAN etc. required at their end.

7.7 BSNL will give necessary accesses to their Back End systems on-line with open API

interface through secured connection for integration purpose.

7.8 BSNL will provide one SMS/USSD code with suitable prefix for charging/payment to the

successful bidder. In addition to this one SMS/USSD toll free short code will also be

allotted for their subscription based/ frequent used services. If Successful bidder desires

additional short code(s), BSNL will provide on payment basis as per prevailing charges.

7.9 BSNL will provide toll-free access number 1503 for GSM / 3G subscribers, and

9416024365 (or change from time to time) for GSM / 3G subscribers, various SMS codes

and E-mail address to its subscribers to access the Call Center.

(a government enterprises) expression of interest (eoi...

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