aurangabad industrial township limited industrial township limited appointment of telecom service...

Aurangabad Industrial Township Limited

APPOINTMENT OF TELECOM SERVICE PROVIDERS

FOR

LEASING OF DARK FIBRE FOR OFFERING TRIPLE PLAY SERVICES

AT SHENDRA AREA OF AURIC

AURANGABAD INDUSTRIAL TOWNSHIP LIMITED (AITL)

EXPRESSION OF INTEREST (EoI)

(Ref No: AITL/SBIA/2017-18/04)

December 2017


(AITL)

Udyog Sarathi, MIDC Office, Marol Industrial Area

Andheri (East), Mumbai, Maharashtra, India – 400093

Expression of Interest (EoI) for Appointment of Telecom Service Providers for Leasing of

Dark Fibre for Offering Triple Play Services at Shendra Area of AURIC

(Ref No: AITL/SBIA/2017-18/04)

Aurangabad Industrial Township Limited (AITL), an SPV between the

Maharashtra Industrial Development Corporation (MIDC) and the Delhi Mumbai

Industrial Corridor Development Corporation (DMICDC) invites proposals against

EoI from interested Applicants for Appointment of Telecom Service Providers for

Leasing of Dark Fibre for Offering Triple Play Services at Shendra Area of AURIC

in Maharashtra. The salient features of the project, eligibility criteria and

prescribed formats for submission can be accessed in the EoI document uploaded

on the website: https://aitl.eproc.in, www.auric.city and www.dmicdc.com

Interested Applicants are requested to submit their online responses to the EoI on

or before, 2nd February 2018, 3:00 PM. Non-refundable processing fee of INR

30,000/- (Indian Rupees Thirty Thousand only) inclusive of applicable GST shall

accompany the submittals through the online portal only on AITL’s website as a

non-refundable processing fee.

SD/-

Managing Director (AITL)

AITL


https://aitl.eproc.in/

http://www.midcindia.org/

http://www.dmicdc.com/

Appointment of Telecom Service Providers for Leasing of Dark Fibre for Offering Triple Play Services at Shendra Area of AURIC under the Aurangabad Industrial Township Limited (AITL)

ii

Instructions to Applicant for e-Tendering

1. Accessing/Purchasing of EoI documents

(i) It is mandatory for all the Applicants to have a class-III Digital Signature Certificate

(DSC) (with both DSC components, i.e. signing and encryption in the name of

authorized signatory who will sign the EoI) from any of the licensed Certifying

Agencies (Applicants can see the list of licensed CAs from the link

https://aitl.eproc.in to participate in e-tendering of the Client).

(ii) DSC should be in the name of the authorized signatory as authorized in Appendix 3

of the submitted Proposal. It should be in corporate capacity (that is in Applicant

capacity). Please ensure the submission of document certifying the Class III DSC.

(iii) To participate in the EoI, it is mandatory for the Applicant to register their firm with

e-tendering portal of the Client, to have user ID & password which has to be

obtained by submitting the applicable fee & necessary documents. Validity of

online registration is one year. Following may kindly be noted:

(a) Registration should be valid at least up to the date of submission of

Proposal;

(b) Proposals can be submitted only during the validity of their registration;

(c) The amendments / clarifications to the EoI document, if any, will be hosted

on the Client’s website. https://aitl.eproc.in;

(d) If the firm is already registered with e-tendering portal of Client and validity

of registration is not expired the firm / Joint Venture is not required a fresh

registration.

(iv) The complete EoI document can be viewed / downloaded from e-tender portal of

Aurangabad Industrial Township Limited, from the date & time mentioned in the

Data Sheet.

(v) To participate in EoI, Applicants have to pay through online mode an EoI

processing fee of INR 30,000 (Indian Rupees Thirty Thousand only, inclusive of

applicable GST) towards processing fee for EoI (non- refundable).

(vi) Bank details of Client required for online mode:

Beneficiary Name - Aurangabad Industrial Township Limited

Address - Udyog Sarathi, MIDC Office, Andheri (E), Mumbai - 93

Name of the Bank - ICICI Bank Ltd.

Branch address - MIDC, Andheri (E)

Type of Account - Current Account

Account No - 054405007224

IFSC Code - ICIC0000544




iii

2. Preparation & Submission of Proposals

The Applicant may submit his Proposal online following the instructions appearing on the

screen. A buyer manual containing the detailed guidelines for e-procurement is available

on e-procurement portal:

(i) The documents shall be prepared and scanned in different files (in PDF or JPEG

format such that file size is not more than 10 MB) and uploaded during the online

submission of Proposal;

(ii) Proposal must be submitted online only through e-procurement portal of the Client,

using the digital signature of authorized representative of the Applicant on or before

2nd February 2018 (up to 1500 Hours IST).

3. Modification / Substitution / Withdrawal of Proposals

(i) The Applicant may modify, substitute or withdraw its e- Proposal after submission

prior the Proposal Due Date. No Proposal shall be modified, substituted or

withdrawn by the Applicant on or after the Proposal Due Date & Time;

(ii) Any alteration / modification in the Proposal or additional information supplied

subsequent to the Proposal Due Date, unless the same has been expressly sought

for by the Client, shall be disregarded;

(iii) For modification of EoI, Applicant has to detach its old Proposal from e-tendering

portal and upload / resubmit digitally signed modified Proposal;

(iv) For withdrawal of Proposal, Applicant has to click on withdrawal icon at e-tendering

portal and can withdraw its e-Proposal;

(v) It may specifically be noted that once a proposal is withdrawn for any reason, an

Applicant cannot re-submit the e-Proposal.

4. Opening & Evaluation of Proposal

(i) Opening and evaluation of Proposal will be done through online process;

(ii) The online payment facility for the submission of registration Fee and EoI

Processing Fee, which is payable to e-tender service provider, has been enabled

on e-Tender Portal https://aitl.eproc.in. The Applicants can pay registration

Charges as applicable and Tender Processing Fees.



iv

Disclaimer

1. This EoI document is neither an agreement nor an offer or invitation by the Aurangabad

Industrial Township Limited (AITL) to the prospective Applicants or any other person. The

purpose of this EoI is to provide information to the interested parties that may be useful to

them in the formulation of their proposal pursuant to this EoI.

2. AITL does not make any representation or warranty as to the accuracy, reliability or

completeness of the information in this EoI document and it is not possible for AITL to

consider particular needs of each party who reads or uses this EoI document. This EoI

includes statements which reflect various assumptions and assessments arrived at by

AITL in relation to the EoI. Such assumptions, assessments and statements do not purport

to contain all the information that each Applicant may require. Each prospective Applicant

should conduct its own investigations and analyses and check the accuracy, reliability and

completeness of the information provided in this EoI document and obtain independent

advice from appropriate sources.

3. AITL will not have any liability to any prospective Telecom Service Provider Company/

Firm/ or any other person under any laws (including without limitation the law of contract,

tort), the principles of equity, restitution or unjust enrichment or otherwise for any loss,

expense or damage which may arise from or be incurred or suffered in connection with

anything contained in this EoI document, any matter deemed to form part of this EoI

document, the award of the Assignment, the information and any other information

supplied by or on behalf of AITL or their employees, any consultants or otherwise arising

in any way from the selection process for the Assignment. AITL will also not be liable in

any manner whether resulting from negligence or otherwise however caused arising from

reliance of any Applicant upon any statements contained in this EoI.

4. AITL will not be responsible for any delay in receiving the proposals. The issue of this EoI

does not imply that AITL is bound to select an Applicant or to appoint the Selected

Applicants, as the case may be, for the telecom services and AITL reserves the right to

accept/reject any or all of proposals submitted in response to this EoI document at any

stage without assigning any reasons whatsoever. AITL also reserves the right to withhold

or withdraw the process at any stage with intimation to all who submitted the EoI

Application.

5. The information given is not an exhaustive account of statutory requirements and should

not be regarded as a complete or authoritative statement of law. AITL accepts no

responsibility for the accuracy or otherwise for any interpretation or opinion on the law

expressed herein.

6. AITL reserves the right to change/ modify/ amend any or all provisions of this EoI

document. Such revisions to the EoI / amended EoI will be made available on the website

of AITL.

7. This EoI including the selection process shall be governed by, and construed in

accordance with, the laws of India and the Courts at Mumbai shall have exclusive

jurisdiction over all disputes arising under, pursuant to and/or in connection with the

Selection Process.


v

8. The Client, in its sole discretion and without incurring any obligation or liability, reserves

the right, at any time, to:

a) Suspend and/or cancel the Selection Process and/or amend and/or supplement

the Selection Process or modify the dates or other terms and conditions relating

thereto;

b) Consult with any Applicant in order to receive clarification or further information;

c) Retain any information and/or evidence submitted to the Client by, on behalf of

and/or in relation to any Applicant; and/or

d) Independently verify, disqualify, reject and/or accept any and all submissions or

other information and/or evidence submitted by or on behalf of any Applicant.


vi

Table of Contents

VOLUME I – INSTRUCTION TO APPLICANTS .................................................................................... 1

SECTION 1. LETTER OF INVITATION ....................................................................................................................... 2

SECTION 2. INSTRUCTIONS TO APPLICANTS (ITA) AND DATA SHEET ........................................................................ 4

SECTION 3. QUALIFICATION DOCUMENTS - STANDARD FORMS .............................................................................. 29

SECTION 4. CORRUPT AND FRAUDULENT PRACTICES ........................................................................................... 41

VOLUME II – TERMS OF REFERENCE .............................................................................................. 43

1 INTRODUCTION .......................................................................................................................................... 44

2 PROJECT OBJECTIVES ............................................................................................................................... 47

3 EXISTING CONDITIONS ............................................................................................................................... 48

4 BUSINESS AND FUNCTIONAL REQUIREMENTS ................................................................................................ 56

5 SCOPE OF WORK ....................................................................................................................................... 58

6 ROLES AND RESPONSIBILITIES .................................................................................................................... 59

7 IMPLEMENTATION SCHEDULE ...................................................................................................................... 61


pg. 1

VOLUME I – INSTRUCTION TO APPLICANTS

SECTION 1. LETTER OF INVITATION .................................................................................................. 2

SECTION 2. INSTRUCTIONS TO APPLICANTS (ITA) AND DATA SHEET ........................................ 4

A. GENERAL PROVISIONS ................................................................................................................................... 5

B. THE EOI DOCUMENTS .................................................................................................................................. 14

C. PREPARATION OF PROPOSALS ...................................................................................................................... 16

D. SUBMISSION, OPENING AND EVALUATION ....................................................................................................... 19

E. EOI PROCESS ............................................................................................................................................. 22

F. DATA SHEET................................................................................................................................................ 24

SECTION 3. QUALIFICATION DOCUMENTS - STANDARD FORMS ............................................... 29

SECTION 4. CORRUPT AND FRAUDULENT PRACTICES ............................................................... 41


pg. 2

Section 1. Letter of Invitation

Mumbai

Date: 21st December 2017

1. Introduction

Government of India (GoI) has envisaged the development of Delhi Mumbai Industrial Corridor

(DMIC) along the alignment of proposed multi-modal high axle load Dedicated Freight Corridor

(DFC) between Delhi and Mumbai. The corridor covers approximately 1483 km and passes

through six (6) states. To tap the development potential of the proposed freight corridor, a

band spanning 150 km on both sides of the freight corridor has been identified as the ‘Influence

Region’ and is proposed to be developed as DMIC. The multi-billion dollar DMIC is one of the

largest infrastructure and economic development programs in India’s history. GoI’s national

Programme “Make-In-India” has the mandate to promote the manufacturing sector in a

comprehensive manner. The programme aims to facilitate investment, foster innovation,

enhance skill development, protect intellectual property, and build best-in-class manufacturing

infrastructure in India. Overall, the contribution of manufacturing sector to the GDP of India is

still lower as compared to that of other fast developing economies of countries like Thailand,

China, Indonesia and Malaysia. Through this “Make-In-India” Programme, GoI aims to

enhance the contribution of manufacturing sector to the country’s GDP and aims to surpass

the contribution realized in other developing economics. DMICDC with the development of

DMIC project plays a key role in realizing this GoI’s vision of Make-In-India.

Thus, what is seen is that at the national level, there is clearly an opportunity to steer industrial

corridor development in a collective and coordinated fashion.

At the state level in Maharashtra, of the seven nodes to be developed as a part of the DMIC

corridor, the Nasik Sinnar Igatpuri Investment Region (NSIIR) in Maharashtra comprises of

the Shendra–Bidkin Industrial Area. Shendra-Bidkin Industrial Area is being collectively called

as Aurangabad Industrial City (AURIC). The development of AURIC is being carried out

through Aurangabad Industrial Township Limited (AITL) a special purpose vehicle (SPV)

between the Maharashtra Industrial Development Corporation (MIDC) and the DMIC Trust.

The Shendra-Bidkin Industrial Area will spur demand for a wide array of spin-off businesses

and will offer the full array of services required for a mega-scale industrial park and the

communities located within it. As such, the Shendra-Bidkin Industrial Area is expected to

generate huge employment and to add value and exports to the Aurangabad District and

Maharashtra as a whole.

The broad vision for the Shendra-Bidkin Industrial Area is to become a ‘showcase of

Maharashtra’s leading manufacturing industries’ with the following principles:

Integrate smart growth within a new sustainable township;

Identify high-value manufactured products with high export potential;

Maintain a unique cultural heritage;

Provide a healthy quality of life.

The paradigm shift towards modern cities includes a strong need to have integrated and

connected infrastructure with a focus on citizen-centric services. The overall vision of AURIC

includes positioning of Information & Communications Technology (ICT) as the key enabler to

integrate various functions of the city development and operations, provide advanced and

affordable services to the citizens along with efficient governance and management of the city


pg. 3

operations. ICT will enable creation of a sustainable eco-system of the government,

industries/businesses, social infrastructure with an overall citizen-centric development. It will

enable AITL to be an efficient and tech-savvy organization that will truly leverage ICT for its

operations and decision making. ICT will cultivate the development of a digital and connected

city which ultimately helps in promoting and sustaining economic growth and development.

This EoI is for the appointment of Telecom Service Providers (TSPs) that will lease the dark fibre

network from AITL to provide Triple Play Services at Shendra Area of AURIC in Maharashtra

(Project). The TSP shall leverage the infrastructure provided by the Client which includes fibre

optic infrastructure and co-location space at Point of Presence (POP) Rooms for providing the

services. The overall objective of this approach is to provide the resident citizens and workforce

at AURIC-Shendra with advanced, affordable and modern telecommunications services.

2. Objectives

The objective of this EoI is to invite Telecom Service Providers (TSP) that intend leasing

the dark fibre network to provide Triple Play Services (voice, video and data) at Shendra

Area of AURIC in Maharashtra under the Aurangabad Industrial Township Limited

(AITL).

3. The EoI includes the following documents:

VOLUME I: Instruction to Applicants (ITA)

Section 1: Letter of Invitation

Section 2: Instructions to Applicants

Section 3: Qualification Documents - Standard Forms

Section 4: Corrupt and Fraudulent Practices

VOLUME II: Terms of Reference (ToR)

Section 1: Introduction

Section 2: Project Objectives

Section 3: Existing Conditions

Section 4: Business and Functional Requirements

Section 5: Scope of Work

Section 6: Roles and Responsibilities

Section 7: Implementation Schedule

All clarifications / corrigendums will be published only on the Client’s website. The

official website for accessing the information related to this EoI is: https://aitl.eproc.in

(the “Official Website”).

Note: From the “Home” page access the “Tenders” section to access all the uploaded

documents related to this EoI.

Yours sincerely

MD

AITL



pg. 4

Section 2. Instructions to Applicants (ITA) and Data Sheet

A. GENERAL PROVISIONS.................................................................................................................. 5

DEFINITIONS ....................................................................................................................................................... 5

1. INTRODUCTION ............................................................................................................................................ 6

2. CONFLICT OF INTEREST ................................................................................................................................ 9

3. CORRUPT AND FRAUDULENT PRACTICES ...................................................................................................... 11

4. ELIGIBILITY................................................................................................................................................ 11

5. QUALIFICATIONS OF THE APPLICANT ............................................................................................................ 12

6. SITE VISIT ................................................................................................................................................. 12

7. ACKNOWLEDGEMENT BY APPLICANT ............................................................................................................ 13

8. RIGHTS OF THE CLIENT .............................................................................................................................. 13

B. THE EOI DOCUMENTS .................................................................................................................. 14

9. EOI DOCUMENTS ....................................................................................................................................... 14

10. CLARIFICATION AND AMENDMENT OF THE EOI ............................................................................................... 15

C. PREPARATION OF PROPOSALS ................................................................................................. 16

11. GENERAL CONSIDERATIONS ....................................................................................................................... 16

12. COST OF PREPARATION OF PROPOSAL ........................................................................................................ 16

13. LANGUAGE ................................................................................................................................................ 17

14. DOCUMENTS COMPRISING THE PROPOSAL ................................................................................................... 17

15. ONLY ONE PROPOSAL ............................................................................................................................... 17

16. PROPOSAL VALIDITY .................................................................................................................................. 17

17. QUALIFICATION DOCUMENTS FORMAT.......................................................................................................... 17

18. PERIOD OF VALIDITY OF PROPOSALS ........................................................................................................... 18

19. EOI DOCUMENTS AND PROCESSING FEES .................................................................................................... 19

D. SUBMISSION, OPENING AND EVALUATION .............................................................................. 19

20. SUBMISSION, SEALING, AND MARKING OF PROPOSALS .................................................................................. 19

21. WITHDRAWAL, SUBSTITUTION AND MODIFICATION OF PROPOSALS .................................................................. 20

22. OPENING OF PROPOSALS ........................................................................................................................... 21

23. CONFIDENTIALITY ...................................................................................................................................... 21

24. RESPONSIVENESS AND ELIGIBILITY TESTS .................................................................................................... 21

E. EOI PROCESS ................................................................................................................................ 22

25. PROCESS OF EOI ....................................................................................................................................... 22

F. DATA SHEET .................................................................................................................................. 24

ANNEXURE 1: TEMPLATE FOR PRE-PROPOSAL QUERIES ......................................................... 28


pg. 5

A. General Provisions

Definitions (a) “Affiliate” means, in relation to an Applicant, a person who

controls or is controlled by such Applicant, or a person who

is under the common control of the same person who

controls such Applicant.

(b) “Applicable Law” means the laws and any other

instruments having the force of law in the state of

Maharashtra / India, as they may be issued and in force

from time to time.

(c) “Applicant” means any firm/organization that submits a

Proposal pursuant to this EoI.

(d) “Data Sheet” or “DS” means the data sheet set out in Part

F of Section 2 with specific details and information to

supplement (and not override) the general provisions set

out in Part A of the ITA.

(e) “Clause” means a clause of the ITA.

(f) “Client” means Aurangabad Industrial Township Limited

(AITL), the agency that will sign the Contract (to be shared

as part of the Stage 2 - RFQ cum RFP) for the Services

with the selected Applicant.

(g) “Companies Act” means the (Indian) Companies Act, 1956

or the (Indian) Companies Act, 2013, to the extent

applicable.

(h) “Contract” means the legally binding written agreement to

be executed between the Client and the selected Telecom

Service Provider (Contract to be shared as part of Stage 2

– RFQ cum RFP).

(i) “Control” in relation to a Person, means: (i) the ownership,

directly or indirectly, of more than 50% of the voting shares

of such Person; or (ii) the power, directly or indirectly, to

direct or influence the management and policies of such

Person by operation of law, contract or otherwise. The

term “Controls” and “Controlled” shall be construed

accordingly.

(j) “Day” means a calendar day.

(k) “Eligibility Criteria” means, collectively, the financial

eligibility criteria and the technical eligibility criteria

specified in the Data Sheet and the other eligibility criteria

specified in Clauses 2, 3, 4 and 5, which an Applicant is

required to satisfy to be qualified as an eligible Applicant

for participation in Stage 2 – RFQ cum RFP.

(l) “EoI” means this, Expression of Interest dated along with

its schedules, annexures and appendices and includes

any subsequent amendment issued by the Client.


pg. 6

(m) “GoI” means the Government of India.

(n) “GoM” means the Government of Maharashtra.

(o) “ITA” mean the Instructions to Applicants set out in Section

2 of the EoI that provides the Applicants with all the

information needed to prepare their Proposals.

(p) “Telecom Service Provider (TSP)” means successful

Applicant shortlisted by the Client in accordance with this

EoI and Stage 2 – RFQ cum RFP to enter into the Contract

to execute the Work.

(q) “MD” means the Managing Director of the Client.

(r) “Person” means any individual, company, corporation,

firm, and partnership, trust, sole proprietor, limited liability

partnership, co-operative society, Government Company

or any other legal entity.

(s) “Proposal” means the submissions made by an Applicant

pursuant to the EoI, which will include the Qualification

Documents.

(t) “Proposal Due Date” means the last date for submission of

the Proposals, as specified in the Data Sheet.

(u) “Qualification Documents” means the documents

submitted by the Applicant to demonstrate its eligibility in

accordance with Clause 17.

(v) “Services” means the work to be performed by the

successful Applicant i.e. the TSP pursuant to the award of

Contract (As part of Stage 2 – RFQ cum RFP), as

described in greater detail in the EoI document.

1. Introduction 1.1 The Client named in the data sheet will shortlist eligible

firms/ organizations (Telecom Service Providers), in

accordance with the method of selection specified in the

data sheet. Applicants are advised that the selection of

Eligible Applicants shall be on the basis of an evaluation

by Client through the selection process specified in this EoI

(the “Selection Process”). Applicants shall be deemed to

have understood and agreed that no explanation or

justification for any aspect of the Selection Process will be

given and that Client’s decisions are without any right of

appeal whatsoever. The Applicants shall submit the

Proposal in the form and manner specified in this EoI. The

Proposal shall be submitted as per the forms given in

relevant sections herewith. Upon selection, the successful

Applicants shall be shortlisted for participation in next

stage i.e. RFQ cum RFP process as successful TSPs for

offering Telecom Services in Shendra Area of AURIC. EoI

does not constitute a commitment to offer a Contract or a

perspective Contract.


pg. 7

1.2 The Applicants are invited to submit Qualification Documents (collectively called as “the Proposal”), as specified in the Data Sheet, for the services required for the Project. The term “Applicant” refers to a single entity which shall execute the assignment. The Proposal will form the basis for shortlisting potential TSPs that will be eligible for participating in the RFQ cum RFP to provide Telecom Services in Shendra Area of AURIC. The selected Telecom Service Providers (to be selected as part of next stage i.e. RFQ cum RFP) shall carry out the Project in accordance with the Terms of Reference of this EoI. The Contract (to be presented as part of Stage 2 – RFQ cum RFP), which will be signed between the Client and the successful Applicant is for a term of as specified in Data Sheet, for which term may be extended on mutually acceptable terms and conditions.

1.3 The Client has adopted a single-stage selection process for shortlisting of the successful Applicants. Applicants who are eligible in accordance with Clauses 2, 3, 4 and 5 of the EoI are invited to submit their Proposals for providing the required Services, which will consist of one part: (a) Qualification Documents; in the format specified in Section 3.

1.4 Brief Description of the Appointment Process of Telecom Service Provider: The process adopted for appointing the TSPs for leasing of dark fibre for offering triple play services in Shendra Area of AURIC is provided below:

(a) The first stage (Stage 1 – EoI) will involve qualification of the Applicants based on evaluation of their Qualification Documents to determine compliance with the Eligibility Criteria. Only those Applicants who are found to meet the Eligibility Criteria will be qualified for the participation in the next stage (Stage 2 – RFQ cum RFP). It shall be noted that EoI shall only comprise of Qualification Documents;

(b) In the second stage (Stage 2 – RFQ cum RFP), the qualified and eligible Applicants shall be provided with the RFQ cum RFP. Based on the RFQ cum RFP, qualified and eligible Applicants shall be invited to submit their Financial Proposals for evaluation. The Proposals of the qualified Applicants will be finally ranked on the basis of who shares the maximum gross adjusted revenue of the billed amount realized from its Telecom services provided to the customers located in Shendra Area of AURIC with the Client. Note that the Client may sign Contracts with multiple Telecom Service Providers based on the gross adjusted revenue discovered as part of this process and matched by other Telecom Service Providers;


pg. 8

1.5 The Applicants should familiarize themselves with the local

conditions and take them into account in preparing their

Proposals. Applicants may attend the pre-proposal

conference, which will be held on the date specified in the

Data Sheet, during which the Applicants will be free to

seek clarifications and make suggestions to the Client on

the scope of the Services or otherwise in connection with

the EoI. Attending any such pre-proposal conference is

optional and is at the Applicants’ expense.

1.6 The statements and explanations contained in the EoI are

intended to provide the Applicants with an understanding

of the scope of the Services required. Such statements

and explanations should not be construed or interpreted as

limiting in any way or manner: (i) the scope of the rights

and obligations of the Applicant, as set out in the Contract;

or (ii) the Client's right to alter, amend, change, supplement

or clarify the rights and obligations of the Applicant or the

scope of the Services or the terms of the Contract.

Consequently, any omissions, conflicts or contradictions in

the EoI are to be noted, interpreted and applied

appropriately to give effect to this intent. The Client will not

entertain any claims on account of such omissions,

conflicts or contradictions.

1.7 The Client will endeavor to provide to the Applicants, in a

timely manner and at no additional cost, the inputs,

relevant project data, responses to queries and reports

required for the preparation of the Proposals as specified

in the Data Sheet. However, for avoidance of doubt, it is

hereby clarified that the aforesaid data/ information

provided under the EoI or to be provided later, is only

indicative and solely for the purposes of rendering

assistance to the Applicants towards preparation of their

Proposals. The Applicants are hereby advised to

undertake their own due diligence (to their complete

satisfaction) before placing reliance on any such

data/information furnished or to be provided later by the

Client and/ or any of his consultants.

1.8 Applicants shall bear all costs associated with the

preparation and submission of their proposals, and their

participation in the Selection process, and presentation

including but not limited to postage, delivery fees,

expenses associated with any demonstrations or

presentations which may be required by Client or any other

costs incurred in connection with or relating to its Proposal.

The Client is not bound to accept any Proposal, and

reserves the right to annul the selection process at any

time prior to Contract award, without thereby incurring any

liability to the Applicants.


pg. 9

1.9 The Client will endeavor to adhere to the timelines set out

in the Data Sheet for carrying out the EoI process.

1.10 It will be assumed that Applicants will have accounted for

all relevant factors, including technical data, and applicable

laws and regulations while submitting the Proposals.

1.11 Client requires that the TSP provides professional,

objective, and impartial advice and at all times hold

Client’s interests’ paramount, avoid conflicts with other

assignments or its own interests, and act without any

consideration for future work. The TSP shall not accept

or engage in any assignment that may place it in a

position of not being able to carry out the assignment in the

best interests of Client and the Project.

2. Conflict of

Interest

2.1 The Applicant has an obligation to disclose to the Client

any situation of actual or potential conflict that impacts its

capacity to serve the best interest of its Client. Failure to

disclose such situations may lead to the disqualification of

the Applicant or the termination of its Contract.

2.2 The Applicant is required to follow the highest level of work

ethics, if the applicant has a Conflict of Interest or indulge

in “Prohibited Practices”; it is liable to be disqualified.

Further, in the event the applicant has been barred by the

Central Government, any State Government, a statutory

authority or a public sector undertaking, as the case may

be, from participating in any project or bid, and the bar

subsists as on the date of the Proposal Due Date, it would

not be eligible to submit a Proposal.

2.3 Without limiting the generality of the foregoing, an

Applicant shall be deemed to have a conflict of interest and

shall not be eligible under the circumstances set forth

below in a part below.

2.4 An Applicant shall be deemed to have a Conflict of Interest affecting the Selection Process, if:

1. The Applicant or Associate, and any other Applicant, have common controlling shareholders or other ownership interest; provided that this disqualification shall not apply in cases where the direct or indirect shareholding or ownership interest of an Applicant, (or any shareholder thereof having a shareholding of more than 5 percent of the paid up and subscribed share capital of such Applicant, as the case may be) in the other Applicant, is less than 5 percent of the subscribed and paid up equity share capital thereof; provided further that this disqualification shall not apply to any ownership by a bank, insurance company, pension fund or a public financial institution referred to in section 4A of the Companies Act, 1956. For the purposes of


pg. 10

this clause, indirect shareholding held through one or more intermediate persons shall be computed as follows: (aa) where any intermediary is controlled by a person through management control or otherwise, the entire shareholding held by such controlled intermediary in any other person (the “Subject Person”) shall be taken into account for computing the shareholding of such controlling person in the Subject Person; and (bb) subject always to sub-clause (aa) above, where a person does not exercise control over an intermediary, which has shareholding in the Subject Person, the computation of indirect shareholding of such person in the Subject Person shall be undertaken on a proportionate basis; provided, however, that no such shareholding shall be reckoned under this sub-clause (bb) if the shareholding of such person in the intermediary is less than 26 percent of the subscribed and paid up equity shareholding of such intermediary; or

2. A constituent of such Applicant is also a constituent of another Applicant; or

3. Such Applicant or its Associate receives or has received any direct or indirect subsidy or grant from any other Applicant or its Associate; or

4. Such Applicant has the same legal representative for purposes of this EoI as any other Applicant; or

5. Such Applicant has a relationship with another Applicant, directly or through common third parties, that puts them in a position to have access to each other’s information about, or to influence the Proposal of either or each of the other Applicant; or

6. The Applicant, or Associate (or any constituent thereof), and the Applicant or Concessionaire, if any, for the Project, (or any constituent thereof) have common controlling shareholders or other ownership interest; provided that this disqualification shall not apply in cases where the direct or indirect shareholding or ownership interest of an Applicant, or Associate (or any shareholder thereof having a shareholding of more than 5 percent of the paid up and subscribed share capital of such Applicant, Member or Associate, as the case may be,) in the Applicant or Concessionaire, if any, is less than 5 percent of the paid up and subscribed share capital of such Concessionaire; provided further that this disqualification shall not apply to ownership by a bank, insurance company, pension fund or a Public Financial Institution referred to in section 4A of the Companies Act,


pg. 11

1956. For the purposes of this sub- clause 2.4.6, indirect shareholding shall be computed in accordance with the provisions of sub-clause 2.4. 1 above;

7. For purposes of this EoI, Associate means, in relation to the Applicant, a person who controls, is controlled by, or is under the common control with such Applicant (the “Associate”). As used in this definition, the expression “control” means, with respect to a person which is a company or corporation, the ownership, directly or indirectly, of more than 50 percent of the voting shares of such person, and with respect to a person which is not a company or corporation, the power to direct the management and policies of such person by operation of law or by contract.

a. Conflicting

relationships Relationship with the Client’s staff: an Applicant (including its

Directors, Stakeholders or Management) that has a close

business or family relationship with a professional staff of the

Client who are directly or indirectly involved in any part of (i) the

preparation of the EoI for the assignment, or (ii) the Technical

Specifications of the works or services may not be awarded a

Contract, unless the conflict stemming from this relationship has

been resolved in a manner acceptable to the Client throughout the

selection process and the execution of the Contract.

3. Corrupt and

Fraudulent

Practices

3.1 The Applicant (including its officers, employees, agents

and advisors), its Personnel and Affiliates shall observe

the highest standards of ethics during the EoI process.

Notwithstanding anything to the contrary in this EoI, the

Client shall reject a proposal without being liable in any

manner whatsoever to the Applicant if it determines that

the Applicant has directly or indirectly through an agent

engaged in any corrupt practice, fraudulent practice,

coercive practice, collusive practice, undesirable practice

or restrictive practice, as defined in Section 4. The Client

will declare an Applicant ineligible, either indefinitely or for

a stated period of time, to be awarded a contract if it at any

time determines that the Applicant has engaged in corrupt

or fraudulent practices in competing for and in executing

the contract.

3.2 To this end, the Applicant shall permit and shall cause its

suppliers, contractors and sub-contractors to permit the

Client to inspect their accounts, records, and other

documents relating to the submission of the Proposal and

Contract performance and to have them audited by

auditors appointed by the Client.

4. Eligibility 4.1 A company incorporated under the Companies Act 1956

or the (Indian) Companies Act, 2013 registered in India,


pg. 12

licensed for providing telecommunication services in and

around Aurangabad, Maharashtra Service Area, and

which meets the Eligibility Criteria shall be eligible to

submit a Proposal.

4.2 It is the Applicant’s responsibility to ensure that it’s

Personnel, agents (declared or not), service providers,

suppliers, contractors and sub-contractors and/or their

employees meet any eligibility requirements specified in

the EoI.

4.3 As on date of submission of the proposal, the Applicant

and its Sub-Contractors, shall not be blacklisted by any

Central or State Department (in India) in the last 5 years.

4.4 The Applicant, its contractors and sub-contractors, during

the last during the last 3 (three) years, neither failed to

perform on any agreement, as evidenced by imposition of

a penalty by an arbitral or judicial authority or a judicial

pronouncement or arbitration award against the Applicant

and its Contractors and sub-contractors, nor been expelled

from any project or agreement nor have had any

agreement terminated for breach by such Applicant and its

contractors and sub-contractors.

5. Qualifications of

the Applicant 5.1 By submission of documentary evidence in its Proposal,

the Applicant must establish to the Client’s satisfaction:

(a) That it has the financial and technical credentials

necessary to perform the Contract, meets the

qualification criteria as specified in the Data Sheet,

and has a successful performance history;

5.2 The bids submitted by a Joint Venture/Consortium, also

indicated in Bid Data Sheet, shall be automatically

rejected.

5.3 N/A.

6. Site Visit 6.1 The Applicant may wish to visit and examine the project

site or sites and obtain for itself, at its own responsibility

and risk, all information that may be necessary for

preparing the Proposal and entering into the Contract. The

costs of visiting the site or sites shall be at the Applicant’s

own expense.

6.2 The Client will arrange for the Applicant and any of its

personnel or agents to gain access to the relevant site or

sites, provided that the Applicant gives the Client adequate

notice of a proposed visit of at least seven (7) days.

Alternatively, the Client may organize a site visit or visits

concurrently with the pre-proposal conference, as

specified in the ITA Clause 10.2. Failure of an Applicant to

make a site visit will not be a cause for its disqualification.


pg. 13

6.3 No site visits shall be arranged or scheduled after the

deadline for the submission of the Proposals and prior to

the selection of the Eligible Applicants pursuant of this EoI.

7. Acknowledgement

by Applicant

7.1 It shall be deemed that by submitting the Proposal, the Applicant has:

(i) made a complete and careful examination of the EoI and any other information provided by the Client under this EoI;

(ii) accepted the risk of inadequacy, error or mistake in the information provided in the EoI or furnished by or on behalf of the Client;

(iii) satisfied itself about all things, matters and information, necessary and required for submitting an informed Proposal, and performing the Services in accordance with this EoI;

(iv) acknowledged and agreed that inadequacy, lack of completeness or incorrectness of information provided in this EoI or ignorance of any matter shall not be a basis for any claim for compensation, damages, extension of time for performance of its obligations or loss of profits or revenue from the Client, or a ground for termination of the Contract;

(v) agreed to be bound by the undertakings provided by it under and in terms of this EoI and the Contract;

(vi) acknowledged that the Client and/ or its advisors/ consultants shall not be liable for any omission, mistake or error on the part of the Applicant in respect of any of the above or on account of any matter or thing arising out of or concerning or relating to EoI or the Selection Process, including any error or mistake therein or in any information or data given by the Client and/ or its consultant.

8. Rights of the

Client

8.1 The Client, in its sole discretion and without incurring any obligation or liability, reserves the right, at any time, to:

(i) suspend the EoI process and/or amend and/or supplement the EoI process or modify the dates or other terms and conditions relating thereto prior to the issuance of the RFQ cum RFP to the successful Applicants;

(ii) consult with any Applicant in order to receive clarification or further information;

(iii) retain any information, documents and/or evidence submitted to the Client by and/or on behalf of any Applicant;


pg. 14

(iv) independently verify, disqualify, reject and/or

accept any and all documents, information and/or

evidence submitted by or on behalf of any

Applicant, provided that any such verification or

lack of such verification by the Client shall not

relieve the Applicant of its obligations or liabilities,

or affect any of the rights of the Client;

(v) reject a Proposal, if: (A) at any time, a material

misrepresentation is made or uncovered; or (B) the

Applicant in question does not provide, within the

time specified by the Client, the supplemental

information sought by the Client for evaluation of

the Proposal;

(vi) accept or reject a Proposal, annul the EoI process

and reject all Proposals, at any time prior to the

issuance of the letter of award to the successful

Applicant, without any liability or any obligation for

such acceptance, rejection or annulment and

without assigning any reasons whatsoever to any

Applicant.

8.2 If the Client exercises its right under this EoI to reject a

Proposals and consequently, the Applicants gets

disqualified or rejected, then the Client reserves the right

to:

(i) take any such measure as may be deemed fit in the

sole discretion of the Client, including inviting fresh

Proposals from the qualified Applicants or

annulling the entire EoI process.

B. The EoI Documents

9. EoI Documents 9.1 The contents of the EoI Documents are listed below and

should be read in conjunction with any addenda issued in

accordance with ITA Clause 10:

Volume I: Instruction to Applicants

Section 1: Letter of Invitation

Section 2: Instructions to Applicants (ITA)

Section 3: Qualification Documents – Standard Forms

Section 4: Corrupt and Fraudulent Practices

Volume II: Terms of Reference

Section 1: Introduction

Section 2: Project Objectives


pg. 15

Section 3: Existing Conditions

Section 4: Business and Functional Requirements

Section 5: Scope of Work

Section 6: Roles and Responsibilities

Section 7: Implementation Schedule

10. Clarification and

Amendment of

the EoI

10.1 The Applicant may request a clarification of any part of the

EoI documents prior to the last date for submission of

queries, as indicated in the Data Sheet for ITA Clause 1.9.

Any queries or requests for additional information in

relation to the EoI documents should be submitted in

writing or by fax and email. The queries submitted sent via

email should be in excel sheet format only, along with

name and details of the organisation submitting the

queries. The template for pre-proposal queries is provided

in Annexure 1. The envelope or communication must

clearly bear the following subject line – “Request for EoI

for Appointment of Telecom Service Providers for Leasing

of Dark Fibre for Offering Triple Play Services at Shendra

Area of AURIC Queries or Request for Additional

Information" and sent to the address/number/e-mail

address as indicated in the Data Sheet for ITA 1.5.

The Client shall make reasonable efforts to respond to the

queries or request for clarifications on or before the date

specified in the Data Sheet for ITA 1.9. The Client shall not

be obligated to respond to any queries received post the

last date of submission of queries. The Client’s responses

to Applicant queries (including an explanation of the query

but without identifying its source) will be made available to

all Applicants and shall be uploaded on the Client’s

website. It shall be the Applicant's responsibility to check

the Client’s website for the responses to the queries or

requests for clarification. The Client may, but shall not be

obliged to communicate with the Applicants by e-mail,

notice or other means it may deem fit about the issuance

of clarifications. The Client reserves the right not to

respond to any query or provide any clarification, in its sole

discretion, and nothing in this EoI document shall be taken

to be or read as compelling or requiring the Client to

respond to any query or to provide any clarification. Should

the Client deem it necessary to amend the EoI document

as a result of a clarification, it shall do so following the

procedure described below:

(a) At any time prior to deadline of Proposal

Submission, the Client may, for any reason,

whether at its own initiative or in response to a

clarification requested by a prospective Applicant,

amend the EoI documents by issuing an


pg. 16

amendment. The amendments shall be uploaded

on the Client’s website and will be binding on the

Client and the Applicants. The Applicants shall

update themselves by visiting the Client’s website

regularly and the Client bears no responsibility for

any Applicant's failure to do.

(b) If the amendment is substantial, the Client may

extend the Proposal Due Date to give the

Applicants reasonable time to take an amendment

into account in their Proposals.

(c) Verbal clarifications and information given by the

Client or any other Person for or on its behalf shall

not in any way or manner be binding on the Client.

10.2 When specified in the Data Sheet, the Client will

organize and Applicants are welcome to attend a pre-proposal conference at the time and place indicated in

the DS for ITA 1.5. The purpose of the conference will be

to clarify issues and answer questions on any matter that

may be raised at this stage, with particular attention to

issues related to the Terms of Reference. Applicants are

requested to submit any questions in writing to reach the

Client not later than date prescribed in Schedule of EoI

Process as per Clause 1.9 of the Data Sheet. Questions

and answers will be transmitted in accordance with ITA

Clause 10.1. Replies to Pre-Bid queries will be uploaded

on the Client’s website in a timely fashion.

10.3 The Applicant may substitute, modify or withdraw its

Proposal at any time prior to the Proposal Due Date. No

Proposal shall be substituted, withdrawn or modified after

the time specified in the Data Sheet for ITA 1.9 on the

Proposal Submission date.

C. Preparation of Proposals

11. General

Considerations

In preparing the Proposal, the Applicant is expected to examine

the EoI in detail. The EoI must be read as a whole. If any Applicant

finds any ambiguity or lack of clarity in the EoI, the Applicant must

inform the Client at the earliest to seek clarity on the interpretation

of the EoI. Material deficiencies in providing the information

requested in the EoI may result in rejection of the Proposal.

12. Cost of

Preparation of

Proposal

The Applicant shall bear all costs associated with the preparation

and submission of its Proposal, and the Client shall not be

responsible or liable for those costs, regardless of the conduct or

outcome of the selection process. The Client is not bound to

accept any Proposal, and reserves the right to annul the selection

process at any time prior to shortlisting eligible Applicants


pg. 17

pursuant to this EoI, without assigning any reason and without

incurring any liability to the Applicant.

13. Language The Proposal, as well as all correspondence and documents

relating to the Proposal exchanged between the Applicant and the

Client shall be written in the language(s) specified in the Data

Sheet.

14. Documents

Comprising the

Proposal

The Proposal shall consist of only Qualification Documents.

Qualification Documents will comprise the documents and forms

listed in Clause 17.

15. Only One

Proposal

The Applicant shall submit only one Proposal. If an Applicant

submits or participates in more than one Proposal, all such

Proposals shall be disqualified and rejected.

16. Proposal Validity (a) Each Proposal must remain valid for the period specified

in the Data Sheet.

(b) During the Proposal validity period (as specified in the

Data Sheet), the Applicant shall maintain its original

Proposal without any change.

Extension of

Validity Period (a) The Client will make its best effort to complete the EoI

process and select the Eligible Applicants within the

Proposal’s validity period specified in the Data Sheet.

However, should the need arise, the Client may request,

in writing, all Applicants who submitted Proposals prior to

the Proposal Due Date to extend the Proposals’ validity.

(b) If the Applicant agrees to extend the validity of its Proposal,

it shall be done without any change in the original

Proposal.

(c) The Applicant has the right to refuse to extend the validity

of its Proposal in which case such Proposal will not be

further evaluated.

(d) In the event an Applicant agrees to extend the validity of

its Proposal, the validity of the Proposal will also be

extended for an equivalent period.

17. Qualification

Documents

Format

(a) The Qualification Documents are un-priced proposals and

shall not include any financial information. Qualification

Documents containing material related to financial

information shall be declared non-responsive.

(b) The Qualification Documents submitted by an Applicant

shall comprise the following:

(i) The Qualification Documents and Proposal

Submission Form in the form attached at Appendix

1;


pg. 18

(ii) Details of the Applicant in form set out at Appendix

2;

(iii) Soft copy of online EoI processing fee paid online;

(iv) A power of attorney for Authorized Representative

in the format set out in Appendix 3 and as per

Applicable Laws;

(v) Financial qualification of the Applicant in the format

set out in Appendix 4 along with copies of duly

audited financial statements for the financial years

being considered for the purposes of evaluation of

the Applicant’s financial capacity;

(vi) Affidavit certifying that the Applicant and its sub-

contractors are not blacklisted in the format set out

in Appendix 5;

(vii) Duly certified copy of the Applicant’s certificate of

incorporation/certificate of registration issued

under its applicable laws;

(viii) Conformity in the form of Compliance Undertaking

as per the format set out in Appendix 6 that

Applicant shall provide its telecom services in

conformity with the specifications and standards as

per Department of Telecommunication (DoT)

and/or Telecom Regulatory Authority of India

(TRAI) guidelines. Further, the services provided to

the customers located at Shendra shall be subject

to Indian Telegraph Act 1885 and tariff circulars

issued by respective TSP;

(ix) Applicable and Valid ISP/TSP license from

Department of Telecommunications (DoT) during

the time of proposal submission allowing the

Applicant to establish and offer telecom wired

services in Aurangabad, Maharashtra Circle as per

the format set out in Appendix 7;

(x) Undertaking for guarantee of Revenue Share in

case of Merger/Acquisition of TSP as per the

format set out in Appendix 8.

Failure to comply with the above requirements and documents for

all points i.e. (a) and (b) including their sub-points under Clause

17 may make the Proposal non-responsive.

18. Period of Validity

of Proposals 18.1 Proposals shall remain valid, at a minimum, for the period

specified in the Data Sheet after the deadline date for EoI

submission prescribed by the Client, pursuant to ITA

Clause 20. A Proposal valid for a shorter period shall be

rejected by the Client as non-responsive. However,

Applicants are responsible for adjusting the dates in the


pg. 19

Data Sheet in accordance with any extensions to the

deadline date of Proposal Submission pursuant to ITA

Clause 18.2.

18.2 In exceptional circumstances, prior to expiry of the

Proposal validity period, the Client may request that the

Applicants to extend the period of validity for a specified

additional period. The request and the responses to the

request shall be made in writing. An Applicant may refuse

the request, but in this case the Proposal will be out of the

competition for the selection. Applicant agreeing to the

request will not be required or permitted to modify its

Proposal.

19. EoI documents

and Processing

Fees

19.1 All Applicants are required to pay the amount as indicated

in the Data Sheet towards the cost of EoI documents

processing fees as follows:

(a) EoI document processing fee shall be paid online;

(b) The EoI document processing fee is non-

refundable.

Please note that the Proposal, which does not include the

EoI documents and processing fees, shall be declared as

non-responsive and accordingly, rejected.

D. Submission, Opening and Evaluation

20. Submission,

Sealing, and

Marking of

Proposals

20.1 The Applicant shall submit a signed, stamped and

complete Proposal comprising the documents specified in

Clause 17, at the address as specified in Data Sheet, no

later than time and date as specified in the Data Sheet.

20.2 The Proposal, EoI Document and Processing Fee shall be

submitted online through https://aitl.eproc.in.

The Client will not be responsible for any delays, loss or

non-receipt of Proposals. Proposals submitted by fax,

telegram or e-mail shall be rejected.

Each Proposal must be typed or written in indelible ink and

an authorized representative of the Applicant shall sign the

Proposal and physically initial all pages of the Proposal.

The authorization shall be by way of a written power of

attorney executed in the format attached as Appendix 3 or

shall be by a partner in case of a partnership firm and/or a

limited liability partnership. The name and position held by

the person signing the Proposal must be typed or printed

below the signature. PoA for the authorized representative

executed as per Applicable Laws.



pg. 20

20.3 The Proposal shall contain no interlineations or

overwriting, except as necessary to correct errors made by

the Applicant. Any modifications, revisions, interlineations,

erasures, or overwriting shall be valid only if they are

signed or initialed by the authorized signatory/ person

signing the Proposal.

20.4 The Applicant shall comply with all requirements as per the

terms and conditions of Proposal Submission through

https://aitl.eproc.in. The detailed procedure for submission

of tenders online has been provided along with EoI.

20.5 The Client may, at its discretion, extend this deadline for

submission of Proposals by amending the EoI, in which

case all rights and obligations of the Client and Applicants

will thereafter be subject to the deadline as extended.

20.6 Any Proposals received by the Client after the Proposal

Submission deadline prescribed by the Client in the Data

Sheet for ITA Clause 20.1, will be rejected and returned

unopened to the Applicant.

21. Withdrawal,

Substitution and

Modification of

Proposals

21.1 The Applicant may withdraw, substitute, or modify its

Proposal after submission, provided that written notice of

the withdrawal, substitution, or modification is received by

the Client prior to the deadline prescribed for Proposal

submission. All notices must be duly signed by an

authorized representative and shall include a copy of the

authorization (the power of attorney) in accordance with

ITA Sub-Clause 20.2.

21.2 All notices of withdrawal, substitution, or modification shall:

(a) be addressed to the Client at the address named

in the Data Sheet for ITA Clause 20.1; and

(b) bear the Contract name, and the words “EoI

WITHDRAWAL NOTICE”, EoI SUBSTITUTION

NOTICE”, or “EoI MODIFICATION NOTICE”.

21.3 A notice may also be sent by electronic means such as fax

or e-mail, but in this case must include a scan of the

mailing receipt showing both the sender's and receiver's

addresses for the signed hardcopy of the notice, and a

scan of the power of attorney.

21.4 Proposals requested to be withdrawn in accordance with

ITA 21.1 shall be returned unopened to the Applicants.

Proposals withdrawal notices received after the Proposal

Submission deadline will be ignored, and the submitted

Proposals will be deemed to be a validly submitted

Proposals.

21.5 No Proposals may be withdrawn, substituted, or modified

in the interval between the Proposal Submission deadline



pg. 21

and the expiration of the Proposal validity period specified

by the Applicant in the Proposal Submission Form, or any

extension thereof agreed to by the Applicant.

22. Opening of

Proposals (a) The Client shall open only those Proposals that are

submitted on or before the specified time on the Proposal

Submission Due Date.

(b) The Client shall open all Proposals in public, in the

presence of Applicant’s representatives who choose to

attend Proposal opening.

(c) Proposals that are not opened and read out at Proposal

opening shall not be considered for further evaluation,

irrespective of the circumstances. These Proposals,

including any Proposal validly withdrawn in accordance

with ITA Clause 21, will promptly be returned, unopened,

to their Applicants.

(d) The Client shall check the original PoAs at the time of

Proposal Opening. Failure to have any of these documents

in original at the time of the Proposal Opening may make

the proposal non-responsive.

23. Confidentiality (a) From the time the Proposals are opened to the time the

Eligible Applicants are selected, the Applicant should not

contact the Client on any matter related to its Qualification

Documents. Information relating to the evaluation of

Proposals and selection recommendations shall not be

disclosed to the Applicants who submitted the Proposals

or to any other party not officially involved with the EoI

process, until the publication of the shortlisted Eligible

Applicants.

(b) Any attempt by an Applicant or anyone on behalf of the

Applicant to influence improperly the Client in the

evaluation of the Proposals or selection of Eligible

Applicants may result in the rejection of its Proposal.

(c) Notwithstanding the above provisions, from the time of the

Proposals’ opening to the time of selection of Eligible

Applicants, if an Applicant wishes to contact the Client on

any matter related to the selection process, it should do so

only in writing.

24. Responsiveness

and Eligibility

Tests

(a) First, the Client’s evaluation committee shall open and

evaluate the Qualification Documents for responsiveness

and to determine whether the Applicants are eligible for

selection. At the opening of the Qualification Documents,

the following shall be read out:

the name of the Applicant;

the presence or absence of duly sealed envelopes;


pg. 22

any other information deemed appropriate.

The Qualification Documents shall be considered

responsive only if:

(i) all documents specified in Clause 17 are received

in the prescribed format;

(ii) the Proposal is received by the Proposal Due Date;

(iii) it is signed, sealed and marked as specified in

Clause 20;

(iv) it contains all the information and documents

(complete in all respects) as requested in this EoI;

and

(v) it does not contain any condition or qualification.

(b) The Client's evaluation committee shall evaluate and

determine whether the Applicants who have submitted

responsive Qualification Documents satisfy the Eligibility

Criteria.

(c) If any Applicant is found to be disqualified in accordance

with the terms of the EoI or the Qualification Documents

are found to be non-responsive or the Applicant does not

meet the Eligibility Criteria, then the Proposal submitted by

such Applicant will be rejected.

(d) Upon completion of evaluation of the Qualification

Documents, the Client will notify the Applicants whether

they are qualified and eligible for selection as eligible

Applicants.

(e) If envelopes are not sealed and marked as per the

instructions, the Client assumes no responsibility for the

misplacement or premature opening of the contents of the

proposal submitted and consequent losses if any suffered

by the Applicant.

E. EoI Process

25. Process of EoI (a) Applicants who have submitted the Proposal in response

to the EoI and are found to be eligible based on the

Eligibility Criteria given in the Data Sheet, shall be invited

for participation in Stage 2 – RFQ cum RFP for

appointment of Telecom Service Provider for providing

Telecom Services in Shendra Area of AURIC. However,

Client reserves the right to release an Open RFQ cum RFP

for Appointment of Telecom Service Provider based on

feedback to this EoI.


pg. 23

(b) Upon selection of the Applicants, the Client will publish the

Applicant information; and promptly notify the qualified

Applicants of the conclusion of the selection process or

upload the details of the selected Applicants on its website.

This empanelment (selected and eligible Applicants) shall

be valid for a period of 1 year from the shortlisting of the

Applicants.

(c) Selected and eligible Applicants will be invited to submit

detailed financial bids as a part of Stage 2 – RFQ cum RFP

for the leasing of dark fibre.

(d) Selected and eligible Applicant offering highest gross

adjusted revenue share to AURIC shall be declared as the

Successful TSP and will get the rights to lease dark fibre

first and the revenue % shall become a benchmark.

(e) Any other Applicant meeting Successful TSP’s gross

adjusted revenue share can also lease remaining dark

fibre for offering their services.


pg. 24

F. Data Sheet

A. General

ITA Clause

Reference Description

1.1 Name of the Client: Aurangabad Industrial Township Limited (AITL)

Description of the Solution for which EoI is invited: Appointment of

Telecom Service Providers for Leasing of Dark Fibre for Offering Triple

Play Services at Shendra Area of AURIC in Maharashtra

Method of selection: Single Stage Selection based on the Eligibility

Criteria. Eligible Applicants shall be selected for Stage 2 – RFQ cum RFP.

1.2 The Contract term will be initially valid for 36 months extendable by

another 24 months and subsequently another 24 months upon discussions

with the Client post the Letter of Award (LoA) pursuant to Stage 2 – RFQ

cum RFP.

The Contract duration for all TSPs shall be based on the date when the

first TSP signs up with AITL. For example, if the first TSP signs up with

AITL on 1st March 2018 and second TSP signs up on 1st March 2019, the

maximum duration of Contract for second TSP shall be 72 Months i.e. 36

months + 24 months + 12 months.

1.5 A pre-proposal conferencewill be held: Yes

Date of pre-proposal conference: Wednesday, 10th January, 2018 Time:

11:00 AM

Address:

Conference Hall,

Udyog Sarathi, MIDC Office,

Marol Industrial Area,

Mumbai – 400093

All pre-proposal queries shall be addressed to the following in the format

prescribed in this EoI:

Address:

Jt. CEO (MIDC) & MD (AITL), and GM DMIC & Jt. MD (AITL)

Udyog Sarathi, MIDC Office,

Marol Industrial Area,

Mumbai – 400093

E-mail:

[email protected], [email protected]

and

mailto:[email protected]



pg. 25

[email protected]

1.7 The Applicant may download the EoI for preparing of the EoI proposal

from the website:

https://aitl.eproc.in

1.9 SCHEDULE OF EoI PROCESS

The Client shall endeavor to adhere to the following schedule:

S. No. Event Description Date

1 Date of issue of EoI 21st December 2017

2 Last date of receiving

Queries

5th January 2018 by 5:00 PM

3 Pre-proposal Conference 10th January 2018 at 11:00 AM

4 Reply to pre-proposal

Queries

12th January 2018

5 Last Date of submission of

Proposals

2nd February 2018 by 3:00 PM

6 Opening of Proposals To be notified to Applicants

8 Announcement of Eligible

Applicants

15th February 2018 (Tentative)

9 Validity of Proposal 180 calendar days from the last

date of submission of proposal

5.1(a) The Applicant must meet the following qualification criteria as on the

last date of submission of this EoI:

S.

No Type Eligibility Criterion Documentary Evidence

1. Company Profile

The Applicant shall be a company incorporated under the Companies Act 1956/2013 and licensed for providing telecommunication services in and around Aurangabad, Maharashtra Circle.

Copy of certificate of Incorporation/Registration under Companies Act 1956 or latest Companies Act (for Indian companies)

2. Company Financials & Profile

Applicants (or its parent company) shall have an average annual turnover of INR 500 Crores or more in the last five (5) Financial Years (FY: 2012-13, 2013-14, 2014-15, 2015-16, and 2016-17).

Audited financial statements for last five Financial Years; OR

Statutory auditor’s certificate clearly specifying the annual turnover for the specified




pg. 26

S.

No Type Eligibility Criterion Documentary Evidence

years.

3. Company Standing

As on date of submission of the proposal, the Applicant and its Sub-Contractors, shall not be blacklisted by any Central or State Department in the last 5 years.

Letter of undertaking to this

effect on the letter head,

signed by Applicant’s

authorized signatory

4. Technical Capacity

The Applicant shall have valid ISP/TSP license from Department of Telecommunications (DoT) during the time of proposal submission allowing the Applicant to offer telecom services in any 2 of the 3 Triple play services (Voice, Video, Data) in Aurangabad, Maharashtra Circle. Alternatively, as a minimum, the Applicant shall have the valid ISP license from DOT for data services.

Applicable Valid License from

the Department of

Telecommunications (DoT)

allowing Applicant to offer

telecom services in any 2 of

the 3 Triple Play Services

(Voice, Video, Data) in

Aurangabad, Maharashtra

Circle. Alternatively, the valid

ISP license from DOT for data

services.

5.2 JV/Consortium: Bids from JV/Consortium shall be rejected.

5.3 Sub-Contractors: No restrictions on sub-contracting.

If the work is sub-contracted, the sole responsibility of the work shall lie

with the partner in charge. The partner in charge shall be held responsible

for any delay/error/non-compliance etc. of its sub-contracted vendor.

B. Preparation of Proposals

13 This EoI has been issued in the English language.

Proposals shall be submitted in English Language.

All correspondence exchange shall be in English Language.

In case any supporting document or printed literature is in another language, it must be accompanied by an accurate translation of all the relevant passages in English by an approved/authorized/licensed translator1, in which case, for all purposes of interpretation of the Proposal, the translation in English shall prevail.

1Approved/authorized/licensed translator means one who is certified by Government for document translation. The registration/certification number of the translator is mandatory to mention on the translated document along with full address, phone number and mail-id.


pg. 27

16(a) Proposals must remain valid for 180 (one hundred eighty) calendar days from the last date of submission of proposal.

19.1 EoI documents processing fee of INR 30,000 (Indian Rupees Thirty

Thousand Only) inclusive of applicable GST as a non-refundable

processing fee shall be paid online in favour of the Aurangabad Industrial

Township Limited (AITL). Proposals unaccompanied with the aforesaid

processing fee shall be liable to be rejected by the Client.

C. Submission, Opening and Evaluation

20.1 & 20.2 The Proposal must be submitted online and also delivered in physical

form to the following address:

Jt. MD (AITL)

Udoyg Sarathi, MIDC Office, Marol Industrial Area, Mumbai – 400 093

Email Address: [email protected]

Proposal Submission deadline: 2nd February 2018, 3:00 PM

20.4 The Applicant must submit the following number of copies of the

Proposal:

(a) Qualification Documents – 1 original and 1 copy.

(b) Soft copy of (a) above in .pdf format (without any password

protection in searchable format) in a CD/DVD/USB for each section

in each envelope.

Note that in case of any discrepancy between online submission and

physical submission, the online submission will prevail.

21.2 The notice for withdrawal, substitution and modification must be

delivered in physical form to the following address:

Jt. CEO (MIDC) & MD (AITL) and GM DMIC & Jt. MD (AITL)

Udoyg Sarathi, MIDC Office, Marol Industrial Area, Mumbai – 400 093

Email Address:

[email protected], [email protected]

and

[email protected]

The notice must be submitted no later than EoI submission date and

time as specified in Data Sheet.






pg. 28

ANNEXURE 1: TEMPLATE FOR PRE-PROPOSAL QUERIES

Applicant shall submit all pre-proposal queries in the following format in Excel only with the

subject capturing the name of the EoI.

S.

No.

EoI Volume,

Section

EoI Page

no.

Original Content in the

EoI Clarification sought


pg. 29

Section 3. Qualification Documents - Standard Forms

APPENDIX 1: QUALIFICATION DOCUMENTS AND PROPOSAL SUBMISSION FORM ................ 30

APPENDIX 2: DETAILS OF THE APPLICANT ................................................................................... 33

APPENDIX 3: FORMAT FOR POWER OF ATTORNEY FOR AUTHORISED REPRESENTATIVE . 34

APPENDIX 4: FINANCIAL QUALIFICATION OF THE APPLICANT .................................................. 36

APPENDIX 5: FORMAT FOR AFFIDAVIT CERTIFYING THAT APPLICANT (AND IT’S

CONTRACTOR/SUB-CONTRACTOR) ARE NOT BLACKLISTED .................................................... 37

APPENDIX 6: COMPLIANCE UNDERTAKING................................................................................... 38

APPENDIX 7: APPLICABLE AND VALID ISP/TSP LICENSE ........................................................... 39

APPENDIX 8: UNDERTAKING FOR GUARANTEE OF REVENUE SHARE IN CASE OF

MERGER/ACQUISITION OF TSP ........................................................................................................ 40


pg. 30

Qualification Documents

APPENDIX 1: QUALIFICATION DOCUMENTS AND PROPOSAL SUBMISSION FORM

[On the Letter head of the Applicant]

{Location, Date}

To:

Managing Director,

Aurangabad Industrial Township Limited,

Udoyg Sarathi, MIDC Office, Marol Industrial Area, Andheri (East),

Mumbai, Maharashtra, India – 400 093

Ref: EoI for Appointment of Telecom Service Provider (TSP) for [Name of the

Assignment].

Dear Sir:

We, the undersigned, offer to express our interest for Appointment for Telecom Service

Provider for Leasing of Dark Fibre for Offering Triple Play Services at Shendra Area of AURIC

in accordance with your Expression of Interest dated [Insert Date]. We are hereby submitting

our Proposal, which includes the Qualification Documents.

If negotiations are held during the period of validity of the Proposal, we undertake to negotiate

in accordance with the EoI. Our proposal is binding upon us, subject only to the modifications

resulting from negotiations in accordance with the EoI.

We hereby declare that:

(a) The Client will be relying on the information provided in the Proposal and the

documents accompanying the Proposal for the selection of the Eligible

Applicants. All the information and statements made in this Proposal are true,

nothing has been omitted which renders such information misleading and we

accept that any misinterpretation or misrepresentation contained in this

Proposal may lead to our disqualification by the Client.

(b) All documents accompanying our Proposal are true copies of their respective

originals. We will make available to the Client any additional information it may

find necessary or require to authenticate or evaluate the Proposal.

(c) Our Proposal shall be valid and remain binding upon us for the period of time

specified in the Data Sheet, Clause 16(a).

(d) We have no conflict of interest in accordance with Clause 2.

(e) We and our Affiliates are not submitting more than one or separate Proposals.


pg. 31

(f) We or any of our Affiliates have not been charge-sheeted by any agency of the

government or convicted by a court of law, indicted or have had adverse orders

passed by a regulatory authority which could cast a doubt on our ability to

execute the Contract.

(g) No investigation by a regulatory authority is pending either against us or any of

our Affiliates or against our chief executive officer or any of our

directors/managers/employees.

(h) If due to any change in facts or circumstances during the EoI process, we

attract the provisions of disqualification in terms of the provisions of this EoI,

we shall inform the Client of the same immediately.

(i) We meet the Eligibility Criteria and all other requirements of the EoI and are

qualified to submit a Proposal, We have not directly or indirectly through an

agent engaged or indulged in any corrupt practice, fraudulent practice, coercive

practice, collusive practice, undesirable practice or restrictive practice as

defined in Section 4 of the ITA. We undertake to continue to abide by and

ensure that our Personnel comply with the Client’s policy with regard to corrupt

and fraudulent practices as per Clause 5 and Section 4.

(j) We or our Affiliates, suppliers, or service providers for any part of the Contract,

are not subject to any temporary suspension and have not been barred by any

government or government instrumentality in India or in any other jurisdiction

to which we or our Affiliates belong or in which we or our Affiliates conduct

business or by any multilateral funding agency, from participating in any project

or being awarded any contract or being given any funding and no such

suspension or bar subsists on the Proposal Due Date.

(k) In the last 5 (five) years, we or our Affiliates have neither been expelled from

any project or contract by any government or government instrumentality nor

have had any contract terminated by any government or government

instrumentality for breach on our part.

(l) Our Proposal is binding upon us and is subject to any modifications resulting

from the Contract (to be shared as part of Stage 2 – RFQ cum RFP)

negotiations.

(m) We have carefully analysed the EoI and all related information. We understand

that except to the extent as expressly set forth in the Contract (to be shared as

part of Stage 2 – RFQ cum RFP), we shall have no claim, right or title arising

out of any documents or information provided to us by the Client or in respect

of any matter arising out of or concerning or relating to the EoI process.

(o) We irrevocably waive any right or remedy which we may have at any stage at

law or howsoever arising to challenge the criteria for evaluation or question any

decision taken by the Client in connection with the evaluation of the Proposals,

selection of the Applicant, or in respect of this Project and the terms and

implementation thereof.


pg. 32

(p) We acknowledge the right of the Client to reject our Proposal without assigning

any reason and we hereby waive, to the fullest extent permitted by applicable

law, our right to challenge the same on any account whatsoever.

(q) We acknowledge the right of the Client to cancel the EoI process and not select

any Eligible Applicants, without assigning any reason and without incurring any

liability to the Applicants and we hereby waive, to the fullest extent permitted

by applicable law, our right to challenge the same on any account whatsoever.

(r) We shall make available to the Client any additional information it may deem

necessary or require for supplementing or authenticating the Proposal.

(s) We acknowledge the right of Client to reject our application without assigning

any reason or otherwise and hereby waive our right to challenge the same on

any account whatsoever.

(t) We further certify that no investigation by a regulatory authority is pending

either against us or against our affiliates or against our CEO or any of

our Directors/ Managers/ employees.

We remain,

Yours sincerely,

Authorized Signature {In full and initials}:

Name and Title of Signatory:

Address:

Contact information (phone and e-mail):


pg. 33

APPENDIX 2: DETAILS OF THE APPLICANT

(To be submitted on the letterhead of the Applicant)

[All individual firms and each partner of a Joint Venture that are submitting the EoI must complete the information in this form. Nationality information should be provided for all owners or Applicants that are partnerships or individually owned firms. Joint Ventures must also fill out in Appendix 6.] 1. (a) Name:

(b) Country of incorporation:

(c) Date of incorporation and/or commencement of business: 2. Brief description of the company including details of its main lines of business and

proposed role and responsibilities in this assignment [Note: Such description shall not exceed 5 type-written pages.]:

5. Details of individual who will serve as the point of contact/ communication for the

Client2:

(a) Name:

(b) Designation:

(c) Company:

(d) Address:

(e) Telephone Number:

(f) E-Mail Address:

(g) Fax Number: 6. Particulars of the Authorised Signatory of the Applicant:

(a) Name:

(b) Designation:

(c) Address:

(d) Telephone Number:

(e) E-Mail Address:

(f) Fax Number:

2 In the event that the authorized signatory and the point of contact are different individuals, the information for both the individuals (i.e., the authorized signatory and the point of contact) are to be furnished. The Client will send communication to both the entities.


pg. 34

APPENDIX 3: FORMAT FOR POWER OF ATTORNEY FOR AUTHORISED REPRESENTATIVE

(To be executed as per Applicable Laws)

Know all men by these presents, We, [name of organization and address of the registered office] do hereby constitute, nominate, appoint and authorise Mr / Ms [name], son/ daughter/ wife of [name], and presently residing at [address], who is presently employed with/ retained by us and holding the position of [designation] as our true and lawful attorney (hereinafter referred to as the “Authorised Representative”), to do in our name and on our behalf, all such acts, deeds and things as are necessary or required in connection with or incidental to submission of our Proposal for EoI of appointment as Telecom Service Provider for [name of assignment], to be developed by the Client including but not limited to signing and submission of all applications, proposals and other documents and writings, participating in pre-bid and other conferences and providing information/responses to the Client, representing us in all matters before the Client, signing and execution of all contracts and undertakings consequent to acceptance of our proposal and generally dealing with the Client in all matters in connection with or relating to or arising out of our Proposal for the said Project and/or upon selection as shortlisted Applicant thereof to us until the entering into of the Contract with the Client.

AND, we do hereby agree to ratify and confirm all acts, deeds and things lawfully done or caused to be done by our said Authorised Representative pursuant to and in exercise of the powers conferred by this Power of Attorney and that all acts, deeds and things done by our said Authorised Representative in exercise of the powers hereby conferred shall and shall always be deemed to have been done by us.

IN WITNESS WHEREOF WE, [name of organization], THE ABOVE NAMED PRINCIPAL HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS [date in words] DAY OF [month] [year in ‘yyyy’ format].

For [name and registered address of organization]

[Signature]

[Name]

[Designation]

Witnesses:

1. [Signature, name and address of witness]

2. [Signature, name and address of witness]

Accepted

[Signature]

[Name]

[Designation]

[Address]

Notes:

1. The mode of execution of the Power of Attorney should be in accordance with the procedure,

if any, laid down by the applicable law and the charter documents of the executant(s) and when


pg. 35

it is so required the same should be under seal affixed in accordance with the required

procedure.

2. Wherever required, the Applicant should submit for verification the extract of the charter

documents and other documents such as a resolution/power of attorney in favour of the person

executing this Power of Attorney for the delegation of power hereunder on behalf of the Applicant.


pg. 36

APPENDIX 4: FINANCIAL QUALIFICATION OF THE APPLICANT

(Applicant shall provide financial information to demonstrate that it meets the requirements

stated in the DS for ITA Clause 5.1 (a). If necessary, separate sheets shall be used to provide

complete banker information.)

Name of Applicant and partner of a Joint Venture (as Applicable):

S. No. Financial Year (FY) Annual Turnover

(INR Crore)

1. Financial Year 2012-13 (or FY 2012)





Note:

1. The Applicant shall attach copies of the balance sheets or financial statements or audited annual

reports for each of the Financial Years mentioned above to ensure the following:

(a) reflect the turnover of the Applicant;

(b) be audited by a statutory auditor;

(c) be complete, including all notes to the financial statements.

2. In case the financial year in the Applicant’s country is the calendar year, the Applicant shall submit

above financial information for years 2012, 2013, 2014, 2015 and 2016.

3. Applicant may use the financial credentials of its parent company provided it is a wholly owned

subsidiary and proof of this establishment is provided as part of the proposal.

Date:


pg. 37

APPENDIX 5: FORMAT FOR AFFIDAVIT CERTIFYING THAT APPLICANT (AND IT’S

CONTRACTOR/SUB-CONTRACTOR) ARE NOT BLACKLISTED

(On Applicant Letter Head)

Affidavit

I M/s. ………………, (the name of the Applicant/Contractor/Sub-Contractor and addresses of

the registered office) hereby certify and confirm that we and our contractors, sub-contractors

and OEMs are not barred or blacklisted by any Central / State Government Department or

Central / State PSUs from participating in any project or being awarded any contract, and no

such bar or blacklisting subsists as on the Proposal Due Date.

We further confirm that we are aware our Proposal for the Telecom Service Providers for

Leasing of Dark Fibre for Offering Triple Play Services at Shendra Area of AURIC Project

would be liable for rejection in case any material misrepresentation is made or discovered with

regard to the requirements of this EoI at any stage of selection and/or thereafter during the

term of the Contract.

Dated this ……………………..Day of …………………., 201….

NAME OF THE APPLICANT/CONTRACTOR/SUB-CONTRACTOR

…………………………………………….

SIGNATURE OF THE AUTHORISED PERSON

…………………………………………….

NAME OF THE AUTHORISED PERSON


pg. 38

APPENDIX 6: COMPLIANCE UNDERTAKING

[The Applicant shall submit an undertaking on company letterhead duly signed and stamped

confirming that Applicant shall provide its telecom services in conformity with the specifications

and standards as per Department of Telecommunication (DoT) and/or Telecom Regulatory

Authority of India (TRAI) guidelines. Further, the services provided to the customers located

at Shendra shall be subject to Indian Telegraph Act 1885 and tariff circulars issued by

respective TSP.]

Proposals received without Compliance Undertaking may be rejected as non-responsive.

Proposals with missing, incomplete, or ambiguous responses regarding compliance may be

deemed non-responsive. Applicants must submit fully compliant proposal with all the

requirements as defined in the document. Client reserves the right to request more information

for any or all responses listed after the EoI submission deadline during the evaluation stage.


pg. 39

APPENDIX 7: APPLICABLE AND VALID ISP/TSP LICENSE

Applicant shall insert applicable and valid ISP/TSP license from Department of

Telecommunications (DoT) during the time of proposal submission allowing the Applicant to

establish and offer triple play telecom wired services in Aurangabad, Maharashtra Circle as

per the qualification criteria of this EoI.


pg. 40

APPENDIX 8: UNDERTAKING FOR GUARANTEE OF REVENUE SHARE IN CASE OF

MERGER/ACQUISITION OF TSP

Applicant shall submit an undertaking on Applicant Letterhead duly signed and stamped

guaranteeing that it shall continue sharing committed revenue established as part the present

bidding process (Stage 1 i.e. EoI and Stage 2 i.e. RFQ cum RFP) in case of any

merger/acquisition of the Applicant.


pg. 41

Section 4. Corrupt and Fraudulent Practices

4.1 The Applicants and their respective officers, employees, agents and advisers shall

observe the highest standard of ethics during the selection process. Notwithstanding

anything to the contrary contained in this EoI, the Client shall reject a Proposal without

being liable in any manner whatsoever to the Applicant, if it determines that the

Applicant has, directly or indirectly or through an agent, engaged in corrupt practice,

fraudulent practice, coercive practice, undesirable practice or restrictive practice

(collectively the “Prohibited Practices”) in the selection process. In such an event, the

Client shall, without prejudice to its any other rights or remedies, forfeit and appropriate

the Performance Security (To be shared as part of Stage 2 – RFQ cum RFP), if

available, as mutually agreed genuine pre-estimated compensation and damages

payable to the Client for, inter alia, time, cost and effort of the Client, in regard to the

EoI, including consideration and evaluation of such Applicant’s Proposal.

4.2 Without prejudice to the rights of the Client under Clause 4.1 hereinabove and the

rights and remedies which the Client may have under the LOA or the Contract, if a

Applicant is found by the Client to have directly or indirectly or through an agent,

engaged or indulged in any corrupt practice, fraudulent practice, coercive practice,

undesirable practice or restrictive practice during the selection process, or after the

issue of the LOA or the execution of the Contract, such Applicant shall not be eligible

to participate in any tender or EoI, RFQ cum RFP issued by the Client during a period

of 2 (two) years from the date such Applicant is found by the Client to have directly or

through an agent, engaged or indulged in any corrupt practice, fraudulent practice,

coercive practice, undesirable practice or restrictive practice, as the case may be.

4.3 For the purposes of this Clause 4.3, the following terms shall have the meaning

hereinafter respectively assigned to them:

(a) “corrupt practice” means (i) the offering, giving, receiving, or soliciting, directly

or indirectly, of anything of value to influence the action of any person

connected with the selection process (for avoidance of doubt, offering of

employment to or employing or engaging in any manner whatsoever, directly

or indirectly, any official of the Client who is or has been associated in any

manner, directly or indirectly with the selection process or the LOA or has dealt

with matters concerning the Contract or arising therefrom, before or after the

execution thereof, at any time prior to the expiry of 1 year from the date such

official resigns or retires from or otherwise ceases to be in the service of the

Client, shall be deemed to constitute influencing the actions of a person

connected with the selection process; or (ii) save as provided herein, engaging

in any manner whatsoever, whether during the selection process or after the

issuance of the LOA or after the execution of the Contract, as the case may be,

any person in respect of any matter relating to the Project or the LOA or the

Contract, who at any time has been or is a legal, financial or technical

consultant/adviser of the Client in relation to any matter concerning the

Contract;

(b) “fraudulent practice” means a misrepresentation or omission of facts or

disclosure of incomplete facts, in order to influence the selection process;

(c) “coercive practice” means impairing or harming or threatening to impair or

harm, directly or indirectly, any persons or property to influence any person’s

participation or action in the selection process;


pg. 42

(d) “collusive practices” is an arrangement between two or more parties designed

to achieve an improper purpose, including to influence improperly the actions

of another party3;

(e) “undesirable practice” means (i) establishing contact with any person

connected with or employed or engaged by the Client with the objective of

canvassing, lobbying or in any manner influencing or attempting to influence

the selection process; or (ii) having a conflict of interest; and

(f) “restrictive practice” means forming a cartel or arriving at any understanding or

arrangement among Applicants with the objective of restricting or manipulating

a full and fair competition in the selection process.

3 For the purpose of this sub-paragraph, “parties” refers to participants in the procurement or selection process

(including public officials) attempting either themselves, or through another person or entity not participating in the procurement or selection process, to simulate competition or to establish prices at artificial, non-competitive levels, or are privy to each other’s bid prices or other conditions.


pg. 43

VOLUME II – TERMS OF REFERENCE

1 INTRODUCTION ............................................................................................................................ 44

1.1 PROJECT BACKGROUND ............................................................................................................................. 44

1.2 POPULATION AND EMPLOYMENT PROJECTION ............................................................................................... 45

2 PROJECT OBJECTIVES ............................................................................................................... 47

2.1 OVERVIEW ................................................................................................................................................ 47

2.2 OBJECTIVES .............................................................................................................................................. 48

3 EXISTING CONDITIONS ............................................................................................................... 48

3.1 PROPOSED ICT INFRASTRUCTURE .............................................................................................................. 48

3.1.1 Overview ...................................................................................................................................... 48

3.1.2 Point of Presence ......................................................................................................................... 49

3.1.3 Fibre Optic Civil Infrastructure ...................................................................................................... 49

3.2 ONGOING INITIATIVES AT AURIC................................................................................................................. 50

3.3 CURRENT SITE CONDITIONS ....................................................................................................................... 52

4 BUSINESS AND FUNCTIONAL REQUIREMENTS ...................................................................... 56

4.1 BUSINESS REQUIREMENTS ......................................................................................................................... 56

4.2 FUNCTIONAL REQUIREMENTS ...................................................................................................................... 57

5 SCOPE OF WORK ......................................................................................................................... 58

6 ROLES AND RESPONSIBILITIES ................................................................................................ 59

6.1 TELECOM SERVICE PROVIDER .................................................................................................................... 59

6.2 CLIENT - AITL ........................................................................................................................................... 60

6.3 MASTER SYSTEM INTEGRATOR.................................................................................................................... 61

6.4 ENGINEERING, PROCUREMENT, AND CONSTRUCTION (EPC) CONTRACTOR ..................................................... 61

7 IMPLEMENTATION SCHEDULE .................................................................................................. 61


pg. 44

1 Introduction

1.1 Project Background

Government of India (GoI) has envisaged the development of Delhi Mumbai Industrial Corridor

(DMIC) along the alignment of proposed multi-modal high axle load Dedicated Freight Corridor

(DFC) between Delhi and Mumbai. The corridor covers approximately 1483 km and passes

through six (6) states. To tap the development potential of the proposed freight corridor, a

band spanning 150 km on both sides of the freight corridor has been identified as the ‘Influence

Region’ and is proposed to be developed as DMIC. The multi-billion dollar DMIC is one of the

largest infrastructure and economic development programs in India’s history.

The Delhi Mumbai Industrial Corridor Development Corporation (DMICDC) acts as an

intermediary for the purposes of development and establishment of infrastructure projects and

facilities in India. It is responsible for developing and disseminating appropriate financial

instruments, negotiating loans and advances of all nature, and formulating schemes for

mobilization of resources and extension of credit for infrastructure. DMICDC undertakes

project development services for investment regions/ industrial areas/ economic regions/

industrial nodes and townships for various central agencies and state governments. The

shareholders of DMICDC include different agencies: Government of India represented through

Department of Industrial Policy and Promotion (DIPP), Ministry of Commerce and Industry,

Japan Bank for International Cooperation (JBIC), Housing and Urban Development

Corporation Limited (HUDCO), India Infrastructure Finance Company Limited (IIFCL) and Life

Insurance Corporation of India (LIC).

Maharashtra Industrial Development Corporation (MIDC) is the industrial development arm of

the Government of Maharashtra responsible for creating state-of-the-art infrastructure for

industrial development in each district of the state and assisting entrepreneurs in setting up

industrial units. Within a span of five (5) decades of its inception, MIDC has become the

premier industrial infrastructure development agency in India, a powerful engine of progress

with a trailblazing record and above all the pride of Maharashtra.

Together, DMICDC and MIDC for the development of this project have formed a Special

Purpose Vehicle (SPV) called Aurangabad Industrial Township Limited (AITL) to develop and

manage the new integrated industrial township as one of the four DMIC nodes in Maharashtra.

AITL will have 51% stake of MIDC and 49% stake of DMICDC. There are four shareholders

from Government of Maharashtra and three shareholders from Government of India. The

Board of Directors consists of three directors from the State Government: 1) Principal

Secretary – Industries, Government of Maharashtra, 2) Chief Executive Officer, MIDC, and,

3) Joint Chief Executive Officer, MIDC; and three directors from the Delhi Mumbai Industrial

Development Corporation (DMICDC): 1) CEO, DMICDC, 2) VP DMICDC, 3) Chief Financial

Officer, DMICDC. The Board is chaired by the Principal Secretary, Industries, Government of

Maharashtra. AITL will promote AURIC for development, management and operations for its

new integrated industrial township.


pg. 45

Exhibit 1: Shendra-Bidkin

AURIC is strategically located near Aurangabad in Maharashtra. Besides an existing rail and

highway network that connects the new city with major cities in India, AURIC is approximately

10 minutes away from Aurangabad International Airport and approximately 30 minutes away

from downtown Aurangabad. The Jawaharlal Nehru Port Trust’s proposed dry port and

container terminal at Jalna is also approximately 40 minutes away.

AURIC is planned as an extension of the existing MIDC’s Shendra Industrial Park to the town

of Bidkin located near Aurangabad.

Development of AURIC has been divided into two (2) phases – Phase 1 is AURIC-Shendra

and Phase 2 is AURIC-Bidkin. AURIC-Shendra spreads across an area of approximately 8.45

sq.km while AURIC-Bidkin is spread across approximately 32.03 sq.km. Exhibit 1 above

shows the location map of Shendra and Bidkin areas of AURIC.

With the overall vision of developing AURIC as a smart greenfield industrial city, around sixty

(60) percent of the land-use of AURIC is intended for industrial purpose while remaining is

combination of residential, commercial, public amenities and project affected population

(PAP). The overall vision of the project includes implementation of state-of-the-art

infrastructure that will be highly reliable, available and integrated over technology.

1.2 Population and Employment Projection

Projected population is presented in Exhibit 2 below.


pg. 46

Exhibit 2: SBIA-Population Projection

Source: Techno-Economic Validation for Shendra-Bidkin Industrial Area i.e. AURIC

Captive employees denote the number of working members living within the development- industrial township. Others are expected to be daily commuters to the development area. The estimated population is expected to be between 230,000 and 280,000 individuals. The population estimate shown in Exhibit 3 is based on employment dynamics. As the industrial city develops and is established as a prime location, the region is likely to witness increase in population.

Exhibit 3: SBIA-Employment Projection

Source: Techno-Economic Validation for Shendra-Bidkin Industrial Area i.e. AURIC

Indirect employment is estimated to be 50%-75% of the direct employment in the initial years, with the same increasing to about 125-130% by 2029. The total employment projection in the development is approximately 164,000 persons (cumulative of direct and indirect).

Some of the major industries that shares boundaries with AURIC include Audi India, Skoda Auto, Volkswagen, Perkins Engines and Siemens.

AITL also has an overall Program Manager and ICT Consultant for the development works at AURIC. EPC Contractors have been appointed for the civil trunk infrastructure, utilities work and its implementation at the Shendra and Bidkin areas respectively. The appointment of Master System Integrator (MSI) for implementation of the smart city ICT Components has also completed. Through an online e-Land Management System (LMS), AITL has started allocating various plots at Shendra and has successfully shortlisted candidates for allocation of 30 + major plots till date.

Cumulative Population

of approx. 75,000

Cumulative Population of approx. 230,000

Cumulative Employment

of approx. 50,000

Cumulative Employment of approx. 164,000


pg. 47

2 Project Objectives

2.1 Overview

Traditionally, availability of modern and reliable voice, video and data services – termed as

triple play services, have been dependent on the availability and support of the required eco-

system from telecom service providers (TSPs)/telcos. Specifically, within the triple play

services, available and affordable data or broadband services are considered as one of the

key economic enablers. There have been various statistics around availability of broadband

being linked to the GDP. As per one of the studies conducted by World Bank, a 10% increase

in broadband penetration contributes to 1.2% increase in GDP. India had one of the slowest

average broadband speeds across in Asia Pacific with average speed at 2.5 Mbps in Q3 of

2015. Moreover, the peak average speed across in India was pegged at 18.7 Mbps. In

contrast, the global average speed was pegged at 5.1 Mbps while the peak average speed

was pegged at 32.2 Mbps. When compared to a country like South Korea which was ranked

first in this study, the average speed of broadband across South Korea was 20.5 Mbps while

the peak was at 86.6 Mbps.

Governments across the globe (including India) have taken various initiatives of implementing

the desired broadband network infrastructure to make broadband services available to citizens

at an affordable price point. Broadband is now considered as a fourth utility (after water, power

and gas) by residents and businesses, while deciding upon their preferred live or work places.

People invest in cities that offer state-of-the-art modern infrastructure. Connectivity is now a

necessity across cities for both residents and businesses. The concept of smart cities also has

a key focus on creating accessible, affordable and available broadband services across the

country.

Being a greenfield city, AURIC has an advantage of being able to implement an end-to-end fibre

optic infrastructure. As any greenfield smart city should be, AURIC is built around a philosophy

of ducting and fibre infrastructure as the number one priority to enable world class connectivity.

In the context of “Digital India”, Hon’ble Prime Minister Narendra Modi in his speech has quoted,

“Cities in the past were built on riverbanks. They are now built along highways. But in the future,

they will be built based on availability of optical fibre networks and next-generation

infrastructure”. Benefits of an optical fibre network are numerous and well established. An optical

fibre network is faster, reliable, sustainable, advanced and secure. A network of this kind will:

Improve the quality of life of end users in AURIC;

Encourage businesses of all sizes, from SMEs to large international corporations from

the high speeds of fibre optic broadband infrastructure;

Create more favorable innovation and investment opportunities in and around AURIC;

Boost the efficiency of e-government services.

Faster, reliable and secure optical fibre network will also make government data more

accessible, facilitate the development of new applications and services; reduce government

costs and the costs of accessing government services by increasing the use of e-governance

services.

The citizen today is looking at choices in terms of availability of different TSPs along with

affordable and available modern telecom services. However, the availability of TSPs in a

particular area is also dependent on the profitability index that the TSPs evaluate while

deciding to implement and operate their respective infrastructure. The biggest challenge in

achieving high and affordable broadband penetration is the lack of availability of high-quality

infrastructure. Besides, the telcos need to apply for RoWs and other permits for their

infrastructure, incur the CAPEX for their infrastructure and ultimately get a subscriber.


pg. 48

To address these challenges and create a win-win for the telcos and the citizens, AITL is

investing in developing an end-to-end fibre optic infrastructure that allows for both flexibility

and growth. This will save the telcos the front end investment in trenching, conduit, cable, and

other civil infrastructure as well as the RoW. TSPs will also have the quickest access to

customers/subscribers using this option as they don’t have to wait for any setup of

infrastructure required to reach the customers. They can use the AITL provided infrastructure

to immediately provide their services. With this, the services provided by TSP can be most

advanced with best plans for the customers. Because of this, the citizens will also have the

maximum number of options in terms of TSPs and their services at price points that are

affordable and accessible.

2.2 Objectives

Before presenting the objectives, it is worth describing the current land use for AURIC Phase

1 i.e. Shendra to provide a sense of population and density mix. There will be plots that will be

owned and developed by AITL as municipal / administrative / other government offices. These

will be called as AITL plots. There will be other AITL plots owned by AITL and developed as

public amenities/utilities like shopping malls, police station, community shopping, municipal

schools, temples, point of presence, electric sub-station, effluent and waste management etc.

The remaining plots will be called as non-AITL plots and a set of that will comprise of industrial,

commercial, and residential plots that will be developed by the respective plot holders. The

other set of non-AITL plots will be project affected population (PAP) plots that will be allotted

to the existing population being affected by the project.

As part of its vision, AITL intends setting up infrastructure for telecommunication services for

Shendra by leasing out dedicated backbone and distribution fibre optic infrastructure to the

telecom service providers.

The objective of this EOI is to shortlist eligible and interested TSPs, who would later be invited

to submit detailed technical and financial proposals for the leasing of dark fibre infrastructure

for offering triple play services at Shendra area of AURIC. The ultimate aim of this EOI is:

To shortlist eligible TSPs, who would later be invited to submit financial bids for the

leasing of Dark Fibre;

Price discovery through RFQ cum RFP for shortlisted and eligible TSPs (revenue

sharing);

Delivering advanced fibre based telecom services until the Plots, adhering to the DC

Rules of AURIC.

Benchmarking the TSP services to avoid any monopoly;

Providing best services at competitive price to the customers;

Ultimately, achieve the result of obtaining the best revenue for the AURIC assets.

3 Existing Conditions

3.1 Proposed ICT Infrastructure

3.1.1 Overview

An underlying enabler of a smart city is a highly reliable and available fibre optic infrastructure.

AURIC-Shendra will be the first city of its kind that will have an end-to-end fibre optic

infrastructure with an overall FTT-X architecture for all its services. This infrastructure will be

used for both AITL and non-AITL services. It is expected that overall, fibre optic infrastructure


pg. 49

will be used for connectivity to all ‘things’ being implemented as part of Shendra city and will

be the underlying enabler for connectivity.

3.1.2 Point of Presence

Point-of-Presence (POP) rooms are where all telecom services (AITL and non-AITL) will originate/terminate. This space will be shared between AITL services and tenants including Telecom Service Providers (TSP) and cellular among others. There will be five (5) POPs at geographically distributed locations across Shendra. The POPs shall have dedicated space for each of the tenant. POPs may also have the main cellular towers co-located in the same plot location with dedicated space for cellular services.

3.1.3 Fibre Optic Civil Infrastructure

The fibre optic network will be installed using the trench, manholes and handholes, and ducts being provided by AITL. Details related to each of the component of the fibre optic civil infrastructure are presented below:

Trench

The trench for the purposes of the project includes trench for backbone, distribution, and access network. The backbone and distribution trench is divided into two (2) parts (indicative):

For the backbone and distribution for 60m, 45m, 30m Right-of-Way (RoW), there will be a concrete encased trench (called the main trench) that will be provided by AITL through its EPC Contractor. The main trench shall be provided with a tray based system and shall have dedicated tray for fibre optic infrastructure for the duct installations.

For the backbone and distribution trench for less than 30m RoW, open trench will be provided by AITL on one side of the road that shall be used for installation of the fibre optic infrastructure. AITL will also provide Hume pipes for crossing to connect the other side of the roads which will be used for installing the fibre optic infrastructure.

For the last mile connectivity to the plots, access trench is provided by AITL to every plot from the main trench.

Manhole and Handhole

AITL shall provide manholes and handholes at strategic locations for fibre optic backbone and distribution infrastructure. The manholes shall be used to place the splice enclosures and connect the plots. From these manholes, there will be dedicated connectivity to the respective plots. Handholes will generally be provided at intersections for future purposes, and at other strategic locations. It is possible that the manholes for concrete encased trench may be provisioned through dedicated space inside the trench itself.

Conduits/Ducts

The fibre optic cable shall be installed inside dedicated Permanently Lubricated (PLB) High Density Polyethylene (HDPE) smooth wall configuration ducts inside the main trench. There are two (2) types of ducts for fibre optic laying to fulfill the end-to-end connectivity of the ICT infrastructure for TSPs:

4x40mm (OD) HDPE ducts inside its dedicated HDPE outersleeve for backbone and distribution infrastructure. AITL plans to dedicate single 40mm duct from each of these ducts to each TSP respectively.

7x20mm (OD) HDPE ducts with one HDPE outersleeve for connectivity to every plot. AITL plans to dedicate single 20mm duct from this to each TSP. This duct will be terminated just outside the property line of non-AITL plots from where, the TSP will


pg. 50

enable the duct to the telecom room via the plot developer. For the AITL plots, AITL will provide the duct end to end until the plot MTR.

Each of these conduits will be colour coded as per EIA/TIA 598 standard to ensure ease of allocation and maintenance based on various services.

Last Mile Connectivity and OFC:

A dedicated 96 strands of fibre optic cable will be provided to each TSP for its telecom

requirements across the backbone and distribution network. This will be installed inside

dedicated 1x40mm HDPE duct allocated to each TSP.

For the last mile connectivity to the non-AITL plots that will be developed by the respective

plot developers, AITL shall provide the dedicated 20mm HDPE duct just outside the property

line on a per plot basis (using the 7x20mm architecture). At the property line, this duct shall

be stubbed out, capped and sealed. Subsequently, the plot developer shall bring his dedicated

duct infrastructure along with AITL specified OFC from inside the plot until the point where the

AITL duct has been stubbed out, and join the two ducts using industry standard grade coupler

or using a handhole. This will enable end-to-end connectivity for all non-AITL plots. The

splicing between the plot holder provided OFC and AITL provided OFC will be provided by the

plot developer/TSP under AITL’s supervision.

3.2 Ongoing Initiatives at AURIC

The overall vision of AURIC includes positioning of Information & Communications Technology

(ICT) as the key enabler to integrate various functions of the city development and operations,

provide advanced and affordable services to the citizens along with efficient governance and

management of the city operations. In addition, the Client also has an overall Program

Manager for the development of AURIC. EPC Contractors have been appointed for the civil

trunk infrastructure, utilities work and the implementation at the Shendra area. Following

infographics presents the City ICT components planned for AURIC-Shendra.

Exhibit 4: Smart city ICT Components


pg. 51

Following table lists components provided by others in the area:

Component Project requirement

Smart City ICT

Components

A Master System Integrator (MSI) has been appointed by AITL for

Supply, Implementation, Integration, Operations and Maintenance of

Smart City ICT Components. This includes Fibre Optic Infrastructure,

City-Wide Wi-Fi, AURIC e-Governance and ERP (AEE), CCTV

Surveillance System including Automatic Traffic Counter and Classifier

(ATCC), Multi-Services Digital Kiosks and Emergency Communications,

ICT interface for Smart Solid Waste Management with CAD/AVL,

Environmental Sensors, Automatic Vehicle Location (AVL) System,

Other In-Facility Systems Solar Panel with Batteries, IT Infrastructure,

AURIC Control Centre (ACC).

Passive Infrastructure

for Cellular Services

A tower company will be appointed by AITL for the installation, operations

and maintenance of passive infrastructure for cellular services including

cellular towers and integrated smart poles. AITL will also provide

dedicated space to the tower company for installation of towers and co-

location of equipment (provided by cellular service providers).

ICT interface with

Power, Water and

Street Lighting

Infrastructure for

Internet of Things (IoT)

At present, EPC Contractor is implementing the civil and utilities trunk

infrastructure. The water, power and street lighting infrastructure being

provided by the EPC Contractor will be SCADA based and will be

integrated at the ACC for the purposes of monitoring and control of critical

parameters.

Hosting Services AITL will appoint a cloud service provider for meeting the hosting needs

of the Project. Part of the Project IT infrastructure in the form of servers

will be used via Infrastructure-as-a-Services (IaaS) provided by the cloud

service provider.

Civil Trench for Fibre

Optic Infrastructure EPC Contractor shall be providing the civil trench for the fibre optic

infrastructure at majority of the places for backbone and distribution

network. Details of this trench have been provided as part of this EOI.

AURIC Hall for ACC AURIC Hall EPC Contractor shall be responsible for the design-build of

the AURIC Hall building. This is the location where the ACC will be

implemented.

Solid Waste

Management

Operations Agency

AITL will appoint a dedicated agency for solid waste collection and

operations.

e-Land Management

System

AITL has implemented an e-Land Management System (e-LMS) which

is being used for land allotment and management.


pg. 52

3.3 Current Site Conditions

Currently, onsite civil works by EPC Contractor are ongoing for 60m, 45m, and 30m RoW.

Trench Excavation works for HCT are in progress and the casting work of precast trenches

for HCT at 60m RoW are almost completed. Road compaction works are also partially

completed for all the roads. Sewerage line laying works, Water Supply pipe laying works, and

utility trenching works in progress at both side of road. AURIC Hall construction works are in

progress. ROB – 1 construction works and Major culvert concrete work at junction point is in

progress.

Exhibit 5: AURIC Hall Construction Progress

Exhibit 6: Laying of RCC Trench in progress


pg. 53

Exhibit 7: 60m RoW - Junction next to Perkins

Exhibit 8: 45m RoW


pg. 54

Exhibit 9: 30m RoW

Exhibit 10: Water supply pipe laying works at utility lane


pg. 55

Exhibit 11: Construction work-in progress at ROB


pg. 56

4 Business and Functional Requirements

4.1 Business Requirements

BR 1 Various telecom services including voice, video and data will be provided as part of

AURIC’s project area by the TSPs.

BR 2 TSP shall lease dark fibre optic infrastructure from AITL to offer their voice, video and

data services and shall design the best competitive plans for the customers in AURIC.

If the services and special tariff plans are customized at any time, it shall be done in

mutual understanding between TSP and AITL.

BR 3 There is no copper connectivity envisioned in the outside plant. All triple play services

must be delivered over fibre optic cable.

BR 4 TSP shall have a gross adjusted revenue share percentage with AITL on the audited

billing records of customer of TSP located at Shendra who availed Telecom Services

from the TSP.

BR 5 The availability of Fibre based backbone communications for Shendra is envisaged to

meet or exceed 99.99%. This implies that the uptime of OFC to be leased by TSPs will

be 99.99% considerable.

BR 6 For the TSPs, only the ‘bare-shell’ infrastructure with partitioned space within the POP

shall be provided as a part of this Project. The tenants shall be responsible for using

this ‘bare-shell’ infrastructure space and provide all their required actives or other

infrastructure inside their dedicated space.

BR 7 Cloud MPLS/leased line links (100 Mbps) between Shendra and CSP locations shall

be provided at market rate to the Client. This is expected from the first two (2) TSPs

awarded the dark fibre leasing by AITL.

BR 8 Internet services for all the AURIC Floors at AURIC Hall shall be provided at no cost to

the Client – 100 Mbps. This is expected from first two (2) TSPs that are awarded the

dark fibre leasing by AITL. It is expected that there will be two (2) dedicated 100 Mbps

leased line links for command and control center and two (2) dedicated 100 Mbps

leased line links at AURIC Hall floors dedicated for use of AURIC.

BR 9 24x7 Customer Care phone number shall be provided at no cost to the Client. Moreover,

Intercom facility between all AURIC Offices (10 locations) shall be provided at no cost

to the client.

BR 10 All splicing for distribution network of TSPs and other tenants shall be the responsibility

of the respective TSPs and tenants under the supervision of AITL.

BR 11 The TSP shall provide its telecom services in conformity with the specifications and

standards as per Department of Telecommunication (DoT) and/or Telecom Regulatory

Authority of India (TRAI) guidelines amended at time to time basis. Further, service

provided to the customers located at Shendra shall be subject to Indian Telegraph Act

1885 and tariff circulars issued by respective TSP at time to time basis.

BR 12 The TSP shall not be allowed to sublease any OFC strands to any other Third Party

and generate revenue.

BR 13 AITL is free to have a revenue share model with multiple telecom service providers in

Shendra at the established % discovered through this process.


pg. 57

BR 14 TSP shall refer to ICT guidelines published on Client’s website and updated from time-

to-time for compliance.

4.2 Functional Requirements

FR 1 Each TSP shall get a dedicated 96 count fibre optic cable throughout Shendra. This 96

count cable will be installed inside dedicated conduit infrastructure of 40mm throughout

the backbone and distribution trench. Additionally, at two (2) ROB locations being built

by AITL, AURIC will provide conduit to each TSP at the time of signing this

arrangement.

FR 2 This 96 count fibre optic cable shall be provided between all POP locations and end-to-

end across entire project area for backbone and distribution network.

FR 3 All TSPs shall terminate their equipment inside the POPs. It is expected that the TSPs

will terminate their outside fibre in at least one POP, with conduit and interconnection

fibre provided by AITL at a designated demarcation point at the boundary of the project

area. All cost associated with bringing the outside fibre until this demarcation point shall

be borne by the TSP.

FR 4 There are two (2) types of ducts for fibre optic laying to fulfill the end-to-end connectivity

of the ICT infrastructure:

4x40mm (OD) HDPE ducts, each set of 4-40mm installed inside its dedicated

HDPE outersleeve for backbone and distribution infrastructure. AITL plans to

reserve single dedicated 40mm duct from each of these ducts for each TSP.

7x20mm (OD) HDPE ducts with one HDPE outersleeve for connectivity to

every plot. AITL plans to reserve dedicated single 20mm duct from this for each

TSP. This duct will be terminated just outside the property line of non-AITL plots

from where, the TSP will enable the duct to the telecom room via the plot

developer. For the AITL plots, AITL will provide the duct end to end until the

plot MTR.

FR 5 All the active electronics for end customer shall be supplied, installed, operated, and

maintained by the TSP. Any damage to AURIC/Third Party Infrastructure or

equipment's will have to be made good by TSP at their own costs.

FR 6 In case of unavailability of AITL fibre at a particular location during construction, the

TSP shall make arrangements for wireless/radio based interim connectivity to the

customers as required at no additional cost to the Client.

FR 7 The TSPs shall be given only bare shell space in the POP room with partition and

supplied with fibre cross connect capability to the fibre optic backbone and distribution

network within project area. The TSPs shall be responsible for any additional

infrastructure required inside their respective space, such as UPS power and air

conditioning.

FR 8 POPs shall have an access control and CCTV surveillance system for secure access

and monitoring provided by AITL.

FR 9 POP rooms shall have separate electrical feeds for power. This shall be coordinated

with the EPC contractor. Each TSP shall have separated metered power, supplied from

the main electrical panel located in the AITL suite. The TSP will setup energy meters in

its designated area and pay as per actual for its own electricity usage. TSP shall be

responsible for providing any temporary power required during construction phase. Any


pg. 58

temporary power required for the POP rooms during course of construction shall be the

responsibility of the respective TSP.

FR 10 The TSP shall integrate TSP billing solution with client ERP System for transparent

revenue sharing information. The Client is implementing an SAP based system for their

ERP requirements. The details on gross bills of TSPs shall be shared with AITL at the

last day of every calendar month.

FR 11 The AITL dedicated space inside the POP will be the entry point for all outside plant

fibre optic cable. The outdoor cables will terminated on wall mounted cabinets, and be

spliced to fibre distribution frames, where the fibre connections will be distributed to

AITL equipment and TSP equipment, per fibre distribution cables to each TSP room.

FR 12 The fibre demarcation point at the plot shall be the patch panel and the dedicated

distribution frame in respective TSP room at the POP. All outside plant infrastructure

shall terminate at the AITL space at the POP and then will be cross connected to fibre

patch cables connecting each partition suite for TSPs and cellular space.

FR 13 First two (2) TSPs that lease fibre from AITL shall provide additional Cloud services via

100Mbps or better MPLS/leased line links between Shendra and CSP locations at

market rates to the Client. These links shall support requirements for e-governance and

ERP services for AITL and the resident citizens and shall support access of services

using Internet.

FR 14 The first two (2) shortlisted TSPs shall provide Internet services via dedicated 100 Mbps

or better ISP leased line links for command and control room and dedicated 100 Mbps

or better ISP leased line links for other AURIC offices at AURIC Hall at no cost to the

Client.

5 Scope of Work

Following is the scope of work for the Telecom Service Provider:

1. The TSP shall provide its telecom services in conformity with the specifications and standards as per Department of Telecommunication (DoT) and/or Telecom Regulatory Authority of India (TRAI) guidelines. Further, service provided to the customers located at Shendra shall be subject to Indian Telegraph Act 1885 and tariff circulars issued by respective TSP’s;

2. The TSP shall use AITL fibre to create their network to provide triple play (Voice, Video and Data) services to the end customer;

3. The TSP shall deliver advanced fibre based telecom services until the plots, adhering to the DC Rules of AURIC.

4. The TSP shall share gross revenue % of the billed amount monthly with AURIC. At any given time, TSP shall ensure that there are no discrepancies between amount billed to customer vs information shared with AURIC and % revenue paid to AURIC. The gross revenue % payments shall be made to AITL on a quarterly basis;

5. The TSP shall integrate TSP billing solution with client ERP System (SAP) for transparent revenue sharing;

6. The TSP shall evaluate the target number of subscribers, services, and provide the revenue details projected upto 4 years, 5-9 years, and 10-15 years as part of its technical proposal in Stage 2 i.e. RFP stage;

7. The TSP shall work with AURIC to create a level play in terms of establishing plans


pg. 59

that are affordable and modern for citizens;

8. The TSP shall ensure the best technology at competitive tariff plans for its customer;

9. The TSP shall use AITL provided termination panels to terminate their cable at the POP. This shall be done in coordination with the MSI;

10. The TSP shall Supply, Install, Operate, and Maintain active electronics and last mile connectivity for end customer;

11. In case of unavailability of AITL fibre at a particular location, the TSP shall make arrangements for interim connectivity to the customers during the construction phase. The TSP shall provide as a part of its technical proposal as part of Stage 2 - RFQ cum RFP, an action plan for the same;

12. The TSP shall ensure that the environmental impact of the services offered are as per the applicable regulatory standards and directives;

13. The first two (2) TSPs shall provide a 100 Mbps or better MPLS/Leased line links between Shendra and Cloud Service Provider (CSP) locations at market rates to the Client;

14. The first two (2) TSPs shall provide Internet services via 100 Mbps or better ISP leased line links for all the AURIC Floors at AURIC Hall (two links for command and control center and two for AURIC floors at AURIC Hall). This will be complimentary and will be provided at no cost to the Client;

15. The TSP shall setup 24x7 customer care phone number for AURIC including Intercom facility between AURIC Offices for entire duration of Project;

16. The TSP shall setup energy meters in its designated area and pay as per actual for its own electricity usage. TSP shall arrange and provide any temporary power required during the construction stage as needed to provide its services;

17. The TSP shall coordinate with the EPC Contractor, the MSI, the Cloud service provider, and AITL as required.

6 Roles and Responsibilities

6.1 Telecom Service Provider

Following are the responsibilities of the TSPs:

1. The cost and expenses of the entire active infrastructure including, but not limited to, all active network equipment & related accessories for provision and establishment of Telecom Services shall be borne by the TSP. The TSP shall be responsible for the operation and maintenance cost as well as for the cost of any upgradation in the active network infrastructure laid by it for provisioning the Telecom Services in Shendra;

2. TSP shall be responsible to obtaining prior approval required, if any, from Department of Telecommunication (DoT) and/or Telecom Regulatory Authority of India (TRAI) or any other Statutory Authorities (and share the same with AITL) with respect to erecting active infrastructure and providing Telecom Services to its consumer located in the Shendra and shall at all time ensure to keep such approvals valid till date of expiry of this agreement;

3. TSPs shall provide design inputs to AITL and MSI for the fibre optic infrastructure;

4. TSP shall directly collect dues payable to it by the customers located at Shendra. AITL shall not in any way be liable or responsible for the non-payment or delayed payment


pg. 60

of the dues to by its consumer located at Shendra;

5. TSP shall bear all capital and recurring expenses for active and passive infrastructure outside Shendra to reach the nearest POP location;

6. TSP shall be responsible for any additional infrastructure required inside their respective space, such as UPS power, air conditioning etc.;

7. TSP shall be responsible for the safety and security of its personnel;

8. TSP shall coordinate with MSI for splicing works (to be done under supervision of AITL);

9. TSP shall coordinate with CSP for the MPLS/Leased Line links;

10. POPs shall have an access control and CCTV surveillance system for secure access and monitoring. There shall be swipe access and sign in for each TSP managing access to and from the POP. TSP shall intimate the number of personnel, if any, who shall be stationed at the POP facility as and when required. All TSP personnel entering Shendra for maintenance purpose shall carry valid ID proof and follow all entry and security rules of Shendra.

11. TSP shall pay any cost associated with fibre optic infrastructure repair (owned by the Client) in case any damages caused by the Telecom Service Provider as per actuals. Client has an authorized agency responsible for O&M of the fibre optic infrastructure. The SLAs associated with this shall be provided as part of the RFP (Stage 2).

6.2 Client - AITL

1. AITL shall provide the following infrastructure and facilities as part of this arrangement:

a. Dedicated RoW to the shortlisted TSPs within Shendra Project area using the trench being provided as part of the Project area at no cost;

b. Point of Presence (POP) spaces with raw power (made available only after commissioning by EPC contractor). Payment to be made by TSP as per actual;

c. ICT Civil infrastructure including trench, cable tray, conduit, manhole, and handhole;

d. Dedicated 40mm duct with dedicated 96 strands of fibre for backbone and distribution; and

e. Dedicated 20 mm duct for last mile connectivity.

i. For AITL plots, the 20mm duct is provided till the telecom room within the plot,

ii. For non-AITL plots, the 20mm duct is provided only till the nearest manhole just outside the property line of the plot. The TSP will enable the duct to the telecom room via the plot developer.

2. AITL shall share its infrastructure with TSP to enable TSP to provide Telecom Services as agreed subject to revenue sharing by TSP with AITL;

3. The availability of Fibre based backbone communications for passive network for Shendra is envisaged to meet or exceed 99.99%;

4. AITL shall provide the required space for each TSP inside its POP rooms on a chargeable basis to ensure smooth telecom operations. The TSPs shall be given only bare shell space with partition and supplied with fibre cross connect capability to the fibre optic backbone and distribution network within Shendra. The TSPs shall be responsible for any additional infrastructure required inside their respective space, such as UPS power and air conditioning;


pg. 61

5. AITL shall support to get power supply (excluding UPS), water supply, and other necessary utilities at POP for TSP to operate smoothly. All the expenses will be borne by the TSP;

6. The overall passive ‘dark fibre’ distribution infrastructure, including fibre optic connections that will connect the POP to its local subscribers (residential and commercial/ industrial plots) shall be provided by AITL through MSI;

7. Till the validity of contract, AITL shall facilitate at all time, access to authorized TSP personnel for equipment installation and maintenance;

6.3 Master System Integrator

1. MSI shall lay end to end fibre optic infrastructure throughout the project site;

2. MSI shall undertake a detailed and comprehensive network architecture design validation of smart ICT components covering all the locations in Shendra, IT and physical infrastructure in line with the overall objective and requirements of the project. MSI shall identify the space required for setting up the network infrastructure at each of the location;

3. MSI shall coordinate and validate with the Client the detailed cable routing along with locations of joints, terminations etc.;

4. MSI to coordinate with EPC Contractor for all civil requirements and ensure all design requirements are met on-site;

5. MSI shall implement access control system at POP rooms and ACC facility;

6. MSI shall be responsible for all civil, electrical and communication works required for implementing Access Control at POP rooms and ACC.

7. MSI shall install Building Management System (BMS) at POP room for integrated monitoring, control and automation of multiple building components.

6.4 Engineering, Procurement, and Construction (EPC) Contractor

1. EPC Contractor shall provide end-to-end concrete encased trench with dedicated tray for fibre for the backbone fibre optic infrastructure for all RoWs except lesser than 30m. MSI to leverage this concrete encased trench for implementing its fibre optic infrastructure;

2. EPC Contractor to provide manholes and handholes at strategic locations for connectivity to field devices across backbone and distribution network. MSI to coordinate with EPC Contractor for the manhole and handhole locations, detailed design and access. MSI to provide handholes for within AITL plots and any additional required for field level connectivity;

7 Implementation Schedule

AITL shall handover the fibre optic infrastructure to the TSP upon signing of the contract and as per actual readiness of the infrastructure. It is expected that all the telecom services including voice, video, data shall be accessible for the citizens from day 1 they start residing. The TSP shall hence deliver all telecom services at the best possible price before the citizens come in and start living. TSP shall refer to the RFQ cum RFP for the Master System Integrator to understand implementation schedules for the Smart City ICT Components.