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Page 1 of 25 Bharat Sanchar Nigam Limited (A Government Enterprises) Expression of Interest (EOI) for deployment of Centralized VAS Provisioning System cum Consent Gateway (CVPS cum CG) in BSNL Network No. VAS-13/CVPS-2012 Date: 1 st May, 2013 1. Introduction: BSNL is currently operating its 2G & 3G Cellular Mobile services across the Nation except in Delhi & Mumbai. BSNL has base of more than 98 million (93 million in respect of GSM and 5 Million in respect of CDMA) mobile subscriber and about 20.8 Million fixed line subscriber. 1.1 BSNL hereby invites proposals from interested companies for deployment of Zonal Value Added Service Provisioning System cum Consent Gateway (CVPS cum CG) on cost per successful transaction basis. BSNL will not incur any Capex. The bidder has to provide required hardware & software, do installation, commissioning and subsequent Operation & Maintenance of the CVPS cum CG on 24X7X365 basis. 1.2 CVPS cum CG shall be capable to handle requests for subscription, renewal and deactivation of VAS to be received from BSNL customers. The CVPS cum CG shall be capable of effecting VAS provisioning, obtaining 2 nd consent from customer, providing response to customer query, update VAS profile of customers within it, trigger delivery of requested VAS and also for its charging by the billing system (Prepaid as well as Postpaid) through Service Deliver Platform (SDP) or directly, as decided by BSNL. 1.3 CVPS cum CG is a platform to facilitate on SMS/ USSD/ IVR/ OBD/ DATA bearers for followings: Easy opt-in and easy opt-out customer friendly tool to subscribers of BSNL for subscription, renewal & un-subscription/ deactivation of VAS. Obtaining 2 nd consent from the customer Any new VAS offer, which may be initially free for some period, shall not be made chargeable without the explicit consent of the customer. Customer requests are to be captured using short code (may be multiple short codes, each for different VASP) for SMS or USSD or IVRS or by browsing WEB/ WAP. Complete record of all requests with that of 2 nd consent will have to be preserved for a period of one year. Customer shall be informed well in advance, from the due date for renewal of any such service along with the charges for renewal through SMS. Clear options shall be provided to the customer on how to opt out of the renewals. PART- A 2. Eligibility Conditions: The Eligibility criteria for qualifying companies to participate in EOI shall be as below:

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Page 1: BHARAT SANCHAR NIGAM LIMITED · Page 3 of 25 3.6 Audited Annual Reports of the company for the last 3 financial years. 3.7 Turnover certificate from the company’s Auditors/ CA for

Page 1 of 25

Bharat Sanchar Nigam Limited (A Government Enterprises)

Expression of Interest (EOI) for deployment of Centralized VAS Provisioning System

cum Consent Gateway (CVPS cum CG) in BSNL Network

No. VAS-13/CVPS-2012 Date: 1st May, 2013

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

the Nation except in Delhi & Mumbai. BSNL has base of more than 98 million (93

million in respect of GSM and 5 Million in respect of CDMA) mobile subscriber and

about 20.8 Million fixed line subscriber.

1.1 BSNL hereby invites proposals from interested companies for deployment of Zonal

Value Added Service Provisioning System cum Consent Gateway (CVPS cum CG) on

cost per successful transaction basis. BSNL will not incur any Capex. The bidder has to

provide required hardware & software, do installation, commissioning and subsequent

Operation & Maintenance of the CVPS cum CG on 24X7X365 basis.

1.2 CVPS cum CG shall be capable to handle requests for subscription, renewal and

deactivation of VAS to be received from BSNL customers. The CVPS cum CG shall be

capable of effecting VAS provisioning, obtaining 2nd

consent from customer, providing

response to customer query, update VAS profile of customers within it, trigger delivery

of requested VAS and also for its charging by the billing system (Prepaid as well as

Postpaid) through Service Deliver Platform (SDP) or directly, as decided by BSNL.

1.3 CVPS cum CG is a platform to facilitate on SMS/ USSD/ IVR/ OBD/ DATA bearers for

followings:

Easy opt-in and easy opt-out customer friendly tool to subscribers of BSNL for

subscription, renewal & un-subscription/ deactivation of VAS.

Obtaining 2nd

consent from the customer

Any new VAS offer, which may be initially free for some period, shall not be made

chargeable without the explicit consent of the customer.

Customer requests are to be captured using short code (may be multiple short codes,

each for different VASP) for SMS or USSD or IVRS or by browsing WEB/ WAP.

Complete record of all requests with that of 2nd

consent will have to be preserved

for a period of one year.

Customer shall be informed well in advance, from the due date for renewal of any

such service along with the charges for renewal through SMS. Clear options shall

be provided to the customer on how to opt out of the renewals.

PART- A

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

EOI shall be as below:

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

Act, 1956.

2.2 The Bidder should have a minimum annual turnover (audited) of INR 15 (Fifteen) Crore

during the last 2 financial years out of last 3 financial years.

2.3 Bidder shall not be an existing VAS Partner of BSNL. In the event, an existing VAS

partner decides to participate in the present EOI, then it has to terminate all existing VAS

agreement(s) before submission of bid. Successful bidder will not be allowed to work as

VAS Partner of BSNL during currency of agreement signed on conclusion of this EOI.

Successful bidder has to ensure that there is no conflict of interests with any of existing

VAS Partner and shall work as a neutral agency on behalf of BSNL.

2.4 The bidder company shall have experience of successfully deploying at least one instance

of VAS provisioning, renewal and VAS activation/de-activation management platform

using Voice/IVR, SMS/USSD and Wap/Web as access medium to at least one Telecom

Operator having 10 million or more customer base anywhere in the world during last 3

years from the date of bid submission. Company will have to submit experience certificate

from the Telecom Operator to this effect.

2.5 The Bidder Company will have to deposit an Earnest Money Deposit (EMD) of INR 5

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

proposal.

2.6 The Bidder Company should not have substantial equity stake (10% or more), or vice

versa, in and of any Basic services/ Cellular services/ Internet services/ Unified Access

services/ National Long Distance services operating company(ies) in India or their

promoters. Even at a later date, if there is a substantial change in the ownership structure of

the company leading to the above mentioned types of companies/promoters getting more

than 10% stake, then BSNL reserves the right to terminate the contract.

2.7 The Bidder Company should not be a licensed service provider to provide Basic services/

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

India.

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

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

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

3.1 Copy of the Articles & Memorandum of Association.

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

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

3.3 Board’s resolution in favor of authorized signatory.

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

authorized signatory.

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

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3.6 Audited Annual Reports of the company for the last 3 financial years.

3.7 Turnover certificate from the company’s Auditors/ CA for the last 3 financial years

regarding turnover from mobile VAS as required under the eligibility conditions.

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

ANNEXURE-II).

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

for liasoning in this matter.

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

under the eligibility condition.

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

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

ANNEXURE-III.

4. Scope of Work:

4.1 The CVPS cum CG will be deployed on zonal basis i.e. independent system for each of the

four zones at the nodal center locations within the BSNL premises.

4.2 Successful bidder shall have to deploy separate system in BSNL premises at each of the

allotted Zones with active-active configuration in such a manner that one Zonal system is

able to take traffic/load of paired Zonal system within 24 Hrs in case of failure of anyone

system.

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

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

4.4 The period of contract will be for 40 (forty) months including 4 (four) months integration

period and will be extendable for next two years on year-to-year basis solely at the

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

scope of work to include BSNL’s other services apart from mobile services.

4.5 A detailed scope of work have been defined under ANNEXURE-I.

5. Clarifications of the EOI:

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

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

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

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

6. Submission of Proposals:

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

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

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

evaluation committee is able to easily locate them.

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

for rejection.

6.4 The commercial proposal (Financial bid Part-B) will have to be sealed in a separate

envelope but put in the main envelope containing the requisite documents & technical

proposal. Also all the paper of the bid should be signed by the authorized signatory.

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

6.6 The cover envelope shall bear “EOI for Deployment of Centralised VAS Provisioning

System cum Consent Gateway”.

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

address up to 1400 hours on 29.5.2013:

Dy. Manager (VAS-III)

W.S. No. 2066

Second Floor, Bharat Sanchar Bhawan,

Janpath, New Delhi – 110001

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

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

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

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

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

elsewhere.

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

time will not be opened or considered. BSNL, at its discretion, may extend the deadline for

the submission of the Proposals.

6.11 BSNL, at its discretion, may extend the deadline for submission of proposals.

7. Opening of Proposals:

7.1 The BSNL shall open TECHNICAL PRPOSALS at 1500 hours on 29.5.2013 in the

presence of authorized representatives from participating firms, who chose to attend. The

date fixed for opening of Proposals, if subsequently declared as holiday by the BSNL, the

proposals will be opened on the next working day, time and venue remaining unaltered.

7.2 The financial Proposals of eligible Firms shall be opened later and eligible Firms will be

informed in due course about the date & time of the same.

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BSNL reserves right to accept or reject any or all proposal (s) prior to award of contract

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

affected bidder (s) on the ground of BSNL’s action.

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

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

its proposal.

8. Evaluation of The Proposals:

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

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

bid should be mentioned clearly in the index so that evaluation committee is able to easily

locate them.

8.2 The Companies may also be asked to give presentations in respect of the technical

details/proposal.

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

establishment of technical eligibility and compliance.

8.4 The bidders shall then be short-listed on the basis of lowest financial bid as per the

financial quotes submitted by the bidders, the L-1 , L-2 ,L-3 upto Ln will be designated.

The L-1 Bidder may be called for negotiations, if need be. The BSNL reserves the right to

counter offer any price.

8.5 The work will be awarded to 2 (two) CVPS cum CG providers, each catering to a group of

two zones. North & East zones will form one Group and South & West zones will form

another group for this purpose. The successful L1 bidder will have option to choose the

one of the Groups having two zones. The remaining group of zones will be offered to the

successful L2 bidder at L1 price. In case, the L2 bidder refuses, these zones will be offered

to the successful L3 bidder at L1 price and the process would be continued till the last

successful bidder. In case, none of the bidders accepts, the successful L1 bidder will have

to accept these two zones also, i.e. the L1 bidder will have to accept all four zones, in such

an eventuality.

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

forfeited. However, the EMD of all other bidders L-2 till L-n will be refunded, even in the

case of them not accepting the L-1 rates.

9. Advance Work Order and PBG:

9.1 The issue of advance work order shall constitute the intention of BSNL to award the

contract on the successful bidder. BSNL reserves the right to forfeit bid security and also

black list the firm for suitable period, in case the firm fails to honor the proposal without

sufficient grounds.

9.2 The successful bidder shall within 14 days of issue of an advance work order give his

acceptance and sign an agreement.

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9.3 Successful bidder has to submit a Performance Bank Guarantee (in the proforma enclosed

at Annexure-IV) of INR 20 Lakhs within 15 days of signing of agreement. The

Performance Bank Guarantee should be valid for 24 months initially and will be

extendable/ replenished on year to year basis. PBG will be forfeited in case of not meeting

the performance parameters/obligations mentioned in this EOI.

9.4 Successful bidder has to renew the validity period of Performance Bank Guarantee on year

to year basis on or at least 6 month before the expiry of validity of Performance Bank

Guarantee during the agreement period. If the PBG is not renewed on due date the amount

equivalent to PBG will be adjusted from the invoices against the payment due to successful

bidder.

10 General Conditions:

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

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

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

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

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

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

its proposal

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

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

11 Delivery of Service:

11.1 Successful bidder shall establish CVPS cum CG and start rendering service to BSNL

within 4 months from the date of award of work. This shall include time for supply of

hardware, software, installation, commissioning and User Testing by BSNL.

11.2 Successful bidder will propose the test schedule within 2 weeks of issue of award of work

for testing of functional requirement of the CVPS cum CG including verification of

various reports generated by it. This test schedule shall be examined by BSNL and

finalized within 2 weeks of receipt of the same to make it as a reference document for

testing.

11.3 The successful bidder shall arrange to provide necessary tools & support to carry out these

tests. The system should be offered for functional test not later than 4 weeks prior to the

date of CVPS cum CG commissioning as detailed at 11.1.

12 Training to BSNL Staff:

12.1 The successful bidder shall provide training to BSNL personnel associated with the scope

of work along with a comprehensive write-up for using the application and common

trouble-shooting. These personnel will include but may not be limited to the System

Administrator, Super-Users, Sub-Users /Clients etc. Minimum of 50 mandays in each

zone of training has to be provided.

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

months to BSNL staff/ Call center agent(s).

13 Payment to Successful bidder:

13.1 The bill/ invoice will be verified by the Zonal Incharge based on successful transactions.

Successful transaction is defined as "Multiple interactions/ sessions/ transactions resulting

into a successful activation/ subscription or a renewal or a deactivation of VAS will be

treated as one successful transaction for the purpose of payment."

13.2 Also, no separate commercials will be paid by BSNL for any point defined in the scope of

work, however, the successful bidder will have to comply to all the point as defined in the

scope of work.

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

13.4 Successful bidder shall submit the zone wise bill to the Zonal In-charge who may be DET

(VAS) or any officer as nominated by the GM (CMTS), Nodal Centre]. The Zonal In-

charge shall verify the bill based on successful transactions, within seven day and CMTS

Nodal Centre shall then release the payment to VASP within the next 15 days.

14 Penalty :

14.1 If the commissioning gets delayed beyond the prescribed period (4 months) without prior

consent of BSNL or for reasons not attributable to BSNL, BSNL reserves the right to

terminate the agreement and/or recover liquidated damage charges @ Rs. 50, 000 per week

for first 10 weeks and Rs.75,000 per week for next 10 weeks. No further extension will be

given after 20 weeks.

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

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

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

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

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

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

BSNL.

14.3 In case of non-availability of service for a period of 15 days, BSNL may make alternate

arrangement at the risk & cost of successful bidder along with 10% mark up to compensate

for administrative cost. With due notice to the successful bidder, BSNL may sign

agreement for balance contract period with any other suitable company at the terms and

conditions which makes availability of the services at the earliest. In this process if BSNL

has to pay some additional payout, the difference of actual payout and in quoted rate for

the balance contract period will be recovered from the successful bidder.

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

verify such complaints and if found to be correct, the successful bidder will be levied a

penalty amounting to 20 times the End User Price (EUP) of the VAS activated forcefully.

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14.5 In the event, wherein more than 1500 forced activation complaints are received in a

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

black list the bidder.

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

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

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

in accordance with the clauses 14.1 to 14.5 above.

15 Quality of Service:

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

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

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

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

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

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

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

b) Maintaining the performance and quality of service standards.

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

shall not exceed 120 seconds.

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

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

i) 90% of faults reported by subscribers should be rectified within 24 hours and 99%

within three Calendar days.

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

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

whatever form desired.

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

within 24 hours.

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

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

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

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

15.4 In any event the response time shall not be more than 90 seconds using IVRS, SMS,

USSD, Web/WAP bearers for inter element communication.

16 Security and Lawful Interception for Value Added Service:

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

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

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

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

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

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

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

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

May,

2008 VAS Provider shall provision for lawful interception for VAS which are being

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

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

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

17 Suspension, Revocation or Termination of agreement:

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

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

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

aforesaid action.

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

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

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

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

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

may be pointed out by BSNL.

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

authority.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

18 Dispute Settlement:

18.1 In the event of any question, dispute or difference arising under this agreement or in

connection there-with (except as to the matters, the decision to which is specifically

provided under this agreement), the same shall be referred to the sole arbitration of the

CMD, BSNL, New Delhi or in case his designation is changed or his office is abolished,

then in such cases to the sole arbitration of the officer for the time being entrusted (whether

in addition to his own duties or otherwise) with the functions of the CMD, BSNL or by

whatever designation such an officer may be called (hereinafter referred to as the said

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officer), and if the CMD, BSNL or the said officer is unable or unwilling to act as such,

then to the sole arbitration of some other person appointed by the CMD, BSNL or the said

officer. The agreement to appoint an arbitrator will be in accordance with the Arbitration

and Conciliation Act 1996.

There will be no objection to any such appointment on the ground that the arbitrator is a

BSNL Servant or that he has to deal with the matter to which the agreement relates or that

in the course of his duties as a BSNL servant he has expressed his views on all or any of

the matters in dispute. The award of the arbitrator shall be final and binding on both the

parties to the agreement. In the event of such an arbitrator to whom the matter is originally

referred, being transferred or vacating his office or being unable to act for any reason

whatsoever, the CMD, BSNL or the said officer shall appoint another person to act as an

arbitrator in accordance with terms of the agreement and the person so appointed shall be

entitled to proceed from the stage at which it was left out by his predecessors.

The arbitrator may from time to time with the consent of both the parties enlarge the time

frame for making and publishing the award. Subject to the aforesaid, Arbitration and

Conciliation Act, 1996 and the rules made there under, any modification thereof for the

time being in force shall be deemed to apply to the arbitration proceeding under this

clause.

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

or such other places as the arbitrator may decide.

18.3 During the arbitration period, the successful bidder shall be required to continue providing services for a suitable period of time and shall extend all support for smooth transitioning of services to the company providing alternate arrangements.

19 Force- Majeure:

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

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

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

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

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

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

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

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

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

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

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

event comes to an end or ceases to exist. The decision of BSNL as to whether the service

may be so resumed (and the time frame within which the service may be resumed) or not,

shall be final and conclusive. However, the Force-majeure events noted above will not in

any way cause extension in the period of the agreement.

20 Set Off:

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

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

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

Agreement made by Successful bidder with BSNL.

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21 Indemnification:

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

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

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

arising from or relating to:

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

governmental body, agency, telecommunications operator or regulator applicable to

such party;

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

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

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

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

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

Successful bidder.

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

the Land where Successful bidder is located.

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

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Financial Bid (Part- B)

PRICE SCHEDULE

Sir,

I have gone through the EOI document and have understood them. I hereby quote

Rs…….Paise……….per successful transaction (in words Rupees……….and Paise…….….per

successful transaction.

Note:

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

as may be applicable during period of contract.

2. The quoted cost of content to be mentioned in Figures as well as words. In case of

variation between rate mentioned in figures & words, the amount in words shall prevail.

(Signature of Authorised Signatory)

Name…………………………….

Official Seal

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Annexure-I

Scope of the Work

1 General:

1.1 The Successful bidder shall provide all services that are mentioned as part of this scope of

work, which comprises of activities mentioned herein, which are indicative in nature but

not exhaustive.

1.2 The conditions of contract in this Annexure shall supplement the conditions contained in

the EOI document and wherever there is a conflict, the provisions herein shall prevail over

those conditions mentioned elsewhere.

1.3 The successful bidder shall be responsible for providing, installation, commissioning and

subsequent Operation & Maintenance of the Zonal VAS provisioning System (CVPS cum

CG)/ infrastructure on 24X7X365 basis by a dedicated team. The operations and

maintenance activity would include regular monitoring & updation of the services and

features based on market scenario /trends, as per customers’ tastes & preferences and/or as

required by statutory authorities / BSNL from time to time.

1.4 Services through CVPS cum CG platform are to be made available both for existing as

well as future customers of BSNL

1.5 BSNL is currently operating its Cellular Mobile services (GSM & CDMA based) and

wireline services across the Nation except in Delhi & Mumbai and has a subscriber base of

more than 96.49 Million. Zone wise subscriber are as follows:

S.

No.

Zone &its

Nodal

Center

Location

Circles Number of

Mobile

Subscribers

(In Million)

Tentative

Number of

transaction

per month

(In Million)

1. East

Kolkata

Assam , Bihar including

Jharkhand , Kolkata Metro

,Orissa, West Bengal

including A&N, North East

(NE-I including NE-II)

18.80 6.88

2. West

Pune

Gujarat, Maharashtra,

Madhya Pradesh &

Chhattisgarh

15.14 2.47

3. North

Chandigarh

Haryana, Himachal Pradesh,

, Jammu & Kashmir ,Punjab,

Rajasthan, UP (East), UP

(West) & Uttarakhand

30.25 17.5

4. South

Trichy

Andhra Pradesh, Karnataka,

Kerala, Tamil Nadu &

Chennai

32.30 3.3

Total 96.49 30.15

.

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2. Technical requirements:

2.1. The CVPS cum CG will be used for provisioning, renewal and activation/de-activation

of subscription based VAS services as well as all Pull based VAS services of BSNL. The

BSNL customers will have the choice to manage their VAS subscriptions by conveying

their request to CVPS cum CG over a series of bearers namely IVR, USSD, WEB / WAP

and SMS. The CVPS cum CG shall seek 2nd

consent from customer preferably over the

same bearer. Further after getting consent from the subscriber, the CVPS cum CG will

ask the concerned VASP for the provision of service. The CVPS cum CG shall have to

cater successfully to all these bearers which would require, inter-alia, the provision for

Out bound dialing in form of interactive IVR sessions, the provision for initiation and

capturing of requests through USSD gateway sessions, provision for hosting the web site

and capturing the requests coming through web/WAP and provision for capturing the

requests through SMS-MO et al.

2.2. The CVPS cum CG system shall be modular in architecture and shall consist of

components including but not limited to Subscription system, Messaging Gateway, VAS

rating engine, VAS Portal, Product & catalogue management, Voice OBD system,

Management Information & Reporting System.

2.3. The CVPS cum CG system shall also have the following key capabilities:

a. Taking 2nd

consent for all VAS service activation request via all channels i.e. voice,

SMS, USSD, Web/ WAP.

b. Shall be connected to the SDP and/ or the individual VASPs for the 2nd

consent

process

c. Shall update VAS profile of customers within it, trigger the concerned VAS

Provider system for delivery of requested VAS and also decide the applicable

charges. It shall get response from the billing system (Prepaid as well as Postpaid)

through Service Deliver Platform (SDP) or directly, as decided by BSNL regarding

successful charging.

d. Shall connect to the external entities on standard interfaces like SS7, SMPP, HTTP,

e. CG shall connect to the customer care interface for reports or seraching a particular

MSISDN for his/ her consent logs

2.4. Brief outline of the process is as giveb below:-

(a). Provisioning

The request for any type of VAS should invariably come to CVPS cum CG system in the

form of customer initiated SMS, USSD, Web/Wap session or may be in the form of

response to outbound IVR / response to promotional USSD session / response to web

promotion / response to WAP promotion, which in turn would store the provisioning

request and initiate the action for second consent. After getting the 2nd

consent,

provisioning of this VAS will be ensured by conveying the appropriate commands to the

concerned SDP system(s)/ provisioning system. On receiving the confirmation message

from the VASP system/ SDP system(s)/ provisioning system about the delivery of the

concerned VAS, the CVPS cum CG shall map the same against each of the provisioning

request received for such VAS.

(b). Renewal

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(i). Over SMS: CVPS cum CG system will send alert in advance, period as decided by

BSNL, to the concerned customer. Based on customer's response, the CVPS cum CG

will initiate the action for renewal of service by triggering VASP system, Charging

system etc. and will also update its database/ log management module/ MIS etc.

(ii). Over USSD: CVPS cum CG system will send alert in advance, period as decided by

BSNL, to the concerned customer. Based on customer's response, the CVPS cum CG

will initiate the action for renewal of service by triggering VASP system, Charging

system etc. and will also update its database/ log management module/ MIS etc. In

addition, renewal request may also come from the customer to the code allotted to

VASPs. The USSD sessions to this short code would be catered by CVPS cum CG,

which in turn would send a list VAS services, the customer is subscribing to along with

their last date in a serial order fashion. The customer would be prompted to send the

serial number of the VAS service, he/she wishes to renew. On receiving the renewal

serial number during the USSD session, the CVPS cum CG will store the renewal

request and initiate the action for renewal of services by conveying the appropriate

commands to the SDP system (s) / provisioning system.

(iii). Over WEB/ WAP : A common URL would be provided by BSNL, which would be

used by BSNL customers to check their VAS subscriptions as well as to register their

renewal requests. The hosting of this site would be done by VASP only. A hyperlink to

this site would be provided on the corporate and or other sites as per the requirements of

BSNL. The customer would be asked to provide his/her MSISDN. A one time password

(OTP) would be sent to the customer in form of 6 random numeric digits as an SMS to

this MSISDN. The customer would be asked to furnish this OTP on WEB/WAP. On

successful confirmation by CVPS cum CG, the list of services currently subscribed by

the customer along with their last date would be displayed. The customer would be able

to tick / check the services he/she wishes to renew. Such requests would then be

entertained by the CVPS cum CG, which in turn will store the renewal request and

initiate the action for renewal of services by conveying the appropriate commands to the

SDP system (s) / provisioning system.

(iv). Over IVRS : This process will be applicable for new provisioning as well as for

renewals. Customer will call on a short code, may be of the Call Center access number.

Customer VAS database maintained in the CVPS cum CG will be pushed to the Call

Center at regular intervals. Using such database, IVRS of the Call Center will interact

with the customer to get his/ her option/ request for a VAS and then forward the same to

the CVPS cum CG for 2nd

consent. After getting the 2nd

consent, provisioning of this

VAS will be ensured by CVPS cum CG by conveying the appropriate commands to the

concerned SDP system(s)/ provisioning system. On receiving the confirmation message

from the VASP system/ SDP system(s)/ provisioning system about the delivery of the

concerned VAS, the CVPS cum CG shall map & store the same against each of the

provisioning request received for such VAS.

(c). De-Provisioning

(i). Over SMS: A common short code for SMS would be provided to customer for de-

provisioning of VAS services. The customer would send a ’STOP’ or a blank SMS to

this short code, which would be routed to the CVPS cum CG. The CVPS cum CG, in

turn would send an SMS to the customer providing a list of VAS services, the customer

is subscribing to along with their last date in a serial order fashion. The customer would

be prompted to send an SMS detailing the serial number and or the name of the VAS

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service, he/she wishes to de-provision. On receiving the de-provisioning SMS, the CVPS

cum CG will store the request and initiate the action for de-provisioning of services by

conveying the appropriate commands to the concerned SDP system(s)/ provisioning

system.

(ii). Over USSD : A common short code for USSD would be provided to customer for

de-provisioning of VAS. The customer would initiate an USSD session by sending

*<USSD short code> #. The USSD sessions to this short code would be catered by

CVPS, which in turn would send a list VAS services, the customer is subscribing to

along with their last date in a serial order fashion. The customer would be prompted to

send the serial number of the VAS service, he/she wishes to de-provision. On receiving

the de-provision serial number during the USSD session, the CVPS will store the de-

provisioning request and initiate the action for de-provisioning of services by conveying

the appropriate commands to the concerned SDP system(s) / provisioning system.

(iii). Over WEB/ WAP : A common URL would be provided by BSNL, which would be

used by BSNL customers to check their VAS subscriptions as well as to register their de-

provisioning requests. The hosting of this site would be done by successful bidder only.

A hyperlink to this site would be provided on the corporate and or other sites as per the

requirements of BSNL. The customer would be asked to provide his/her MSISDN. A one

time password (OTP) would be sent to the customer in form of 6 random numeric digits

as an SMS to this MSISDN. The customer would be asked to furnish this OTP on

WEB/WAP. On successful confirmation by CVPS, the list of services currently

subscribed by the customer along with their last date would be displayed. The customer

would be able to tick / check the services he/she wishes to renew. Such requests would

then be entertained by the CVPS, which in turn will store the de-provisioning request and

initiate the action for de-provisioning of services by conveying the appropriate

commands to the SDP system/ provisioning system.

(iv). Over IVRS: A common short code would be provided to BSNL customers,

preferably the Call Center Access number. Customer VAS database maintained in the

CVPS cum CG will be pushed to the Call Center at regular intervals. Using such

database, IVRS of the Call Center will interact with the customer to get his/ her option/

request for a VAS and then forward the same to the CVPS for de-activation by

conveying the appropriate commands to the concerned SDP system(s)/ VAS

provisioning system/ billing system. On receiving the confirmation message from the

VASP system/ SDP system(s)/ provisioning system, the CVPS cum CG shall update its

database accordingly.

2.5. As regard to the Pull based VAS, being a one time activity, no renewal / de-provisioning

process is envisaged. However, as for provisioning, request will invariably come to

CVPS cum CG system, which in turn would store the provisioning request and ensure

required execution of the request. On receiving the confirmation message from the

concerned SDP system (s) / provisioning systems about the delivery of the one time

VAS, the CVPS cum CG shall map the same against each of the provisioning request

received for such VAS so as to rule out any possibility of MT based charging of any

customer without his/her request for the same being available at CVPS cum CG.

2.6. The CVPS cum CG shall keep VAS profile of all the Wireline as well as wireless

customers of BSNL. The VAS profile will comprise of all the VAS subscriptions as well

as Pull based VAS used by the customer within last one year. At the time of

commissioning of the CVPS cum CG in a zone, the successful bidder will be provided

the current VAS profile of the customer base of BSNL. The same would have to be used

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by the successful bidder and would need to be updated on regular basis, as per the VAS

usage by individual customers.

2.7. The CVPS cum CG shall have the necessary business intelligence so as to preemptively

initiate actions such as identifying and notifying of customers, whose VAS subscriptions

are due or over, identification and taking appropriate actions based on business logic as

defined by BSNL from time to time based on market / industry trends. Some of the

common Business Intelligence related activities would include out are not limited to

Periodic: Subscription renewal at defined interval in days, Daily: Daily renewal of

subscription, Try & Buy: Trial product at discounted/zero price and renewal post trial

period at regular price. Subscriber Opt-in option , Combo : Multiple linked subscriptions

, Event based : Calendar driven subscription renewal based on event schedules like

Cricket, Football, IPL etc. ,Usage Based : Subscription Top up if required post

consumption of allowed content usage during subscription cycle, BSNL Tune :

Subscriptions for BSNL tunes, RBT, CRBT, Name Tunes, Dedication, Gifting etc.,

Counter based: Subscription Charging based on content usage counter. Alternate

downloads to be charged, Charging at different rates based on number of downloads etc.

2.8. The CVPS cum CG application software shall be able to provide secure access to the

authorized officials of BSNL to query and view the information and reports, as

customized by BSNL officials.

2.9. The bidder shall have necessary operational support agreement with the relevant OEMs

during the complete period of the contract including the warranty and AMC period.

2.10. The application shall have provision for creation of System Administrator, who will be

the overall in-charge of the CVPS cum CG platform and will be responsible for day

today operation and maintenance including creation of super users, backup etc.

2.11. In turn, super users shall be authorized to create the sub users with permissions to view

the reports of a particular circle or a group of circles or of all circles. Also, Super users

will have full rights to create, modify or delete sub user info like name, address, contact

details, rights etc.

2.12. The system should have a capacity to cater to over five hundred users with over fifty

concurrent users (i.e. users logged on to the system simultaneously).

2.13. Complete activity log with time stamp of the super user/ other users shall be maintained

by the application and it should not be editable or un-authorizedly deleted.

2.14. The CVPS cum CG shall provide an efficient software framework based on Services

Oriented Architectures (SOA). It shall provide BSNL with a flexible integration

framework for integration.

2.15. The system shall provide a cost-effective and scalable platform for BSNL to deliver its

current as well as future requirements.

2.16. System shall not store any transaction data on the client systems.

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2.17. The CVPS cum CG application should have provision for restricting single session for a

single set of user name and password. Multiple concurrent sessions using the same

username and password should not be allowed.

2.18. Officials /Users must be forced to change the password every 15/30 days to ensure

security of the system. System should not allow officials to repeat past three passwords.

2.19. In case an official/Users forgets the password, only the super user must have the

privilege to reset the password to a new system generated password. The system

generated password can be mailed to the user.

2.20. The Officials/User logging in the system with the system generated password must be

forced to change the password with a new one immediately.

2.21. System should be flexible enough to enable the BSNL to generate customized reports as

per its requirements.

2.22. The system should provide a user friendly do-it-yourself kind database query generation

facility using which the Officers themselves can fetch the desired info.

2.23. System should have facility of presenting an intuitive dashboard to the officials with

relevant information fetched from CVPS cum CG when they log in to the system.

3. Integration:

3.1. The CVPS cum CG will primarily be integrated with following nodes as given below:

(i). SMSC – Over SMPP or SS7 / SIGTRAN.

(ii). Signaling Cloud of BSNL – over standard SS7 / SIGTRAN

(iii). WAP Gateway – over standard interfaces

(iv). WEB – over secure IPSec over public data domain / BSNLs MPLS network .

(v). Inbound / Oubound Dialing – over/to E1/PRI extended from MSC/MGW/

Landline switches/TAX/NGN of circles from/to within specified zone.

(vi). SDP system – over standard interfaces.

(vii). VAS provisioning system specifically for BSNL tune, missed call alerts etc.

(viii). BSNL Call centre- over E1/PRI.

(ix). All VAS provider of BSNL on SMS/Data/IVR/USSD bearer.

(ix) Any other system mandated by Regulator/licensor.

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3.2. It may be noted that based on BSNL’s requirements that may arise subsequently due to

operational / regulatory needs, the successful bidder will have to integrate other

identified nodes also so as to meet the emerging requirements, without any additional

cost to BSNL.

3.3. The Successful bidder shall provide the requisite Network Security infrastructure

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

Systems. .

3.4. The Successful bidder will provide a GUI at Call Centres of BSNL for viewing the VAS

related customer data stored in CVPS cum CG platform. The same can be used for

provisioning / renewal /de provisioning of the services as per request of the customer.

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

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

commissioning the CVPS cum CG service.

3.6. BSNL shall provide bandwidth as per the requirement for interconnecting CVPS cum

CG Platform with other network elements.

4. Scalability:

4.1. The proposed platform shall be IPV6 compliant.

4.2. Platform shall be robust, highly available, & horizontally and vertically scalable.

4.3. Sophisticated capacity utilization based on priority, customer class, pack expiry,

throughput availability etc.

4.4. Increased predictability of system behavior & hence the service uptime shall not be

lower than 99.9%.

5. GUI Portal:

5.1. Should provide web based Customer care interface for issue resolutions.

5.2. The platform shall support operation and maintenance connections via web interface.

5.3. The platform shall support a user friendly GUI for customer care to help them in

resolving the customer complaints immediately.

5.4. The platform should have WEB based reporting tools (for restricted user) which should

generate, distribute and manage a report.

5.5. The platform should support manual report and periodical report/graphical and textual

reports.

6. Reports:

6.1. The platform should be capable to generate reports in .xls, .csv, pdf format et al over

mail.

6.2. Increased visibility into platform usage via reports, formats of reports shall be as per

BSNL requirement from time to time.

6.3. The platform should support at least following reports:

6.2.1. TPS usage report

6.2.2. Utilization report

6.2.3. Traffic Utilization per interface

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6.2.4. Consent Reports VASP wise/servicewise

6.2.5. Service wise and system wise average and peak TPS.

6.2.6. Total number of activations received per service per circle.

6.2.7. Total successful requests per service per circle.

6.2.8. Service and subscriber trend analysis

6.2.9. Consolidated monthly/daily & hourly reports with delivery time and submit times

6.2.10. Resource Utilization reports by hour/day

6.2.11. VAS specific subscription reports: churn, growth, trend

6.2.12. Any other report as per BSNL requirement.

7. Reconciliation:

7.1. The system will be customized to enable reconciliation for transactions between CVPS

cum CG and that of different VAS nodes or IN/ billing systems. The reconciliation will

be transaction wise, amount wise, circle wise. The reconciliation will be done on daily

basis. The reports for the Reconciliation will be provided to BSNL daily, weekly and on

monthly basis.

7.2. All errors found during the reconciliation process will be settled by the Solution provider

as per BSNL’s decision within 24 hours of their detection. In-depth analysis for each

error found, will be done and corrective action taken by the Solution provider in

consultation with BSNL.

8. Hardware and Software:

The successful bidder shall install the necessary Hardware/software duly signed by OEM

of the product being offered in BSNL premises to meet the requirement i.e. installation

of CVPS cum CG platform.

9. Backup, Failure and Recovery

9.1. Online backup of the system.

9.2. An automated backup system shall be provided.

9.3. System shall be fully recoverable from the backup files, if any failure occurs.

10. Audit & Logs

10.1. BSNL reserve right to get raw data /transaction logs of all actionable events near online

in its server/system for the purpose of exercising check on forced VAS activations /

renewals/deactivation and also to ensure non-discriminatory treatment of VASP(s)

connected to the system.

10.2. Audit trail of all actionable events: all action that require creating, deleting, updating and

retrieving shall be trailed and captured by the system.

10.3. The internal loggings of the various modules and libraries have different levels Like :

Standard, Debug , Events ,Traffic , Input / Output ,Errors etc.

10.4. All of these logs are stored in the local storage of the server. These logs can be enabled

or disabled online.

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10.5. Reports shall be preserved in the system online for at least one year period. Complete

data older than one year shall be maintained in the back up media in easy renewable

form.

11. Fault & Alarm Management

11.1. All processes and functions of the Platform shall generate alarms when errors

occur.

11.2. The Platform shall support different alarm classes: Critical, Major, Minor, Warning and

clear.

11.3. The platform shall provide a web-based GUI (interface) to carry our fault and alarm

management activities - For monitoring, sending alarm notifications etc via sms, email

etc.

11.4. All alarm parameters shall be configurable.

11.5. The platform shall raise alarms when any fault condition occurs which could affect

system or service performance.

11.6. The platform shall raise alarms when any fault condition occurs which could affect

system or service performance.

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ANNEXURE -II

FORMAT OF THE NON-DISCLOSURE UNDERTAKING

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

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

registered office at_________________________________ acting through Shri

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

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

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

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

mode to any one.

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

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

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

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

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

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

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

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

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

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

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

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

aforesaid conditions.

Signed on behalf of M/s _____________________________ by Shri ________________ (Name

and Designation) authorized signatory.

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ANNEXURE -III

UNDERTAKING

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

1956, having registered office at ___________________________ do hereby undertake and

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

Basic Services

Cellular Services

Internet Services

Unified Access Services

National Long Distance Services

operating company(ies) in India.

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

Designation) authorized signatory (with company stamp).

UNDERTAKING

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

1956, having registered office at ___________________________ do hereby undertake and

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

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

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

Designation) authorized signatory (with company stamp).

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ANNEXURE-IV

PROFORMA FOR BANK GUARANTEE

To,

BHARAT SANCHAR NIGAM LIMITED

Bharat Sanchar Bhawan, Harish Chandra Mathur Lane,

Janpath, New Delhi-110001

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

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

------- (hereinafter called ‘-------’) regarding provision of the SMS/GPRS based Value Added

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

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

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

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

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

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

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

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

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

agreement to the satisfaction of the BSNL.

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

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

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

give a fresh guarantee in lieu of the existing one.

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

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

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

the said agreement.

4. We, the Bank hereby also undertake to pay the amounts due and payable under this

guarantee without any demur, merely on a demand from the BSNL stating that the amount

claimed is due by reason of breach by the said M/s -------- of any of the terms & conditions

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

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

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

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

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

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

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

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

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

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

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

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

(b) The BSNL shall have the fullest liberty without our consent and without affecting in

any manner our obligations hereunder to vary any of the terms and conditions of the

said agreement or to extend time of performance of any obligations by the said M/s ----

-- from time to time or to postpone for any time or from time to time any of the powers

exercisable by the BSNL against the said M/s ------- and to forbear or to enforce any of

the terms and conditions relating to the said agreement and we shall not be relieved

from our liability by reason of any variation or extension being granted to the said M/s

------- or forbearance act or omission on the part of the BSNL or any indulgence by the

BSNL to the said M/s ----------- or to give such matter or thing whatsoever which

under the law relating to sureties would but for this provision, have effect of so

relieving us.

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

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

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

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

of us hereunder remains owing and outstanding.

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

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

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

previous consent of the BSNL in writing.

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

restricted to Rupees 20 Lakhs only and our Guarantee shall remain in force until 24 (Twenty

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

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

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

Dated _________ day of ____, 2013 at _________

(Signed by the authorized signatory of the Bank)

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

telephone numbers of the concerned Bank Official)

In the presence of Witnesses:

1. Signature 2. Signature

Name Name

Occupation Occupation

Address Address

Place Place