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BHARAT SANCHAR NIGAM LIMITED(A Government of India Enterprise)

2nd Floor, Bharat Sanchar Bhawan, HC Mathur Lane,Janpath, New Delhi- 110001

Sub: Tender document for Supply, Installation, Commissioning, Integration, Operation &Maintenance (O&M) and Annual Maintenance Contract (AMC) for Interactive Voice Response System (IVRS) and Contact Centre Platform Solution (CCPS), with replacement of existing IVRS systems installed in CDR Project-I and CDR Project-II of BSNL (ensuring no interruption in IVRS services), on turnkey basis.

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

Table No: 1

S. No.

Section/Annexure

Item Page No.

1. Section 1 Detailed Notice Inviting Tender(DNIT) 22. Section 2 Tender Information 63. Section 3 Part A Scope of work 84. Section 3 Part B Technical Specifications of the Integrated Voice Response

System (IVRS) & Contact Centre Platform Solution (CCPS)15

5. Section 3 Part C Schedule of Requirement (SOR) 446. Section 4 Part A General Instructions to Bidders(GIB) 577. Section 4 Part B Special Instructions to Bidders(SIB) 788. Section 4 Part C E-tendering Instructions to Bidders 809. Section 5 Part A General (Commercial) Conditions of Contract (GCC) 8510. Section 5 Part B Special (Commercial) Conditions of Contract (SCC) 9911. Section 5 Part C General Conditions of AMC 11812. Section 6 Undertaking & declaration 13313. Section 7 Proforma (s) 13514. Section 8 Bidder’s profile & Questionnaire. 15315. Section 9 Bid Form & Price Schedule 15516. Section 10 Security Agreement 175

If interested, kindly submit your offers by means of online bids only through Electronic Tendering at the portal detailed in ‘Special Instructions to Bidders for E-Tendering’ before 11:30 hours of …../…../2018.

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

FAX 011-2371 0198E-Mail: ……………………..

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

SECTION-1 of 359

___________________________________________________________________________Tender for Deployment of Interactive Voice Response System (IVRS) and Contact Centre Platform

Solution (CCPS)

NOTICE INVITING TENDER

1. On behalf of Chairman and Managing Director Bharat Sanchar Nigam Limited, digitally sealed online tenders, on rupee payment basis, are invited in Single Stage Bidding and two stage Opening using two Electronic Envelops (Techno-commercial bid & Financial bid) from experienced & eligible bidders for Supply, Installation, Commissioning, Integration, Operation & Maintenance (O&M) and Annual Maintenance Contract (AMC) of IVRS and Contact Centre Platform Solution (CCPS), with replacement of existing IVRS systems installed in CDR Project-I and CDR Project-II of BSNL (ensuring no interruption in IVRS services), on turnkey basis.

S. No.

Name of the Item/ Work Bid Security / Earnest Money Deposit Amount for the Tender

1

Supply, Installation, Commissioning, Integration, Operation &Maintenance (O&M) and Annual Maintenance Contract (AMC) of IVRS and Contact Centre Platform Solution (CCPS), with replacement of existing IVRS systems installed in CDR Project-I and CDR Project-II of BSNL (ensuring no interruption in IVRS services), on turnkey basis along with warranty period of 1 year and AMC of 7 years

EMD will be Rs. 1.25 Crs.

Note: The quantity/no./Sites of various items stated in the tender document are estimated quantity and BSNL reserves the right to vary the quantity to the extent of -25 % to +25 % of specified quantity at the time of award of the contract i.e. APO without any change in unit price or other terms & conditions. In exceptional situation where the requirement is of an emergent nature & it is necessary to ensure continued supplies from the existing vendors, the BSNL reserves the right to place repeat order up to 50% of the quantities of services contained in the running tender.

2. Purchase of Tender Document:

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

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

i. Tender fee for INR 9440/- (INR Nine Thousand Four Hundred and Forty only inclusive of taxes), which shall be non-refundable in the form of demand draft, drawn on any scheduled bank in favour of ‘Accounts Officer (Cash), BSNL Corporate Office, New Delhi” and payable at “New Delhi” along with NDA (Non-Disclosure Agreement) on a non-judicial stamp paper of Rs 100/- duly signed and stamped by the bidder.

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

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Tender for Deployment of Interactive Voice Response System (IVRS) and Contact Centre Platform Solution (CCPS)

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

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

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

4. Eligibility Criteria-

In order to be eligible to bid for the Integrated Voice Response System (IVRS) and Contact Centre Platform Solution (CCPS) the Bidder shall fulfill the following eligibility Criteria.

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

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

4.3 The Bidder or its parent company shall be OEM of Integrated Voice Response System (IVRS) and Contact Centre Platform Solution (CCPS) and should have deployed minimum five IVRS & CCPS projects for TSP with aggregate 10,000 ports for IVRS Inbound & Outbound services in India or abroad and at least one of the deployment shall be in India with minimum 1000 ports. Client certificate in this regard shall be submitted along with contact details i.e. name of the contact persons, postal address, official Email, Tel number.

4.4 If the bidder is not meeting the experience criterion as at Para 4.3 above, then the bid can be submitted through legally bound consortium (as per the format at Section 7(F)) with company who is OEM of Integrated Voice Response System (IVRS) and Contact Centre Platform Solution (CCPS) and has the experience as at Para 4.3 above. Client certificate shall be submitted in this regards by the consortium partner as per clause 4.3 above. It is clarified that consortium agreement shall be between two entities/members only, one lead bidder & one consortium partner.

4.5 In case the bid is being submitted as a consortium as in Para 4.4 above, then bidder (also referred as Lead Bidder interchangeably) shall also have an experience in Supply / installation / commissioning / Maintenance of IT/Networking /Telecom projects of a cumulative total of minimum of INR 200 Crore after 01-04-2012. Bidder shall submit certificate from Company Chartered Accountant along with the list of such works completed successfully and the value of work in respective project.

4.6 If the Bidder is other than OEM of quoted Integrated Voice Response System (IVRS) and Contact Centre Platform Solution (CCPS), they should have an experience of successful project execution of at least one IVRS & CCPS installations in India with minimum 1000 ports. Client certificate in this regard shall be submitted along with contact details i.e. name of the contact persons, postal address, official Email, Tel number.

4.7 In case OEM itself is a bidder individually for a particular technology then it cannot be part of any other consortium for that technology.

4.8 Only one bid per OEM technology of IVRS & CCPS shall be accepted. In case of multiple bids from same OEM, all such bids shall be rejected.

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

4.10 The OEM for IVRS & CCPS must be a Leader/Challenger for at least any one year in last two years (2016 & 2017) in Gartner Magic Quadrant report.

4.11 The Bidder shall not be a Licensed Telecom Service Provider to provide Basic Services/ Cellular Telephony Services/ Internet Services/ UASL/ NLD/ ILD Services anywhere in India. Self-Certificate by the bidder shall be submitted.

4.12 The Bidder shall not have controlling equity stake or vice versa, in any of Basic Services/ Cellular Telephony Services/ Internet Services/ UASL/ NLD/ILD Services operating companies in India. Self-Certificate by the bidder shall be submitted.

4.13 Consortium Partner Company shall also meet the conditions as per 4.11 & 4.12 above. Self-certification shall be submitted by the consortium partner.

4.14 The bidder shall have a Valid PAN No. from Income Tax Department.

4.15 The bidder shall have Valid Goods and Services Tax Registration Certificate No(s). In case of multiple GST numbers, all the numbers shall be provided as Annexure.

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

4.17 In case the supplier gets black-listed during the tenure of BSNL contract, then supplier must indemnify BSNL to ensure that no loss of Input Tax credit is borne by BSNL due to a default of a supplier. Bidder should submit an undertaking to this effect.

5. EMD

5.1 The bidder shall furnish the bid EMD of INR 1.25 crore in any one of the following shape.

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

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

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

6. Online Submission of Tender bid: Upto 11:30Hrs. of tender closing date i.e. ………………….

6.1 In case the date of submission (opening) of bid is declared to be a holiday, the date of submission (opening) of bid will get shifted automatically to next working day at the same scheduled time. Any change in bid opening date due to any other unavoidable reason will be intimated to all the bidders separately.

7. Online Opening of Tender bids: At 12:00 Hours of this tender closing date i.e. ……………...

8. Place of opening of Tender bids: BSNL has adopted e-tendering process which offers a unique facility for Public Online Tender Opening Event (TOE).

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BSNL’s Tender opening Officers as well as authorized representatives of bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices.However, if required authorized representatives of bidders (i.e. Supplier organization) can attend the TOE at the Meeting Room, 2nd Floor, Bharat Sanchar Bhawan, Janpath, New Delhi, where BSNL’s Tender Opening Officers would be conducting Public Online Tender Opening Event (TOE).

9. Tender bids received after due time and date will not be accepted.

10. Incomplete, ambiguous, conditional, unsealed tender bids are liable to be rejected.

11. CMD BSNL reserves the right to accept or reject any or all tender bids without assigning any reason. He is not bound to accept the lowest tender.

12. Tender document can be downloaded from the website h t t p s : / / w w w . t c il - i nd i a - e l e c t r o n i c t e n d er . c om .

13. The bidder shall furnish a digitally signed copy of the tender document with no addition/ deletion/ corrections in the downloaded tender document and it is identical to the tender document appearing on Web-site.

14. In case of any correction/addition/alteration/omission in the tender document, the tender bid shall be treated as non-responsive and shall be rejected summarily.

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

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

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Section 2

Tender Information

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

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

commercially compliant bidders only shall be opened.

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

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

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

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

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

accordance with clause 14.3 of Section 4 Part A.v. Integrity Pactvi. Clause by clause compliance as per clause 11.2 of Section 4 Part Avii. Bidder’s Profile & Questionnaire duly filled & signed.viii. Non-Relation Certificate duly filled & signed.ix. Undertaking & declaration duly filled & signedx. Documents stated in clause 10 of Section-4 Part A.xi. Tender/ Bid form- Section 9 Part Ixii. Electronic Form- Technical duly filled & signedxiii. Tender documents duly signed for having read it & accepted it

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

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

4. The following documents are required to be submitted offline (i.e. offline submissions) to DM (MMT), BSNL, C.O. 2nd Floor, Bharat Sanchar Bhawan, Janpath, New Delhi-110001 on or before the date & time of submission of bids in a sealed envelope, failing which the bids shall be rejected.The envelope shall bear the tender number, name of work and the phrase: “Do Not Open Before (due date & time of opening of tender).

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

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

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

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

5. Payment Terms: Payment shall be made in Indian Rupees (INR) only.

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a. Payment terms for New IVRS Equipment and allied Softwarei. 50% payment of Hardware equipment and allied software shall be made on

delivery.ii. 50% payment shall be made on successful completion of installation &

commissioning of equipments after A/T including all integrations and migration work (including DR activity and training) at DC.

b. Payment terms for Servicesi. 50% payment on completion of all migration works.ii. 50% on completion of one year warranty period.

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

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

d. CGM ITPC Pune shall be Paying authority.e. As per GST regime, BSNL is required to pay 100% of the Invoice amount within 6

months from the date of Invoice for availing the input tax credit (ITC). Hence on com-pletion of 4 months from the date of Invoice of equipment supply in case if payment milestone is still pending, BSNL shall review the release of balance payment against supply of hardware/software, keeping in view the progress of the project, reason for delay and Input Tax Credit implication against PBG of balance payment with adjust-ment of interest valid till installation , commissioning & migration is completed.

f. Bidder shall submit two (2) separate invoice(s) against Services as per the milestones.6. Delivery Schedule:

a. Supply – within 60 days from the date of PO.

b. I&C of Equipment within 90 days from the date of PO.

c. Migration and integration with existing solution without disturbing the day to day operations of CDR data centers within 150 days from the date of PO.

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d. AMC for period of 7 year which starts after completion of 1 years of warranty period.

6.1 Nodal authority for approving the commissioning of the equipment at all the locations is CGM ITPC, Pune.

7. Consignee–Details shall be shared to the successful bidder while placing the Purchase Order.

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SECTION 3 PART ASCOPE OF WORK

1. Existing CDR Data Centre’s :BSNL is operating four CDR Data Centre’s for handling commercial , customer care and billing operations for Landline , Broadband , FTTH , DSPT , IN (Intelligent Network services ) , VPN and Leased Circuit services at following four location as per the details tabulated below –

Project Name/Present SI

Name of the zones served

Data Center location

Name of the circle served Number of SSAs served

CDR Project –I(M/s HCL InfoTech Ltd )

South Zone

Hyderabad Andhra Pradesh , Telangana , Karnataka , Kerala , Chennai Telephones , Tamil Nadu

70

East Zone

Kolkata Kolkata Telephones , Assam , Bihar , Jharkhand , NE-I (Meghalaya ,Mizoram & Tripura) & NE-II (Arunachal Pradesh ,Nagaland ,Manipur ) Orissa , West Bengal (Including Sikkim) , A&N Islands

67

CDR Project –II(M/s TCS Ltd )

North Zone

Chandigarh Haryana , Himachal Pradesh , Punjab , UP - E , UP – W , Uttaranchal , J&K , Rajasthan ,

110

West Zone Pune Madhya Pradesh , Maharashtra , Gujarat , Chhattisgarh 87

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2. Existing Line of Business (LOB) and interlinked services served from existing CDR datacenters :

(i) Fixed Access Services (both on copper wire and FTTH access )–Landline (including PCO , ISDN (BRI/PRI), DSPT (Digital Satellite Public Telephone)and broadband (both post paid and prepaid )services are served from two industry standard CoTs CRMs i.e. Siebel CRM (CDR Project –I for South –East zone ) /SAP CRM (CDR Project –II for North –West zone ) each serving two zones.

(ii) IOBAS and FCR services: Inter Operator Billing and accounting system (IOBAS) and foreign carrier billing series are using Intec Billing platform from CDR Data Center in CDR Project-I and CDR Project –II.

(iii) Leased Circuits –SAP CRM application of North Data center (which is integrated with other three CDR Data Centers) is used to serve leased circuit service across all zones. Leased circuits include point to point , VPN over broad band, MPLSVPN ,Internet Leased Line (ILL) ,Leased Circuit over VSAT, Back Up Leased Circuit through GSM , EVDO ,ISDN ,PRI & BRI.

(iv) IN (Intelligent Network services –FPH/UAN/UPN/PRM/VPN) services are served from two industry standard CoTs CRMs i.e. Siebel CRM (CDR Project –I for South –East zone) /SAP CRM (CDR Project –II for North –West zone) each serving two zones.

1. Scope of the Tender :

1.1.Scope of the contract is provisioning of IVRS & Contact Centre Platform Solution (CCPS) system with replacement of existing IVRS & CCPS system installed in CDR Project -I and CDR Project-II while ensuring uninterrupted IVRS & CCPS services on turnkey basis and provide AMC support services for Seven years after warranty of 1 years.

1.2.Scope of the work include Supply, Installation, configuration , integration, commissioning of IVRS system & contact centre platform solution (CCPS) system and allied hardware & software items etc., being procured through this tender. Further, Successful Bidder shall be responsible for the following.

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Scope Responsibility of Successful Bidder

Replacement of existing EOSL IVRS equipment/allied items and software

Successful Bidder shall arrange for replacement of IVRS & system at existing CDR data center for CDR Project –I and CDR Project –II by new IVRS system and contact centre platform solution (CCPS) system as per specification mentioned in detail in this tender .This include supply, installation and commissioning of equipment and migration of existing IVRS solution to new IVRS system and contact centre platform solution(CCPS) system in coordination with SI of CDR Project – I (South – East DC) & CDR Project - II (North – West DC) and contact centre vendor .Successful Bidder shall install:1. IVRS system and contact centre platform solution (CCPS) system at two Data Centres – Hyderabad as Production (Catering to all customers belongs to North, West, East & South CDR Data centres) & at Pune as DR (Catering to all the customers of at North, West, East & South CDR Data centres) and vice versa. The capacity of new IVRS & CCPS System should include the production datacenter requirements of all the zone served and DR data centre requirements (with 100 % level while functioning in DR mode).2. Hyderabad IVRS & CCPS site and Pune IVRS & CCPS site should be active: active and should provide 100% DR functionality in case of failure of production site.3. All four zones shall have their own administration rights, generate reports and retrieve recordings pertaining to their zone.Also refer SECTION – 3 PART C for more detail.

Integration with CDR system, Call Centers and migration of existing services /functionality

Successful Bidder shall carry out integration of new IVRS & CCPS system(both production and DR system ) with existing CDR applications (CRM/Billing/PMS/CLARITY etc hosted at East and South CDR Data centers for CDR Project -I ) and with existing CDR applications (CRM/Billing/PMS/CLARITY etc hosted at West and North Data centers for CDR Project-II ).The IVRS and CCPS system also needs to be integrated with existing Call Centre’s as mentioned in SECTION - 3 B of this tender document.Successful Bidder has to ensure smooth migration of existing

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services /functionalities and allied items to new IVRS & CCPS platform in coordination with SIs of CDR Project I & II and Call Centre vendor. All allied works like customization, integration (with existing applications /systems) and migration, will be sole responsibility of the Successful Bidder.

Operation and Maintenance of IVRS

Successful Bidder shall provide onsite O & M support services as outlined in this tender document.

AMC services for IVRS and other items supplied through this Tender.

Successful Bidder shall provide AMC services after the completion of Warranty period for the IVRS &CCPS system (for both hardware and software items ) installed and commissioned by the Successful Bidder at Hyderabad and Pune site during the contract period and maintain AMC SLAs as per tender requirement.

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1.3.Successful Bidder shall be responsible for integration of new IVRS & CCPS system with existing hardware and software modules of CDR system and network elements (system, subsystems) and shall carry out all required allied activities like decommissioning of existing IVRS system and migration etc. and ensure continued IVRS and contact center services operations and facilitate maintenance of all the existing IVRS and contact center services and functionalities in coordination with SIs CDR Project – I & II and Call Centre vendor.

1.4.BSNL is planning to consolidate existing four CDR data centers into one production data center at Hyderabad and DR at Pune in near future. It shall be the responsibility of the Bidder to facilitate the re-integration of installed of production IVRS system at Hyderabad and DR at Pune (at no extra cost) with new CDR system architecture (with both Production and DR system).

1.5.Successful Bidder shall be responsible for provisioning and commissioning of all the additional / new features asked as part of this tender.

1.6.Functionality: The overall functionality and business processes of the existing IVRS and contact centre services and other new functionality and features asked in this tender shall have to be maintained by the successful bidder in coordination with SIs CDR Project – I & II and Call Centre vendor.

1.7.The prospective bidder has to study the existing solution and impact on the existing business processes while replacing the existing live IVRS system. Please refer SECTION – 3 PART B for details on existing CDR Data center and all other details. Seamless migration without hampering the existing business is the responsibility of the Successful Bidder.

1.8.The bidder shall provide solution/technology/product that should have a clear support roadmap from OEM for a minimum period of nine years w.e.f. the date of submission of bid and the same shall be submitted in the technical bid.

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2. Implementation Plan : The implementation plan of this tender is indicated below:

2.1.Supply, Installation and commissioning of required IVRS &CCPS system and allied items as per schedule mentioned in this tender.

2.2.Integration of new IVRS & CCPS system with existing CDR system applications (such as CRM , Billing , PMS and CLARITY etc. ), Call Centers and migration of existing IVRS and contact center services and functionalities in coordination with existing SIs of CDR Project –I &II and Call Centre vendor.

2.3.Successful Bidder has to provide IVRS & CCPS AMC support services at IVRS produc-tion Data center planned at Hyderabad to serve the customers of all the zones and at DR site at Pune for to serve all the customer of all the zones for period of 8 year (1 year warranty and 7 years AMC after completion of Warranty period).

2.4.Time Frame :

4.4.1 Supply of IVRS& CCPS equipment and allied items

Within 60 days from the date of PO.

4.4.2 Installation & Commissioning of IVRS & CCPS solution


4.4.3 Integration with CDR system, Call Centers and migration of existing IVRS services and functionality without disturbing the day to day operations.


4.4.4 Warranty: After successful commissioning, integration and migration of the IVR System and allied systems.

One Year

4.4.5 AMC: From the date of successful completion of 1 year warranty period.

Seven years

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3. Analysis & Requirements Study Phase :

3.1.Successful Bidder shall study the entire solution, network infrastructure, existing Hard-ware and software, migration requirement and other details required for the project. Please refer SECTION 3 PART B.

4. BSNL’s Obligations : BSNL will be responsible for the following:

4.1.BSNL shall facilitate coordination with the existing SIs of CDR Project I & II and call cen-tre vendor during implementation and Operation Phase. BSNL shall not pay additional cost to its existing CDR vendors and the same is included in the scope of bidder.

4.2.Providing Primary MPLS Bandwidth and connectivity to all relevant BSNL applications and system free of cost.

4.3.Providing the required infrastructure, UPS Power and Air Conditioning free of cost.

5. Documentation

5.1.All technical documents shall be in English language both in CD- ROM and in hard copy.

5.2.The documents shall comprise of:

i. System description documents ii. Installation, Operation and Maintenance documents iii. Training documents iv. Repair manual.

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5.3.System description documents: - The following system description documents shall be supplied along with the system:

i. Over-all system specification and description of hardware and software ii. Equipment layout drawings iii. Cabling and wiring diagrams iv. Detailed specification and description of all Input / Output devices v. Adjustment procedures, if there are any field adjustable units. vi. Graphical description of the system. In addition to the narrative description a

functional description of the system using the functional Specification.

5.4.System operation documents: The following system operation documents shall be avail-able:

i. Installation manuals and testing procedures ii. Precautions for installation, operations and maintenance iii. Operating and Maintenance manual of the system iv. Safety measures to be observed in handling the equipment v. Man-machine language manual vi. Fault location and troubleshooting instructions including fault dictionary vii. Test jigs and fixtures required and procedures for routine maintenance,

preventive maintenance and unit / card / sub-assembly replacement. viii.Emergency action procedures and alarm dictionary

6. Training Documents:

i. Training manuals and documents necessary for organizing training in installation, operation and maintenance and repair of the system shall be made available.

ii. Any provisional document, if supplied, shall be clearly indicated. The updates of all provisional documents shall be provided immediately following the issue of such updates.

iii. The structure and scope of each document shall be clearly described. iv. The documents shall be well structured with detailed cross-referencing and

indexing enabling easy identification of necessary information. v. All diagrams, illustrations and tables shall be consistent with the relevant text

7. Repair Manual:

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i. List of replaceable parts used. ii. Detailed ordering information for all the replaceable parts iii. Procedure for trouble shooting and sub-assembly replacement iv. Test fixtures and accessories for repair v. Systematic trouble shooting charts (fault tree) for all the probable faults with

their remedial actions

8. Installation Requirements :

i. All necessary interfaces, connectors, connecting cables and accessories required for satisfactory installation and convenient operations shall be supplied. Type of connectors, adopters to be used shall be in conformity with the interfaces defined in this GR.

ii. It shall be ensured that all testers, tools and support required for carrying out the stage by stage testing of the equipment are available with the vendor.

iii. All installation materials, consumables and spare parts to be supplied.iv. All literature and instructions required for installation of the equipment, testing

and bringing it to service shall be made available in English language. v. For the installations to be carried out by the supplier, the time frames shall be

furnished by the supplier including the important milestones of the installation process well before commencing the installations.

vi. Special tools required for wiring shall be provided along with the equipment. vii. In the event of a bug found in the software, the manufacturer shall provide

patches and firmware replacement if involved, free of cost. If hardware need to be replaced for such purpose it shall be replaced free of cost during the contact period.

viii.All the software updates shall be provided on continuous basis during contract period. These updates shall include new features and services and other maintenance updates.

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SECTION 3 PART (B)Technical Specifications of the Interactive Voice Response (IVRS) and Contact

Centre Platform Solution (CCPS) system

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1. Introduction

i. BSNL has implemented IVRS system in the four CDR Data centers located at Hyderabad and Kolkata as a part of CDR project-I and another two located at Pune and Chandigarh as a part of CDR project-II. The IVRS, Network and data is currently being managed through the CDR Infrastructure available at DCs of CDR Project I & II. The existing IVRS shall be replaced with New IVRS & Contact centre platform solution (CCPS) to provide its customers with state of art centralized services through an integrated Interactive voice response system and CCPS.

ii. The information is envisaged to be available to the customer through telephone (IVRS), web chat, email, SMS, Social media and call centre agents.

iii. The IVRS system shall be treated as a combination of Self Service platform, Automatic Call Distribution system (ACD) for Voice and Multimedia (web, email, chat, social media etc.), Agent less or agent based Web Chat, Outbound, Predictive dialing for agent as-sisted and agent less dialing (SMS, email, voice blast etc.) and Web Based Agent Desk-top for Handling all media type. IVRS & CCPS platform should support multi tendency as BSNL envisages to serve its EB customers from the same platform in future.

iv. BSNL envisages deploying technology which enables its end user to get the required help on their own and hence reducing the voice traffic on call centre. Hence the follow-ing would be encouraged :

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a. First call resolution at IVRS level (by adopting best practices to reduce repeat call traffic).

b. Agent less or agent based web chat.c. Web based self-help.d. Agent less proactive calling using automated dialers.(for SMS, email and voice

blasts)e. Smart phone apps integrating with CC (Contact Centre).f. Social media integration with Contact center agents and CRM system of CDR

system.g. Information to customer based on missed call or SMS to a particular number

from registered mobile number. (Information like bill amount, due date, status, plan, broad-band information etc.)

v. For a seamless integration and smooth operations, all core components such as ACD, IVR, CTI & MGW shall be from the same OEM.

vi. It is envisaged to have IVRS & CCPS system installed at Hyderabad and Pune data cen-ters. The idea is to provide different services from a common platform with minimum possible latency and in different regional languages. BSNL will provide the communica-tion links required between the central IVRS & CCPS system and existing the BSNL call centre.

vii. The IVRS is envisaged to establish two way communications on the same channel with customers through recorded synthesized voice in Hindi/ English / Regional Language or in combination of languages to give information, reply to queries and provide other ser-vices as mentioned in this document.

viii. The IVRS & CCPS shall interact smoothly with all relevant modules of CDR System and Contact Centre system.

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ix. The following services, shall be provided through IVRS:

h. Automatic Bill Enquiry & Payment Reminder Service.i. Interactive Commercial product and service inquiry & special Services In-

quiry.j. Interactive service request and Status Enquiry Service.k. Out bound dialing to subscribers as per BSNL’s requirement.l. Fault Booking and status reporting.m. Directory enquiry servicen. Agent assistance

2. General Specifications2.1 BSNL Existing CDR Data Centre Set up:ii.1.1 Bharat Sanchar Nigam Limited (BSNL) is the leading telecommunication provider in In-

dia having countrywide presence with over 20+ million wire line telephone subscribers and offer hosts of other services like Internet Broadband, MPLS-VPN Circuits, VSAT, VoIP services, IN Services, Data communication, Leased Line, etc.

ii.1.2 For the purpose of operations and revenue BSNL is divided into circles and each circle is further subdivided into SSAs (Secondary Switching Area).

ii.1.3 For handling the various services described in Clause 2.1.1 above, BSNL has two CDR Data centers located at Hyderabad and Kolkata serving South and East zone respec-tively as part of CDR Project –I and another two located at Pune and Chandigarh serving West and North Zone respectively as part of CDR Project -II.

2.2 Tender Outline :

Scope of the contract is Provisioning of IVRS & CCPS system with replacement of exist-ing IVRS system installed in CDR Project-I and CDR Project-II while ensuring uninter-rupted IVRS services on turnkey basis and provides AMC support services for seven years after completion warranty period (1years).

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3. IVRS Center Setupiii.1 The current IVRS setup in all four CDR Data centers is as below:

Currently deployed IVRS system supports various languages as detail given below -

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iii.2 Following services are being served from centralized IVRS system by rerouting the traffic –

ACCESS CODE SERVICE DESCRIPTION

1500 Landline Services – Fault booking, Fault status enquiry, Telephone bill enquiry, directory enquiry etc.

1504 Broad band Services – Fault booking , Product enquiry etc

198 Automatic Telephone Fault Booking & Clearance Service

197/1583 Directory enquiry Service / National directory enquiry

1501 Automatic bill enquiry

1909 Do not call Service

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1586 Automatic Trunk Call booking ISD

1951 or 1952 Automatic changed number announcement

12676 Leased circuit complaint book

12728 or 179 PCO Complaint book

1580 Automatic trunk booking STD

163 Lineman assistance

iii.3 Proposed New architecture for IVRS and CCPS

Name of the zones served

IVRS & CCPS location

Name of the circle served Number of SSAs served

South Zone Hyderabad(Production

Site)

Pune(DR site)

Andhra Pradesh , , Telangana , Karnataka , Kerala , Chennai Telephones , Tamil Nadu

70

East Zone

Kolkata Telephones , Assam , Bihar , Jharkhand , NE-I & II , Odisha, West Bengal , A&N

67

North Zone Haryana , Himachal Pradesh , Punjab , UP - E , UP – W , Uttaranchal , J&K , Rajasthan ,

120

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West Zone Madhya Pradesh , Maharashtra , Gujarat , Chhattisgarh 87

iii.4 New IVRS system shall facilitated single integrated System serving from Hyderabad data centers and DR at Pune as per following details:

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4. General Requirements :

4.1 It shall be possible to validate users through Telephone Personal Identification Number (TPIN) and/or One Time Password (OTP) and extend a particular service/services based on user validation. TPIN and OTP module needs to be included in the offer.

4.2 It shall be possible to include or exclude a service from the menu under user validation criteria.

4.3 IVRS & CCPS system shall be modular and scalable in nature for easy expansion without requiring any change in the software.

4.4 It shall be possible to access concerned executives in the form of voice/SMS/Mail from the IVRS & CCPS system through any of the access device such as Landline telephone, Mobile phone (GSM as well as CDMA). IVRS & CCPS system shall support various means of Alarm indications in case of system failures, e.g. Functional error, missing voice mes-sage prompt, etc., and shall generate error Logs. It shall have an alarm monitor tool and an alarm filter tool. The IVRS shall also be able to capture the alarms as SNMP traps and shall be able to send these to an NMS system. The system shall support SNMP manage-ability. There shall be provision of sending the alarm/alert (on real time basis) to the con-cerned executives about the planned / unplanned downtime.

4.5 IVRS & CCPS system shall be connected to existing BSNL contact centres. Successful Bidder will have to facilitate integration with any new Contact centre (Introduced by BSNL) in future without any extra cost to BSNL.

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4.6 It shall be possible to send & populate agents PC with Screen pop containing relevant customer data and the information about the queries he had made on the IVRS & CCPS system.

4.7 IVRS & CCPS system should support browser based Agent Desktop software which should handle all media including, voice (Inbound / Outbound), Email, Web Chat and should also integrate with browser based BSNL backend applications.

4.8 IVRS & CCPS system shall be capable of integrating with multiple applications (on differ-ent Operating Systems) and Databases to cover entire range of possible services which are to be offered through IVRS & CCPS system.

4.9 The IVRS & CCPS system shall be able to disconnect a call if subscriber fails to input any expected entry in 10 seconds or any other programmable time.

4.10 The system shall be capable to dial out with basic call progress, tone detection capability and shall be able to detect Dial Tone, Busy Tone, Ring Back Tone, NU tone etc and take necessary action.

4.11 It shall be possible to provide local or remote, GUI based man-machine interface for ad-ministration, maintenance, configuration, testing and system status display.

4.12 IVRS & CCPS system shall make the announcements in a clear & easily understood voice format with human like speech.

4.13 It shall be possible to transfer the call to a call center agent, at any time during the call duration. The IVRS shall transfer all details about the calling subscriber and its query to the call center with details of the dialled digits (Customer Entered Digits (CED)).

4.14 It shall be possible to register for activation of additional facilities in a customer account through a T-PIN /OTP system.

4.15 There shall be provision of sending the T-PIN/OTP to the concerned customer either through SMS or mail to validate the authenticity of customer.

4.16 There shall be provision of VAS activation /deactivation through T-PIN/OTP.4.17 The IVRS & CCPS System shall be able to capture the CLI data & DNI and transfer the

same to CRM or any other relevant application.4.18 The IVRS & CCPS shall be able to program/schedule the process of outward calling. The

schedule shall be editable by a system authorized operator. 4.19 It shall be possible to announce to the subscriber any failed service request due to sys-

tem failure. It shall also prompt the subscriber suitably.4.20 The system shall be capable to allow smooth change and addition of technologies, both

hardware & software, as they evolve and as per BSNL’s decision to deploy different tech-nologies in BSNL network.

4.21 IVRS & CCPS system shall be able to get information, text/data, from databases, convert to voice, and speak it back to the caller in relevant /desired language. Total 10% of IVRS ports shall be able to have this facility in at least Hindi & English.

4.22 IVRS & CCPS system shall maintain log of all services offered which can be used for audit and analysis purpose.

4.23 Proposed Solution shall be on Virtual Platform with logical partitioning capabilities. The solution should be scalable in creating multiple instances for different customers in fu-ture by adding additional hardware if required. Initially this platform will serve Fixed Line, Broadband and Enterprise business but in future BSNL should be able to add its Mobile business or any other business unit.

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4.24 The software licenses should be based on concurrent usage basis.4.25 The solution must be designed to have a perpetual license pool across all business Units

of BSNL. All the software license supplied by successful bidder shall be perpetual in the name of BSNL.

4.26 BSNL should be able to use IVRS & CCPS system licenses across all the business units. BSNL should also have an option of adding licenses to serve Enterprise Business cus-tomers or Business brought by BSNL partners. BSNL shall be able use all type of licenses for various services planned to be delivered from IVRS & CCPS platform and successful bidder has to ensure unrestricted use of licenses to deliver the seem less services from system.

4.27 IVRS & CCPS system hardware and software application should have all the components in High Availability.

4.28 IVRS & CCPS DR platform will have the exact replica of Core Platform and work in Active-Active mode which will be capable to take the load with immediate effect(no manual in-tervention except routing in network level) when the DR required to functional and it should use license from Core Platform. No extra license cost shall be paid by BSNL for DR site in any manner.

4.29 Vendors are required to provide a solution designed with BCP architecture to maintain 99.99% service uptime.

4.30 Any managed switches supplied for intercommunication within IVRS should have dual power supply.

4.31 The IVRS & CCPS shall support Multitenancy.5. Automatic Bill Inquiry Service

5.1 This service is envisaged to reply to subscribers’ bill related inquiries. The IVRS shall be able to communicate with billing module of Data Center of all Zonal Billing Center to an-swer all the billing queries.

5.2 Dial In:

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On inputting the telephone no. for which the service is desired, IVRS shall be able to announce details like:

i. Bill no. & amount of last bill paid.ii. Date of last payment.iii. The current outstanding.iv. Whether the current bill has been dispatched and the date of dispatch etc.

5.3 It shall be possible to announce the pending bill details to the subscriber. It shall also be possible to email duplicate bills against a requested telephone number. It shall also be possible to send a bill summary through SMS/E-mail to the requesting subscriber through the relevant SMS/E-Mail gateways.

5.4 Dial Out (Payment Reminder):

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a. The Dial out system shall be able to use SMS, email, Pre-recorded Audio and Live agent as a mode to out call on a single platform, unified reporting and campaign management.

b. It shall be possible to create campaigns around all modes of outbound communication described in previous point and outcome based dial out.

c. The IVRS shall be able to make outbound calls to inform the subscriber of their unpaid bills based on a list generated by billing system. It shall also be able to inform the subscriber of last date of payment & penalties thereafter, etc.

d. It shall provide an option of announcing the consolidated bills of a subscriber and announce it to the subscriber.

5.5 IVRS & CCPS system shall have the provision to record the following parameters :

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a. No reply numbersb. No. of tries against each no.c. Engaged telephone nos. (after predefined pattern of tries).d. web chat transactions / social media transactions etc

6. Interactive Commercial Inquiry & Special Services Inquiry

6.1 As new telephone services get introduced in BSNL service menu, subscriber shall be provided with latest information. This service is aimed at making available all these information through a common platform. All commercial & special/new service inquiry can be made here.

6.2 This service shall be extended through the IVRS and call center. All information shall be stored in the IVRS in a predefined format/audio recording. On keying proper digits these information will be communicated through SMS, E-mail, voice communication (dial out) etc.

6.3 This information may be stored in IVRS memory to the extent possible. It shall be possible for IVRS to fetch the commercial information from CRM/Billing. It shall be possible to delete/add any information which in turn can be offered to the subscriber.

6.4 The IVRS & CCPS shall be capable to announce the methods to activate/use various phone plus services like call forwarding, alarm etc. offered by BSNL.

6.5 Announcement of newly started services shall also be provided as an option to the subs. It shall be possible to E-mail or SMS the details to the subscriber.

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7. Interactive service request Status Information Service

7.1 This facility shall facilitate customers to know the availability status or status of an applied connection, via the IVRS & CCPS system.

7.2 The subscriber shall be able to input his/her registration no. In response IVRS & CCPS system shall announce the latest status of the application. IVRS & CCPS system shall be able to get this information from CRM application of CDR system.

7.3 In case the subscriber wants additional facilities on his existing connection, he shall be able to input his option after verification of T-PIN/OTP as announced by the IVRS & CCPS system. These details shall be transferred to related application for provisioning. A reference no. shall be allotted and announced to the subscriber for further reference.

7.4 The provisioning details allotted to a particular customer by the concerned CRM module shall be accessible by the IVRS & CCPS system. The same shall be announced to the customer on enquiry by the customer on entering the registration number allotted earlier.

8. Information service based on missed call alerts :8.1 The IVRS & CCPS system solutions should facilitate information to the subscriber based

on missed call from registered mobile number.

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8.2 The information like bill amount due date, status, plan, Broad-band information etc. should be communicated to the subscriber by IVRS & CCPS system shall be capable to out bound automated call and SMS as per the requirement of BSNL.

9. Software Requirements :9.1 The application software for the IVRS & CCPS system shall be on industry standard

operating system unmodified UNIX based OS or Linux or MS windows.

9.2 The application software shall be such that it is easy to design and implement a new services from IVRS & platform. It shall come with a complete application designing toolkit with drag and drop CCPS icons of various predefined objects. It shall also have pull-down menus, fill-in-the-blanks data entry, default parameter values, extensive on-line help screens, and other features that make application development both quick and easy.

9.3 IVRS & CCPS Software shall be open, modular and structured in nature to support all above services.

9.4 The IVRS and CCPS system software shall not pose any problem due to changes in date, time etc. caused by events such as change-over of millennium or century etc.

9.5 The IVRS and CCPS system software shall be possible to customize to suit requirement from time to time. The system shall be easy to handle during installation and normal operations as well.

9.6 The IVRS and CCPS system software shall have menu driven operation. It shall be possible to facilitate Changes in IVRS tree & introduce new service easily through a web portal or GUI.

9.7 The IVRS and CCPS system software shall be ODBC (Open Data Base Connectivity) compliant. Industry standard databases shall be supported.

9.8 It shall be possible to execute commands from a remote location after fulfilling security requirements. Access to the system shall be controlled through multilevel password as per the policy of BSNL.

9.9 The software shall support extensive archiving of command/response logs for extraction and evaluation at later time/date. It shall also have the capability to store customer transactions for at least two months period for any application on the IVRS & CCPS system . It shall be possible to select the type of transactions to be recorded based on different criterion as calls between a specific period only etc.

9.10 It shall be possible to log all transactions for both system and customer transactions. Logging details shall include operator details, date and time of the event, event etc.

9.11 The IVRS and CCPS system shall have necessary security and system administration facilities for creating/deleting users with proper password management.

9.12 The system shall be fully menu driven with online help and error messages.

9.13 IVR platform shall support VXML development tools and VXML compliant browser.

9.14 IVR solution shall support MRCP (Media Resource Control Protocol) interface for standard based integration to speech engines.

9.15 IVRS and CCPS system shall support an Eclipse /web based development environment.

9.16 The same scripting tool shall support the workflows for multimedia i.e. E-mail, chat, SMS etc.

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9.17 The IVRS & CCPS System must support dynamic licensing with centralized license management providing automatic failover and disaster recovery.

9.18 The IVRS & CCPS System shall be able to support IP/TDM based communication infrastructure including SIP and shall not pose any loss of functionality if SIP/H323/TDM is used in deployment. The voice gateway should be capable of supporting both SIP & E1 PRI trunks on same hardware.

9.19 All modules of IVRS & CCPS System shall be able to support IMS (IP multimedia subsystem) like architecture for easy interoperability with BSNL offered VAS services.

9.20 System shall provide a prediction of expected wait time, and queue position through the IVR for queue announcements. These announcements shall be provided periodically while the caller is in queue without losing queue position.

9.21 System shall ensure business continuity/ HA Failover/ Disaster Recover.

9.22 System shall support both inbound and automated outbound applications including multimedia i.e. E-mail, chat, SMS etc.

9.23 System shall support SOAP/XML/WSDL Interface for advanced Web Services integrations for enterprise applications and Internet services.

9.24 IVRS& CCPS system shall support the playing of.wav files in a VXML application natively (without a TTS engine / speech synthesizer). It shall support playing these files via HTTP and follow the rules of VXML.

9.25 System shall support virtualization.

9.26 System shall support multiple virtual instances.

1. Hardware Requirements

10.1 E1 interface as per ITU–T Rec G.703 supporting R2MFC (Indian)/ SIP trunk

10.2 It should be standards-based IVRS that enables businesses to provide customer interactions 24x7 for voice and web-based interactions.

10.3 IVRS & CCPS should be capable of support virtual server / off-the-shelf hardware of any brand , and supports open standards such as Voice XML, HTTP, MRCP (for speech integrations), SISR, SRGS, SSML, WSDL and SOAP (for web services), Media Server Markup Language (MSML), as well as Session Initiation Protocol (SIP).

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10.4 ISDN, CCS7/SS7 and SIP signaling to be support by IVRS & CCPS system .

10.5 It shall have Ethernet interface for connecting to various applications.

10.6 Database and application connectivity shall be on open communication protocols. It shall have EAI adaptors for connecting to industry standard EAI using web services. Bidder may verify the existing EAI platform deployed.

10.7 The IVRS& CCPS system shall have in general the following physical and logical components :

10.7.1 PSTN/GSM interface: This interface shall interact with the PSTN/GSM where PSTN lines/GSM lines are terminated i.e. customers trying to access the IVRS.

10.7.2 Data interface: This interface shall be able to get the required data which is used to respond to queries of the customers. This interface speaks to the various applications of system.

10.7.3 IVRS& CCPS Application: This is the main component on which system application runs. This has the requisite software and hardware to enable it to implement the various present and future applications.

10.7.4 Voice Prompt System: This component is responsible for feeding the announcements and messages to the customers.

10.7.5 The System shall have the capability to test and debug the application.

10.7.6 Single hardware failures shall not affect the functioning of the IVRS & CCPS system. It shall be built on fault tolerant and redundant components.

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2. Voice Prompt Mechanism11.1 SI should provide recorded and labelled voice prompts as per BSNL requirements.

Recording of prompts and uploading them shall be the responsibility of the bidder.

11.2 An operator shall be able to store announcements to computer’s hard disk with a single push of button in digitized voice. It shall be possible to load the messages by a management console.

11.3 The announcements shall be digit by digit with a programmable pause in between.

3. Call Logger System

12.1 The Call Logger System shall be an IP based system to integrate with Call Centres and their components.

12.2 For IP phone recording, the solution must be able to record IP phones from multiple different locations of the same system to a single recording platform on a central site.

12.3 All recordings must be tagged with at least the following information out-of-the-box: Date, Time, Duration, Extension Number, CLI, Dialled Number, DNIS, Agent ID, Call ID.

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12.4 The system shall be able to record 100% Audio & 5 % Agent Desktop Screens.

12.5 The system shall be capable of doing Bulk recording as well as Rule based (selective) recordings.

12.6 Recordings must be stored as protected file in a standard mountable Network File Storage (NFS). Recording solution must support standard archive mechanisms such as a DVD+RW drive and SAN/NAS. The system shall have ability to do Selective Archive of Recorded calls on an Archiving Server to have the optimum storage requirements (removable media or hard disk or SAN) for period of 12 months and Online retention should be for period of 6 months.

12.7 The system shall have capability to view/play the recorded calls from a PC (equipped with sound card and used centrally by a supervisor). The system shall have Audit Trails for better administration.

12.8 The recording server must have a web browser interface.

4. Call Center ACD

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13.1 Agent phones must have the ability to automatically go into a wrap-up, unavailable work state at the completion of a call.

13.2 Agents shall have option of temporarily removing themselves from the ACD queue to perform call-related tasks.

13.3 ACD Software shall have provision to design Call flows.

13.4 Call flows shall enable fine tuning of the call center and creation of highly customized routing paths providing best service for each customer call.

13.5 Call flows shall offer a powerful set of conditional routing capabilities that enable completely customized caller treatment and implement customer care strategies by matching callers to agents with the desired skills to best serve the customer based upon the following types of call-related information:

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a. ANI (Automatic Number Identification) provided by the network.b. Digits collected using Call Prompting such as account codes or postal

codes.c. DNIS digits.d. Incoming Trunk Group.

13.6 Caller prompted routing choices such as “Press 1 for Sales, Press 2 for service” or “If you know the extension of the party you are calling, you may enter it now…”

13.7 In addition to call-related conditional treatment, call flows designing shall also support routing based upon current conditions in the call centre. This shall enable maximization of efficiency and use of agent and network resources and offer best service to callers using the following conditional routing capabilities:

a. Number of staffed agents in a specified skill.

b. Number of available (idle) agents in a specified skill.

c. Number of connected calls by logical groups corresponding to DNIS.

d. Applications, call types or caller prompted application choices.

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e. Number of calls queued at a given priority to a specified split or skill.

f. Current Expected Wait Time for a specified split or skill or for the best identified split or skill.

g. Current Expected Wait Time for the call being processed.

h. Current Expected Wait Time or Adjusted Wait Time for a specified skill.

i. Predicted Amount of Improvement in Expected Wait Time for skill.

j. Current Queue Position for overflow.

k. Rolling Average Speed of Answer for a specified skill.

l. Amount of time that the oldest call in a specified skill queue has waited to be answered.

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m. Time of day, day of week, date of year.

n. User specified Variables in call flow.

13.8 A call shall have provision to be simultaneously queued up to different skill groups and be answered by the first available agent in any of the groups.

13.9 System shall be able to distribute the calls to agents based on ACD work occupancy instead of most idle or longest current idle time.

13.10 System shall have capability to monitor queue thresholds and expected wait times in queues and automatically activate reserve agents as needed in order to prevent bad service from occurring.

13.11 The system must provide the ability to automatically route incoming calls to alternate groups within the ACD based upon incoming call volume and/or number of calls waiting in queue.

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13.12 There shall be a provision on the ACD call routing program to connect the caller to Interactive Voice Response (IVRS) system while the call remains in queue for an agent, not losing the queue position.

13.13 There shall be a possibility to include “conditions” or user specified variables in call routing programs that can be set by the user and/or external conditions.

13.14 The system shall be able to match the requirements of the caller to an agent with the skills to handle the call.

13.15 All calls for each agent group must be redirected to an announcement system after work hours, and supervisors must be able to activate this feature.

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13.16 Supervisors shall have the capability to logout agents from their supervisor desktop (or from a remote location) without having to go to the agent’s desk.

13.17 Each agent and supervisor on the system shall have an individually assigned log-on identification number, which permits individual statistics to be collected by the ACD management information system.

13.18 The proposed system shall provide alternate routing for holidays and special dates automatically based upon time of day and day of year.

13.19 In case of a special event or holiday being anticipated, provision shall be there to design a contingency call flow which can be created, tested, and stored in advance and automatically activated at the desired date and time. No manual action shall be involved at that time.

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13.20 Silent Monitoring (local or remote) shall be possible from Agent/Supervisor application.

13.21 The system shall be able to predict the wait time for call answer.

13.22 It shall be possible for the routing commands to obtain information from another source like IVRS or a database before routing the call.

13.23 The system shall have provision for providing music on hold for all calls in queue. Minimum 30% calls shall be treated for queuing with no single point of failure.

13.24 It shall be possible for the system to redirect unanswered calls.

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13.25 Each agent and supervisor on the system must have an individually assigned log-on identification number, which permits individual statistics to be collected by the ACD management information system.

13.26 Announcements shall be supported by the ACD/IVRS system, minimum of 500 announcements shall be provisioned.

13.27 System shall predict the estimated wait time for various skills and pick the best destination for a call to avoid excessive wait times and subsequent overflow.

13.28 The system shall provide callers in the queue with a variety of announcements.

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13.29 It shall be possible to limit the skill queue size.

13.30 Calls made directly to agent extensions shall be classified for reporting purposes.

13.31 Agents must be able to enter a numeric code that describes their reason for entering non-available work modes or for logging out of the system.

13.32 It shall be possible to perform arithmetic and string operations on call routing variables.

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13.33 It shall be possible to determine the number of seconds a call has been waiting to be answered, including any wait time at a remote system, and re-route the call when it meets our specified maximum number of seconds?

13.34 It shall be possible that if an agent becomes available before an announcement is completed, call be immediately connected to the agent.

13.35 Incoming call shall not lose its place in queue when the call is connected to an announcement.

13.36 It shall be possible to automatically route a call to voice messaging instead of queuing if the wait time is above a certain threshold.

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13.37 Caller shall be given the option to continue waiting in queue or to leave a message.

13.38 Agent shall be notified when voice mail messages are left by the team member on their extension number with an IP Phone.

13.39 The goals and requirements of BSNL’s business plan shall be incorporated into the system’s call routing algorithms.

13.40 There shall be an option for agents and supervisors to be notified via the telephone indicators when thresholds are reached for individuals and groups.

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13.41 It shall be possible for the callers to be required to listen to an entire announcement before being connected to an agent.

13.42 If an agent is not available to handle a call, the call must queue for the next available agent, and the system must be able to provide music on hold until the call is answered.

13.43 If a outsourced call center disconnects from the primary data centre due to network failure, it should connect via secondary data centre and continue to take calls.

13.44 A unique tag shall be associated with each call when it originates and remain with the call throughout the network to facilitate cradle-to-grave call tracking.

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13.45 Agents shall be able to enter codes to identify events that occurred during a call.

13.46 Time spent in the call wrap up or after call work state must be included in the individual agent and group statistics.

13.47 The supervisor shall be provided with a visual, real-time indication of agents spending time in the after call work or call wrap-up state.

13.48 When monitoring agent conversations, silent monitoring to the agent during monitoring shall be available.

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13.49 It shall be possible that the same announcement be played to multiple callers simultaneously, each starting at a different time.

13.50 System shall have the ability to prioritize calls.

13.51 It shall be possible for more than one person to make changes to different screens simultaneously.

1. Automated/Agent assisted Chat

The automated/agent assisted chat solution must include the blending of automated responses with live agent responses. The solution shall support Chabot.

1. Outbound System (Outbound Dialler)

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15.1 Outbound System should be part of blended ACD/routing solution to build outbound campaigns to deflect avoidable inbound calls by proactively providing information, man-aging customer expectations, and eliminating a caller’s need to contact BSNL.

15.2 Outbound process for Welcome call, payment reminder call, upgrade eligibility, customer win back, and customer survey etc.

15.3 Support creation of campaign for outbound process should be as per business require-ment, creation of contact strategies with easy-to-use list and campaign management tools. It should be part of regular O&M activities with no extra cost to BSNL.

15.4 Outbound system should support following different dialing modes:

a. Manual Outboundb. Progressive& Predictive Outboundc. Auto Outbound IVR

15.5 Support for defining treatments and rescheduling the unsuccessful calls.15.6 Agent can reschedule a call on the prospect’s request. The call (or call record) can be

rescheduled to be handled by the same agent or alternatively assigned to any agent be-longing to the same campaign group.

15.7 Blending capability allowing inbound calls to overflow to the outbound call position dur-ing peak hours to maintain service levels and maximize agent productivity.

15.8 Inbound and outbound ports should be dynamic (both way).15.9 Support Do Not Call (DNC) restrictions by phone number.15.10 Outbound system should have ability to schedule and manage campaigns over multiple

days or schedule campaigns in the future.15.11 Outbound system should have ability to recycle calls made that resulted in busy signal,

network disconnect / dropped call, hang ups, fax, voice mail, or no answer.15.12 Outbound dialler should have easy list management and campaign management GUI

with role based access to build campaign, apply filter, and manage outbound pacing, abandon rate, monitor campaign progress, health and result.

15.13 There shall be provision of detail report on outbound calls.

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2. Agent Desktop & Soft phone

16.1 Single Agent Desktop for all channel of communication (Inbound, Outbound, Email, Chat, SMS etc.).

16.2 Support integration with CRM or Case Management system or Ticketing System using web services.

16.3 Integrate with social media websites such as Face book/Twitter etc.16.4 Call Wrap / reason / disposition Codes are configurable to allow for a different list of

choices based on the call type / queue.16.5 Ability for agents to make manually dialled outbound calls outside the normal workflow,

e.g. manual cold calling.16.6 Display agents statuses / presence in user interface.16.7 Ability to write call history to a database for reporting and to be displayed during future

calls.16.8 Ability to schedule a call back at any point of time.16.9 Ability for agents to make themselves unavailable temporarily, using the list of defined

Reason Code (Configurable) options. 16.10 Support Soft phone configuration for short cut and hot keys.16.11 Agent functionality:

a. Login and logoutb. Agent set Readyc. Agent set Not Ready (using various work modes which is customizable)d. Automatic after-call worke. After call work in idlef. Agent to Agent Call Transferg. Agent to Supervisor Communicationh. Show Current Call Durationi. Show Total Calls received by Agentj. Notify Total waiting time by Customerk. Hold, Consult, Conferencel. Transfer with context: “attached data”

3. Supervisor Features :

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17.1 Capability for Whisper / Assist via audio or chat. Monitor, coach, and barge-in on agents who are handling voice call.

17.2 View and manage the contents of the work bin and queue of the agents or agent groups that he or she supervises.

17.3 Can review outbound e-mail interactions created by agents that you supervise for Qual-ity Assurance (QA) purposes.

17.4 Switch from certain team supervision modes to others:

a. Monitoring to barge-inb. Barge-in to monitoring

4. Voice Recording

18.1 Systems needs to record all calls (total recording).18.2 The system must have the ability to store all calls received to the extensions and calls

made from the extensions / SIP URI.

18.3 Ability to tag the recording with CTI data like Calling party, Called party, date and time of call, duration, extension no, agent ID etc. information captured for both Inbound & Out-bound calls.

18.4 Playing recorded calls via web interface: The system should have capability to view/play the recorded calls from a PC (equipped with sound card and used centrally by a supervi-sor).

18.5 Able to record the Conference, Consult & Transferred calls.18.6 The retention period of voice record should be for last 6 months with the provision of ar-

chiving.18.7 Support search and filtering capabilities of recorded integration based different parame-

ters like date, time, customer number, Agent etc. Voice recording should support voice file export capabilities.

18.8 The voice recording should be captured with the particulars of agents along with the time stamp.

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18.9 The solution should support continuous recording of call regardless of destination or transfer.

5. Real time reporting and Dashboard

19.1 Support real time custom reports and custom statistics.19.2 Support for multiple refresh rates based on different types of statistics monitored in real

time.19.3 Support for threshold, alarms and alerts.19.4 Optimized for Wallboard/Video Displays. Reporting should support web interface for su-

pervisors.19.5 The system shall allow supervisors to set threshold on the Contact Centre parameters,

which shall be notified in the form of different colour on the supervisor interface screen.19.6 Supervisors will be able to customize their views for real-time monitoring of the items

and resources of interest in the call centre.19.7 The system real-time dashboards report on the supervisor’s desktop or on big display

which includes following statistics:

a. Nos. of calls waiting.b. Nos. of available agents.c. Nos. of ACD calls answered.d. Nos. of Abandoned calls.e. Longest Call in Queue.f. Average talk time.g. Average after call work state.

h. Nos. of calls being handled, on-hold, on-transfer, current status of agents, skill groups, call types, and services etc. during the up-time of Call centre.

i. Skill group wise service level.j. Contact Centre Service level (overall).k. Graphical presentation of service level.

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6. Historical reporting and Analytics

20.1 The Reporting System should be able to provide historical reports with web interface for supervisors/floor manager / contact centre Manager.

20.2 There should be single and unified Reporting solution for contact centre setup with multi-channel reporting capabilities, showing all communications and outcomes.

20.3 Reports should be made available in various formats including tabular and graphical for-mats as required.

20.4 Cradle-to-Grave Reporting which would reveal exactly what happened to a caller from the time they entered contact centre system until the time they hung up, and everything in between.

20.5 It shall have feature to schedule generation of reports and automatic delivery of sched-uled reports to e-mail.

20.6 Support report creation (Ad-hoc query, Drill and Filter etc).20.7 Support Report Design (Create Charts and Graphs, format report).20.8 Reporting - Data Retention should be configurable. Complete raw data should be main-

tained for defined retention periods, and support various levels of aggregation to sum-marize data as particular periods roll over - e.g. daily data is summarized as weekly or monthly data, and so on.

20.9 Solution should support export of reports into various formats like Excel, PDF, CSV 20.10 Solution should be able to schedule a report, which can be sent to intended recipient

through email automatically20.11 Reports regarding following:

a. All reports related to Agent –Agents Reports.b. All reports related to Queue – Queue Reports.c. Detail Interaction Reports.d. Outbound campaign reports.e. Multimedia interaction reports.f. IVR reports.g. SI shall facilitate Call centre Billing reports and SLA reports as per BSNL’s require-

ments.h. SI shall facilitate TRAI report (Format annexed)i. SI shall facilitate system uptimefeed to EMS/NMS, Call queue-waiting time, Call

abandonment rate and Call quality score reports.j. Any other related reports as needed.k. SI shall facilitate call drop statistics / analysis reports.

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7. Chat, Email & SMS:

21.1 Chat solution should support both Web Chat and Mobile Chat.21.2 Chat session can be transferred to another representative or a subject matter expert.21.3 SI shall facilitate chat offering to provide agents with tools to support efficient replies like

Knowledge Management, push URL, canned response etc.21.4 Support Chat transcription forwarding via email/downloading to a Supervisor or Cus-

tomer.21.5 Support screening of email and routing based on source and content.21.6 Support email responses as well as use of predefined responses to the agent.21.7 Support integration for inbound and outbound SMS.21.8 SI to facilitate post-call surveys via SMS.21.9 Support pre-processing steps before the e-mail interaction is routed to an agent, such as

screening messages for account numbers, and post processing steps such as content analysis of the agent’s response to scan for misspelled or profane words.

21.10 System should allow to:

a. Lock emails from further processing.b. Prioratize email within a queue.c. Move emails from one queue to another.d. Search, filter and sort emails and queues.e. Set alarms for specific criteria based on statistics from stat server.

21.11 Support Standard Response Library for Email, Chat & SMS with a click response.21.12 Supports interim replies/auto acknowledgement, whereby an agent can respond to a

customer, and maintain ownership over the original email, until a more comprehensive response can be created.

21.13 Supports assigning each email and unique transaction ID number so that system can differentiate between new email entering the system, and email that is part of an ongo-ing thread between an agent and a customer. All incoming emails should be examined, and those emails containing a transaction ID number bypass further routing, and are sent directly to the agent involved in the thread.

21.14 Support business rules configuration, to automatically include standard content such as greetings, footers, headers or attachments etc. as part of the reply. These can include user-defined field codes such as the customer’s name or a special promotion code that is substituted automatically when content is inserted.

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21.15 Support storage of complete Chat transcript and Email.21.16 Support post chat interaction, to e-mail a transcript of the chat session to the customer.21.17 Supports SSL and TLS for Chat communication.21.18 Support typing notification - an indication to the agent that a customer is typing, and in-

dication to the customer that the agent is typing.

8. Social Media & Mobile App

22.1 Support interaction passing to agent from social media post from Face book, twitter and any other social media platform decided by BSNL.

22.2 Support social media interactions to a separate queue.

22.3 Support mobile integration with contact centre for chat, voice call and call back from mobile application on windows, Android, IOS etc. of all the versions including latest ver-sions.

9. Visual IVRS:

The solution should support Visual IVRS feature for the customers. In this feature when user calls, in addition to hearing the voice prompts, caller shall get the visual menu on his phone screen so that he can press the options by seeing all the menus and avoid inefficiency & wastage of time in hearing the long menu options.Native API compliant web development tool. SIP signaling to be supported by IVRS & CCPS System to integrate with Media Gateway Controller (MGC).

10. System Administration

24.1 Support for centralized administration of complete system.24.2 Support for role-based user access control.24.3 Proactive system monitoring and alerts.24.4 Remote administration.24.5 Role based access and levels of access that can be set with the corresponding capabili-

ties of the administrative tool.

11. Scalability, Reliability & Security

25.1 The Proposed Solution must be flexible & scalable to allow for future capacity increases to support.

25.2 Additional offices, agents, ports etc.25.3 Application must be optimized to work on wide area of network (WAN).25.4 Solution must support high availability with built in redundancy and automatic fail over.

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25.5 Solution must have backup and restore functionality of the product.12. The solution architecture should be based on below points:

26.1 Platform shall be fully redundant solution with no single point of failure and shall provide 1:1 redundancy in HA at main data centre and 1:1 capacity at the DR site The solution must provide geographical redundancy by separating the servers over LAN/WAN in addi-tion to High Availability components in Data centre . i.e. if the server in the main data center fails it shall move to HA Server in Data centre and if HA server also fails, it shall move to the other server, which is installed at geographically different location over WAN shall take over the entire communication network load.

26.2 All Databases will be located at each zone which would talk with IVR database to push / pull customer data.

26.3 Web services would be provided to integrate with CRM system to get Customer data.26.4 PSTN PRI shall be terminated at respective zones, however the system should support to

terminate SIP trunk if required.26.5 The system shall not have any limitation to connect to multiple call centers for each

zone.26.6 IVRS will perform the below tasks.

a. Integrate with backend systems using web services to get Incoming caller details.b. Identify customer and provide announcements.c. Provide necessary flow as per the short code used by the subscriber.d. Playback of numbers, date etc.e. Provide ASR and TTS features for partial ports/service.

13. Subscriber base (as on Oct , 2017)

Zone North South East West

LL (In Lakhs) 21 55 17 31

BB (In Lakhs) 10 20 5 10

Leased Circuits (In Lakhs) 2.5 - - -

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14. Sizing and load calculation:

S. No.

Subscribers Proposed Sizing

1 Average Calls per day 300000

2 Average holding time on IVRS 120 seconds

3 Average call handling time for agent 300 seconds

4 Calls diverted to Call Centre agents 25%

5 Disaster Recovery -In case of disaster the calls will be diverted to Pune DR site which has to serve all zones.

100 % level of performance in a zone pair

Note: 1.It shall be possible to convert incoming port to outgoing port dynamically or as programmed (Application wise). The solution should be able to handle 25% increase in call volume over and above the projections without any investment on hardware and software.

15. Designing Parameters

29.1 Parameters to be considered while designing MGW system at all data centers:

IVRS and CCPS sizing EDC NDC WDC SDC TotalSIP Gateway (I/B) 500 750 750 1000 3000SIP Gateway (O/B) 500 1100 1100 1300 4000Softphones 10 10 10 10 40

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29.2 Parameters to be considered while designing IVRS & CCSP system at Production & DR data centers

IVRS and CCPS sizing QuantityTotal IVR Ports (total I/B & O/B) 6000Concurrent Agents(Blended I/B & O/B) 650Supervisors 50Outbound Dialer Ports 4000Email 200Chat & Social Media 200Recording (100% Voice, 1 months) 650

16. Minimum required Specifications for Items proposed to be supplied. The speci-fications quoted can be higher to support the solution as per requirements given in this tender document. ensure that

A Server SpecificationMinimum availability of 6 PCI slotsMinimum 24 Core with minimum 2.1 Ghz, 33MB Cache 8GB RAM per Core Minimum 2x 960 SSD Enterprise GradeMinimum 2x3TB or higher SFF HDDMinimum 12Gbps Hardware RAID Controller with 2 GB CacheMinimum 2X10Gbps PortsMinimum 8x1Gbps Ports

B Router SpecificationThe router should support IP routing, IP multicast, QoS, IP mobility, multiprotocol label switching (MPLS), VPNs and redundant power supply.Routers should have at least 1 or more free slots for LAN or WAN modules after populating all interfaces. Router should have minimum 4 GB of of DRAM/RAM & should support increasing of flash/compact flash size The router should have a minimum performance of 2 Gbps or more The router shall support adaptive routing adjustments by doing routing path selection based upon advanced criteria like Response time, packet loss, delay, jitter and traffic load to intelligently control the traffic to maximise the quality of the user experience.Routers should support marking, policing and shapingIPv4 and IPv6 enabled from day one

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HSRP/VRRP, Static Routes, RIPv1, RIPv2, OSPFv2, OSPFv3, BGP4, MBGP, BGP route reflector, BFD, Policy based routing, IGMP V1/V2/V3, PIM-DM, PIM-SM enabled from day oneShould support extensive support for SLA monitoring for metrics like delay, latency, jitter, packet lossSupport for accounting of traffic flows for Network planning and Security purposesShould support extensive support for SLA monitoring for metrics like delay, latency, jitter, packet loss,Routers should support SNMPv2 and SNMPv3Routers should support Software upgradesExtensive debugs on all protocolsShall support Secure Shell for secure connectivityShould have to support Out of band management through Console Pre-planned scheduled Reboot FacilityReal Time Performance Monitor – service-level agreement verification probes/alertsThe Router should be NDPP or EAL3 certified at the time of BiddingAll necessary SFP's, interfaces, connectors, patch cords (if any) & licenses must be delivered along with the Router from day one.The Router should be 19" Rack mountable &should be supplied with Indian standard AC (5Amp) power cord.Interfaces on Day1: The router should be supplied with 2 No. of onboard 10/100/100 BaseT WAN or LAN Port, 2 GE RJ45 ports and 1 SFP based GE Port. In addition to above 8 port RJ45 LAN PortC Firewall SpecificationHardware Architecture The appliance based security platform should be capable of providing firewall, IPS, URL filtering and VPN functionality in a single appliance The appliance hardware should be a multicore CPU architecture with a hardened 64 bit operating system to support higher memoryProposed Firewall should not be proprietary ASIC based in nature & should be open architecture based on multi-core CPU's to protect & scale against dynamic latest security threats.Proposed appliance should have integrated redundant power supply

1. Performance & Scalability It should support throughput (FW + AVC) of upto 4 Gbps. It should support Maximum concurrent sessions of 2 Million. It should support 24000 max. new connections . It should have 12 10/100/1000 BaseT Ethernet Interfaces and 4 nos. of 10 Gigabit SFP+ Ethernet Interfaces. After populating the asked interfaces, it should have additional 1 Slot vacant for future scalability

2. Firewall FeaturesFirewall should support creating access-rules with IPv4 & IPv6 objects simultaneously. Should support Static, RIP, OSPF v2 & v3, BGP, BGPv6, PBR, VxlAN for PBR. Firewall should support SLA monitoring for static routes. Should support Non Stop Forwarding in HA during failover and Graceful Restart

3. Support Next Generation IPSShould support the capability of passively gathering information about virtual machine traffic, network hosts and their activities, such as operating system, services, open ports, client applications, and vulnerabilities, to assist with multiple activities, such as intrusion event data correlation, elimination of false positives, and policy compliance. Should support the capability

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of automatically providing the appropriate inspections and protections for traffic sent over non-standard communications ports.

4. ManagementFirewall should support management of firewall policies via Cli, SSH & GUI management capabilities. Firewall should support syslog with the functionality of sending syslogs messages. Firewall should support packet capturing functionality to send the packet capture to Wire shark for detailed packet analysis.

D L3 Switch Specification

i. General HardwareThe product MUST be capable to deliver at least 240 Gbps of non-blocking performance FIXED PORT SWITCH. The product SHOULD have latency of less than 2 microseconds. The product should support at least 24 x 1 G SFP /10G SFP+ ports.All the components MUST be hot-pluggable. Power Input Requirements: 100 to 240 VAC, 50 to 60 Hz. The product SHOULD support 1+1 redundancy modes hot swappable Power Supply. The product SHOULD support Operating temperature: 0 to +40ºC and Relative humidity: 5 to 95%

ii. General Features RequirementsThe product SHOULD be able to support the following features by upgrading software and without any hardware changes. The software must be already available and ready for testing if required:

1. VRF2. VXLAN3 BGP / OSPF / Static4. vPC/ECMP5. HSRP/VRRP6. IGMP Snooping7. Router/VLAN/Port ACL8. SPAN/ERSPAN

iii. Routing RequirementsThe product SHOULD support at least 12K IPv4 and 6K IPv6 unicast routes. The product SHOULD support at least 8k multicast routes. The product SHOULD support at least 256 VRF Instances. The product SHOULD support dual stack. The product SHOULD support at least 32k IPv4 ARP. The product SHOULD support at least 32 ECMP The product SHOULD support HSRP/VRRP, SVI, Policy Based Routing, BFD, BGP, OSPF, Static Route, DHCP and DHCP relay

iv. High Availability RequirementsThe product SHOULD support Power supplies. The product SHOULD support ECMP. The product SHOULD support virtual Port Channel

v. Operation and Management Requirements

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The product SHOULD support SNMPv1, v2, and v3 instrumentation, delivering comprehensive in-band management. The product SHOULD provide Command line interface (CLI)-based management console to provide detailed out-of-band management. The product SHOULD have support HTTP/HTTPS interface. The product SHOULD support XML/NetConf interface. The product SHOULD support syslogs

vi. Interfaces on Day1The Switch should be supplied with 16x1G RJ45 SFP, 4x1G Lx SFP, 4x10G LH SFP+ ports

E Load Balancer:

1. Server Load Balancer Architecture

(i) Traffic ports supported: (a) 20x 10 GbE SFP+(b) Layer 4 connections per second: 1 Mn CPS (c) Layer 7 requests per second: 2.2 Mn RPS(d) SSL CPS at 2048 bit key : 50K(e) SSL CPS (ECC) : 25K

(ii) Should provide minimum 30 Gbps throughput and can be scalable to 80 Gbps throughput without changing the hardware (license upgrade only).

(iii) Device must have Dynamic routing protocols like OSPF, RIP1, RIP2, BGP from Day 1.

(iv) Following Server Load Balancing Topologies should be supported:(a) Virtual Matrix Architecture / Equivalent(b) Client Network Address Translation (Proxy IP)(c) Mapping Ports(d) Direct Server Return(e) One Arm Topology Application(f) Direct Access Mode(g) Assigning Multiple IP Addresses(h) Immediate and Delayed Binding(i) IP Address Ranges Using imask

2. Load Balancing Features(i) The SLB should support the below metrics:

(a) Minimum Misses,(b) Hash, (c) Persistent Hash, (d) Tunable Hash, (e) Weighted Hash, (f) Least Connections, (g) Least Connections Per Service,(h) Round-Robin, (i) Response Time, (j) Bandwidth,

(ii) VIRTUALIZATION:(a) The proposed SLB should have ADC-VX/Virtualization feature that

virtualizes the Device resources—including CPU, memory, network, and acceleration resources.

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Solution (CCPS)

specialized purpose build hypervisor, not a commercially available hypervisor (like XEN, VmWare etc.) with smaller footprint.

(c) Each virtual ADC instance contains a complete and separated environment of the Following: i Resources, ii Configurations,iii Management,iv OS

(d) The proposed device should support upto 24 Virtual Instances.(iii) The vADC management should have two management roles:

(a) The Global Administrator creates, initially configures, and monitors vADCs. The Global Administrator should be able to dynamically allocate CPU and throughput resources by assigning capacity units and adjusting throughput limits to a vADC.

(b) The vADC Administrator is responsible for the day-to-day configuration and maintenance of vADCs using the same tasks as with traditional ADCs, except for those vADC tasks that only the Global Administrator performs.

(iv) The device should support DNS SEC Global Server Load Balancing functionality.

(v) A framework for customizing application delivery should be provided using user-written scripts, that provides the flexibility to control application flows and fully meet business requirements in a fast and agile manner.The proposed framework should enables to:(a) Extend Server Load Balancer Fabric services with delivery of new

applications(b) Quickly deploy new services(c) Mitigate application problems without changing the application(d) Preserve infrastructure investment by adding new capabilities without

additional equipment investment.(vi) Should support Web Performance Optimization feature that should employ

different acceleration treatments for different application and browser scenarios:(a) Simplifying large, complex web pages.(b) Caching(c) Accelerate entire web transaction(d) Third-Party timing and SLAs(e) Content Minification / Equivalent(f) Acceleration for mobile devices--Mobile Caching, Image resizing,

Touch-to-click conversion / Equivalent(vii) DNSSEC based Global Load Balancing should be supported in the proposed

device.(viii)The Server Load balancer should support the Application Performance

Monitoring feature and should support the following:(a) Real user monitoring for any client with no agent software.(b) Centralized monitoring of performance across Local and Datacenter.(c) Measurement of real users and their actual transactions including

errors – eliminating manual scripting of synthetic transactions (d) Diagram allowing to visually see which transactions breach SLA(e) Breaking down the measurements by specific application, location or

transaction(f) SLA is user-defined – allowing full control over application

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(g) Ability to see which transactions were not completed due to errors.(ix) Should support server side web compression and proximity based LLB. OEM

must be present in the latest report of Gartner "Leader" quadrant for ADC.(x) The proposed device should support ICSA certified WAF functionality

covering all the OWASP Top 10 attack categories.3. Redundancy

(i) Should Support standard VRRP (RFC - 2338)(ii) SLB Device should be accessed through the below:

(a) Using the CLI(b) Using SNMP(c) REST API(d) Using the Web Based Management(e) Dedicated Management Port

F Storage:

Minimum quantity of 10 TB Mid-Tier Storage complying to TEC/GR/IT/DSI-001/04/DEC 2015.

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Section 3 Part CSchedule of Requirements (SOR)

Bidders have to give un-priced detailed Bill of Material for all the quoted Hardware and Software items along with the techno-commercial bid and same priced Bill of Material of all the quoted hardware and software items in financial bid.

Main IVRS and CCPS System at Hyderabad CDR Data Centre

1. IVRS and CCPS system @ CDR Data Center – Hyderabad(To be installed at Data Center )

(Refer SECTION 3 PART B)

Sl. No Item Remarks

DETAILSQuantity

1.01Core IVRS & CCPS Solution for Agents (Voice Blended Agents)+Supervisor

Software Licenses

650 (agent)+

50 (supervisor

1.02 IVR Ports for Inbound Self Service & Outbound Blaster

Software Licenses 6000

1.03Outbound Dialer Ports


1.04

Email AgentsSoftware Licenses 200

1.05Web Chat & Social Agents


1.06Voice Recording Software

Licenses

100% Voice RecordingWith 1 months retention

650 agents

1.07

Screen Recording Software Licenses

5% Screen RecordingWith 6 months retention

50 agents

1.08SIP Gateways Hardware N + 1 As per sizing to be

specified by bidder

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1.09Servers Hardware N + 1 As per sizing to be

specified by bidder

1.10

Storage

Hardware

Minimum 10TB Mid tier storage complying to

TEC/GR/IT/DSI-001/04/DEC 2015

1.11 Other software licenses (Operating Systems, Database, Virtualization software, antivirus)

Software 1 Set As per sizing to be specified by bidder

1.12Data Center L3 Switch Hardware 1 + 1 2

1.13WAN Router Hardware 1 + 1 2

1.14Network Firewall Hardware 1 + 1 2

1.15Load Balancer Hardware 1 + 1 2

1.16Softphones Software

Licenses 40

1.17Racks Hardware 1 Set As per sizing to be

specified by bidder

Note: Support agreement & teaming agreement is required for IVRS & CCPS System

2. Services – (For IVRS & CCPS system at Hyderabad) **

Services DETAILS Minimum

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Quantity

2.1 Installation, Commissioning & Migration of main IVRS & CCPS system (both hardware and software ) and allied items , software customization, integration with existing CDR systems & contact centers

1 set

1. Annual Maintenance Contract (For IVRS and CCPS system at Hyderabad )(Refer SECTION 5 PART C)

Component Details Quantity

3.1 Main IVRS & CCPS system equipment any other item and allied software.

Year 1 1 Set

Year 2 1 set

Year 3 1 set

Year 4 1 set

Year 5 1 set

Year 6 1 set

Year 7 1 set

Note: 1) Payment for AMC shall be calculated on the basis of cost of equipment actually supplied.2) The bidder shall provide a table in the price schedule, indicating different items covered in AMC, against each clause of table above. For evaluation purposes, the AMC cost, optional items shall also be included, but payment shall be as per actual. Any item not included in this list shall be treated to have AMC cost as nil.

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2. Documentation( To be supplied with Data Center equipment)

DOCUMENTATION DETAILS Minimum Quantity

4.1 Hard Copy 5

4.2 Soft Copy 5

3. Any other items required for the Project.

Item DETAILS Minimum Quantity

5.1 As per the requirement


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Main IVRS and CCPS System at CDR Data Centre Pune

4. IVRS and CCPS system @ CDR Data Center- Pune (To be installed at Data Center )

(Refer SECTION 3 PART B)

Item Remarks

DETAILS(to be provided by

bidder) Quantity

6.01 Core IVRS & CCPS Solution for Agents (Voice Blended Agents)+Supervisor

Software Licenses

Included in Production site at

Hyderabad

6.02 IVR Ports for Inbound Self Service & Outbound Blaster

Software Licenses


Hyderabad

6.03Outbound Dialer Ports

Software Licenses


Hyderabad

6.04

Email AgentsSoftware Licenses


Hyderabad

6.05Web Chat & Social Agents

Software Licenses


Hyderabad

6.06

Voice Recording Software Licenses

100% Voice RecordingWith 1 months retention


Hyderabad

6.07

Screen Recording Software Licenses

5% Screen RecordingWith 6 months retention


Hyderabad

6.08SIP Gateways Hardware N + 1 As per sizing to be

specified by bidder

6.09Servers Hardware N + 1 As per sizing to be

specified by bidder

6.10 Storage Hardware Minimum 10TB Mid tier storage complying to

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TEC/GR/IT/DSI-001/04/DEC 2015

6.11 Other software licenses (Operating Systems, Database, Virtualization software, antivirus)

Software 1 Set As per sizing to be specified by bidder

6.12 Data Center L3 Switch Hardware 1 + 1 2

6.13WAN Router Hardware 1 + 1 2

6.14Network Firewall Hardware 1 + 1 2

6.15Load Balancer Hardware 1 + 1 2

6.16

SoftphonesSoftware Licenses


Hyderabad

6.17Racks Hardware 1 Set As per sizing to be

specified by bidder

Note: Support agreement & teaming agreement is required for IVRS & CCPS System.

5. Services – (For IVRS system @ CDR data centre Pune)

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Services DETAILS Minimum Quantity

7.1 Installation, Commissioning & migration of main IVRS & CCPS system (both hardware and software ) and allied items , software customization, integration with existing CDR systems & contact centers

1 Set

6. Annual Maintenance Contract (For IVRS system @ CDR date centre Pune(Refer SECTION 5 PART C)


8.1 DR IVRS & CCPS system equipment any other item (table 10) and allied software.

Year 1 1 Set

Year 2 1 set

Year 3 1 set

Year 4 1 set

Year 5 1 set

Year 6 1 set

Year 7 1 set


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9.1 Hard Copy 5

9.2 Soft Copy 5





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Peripheral IVRS and CCPS System at CDR Data Centre Kolkata

9. IVRS and CCPS system @ CDR Data Center Kolkatta(To be installed at Data Center )

(Refer SECTION-3 – PART- B)

Item Remarks


bidder) Quantity

11.1SIP Gateway Hardware N + 1 As per sizing to be

specified by bidder

11.2 Any other Hardware Hardware 1 Set As per scope

11.3 Any other Software Software 1 Set As per scope

11.4 WAN Router Hardware 1 + 1 2

Note: Support agreement & teaming agreement is required for IVRS and CCPS system.

10. Services – (For IVRS system at CDR data centre Kolkata) **


12.1 Installation, Commissioning & migration of peripheral IVRS & CCPS system and allied Software, software customization, integration and migration of existing services and functionalities and provision of extra functionalities and features asked in this tender etc.

1 set

11. Annual Maintenance Contract(for IVRS at CDR data centre Kolkata )(Refer SECTION 5 PART C)


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13.1 Peripheral IVRS system equipment, DC Rectifier, any other item and allied software

Year 1 1 Set

Year 2 1 set

Year 3 1 set

Year 4 1 set

Year 5 1 set

Year 6 1 set

Year 7 1 set


12. Documentation(To be supplied with Data Center equipment)


14.1 Hard Copy 5

14.2 Soft Copy 5

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Peripheral IVRS and CCPS System at CDR Data Centre Chandigarh Bidders have to give un-priced detailed Bill of Material for all the quoted Hardware and Software items along with the techno-commercial bid and same priced Bill of Material of all the quoted hardware and software items in financial bid.

14. IVRS and CCPS system @ CDR Data Center Chandigarh(To be installed at Data Center )

(ReferSECTION-3 – PART- B)

Item Remarks


bidder) Quantity

16.1 SIP Gateway N+1 As per scope16.2 Any other Hardware Hardware 1 Set As per scope

16.3 Any other Software Software 1 Set As per scope

16.4 WAN Router Hardware 1+1 2

Note: Support agreement & teaming agreement is required for IVRS and DC Rectifier.

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15. Services – (IVRS system @ CDR data centre Chandigarh) **


17.1 Installation, Commissioning & migration of Peripheral IVRS & CCPS system and allied Software, software customization, integration and migration of existing services and functionalities and provision of extra functionalities and features asked in this tender etc.

1 set

16. Annual Maintenance Contract (For IVRS system @ CDR data centre Chandi-garh

(Refer SECTION 5 PART C)


18.1 Peripheral IVRS and CCPS system equipment, DC Rectifier, any other item (table 5) and allied software.

Year 1 1 Set

Year 2 1 set

Year 3 1 set

Year 4 1 set

Year 5 1 set

Year 6 1 set

Year 7 1 set

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19.1 Hard Copy 5

19.2 Soft Copy 5





Note 1: IVRS and CCPS shall be quoted as per the technical details in the tender.

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

Note 3: The minimum amount of Installation & Commissioning excluding integration charges for IVRS & CCPS to be taken for evaluation purpose shall be 10% of equipment cost (excluding input tax credit under GST i.e. net cost to BSNL). However ordering price will be arrived as per the actual quoted rates.

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Note 4: The minimum amount of yearly AMC charges for IVRS & CCPS to be taken for evaluation purpose shall be 7% of equipment cost (excluding input tax credit under GST i.e. net cost to BSNL). However, AMC ordering price will be arrived as per the actual quoted rates.

Note 5: As this is a turnkey project, the bidder must include and quote for all the required Hardware, Software, License and Subscription components required for the offered solution. For this purpose “any other item” shall be used. In case, the bidder does not include and quote for any required component and it is discovered later that this component is required to deliver the functional requirement of tender, then the bidder has to supply, install and configure that component free of cost.Note 6: All components in the solution will have to be covered under one year on-site warranty and thereafter under Comprehensive AMC support for seven years. All updates ,version upgrades, subscription feeds, remote and on-site configuration support will have to be made available without any additional costs during the warranty period and the AMC period.Note-7: Bidder shall study the existing CDR data center setup of BSNL and the various services integrated so that the migration from old IVRS system to the New IVRS and CCPS is without disturbance. For this purpose bidder shall contact office of CGM ITPC circle Pune.Note 8: Bidder, from the OEM of the IVRS and CCPS software, shall submit the sizing of hardware system as per annexure to be supplied and hardware shall be quoted accordingly.

Note 9: No High Sea Sales is allowed.

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Section 4 Part AGENERAL INSTRUCTIONS TO BIDDERS (GIB)

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

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

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

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

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

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

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

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

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

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

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

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

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

4.2 The Bidder is expected to examine all instructions, forms, terms and specifications in the Bid Documents. Failure to furnish all information required as per the Bid Documents or

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submission of the bids not substantially responsive to the Bid Documents in every respect will be at the bidder’s risk and may result in rejection of the bid.

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

Purchaser in writing i.e. by Email as well as by FAX to the Purchaser as indicated in the DNIT i.e. Section-1. The Purchaser shall respond in writing to any request for the clarification of the Bid Documents, which it receives 21 days prior to the date of opening of the Tenders. Copies of the query (without identifying the source) and clarifications by the Purchaser shall be sent to all prospective bidders and shall also be uploaded on ETS portal, as addendum, for all the prospective bidders who have downloaded the official copy of tender documents from ETS portal.

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

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

Bidder query

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

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

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

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

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

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

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

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

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

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

Duty, Goods & Services Tax on packing, forwarding, freight and insurance etc. The basic unit price and all other components of the price need to be individually indicated up to two decimal points only against the goods it proposes to supply under the contract as per the price schedule given in Section 9 Part II. Prices of incidental services

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should also be quoted. The offer shall be firm in Indian Rupees. No Foreign exchange will be made available by the purchaser.

9.2 Prices indicated in the Price Schedule shall be entered in the following manner:(i) Assesible Value, BCD, Cesses, IGST, Basic Unit price including BCD/Cesses/Other

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

h) Certificates from all Directors of the bidder stating that none of their near relatives are working in BSNL in accordance with clause 33.

i) Certificate of incorporation.j) Article or Memorandum of Association or partnership deed or proprietorship deed

as the case may be.

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k) List of all Directors including their name(s), Director Identification Number(s) (DIN) and address (es) along with contact telephone numbers of office and residence.

l) Registration certificate from State Director of Industries or from Secretariat for Industrial Assistance (SIA), Ministry of Industries, Government of India.

m) Approval from Reserve Bank of India/ SIA in case of foreign collaboration.

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

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

capability necessary to perform the contract.

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

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

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

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

11. DOCUMENTS ESTABLISHING GOOD’S CONFORMITY TO BID DOCUMENTS11.1 Pursuant to clause 7 above, the bidder shall furnish, as part of its bid, documents

establishing the conformity of its bid to the Bid Documents of all goods and services which he proposes to supply under the contract.

11.2 The documentary evidences of the "goods and services" conformity to the Bid Documents may be, in the form of literature, drawings, data etc. and the bidder shall furnish:(a) a detailed description of goods with essential technical and performance

characteristics;(b) a list, giving full particulars including available sources and current prices of all

spare parts, special tools, etc., necessary for the proper and continuous functioning of the goods for a period of three years following commencement of use of the goods by the purchaser, and

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

11.3 For the purpose of compliance to be furnished pursuant to the clause 11.2(c) above, the bidder shall note that the standards for the workmanship, material and equipment

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and reference to the brand names or catalogue number, designated by the Purchaser in its Technical specifications are intended to be descriptive only and not restrictive.

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

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

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

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

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

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

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

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

12.6 The successful bidder's bid security will be discharged upon the bidder's acceptance of the advance purchase order satisfactorily in accordance with clause 27 and furnishing the performance security, except in case of L-1 bidder, whose EMBG/EMD shall be released only after the finalization of ordering of complete tendered quantity in pursuance to clause no. 24 & 27.3 of this section.

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

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

b. In the case of successful bidder, if the bidder fails to sign the contract in accordance with clause 28;

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

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

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

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

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

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

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

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

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

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

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

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

15. SEALING AND MARKING OF BIDS: 15.1 The bid should be submitted as per Clause 3 of tender information. 15.1.1 The bids shall be called under Single Stage Bidding & Two Envelope System.15.1.2 In Single stage bidding & two envelopes system, the bidder shall submit his bid in two

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

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

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

15.2 a) The envelopes shall be addressed to the purchaser inviting the tender. of 359


Solution (CCPS)

i) In case of tenders invited by MMT section of BSNL CO, the Purchaser Address shall be: DGM (MMT), Bharat Sanchar Nigam Limited (Corporate Office),

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

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

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

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

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

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

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

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

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

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

16. SUBMISSION OF BIDS16.1 Bids must be submitted by the bidders on or before the specified date & time indicated

in Clause 6 of Section-I i.e. DNIT.16.2 The Purchaser may, at its discretion, extend this deadline for the submission of bids by

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

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

17. LATE BIDS

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No bid shall be accepted online by the Electronic Tender System® (ETS) after the specified deadline for submission of bids prescribed by the purchaser.

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

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

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

bids.19. OPENING OF BIDS BY PURCHASER 19.1 The purchaser shall open bids online (in case of e-Tenders) or physically (in case of

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

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

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

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

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

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

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

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

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e) Taxes & levies

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

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

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

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

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

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

21.2 Arithmetical errors shall be rectified on the following basis. Based on the quoted percentage of duties and taxes, Freight etc. the amounts quoted thereof shall be worked out and rounded off to 2 decimal points. In case the unit price quoted in column 20 does not tally with its breakup quoted as in column 11+13+[(15+17) or 19], the same shall be corrected by summing up the breakups. If there is a discrepancy between the unit price and total price that is obtained by multiplying the unit price and quantity, the unit price shall prevail and the total price shall be corrected by the purchaser.

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

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

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

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

21.7 Proof for Applicable rates of SGST, CGST and IGST (as applicable) shall have to be submitted by bidders along with the financial bids.

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

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Solution (CCPS)

22.2 The evaluation and comparison of responsive bids shall be done on the basis of Net cost to BSNL on the prices of the goods offered along with all applicable Taxes, packing Forwarding Freight & Insurance charges etc. as arrived in Col 23 of Price schedule in Section 9 Part-II (Imported items) of the Bid-document after arithmetical correction in the manner laid down in clause 21.2 above but excluding taxes which are creditable to BSNL. Further, the bidder is also required to mention the taxes (if any) applicable on the movement of Goods.

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

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

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

(d) The purchaser reserves the right to ask the bidders to submit documentary proof confirming the correct HSN or SAC classification/ Customs Tariff Head from the CGST/SGST/IGST officer or Customs authority where the HSN or SAC classification/ Customs Tariff Head furnished against the particular tendered item by different bidders, differs from each other or the same is found apparently not furnished in accordance with GST Act/Customs Tariff notifications.

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

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

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

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

relating to its bid, from the time of the bid opening till the time the contract is awarded.

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23.2 Any effort by a bidder to modify his bid or influence the purchaser in the purchaser’s bid evaluation, bid comparison or contract award decision shall result in the rejection of the bid.

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

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

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

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

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

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

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

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

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

to enter into contract with the bidder.

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27.2 The bidder shall within 14 days of issue of the advance purchase order, give its acceptance along with performance security in conformity with the proforma provided with the bid document at Section-7B.

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

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

Failure of the successful bidder to comply with the requirement of clause 27 and 28 shall constitute sufficient ground for the annulment of the award and the forfeiture of the bid security in which event the Purchaser may make the award to any other bidder at the discretion of the purchaser or call for new bids.

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

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

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

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

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

product which don't conform to specifications.(g) Configuration management and change-control mechanism.(h) A quality plan for the product. (i) Periodical internal quality audits.(j) A 'Quality Manual' detailing the above or infrastructure assessment certificate

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The bidder will ensure that all the documents and certificates, including experience/ performance and self certificates submitted by him are correct and genuine before enclosing them in the bid. The onus of proving genuineness of the submitted documents would rest with the bidder. If any document/ paper/ certificate submitted by the participant bidder is found / discovered to be false / fabricated / tempered / manipulated either during bid evaluation or during award of contract or thereafter, then the Purchaser will take action as per Clause-1 of Appendix-1 of this section.

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

Appendix-1 to Section 4 Part A

S. No.

Defaults of the bidder / vendor. Action to be taken

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

Vendor. ii) Banning of business for 3 years which implies barring further dealing with the vendor for procurement of Goods & Services including participation in future tenders

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

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invited by BSNL for 3 years from date of issue of banning order. iii) Termination/ Short Closure of PO/WO, if issued. This implies non-acceptance of further supplies / work & services except to make the already received material work/ complete work in hand.

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

and detection of default at any stage from receipt of bids till award of APO/ issue of PO/WO.

Note 1:- However, in this case the performance guarantee if alright will not be forfeited.

Note 2:- Payment for already received supplies/ completed work shall be made as per terms & conditions of PO/ WO.

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

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

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

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

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

1(b) contd.

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

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

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

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

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

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

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

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

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

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

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

Forfeiture of EMD.

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

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

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

i) Short Closure of PO/ WO to the quantity already received by and/ or commissioned in BSNL and/ or in pipeline provided the same is usable and/or the Vendor promises to make it usable. ii) Under take purchase/ work for balance quantity at the risk & cost of defaulting vendor. iii) Recover the excess charges if incurred from the PG/ SD and outstanding bills of the defaulting Vendor.

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

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

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from outstanding dues of vendor including PG/ SD.

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

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

6 Submission of claims to BSNL against a contract

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

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

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

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

disbursed by BSNL or not.7 Network Security/ Safety/ Privacy:- If the

vendor tampers with the hardware, software/ firmware or in any other way that

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

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

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

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

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

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endangers the security of India.8 If the vendor is declared bankrupt or

insolvent or its financial position has become unsound and in case of a limited company, if it is wound up or it is liquidated.

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

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

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

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10

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

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

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

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

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

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

12 The following cases may also be considered for Banning of business:

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

(a) If there is strong justification for believing that the proprietor, manager, MD, Director, partner, employee or representative of the vendor/ supplier has been guilty of malpractices such as bribery, corruption, fraud, substitution of tenders, interpolation, misrepresentation with respect to the contract in question.(b) If the vendor/ supplier fails to execute a contract or fails to execute it satisfactorily beyond the provisions of Para 4.1 & 4.2.

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

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

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

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

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

Section 4 Part B

SPECIAL INSTRUCTIONS TO BIDDERS

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

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

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Solution (CCPS)

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

3. Distribution of Quantity

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

4. Tender Evaluation (also read clause-21 & 22 of Section 4 Part A of the Tender Document )

4.1 Single financial bid for the IVRS & CCPS system for CDR Project-I and CDR project-II shall be submitted.

4.2 The tender will be evaluated as a package of all the items in price schedule (Section 9 Part II) including installation and commissioning charges, AMC, O&M, optional items and any other item quoted by the bidder.

4.3 Though the prices of optional item/s have been separately asked for, the cost of Optional item/s shall be included for evaluation of the Tender unless otherwise specified. BSNL reserves the right to procure or not to procure the optional items.

4.4 In case any item is not quoted by a Bidder, the bid will be loaded by the highest price quoted in its own bid. In case the price is not available in its own bid then the loaded price shall be the highest price quoted by any of the bidders for that item. The loaded item shall be supplied free of cost by the bidder.

4.5 In case quantity of any item is over specified by a Bidder, other than “any other item” then the bid will be proportionately de-loaded based on the quoted unit price. The PO will be placed for the quoted total price after accounting for deductions for de-loaded items. In case no price is available for the item to be de-loaded then no de-loading shall be done.

4.6 For bid evaluation purpose, the total AMC cost shall be arrived at by accounting for the cost of loaded/de-loaded items on pro-rata basis. However, the AMC cost shall not be paid for all items supplied free of cost on account of the loading. The same principle shall be applied for the cost towards services and all other items that are quoted on percentage basis or flat cost.

4.7 BSNL reserves the right to ask the bidder to validate any technical parameter in a laboratory environment at the time of evaluation of the Technical bid, at the cost of the bidder.

4.8 Evaluation of the cost of AMC :

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a) The bidder shall quote Comprehensive AMC Charges for each year in the price bid.

b) AMC charges shall be considered in evaluation of price bid, by applying a discounted rate of 12% per year to arrive at the NPV (Net Present Value).

c) The calculation for NPV of AMC shall be done as follows:

Net Present Value (NPV) of AMC for equipments = Quoted rates for AMC for 1st year / (1.12)2 + Quoted rates for AMC for 2nd year / (1.12)3 + Quoted rates for AMC for 3rd year / (1.12)4 + Quoted rates for AMC for 4th year / (1.12)5 + Quoted rates for AMC for 5th year / (1.12)6 + Quoted rates for AMC for 6th year / (1.12)7 + Quoted rates for AMC for 7th year / (1.12)8

Section 4 Part C of 359


Solution (CCPS)

SPECIAL INSTRUCTIONS TO BIDDERS for E-tendering

1. General1.1 The Special Instructions (for e-Tendering) supplement ‘Instruction to Bidders’, as given

in these Tender Documents. Submission of Online Bids is mandatory for this Tender.1.2 E-Tendering is a new methodology for conducting Public Procurement in a secured

manner. Suppliers/ Vendors will be the biggest beneficiaries of this new system of procurement. For conducting electronic tendering, BSNL has decided to use the portal (https://www.tcil-india-electronictender.com) of M/s TCIL, a Government of India Undertaking.

1.3 Benefits to Suppliers are outlined on the Home-page of the portal.2. Instructions25.1 Tender Bidding Methodology: – ‘Single Stage Bidding, Two stage opening using

– Two Electronic Envelopes’.3. Broad outline of activities from Bidders’ prospective:3.1 Procure a Digital Signing Certificate (DSC)3.2 Register on Electronic Tendering System® (ETS) 3.3 Create Users and assign roles on ETS3.4 View Notice Inviting Tender (NIT) on ETS3.5 Submit Tender fee and NDA offline to BSNL3.6 Download Official Copy of Tender Documents from ETS3.7 Attend training on e-tendering to be arranged by BSNL(optional)3.8 Clarification to Tender Documents on ETS3.9 Query to BSNL (Optional) 3.10 View response to queries/clarifications posted by BSNL as addenda3.11 Bid-Submission on ETS3.12 Attend Public Online Tender Opening Event (TOE) on ETS3.13 Opening of Technical-Part3.14 View Post-TOE Clarification posted by BSNL on ETS 3.15 Respond to BSNL’s Post-TOE queries3.16 Attend Public Online Tender Opening Event (TOE) on ETS3.17 Opening of Financial-Part (Only for Technical Responsive Bidders)4. Other Instructions (truncated)

For participating in this Tender online, the following instructions are to be read carefully. These instructions are supplemented with more detailed guidelines on the relevant screens of the ETS.

5. Digital CertificatesFor integrity of data and authenticity/ non-repudiation of electronic records, and to be complaint with IT Act 2000, it is necessary for each user to have a Digital Certificate (DC) also referred to as Digital Signature Certificate (DSC), of Class 2 or above, issued by a Certifying Authority (CA) licensed by Controller of Certifying Authorities (CCA) [refer http://www.cca.gov.in].

6. Registration

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http://www.cca.gov.in/


To use the ElectronicTender® portal (https://www.tcil-india-electronictender.com) vendors need to register on the portal. Registration of each organization is to be done by one of its senior persons who will be the main person coordinating for the e-tendering activities. In ETS terminology, this person will be referred to as the Super User (SU) of that organization. For further details, please visit the website/portal, and click on the ‘Supplier Organization’ link under ‘Registration’ (on the Home Page), and follow further instructions as given on the web site. Pay Annual Registration Fee as applicable.[Note: After successful submission of Registration details and Annual Registration Fee (Rs 6000/- plus service tax as applicable, payable etc TCIL), please contact TCIL Helpdesk (as given below), to get your registration accepted/activated].

TCIL HelpdeskTelephone (011) 26202699 (Multiple Lines)

[between 9:30 hrs to 18:00 hrs on working days]Emergency Mobile Nos. 98683 93717 / 98683 93775 / 98683 93792E-mail ID [email protected]

7. Some Bidding related Information for this Tender (Sealed Bid)(a) Procurement of Official Copy of Tender Document/ addendum

After the process of registration on ETS portal, , those Bidders who have already procured Tender document offline from MM Cell, BSNL C.O, New Delhi or have downloaded it from BSNL website, would download the official copy of the same Tender Document/ addendum online from the e-tendering portal.

(b) Online Submission of BidsThe entire bid-submission would be online on ETS. Broad outline of submissions are as follows:i) Submission of information about Bid Security/ Earnest Money Deposit (EMD) being submitted ‘offline’ on or before the date & time of submission of bids.ii) Submission of digitally signed copy of Tender Documents/ Addenda

(c) Submission of Two Electronic Envelopesi) Technical-Part

ElectronicForms-Mandatory Main-Bid-Mandatory Bid-Annexures (Optional)

ii) Financial-Part ElectronicForms-Mandatory Main-Bid-Mandatory Bid-Annexures (Optional)

(Financial price schedule should be uploaded as Main Bid in this part and it should not be uploaded again in the Bid annexures. If a bidder does so then price schedule as per ‘Main Bid’ only, shall be taken into consideration during financial evaluation.

NOTE:Bidder must ensure that after above submissions & all other functional steps of the ETS portal the status of bid submission must become – “Complete”. It should be noted that only when ‘Status pertaining overall bid submission’ becomes ‘Complete’ then only the bid of a bidder appears in the Electronic Tender Box on ETS portal and can be opened by tender opening committee of BSNL. Even if a bidder submits some parts (as per ETS portal) of the online bid are submitted these will not be transferred to Electronic tender Box until all the steps are completed and ‘Status pertaining overall bid submission’ becomes ‘Complete’. After status pertaining ‘Status pertaining overall bid submission’ becomes ‘Complete’ may generate a receipt for ‘Confirmation of final bid submission’ on ETS portal.

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tel:+91-11-26241071


Bidders should refer to User Manual for SO (Supplier Organization) in USER GUIDANCE link of ETS portal and follow all Do’s and Don’ts and other essential settings & guidelines.Bidders must ensure that all documents uploaded on e-tender portal as files or zipped folders, contain valid files and are not corrupt or damaged due to any processing at bidder PC system like zipping etc. It shall be the responsibility of bidder himself for proper extractability of uploaded zipped files. Any error/ virus creeping into files/folder from client end PC system cannot be monitored by e-tender software/ server and will be bidder’s responsibility only.In case the files are non-extractable or illegible otherwise, then the bidder’s authorized representative shall be given one chance by Tender Opening Committee to open & demonstrate the contents of bid data downloaded from the e-tender portal in his presence.

If, even after above chance, the bidder is unable to open & demonstrate the contents of bid data downloaded from the e-tender portal in his presence then no fresh bid in any form, soft or hard copies, shall be accepted by tendering authority and his bid shall be summarily rejected and treated as non-responsive.

8. Offline Submissions:The Bidder is requested to submit the original documents as per clause 4 of section 2 offline to DM (MMT), BSNL Corporate Office, 2nd Floor, Bharat Sanchar Bhawan, Janpath, New Delhi – 110001 on or before the Bid Closing Date specified in covering letter of this Tender Document, in a sealed envelope. The envelope shall bear (the Tender/Project name), the tender number and the words ‘DO NOT OPEN BEFORE’ (due date & time). (a) Bid Security.(b) Tender Fee(c) Power of attorney in accordance with clause 14 of Section-4 Part A.

Note: The Bidder has to upload the Scanned copy of all above said original documents as Bid-Annexure during Online Bid-Submission except Pass-phrases for technical & financial bid parts in separate sealed envelopes.

9. Special Note on Security of Bids9.1 Security related functionality has been rigorously implemented in ETS in a multi-

dimensional manner. Starting with 'Acceptance of Registration by the Service Provider', provision for security has been made at various stages in Electronic Tender's software. Specifically for Bid Submission, some security related aspects are outlined below.

9.2 As part of the Electronic Encrypter™ functionality, the contents of both the ‘Electronic Forms’ and the ‘Main-Bid’ are securely encrypted using a Pass-Phrase created by the Bidder himself. Unlike a ‘password’, a Pass-Phrase can be a multi-word sentence with spaces between words (eg I love this World). A Pass-Phrase is easier to remember, and more difficult to break. It is recommended that a separate Pass-Phrase be created for each Bid-Part. This method of bid-encryption does not have the security and data-integrity related vulnerabilities which are inherent in e-tendering systems which use Public-Key of the specified officer of a Buyer organization for bid-encryption. Bid-encryption in ETS is such that the Bids cannot be decrypted before the Public Online Tender Opening Event (TOE), even if there is connivance between the concerned tender-opening officers of the Buyer organization and the personnel of e-tendering service provider.

9.3 Typically, ‘Pass-Phrase’ of the Bid-Part to be opened during a particular Public Online Tender Opening Event (TOE) is furnished online by each Bidder during the TOE itself, when demanded by the concerned Tender Opening Officer.

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9.4 It is important for the bidder to keep a safe record of his Pass-phrases. It is the RESPONSIBILITY of the bidder to provide the CORRECT PASS-PHRASE for decrypting his bid part. In case the bidder is unable to provide the correct pass-phrase during the TOE, it will not be possible to open his bid and as his bid will be REJECTED (i.e. Archived Un-opened). Before rejection in such a situation, the bidder will be given opportunity to himself enter the pass-phrase from his own office or from BSNL’s office if his representative is physically present there.

9.5 There is an additional protection with SSL Encryption during transit from the client-end computer of a Supplier organization to the e-tendering server/ portal.

10. Public Online Tender Opening Event (TOE) 10.1 ETS offers a unique facility for ‘Public Online Tender Opening Event (TOE)’. Tender

Opening Officers as well as authorized representatives of Bidders can attend the Public Online Tender Opening Event (TOE) from the comfort of their offices. Alternatively, duly authorized representatives of Bidders (i.e. Supplier organization) are requested to carry a Laptop with Wireless Internet Connectivity, if they wish to come to BSNL office for the Public Online TOE.

10.2 Every legal requirement for a transparent and secure ‘Public Online Tender Opening Event (TOE)’ has been implemented on ETS.

10.3 As soon as a Bid is decrypted with the corresponding ‘Pass-Phrase’ as submitted online by the Bidder himself (during the TOE itself), salient points of the Bids are simultaneously made available for downloading by all prospective Bidders. The tedium of taking notes during a manual ‘Tender Opening Event’ is therefore replaced with this superior and convenient form of ‘Public Online Tender Opening Event (TOE)’.

10.4 ETS has a unique facility of ‘Online Comparison Chart’ which is dynamically updated as each online bid is opened. The format of the chart is based on inputs provided by the Buyer for each Tender. The information in the Comparison Chart is based on the data submitted by the Bidders. A detailed Technical and/ or Financial Comparison Chart enhances Transparency. Detailed instructions are given on relevant screens.

10.5 ETS has a unique facility of a detailed report titled ‘Minutes of Online Tender Opening Event (TOE)’ covering all important activities of ‘Online Tender Opening Event (TOE)’. This is available to all prospective Bidders for ‘Viewing/ Downloading’.

10.6 There are many more facilities and features on ETS. For a particular tender, the screens viewed by a Supplier will depend upon the options selected/programmed by the Purchaser for the relevant tender. IMPORTANT NOTE: In case of internet related problem at a bidder’s end, especially during ‘critical events’ such as – a short period before bid-submission deadline, during online public tender opening event, during e-auction, it is the bidder’s responsibility to have backup internet connections. In case there is a problem at the e-procurement/ e-auction service-provider’s end (in the server, leased line, etc) due to which all the bidders face a problem during critical events, and this is brought to the notice of BSNL by the bidders in time, then BSNL will promptly re-schedule the affected event(s).

11. Other Instructions11.1 For further instructions, the vendor should visit the home-page of the portal

(https://www.tcil-india-electronictender.com) and go to the User-Guidance Center11.2 The help information provided through ‘ETS User-Guidance Center’ is available in

three categories – Users intending to Register / First-Time Users, Logged-in users of Buyer organizations, and Logged-in users of Supplier organizations. Various links are provided under each of the three categories.

11.3 It is strongly recommended that all authorized users of Supplier organizations should thoroughly peruse the information provided under the relevant links, and take appropriate action. This will prevent hiccups, and minimize teething problems during the use of ETS.

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11.4 The following ‘FOUR KEY INSTRUCTIONS for BIDDERS’ must be assiduously adhered to: (a) Obtain individual Digital Signing Certificate (DSC or DC) well in advance of

your first tender submission deadline on ETS(b) Register your organization on ETS well in advance of your first tender

submission deadline on ETS.(c) Get your organization’s concerned executives trained on ETS well in advance

of your first tender submission deadline on ETS(d) Submit your Bids well in advance of tender submission deadline on ETS

(There could be last minute problems due to internet timeout, breakdown, et al).

(e) While the first three instructions mentioned above are especially relevant to first-time users of ETS, the fourth instruction is relevant at all times.

12. Minimum Requirements at Bidders end12.1 Computer System with good configuration (Min PIV, 1 GB RAM, Windows XP)12.2 Broadband connectivity 12.3 Microsoft Internet Explorer 6.0 or above12.4 Digital Certificate(s)13. Training Program 13.1 One day training (10:00 to 17:00) would be provided as per the following table.

Training is optional but is advisable for first time users .13.2 The prospective Bidders are requested to carry a Laptop and Wireless

Connectivity to Internet.Scheduled Date Date of uploading of Tender document + 7 daysVenue BSNL Corporate Office,

Bharat Sanchar Bhawan, Janpath, New Delhi – 110001

Training Charges(Per Participant)

Rs. 2,500/- (plus GST as applicable)

14. In case there is any discrepancy between information entered in the electronic form and that as per the document uploaded, then information as per uploaded documents shall prevail over the information in electronic form.

Section 5 Part A

GENERAL (COMMERCIAL) CONDITIONS OF CONTRACT (GCC)

1. General Conditions of Contract:The General Conditions of Contracts provide the terms and conditions applicable to the Supplier for the supply of Goods and the provision of Services.

2. STANDARDSThe Goods and Services supplied under the Contract shall conform to the standards prescribed in the Technical Specifications mentioned in Section-3 Part B.

3. PATENT RIGHTS

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The Supplier shall indemnify the Purchaser against all third-party claims of infringement of patent, trademark or industrial design rights arising from use of the Goods and/or Services or any part thereof in Indian Telecom Network.

4. PERFORMANCE SECURITY

4.1 All suppliers (including MSEs who are registered with the designated MSME bodies, like National Small Scale Industries Corporation etc. shall furnish performance security to the purchaser as per clause 27.2 of section 4 Part A within 14 days from the date of issue of Advance Purchase Order by the Purchaser.

4.2 The proceeds of the performance security shall be payable to the Purchaser as compensation for any loss resulting from the supplier's failure to complete its obligations under the contract.

4.3 The performance security Bond shall be in the form of Bank Guarantee issued by a scheduled Bank and in the proforma provided in 'Section-7B of this Bid Document.

4.4 The performance security Bond will be discharged by the Purchaser after completion of the supplier's performance obligations including any warranty obligations under the contract.

5. INSPECTION AND TESTS

5.1 The Purchaser or its representative shall have the right to inspect and test the goods as per prescribed test schedules for their conformity to the specifications. Where the Purchaser decides to conduct such tests on the premises of the supplier or its subcontractor(s), all reasonable facilities and assistance like Testing instruments and other test gadgets including access to drawings and production data shall be furnished to the inspectors at no charge to the purchaser.

5.2 Should any inspected or tested goods fail to conform to the specifications the purchaser may reject them and the supplier shall either replace the rejected goods or make all alterations necessary to meet Specification / requirements free of cost to the purchaser.

5.3 Notwithstanding the pre-supply tests and inspections prescribed in clause 5.1 & 5.2 above, the equipment and accessories on receipt in the Purchaser's premises will also be tested during and after installation before "take over" and if any equipment or part thereof is found defective, the same shall be replaced free of all cost to the purchaser as laid down in clause 5.4 below.

5.4 If any equipment or any part thereof, before it is taken over under clause 5.5, is found defective or fails to fulfill the requirements of the contract, the inspector shall give the Supplier notice setting forth details of such defects or failure and the supplier shall make the defective equipment good, or alter the same to make it comply with the requirements of the contract forthwith and in any case within a period not exceeding three months of the initial report. These replacements shall be made by the supplier free of all charges at site. Should it fail to do so within this time, the purchaser reserves the discretion to reject and replace at the cost of the supplier the whole or any portion of equipment as the case may be, which is defective or fails to fulfill the requirement of the contract. The cost of any such replacement made by the purchaser shall be deducted from the amount payable to the supplier.

5.5 When the performance tests called for have been successfully carried out, the inspector / ultimate consignee will forthwith issue a Taking Over Certificate. The inspector /ultimate consignee shall not delay the issue of any "taking Over Certificate" contemplated by this clause on account of minor defects in the equipment which do not materially affect the commercial use thereof provided that the supplier shall undertake to make good the same in a time period not exceeding six months. The

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Taking Over Certificate shall be issued by the ultimate consignee within six weeks of successful completion of tests. In this case, BCPC (Bills Copy Payable Challan) shall be equivalent to "Taking Over Certificate", issuance of which shall certify receipt of goods in safe and sound condition. However, they shall not discharge the supplier of their warranty obligation. BCPC in respect of last consignment against the purchase order will be equivalent to "Taking Over Certificate".

5.6 Nothing in clause 5 shall in any way release the Supplier from any warranty or other obligations under this contract.

6. DELIVERY AND DOCUMENTS

6.1 Delivery of the goods and documents shall be made by the supplier in accordance with the terms specified by the purchaser in its schedule of requirements and special conditions of contracts, and the goods shall remain at the risk of the supplier until delivery has been completed. The delivery of the equipment shall be to the ultimate consignee as given in the purchase order.

6.2 The delivery of the goods and documents shall be completed within time frame stated in Section-2 (Tender information).

6.3 All Technical assistance for installation, commissioning and monitoring of the equipment shall be provided by the Supplier at no extra cost during laboratory evaluation, validation/ type approval and field trial, if any.

6.4 The extension of delivery period against the purchase order, if any, should be granted subject to the condition that BSNL shall have the absolute right to revise the price(s) and also to levy penalty for the delayed supplies.

7. TRAINING

7.1 The bidder shall provide training for installation and maintenance staff of the purchaser free of cost where required.

7.2 The bidder shall specify in its bid the number of trainees, quantum of proposed training, pre-training qualifications required of the trainees and duration of the proposed training.

7.3 The bidder shall provide all training material and documents.

7.4 Conduct of training of the purchaser's personnel shall be at the suppliers' plant and/or on-site in assembly start-up operation, maintenance and/or repair of the supplied goods.

8. INCIDENTAL SERVICES

The Supplier may be required to provide any or all of the following Services:a. Performance or supervision of on-site assembly and/or start-up of the supplied

goods:b. Furnishing of tools required for assembly and/or maintenance of supplied goods:c. Performance of supervision or maintenance and/or repair of the supplied goods,

for a period of time agreed by the parties that this service shall not relieve the Supplier of any Warranty obligations under this Contract

9. SPARES

9.1 The supplier shall be required to provide a list of the following material and notifications pertaining to spare parts manufactured or distributed by the supplier of

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spares including cost and quantity considered for arriving at the price of spares in Section 4 Part A clause 9.

(a) Such spare parts as the purchaser may elect to purchase from the supplier provided that such purchase shall not relieve the supplier of any warranty obligation under the contract.

(b) In the event of termination of production of the spare parts, the supplier shall:(i) give advance notification to the purchaser pending termination (not less

than 2 years), in sufficient time to enable the purchaser to procure life time spare; and

(ii) Following such advance intimation of termination, furnish at no cost to the purchaser, the blue prints, drawings and specifications of spare parts, if and when requested.

10. WARRANTY

10.1 The supplier shall warrant that the stores to be supplied shall be new and free from all defects and faults in materials used, workmanship and manufacture and shall be of the highest grade and consistent with the established and generally accepted standards for materials of the type ordered and shall perform in full conformity with the specifications and drawings. The supplier shall be responsible for any defect that may develop under the conditions provided by the contract and under proper use, arising from faulty material, design or workmanship such as corrosion of the equipment, inadequate quantity of material to meet equipment requirements, inadequate contact protection, deficiencies in circuit design and/ or otherwise and shall remedy such defects at its own cost when called upon to do so by the Purchaser who shall state in writing in what respect the stores are faulty. This warranty shall survive inspection or payment for/ and acceptance of goods, but shall expire (except in respect of complaints notified prior to such date) twelve months after the stores have been taken over under clause 5.5 above.

10.2 If it becomes necessary for the Supplier to replace or renew any defective portion(s) of the equipment under this clause, the provisions of the clause 10.1 shall apply to the portion(s) of the equipment so replaced or renewed or until the end of the above mentioned period of twelve months, whichever may be later. If any defect is not remedied by the supplier within a reasonable time, the Purchaser may proceed to get the defects remedied from other supplier etc., at the supplier's risk and expenses, but without prejudice to any other rights which the purchaser may have against the supplier in respect of such defects.

10.3 Replacement under warranty clause shall be made by the supplier free of all charges at site including freight, insurance and other incidental charges.

11. PAYMENT TERMS 11.1 Payment of specified percentage of the price as stated in clause 5 of Section -2 (Tender

Information) shall be made on receipt of goods by consignee. For claiming this payment the following documents are to be submitted to the paying authority.

a) Invoice clearly indicating break up details of composite price i.e. Basic, Goods and Services Tax (GST), any other Duties and Taxes, Freight/Packing Charges, etc.

b) Acknowledged Delivery Challan in original.c) Inspection Certificate of QA (Payable copy in original), if applicabled) The sea freight receipt as per the rates approved by the Ministry of Water and Sur-

face Transport, if applicable.e) E-way bill as prescribed in the GST law in case of movement of goods f) Proof of payment of GST, if applicable.g) Timely uploading of correct and necessary information on GSTN portal is mandatory

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Solution (CCPS)

Note :- 1) If the supplier fails to furnish necessary supporting documents i.e. GST invoice / Customs invoices etc. and also fails to upload the information on GSTN in respect of the Duties/taxes for which input tax credit is available, the amount pertaining to such Duties/Taxes will be deducted from the payment due to the supplier.

2) Tax amount will be paid to the supplier only after supplier declares the details of the invoices in its return in GSTR 1 and GSTR-3 uploaded by the supplier and the same is reflected in GSTR-2A of BSNL on GSTN portal.

3) TDS/ TCS shall be deducted at the prescribed rate, if any (as the case may be). 4) BSNL can adjust/ forfeit Bank Guarantee obtained from the supplier against any loss

of input tax credit to BSNL on account of supplier's default. 5) In case BSNL has to pay GST on reverse charge basis, the supplier would not charge

GST on its invoices. Further, the supplier undertakes to comply with the provisions of GST law as may be applicable.

11.2 The balance payment shall be made within a period of 6 months from invoice date to ensure availability of input tax credit (ITC) & subject to condition that there are no damage/shortages. In those cases where such shortages/damages are intimated to the supplier in writing, the balance payment shall be released only after the cases are settled in accordance with the provision of the P.O.Further, in case of any dispute on the payment to be made to the supplier, the same shall be settled on or before the month of September following the end of financial year to which the invoice pertains.Additionally, in case the dispute is not settled due to any act of the supplier and input credit on the said invoice is lost by BSNL, the same shall be recovered from the supplier.

11.3 Necessary declaration, statutory forms (if any) shall be provided by BSNL to avail concessional rate of tax wherever applicable on the request of the bidder as and when asked for.

11.4 No payment will be made for goods rejected at the site on testing.11.5 The bidder has to give the mandate for receiving payment costing Rs.5 lakhs and above

electronically and the charges, if any, levied by bank has to be borne by the bidder/ contractor/supplier. The bidder company is required to give the following information for this purpose:-(a) Beneficiary Bank Name:(b) Beneficiary branch Name:(c) IFSC code of beneficiary Branch:(d) Beneficiary account No.:(e) Branch Serial No. (MICR No.):

12. PRICES

12.1 Prices charged by the supplier for goods delivered and services performed under the contract shall not be higher than the prices quoted by the Supplier in its Bid except for variation caused by change in taxes/ duties as specified in Clause-12.2 mentioned below.

12.2 For changes in taxes/ duties during the scheduled delivery period, the unit price shall be regulated as under:

(a) Prices will be fixed at the time of issue of purchase order as per taxes and statutory duties applicable at that time

(b) In case of reduction of taxes and other statutory duties during the scheduled delivery period, purchaser shall take the benefit of decrease in these taxes/ duties for the supplies made from the date of enactment of revised duties/taxes.

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(c)In case of increase in duties/taxes during the scheduled delivery period, the purchaser shall revise the prices as per new duties/ taxes for the supplies, to be made during the remaining delivery period as per terms and conditions of the purchase order.

12.3 Any increase in taxes and other statutory duties/ levies, after the expiry of the delivery date shall be to the supplier's account. However, benefit of any decrease in these taxes/duties shall be passed on to the Purchaser by the supplier. The total price is to be adjusted (by reducing the basic price) with increased duties and taxes as per price mentioned in PO.

13. CHANGES IN PURCHASE ORDERS

13.1 The Purchaser may, at any time, by a written order given to a Supplier, make changes within the general scope of the Contract in any one or more of the following:(a) Drawings, designs or specifications, where goods to be supplied under the

Contract are to be specifically manufactured for the Purchaser;(b) the method of transportation or packing;(c) the place of delivery; or (d) The services to be provided by the Supplier.

13.2 If any such change causes an increase or decrease in the cost and quantity of, or the time required for the execution of the Contract an equitable adjustment shall be made in the Contract Price or delivery schedule, or both, and the Contract shall accordingly be amended. Any proposal by the Supplier for adjustment under this clause must be made within thirty days from the date of the receipt of the change in order.

14. SUBCONTRACTS

The Supplier shall notify the Purchaser in writing of all subcontracts awarded under this Contract if not already specified in his Bid. Such notification, in his original bid or later shall not relieve the Supplier from any liability or obligation under the Contract.

15. DELAYS IN THE SUPPLIER’S PERFORMANCE

15.1 Delivery of the Goods and performance of the services shall be made by the Supplier in accordance with the time schedule specified by the purchaser in its purchase order. In case the supply is not completed in the stipulated delivery period, as indicated in the Purchase Order, purchaser reserves the right to short-close/ cancel this purchase order and/ or recover liquidated damage charges. The cancellation/ short-closing of the order shall be at the risk and responsibility of the supplier and purchaser reserves the right to purchase balance unsupplied item at the risk and cost of the defaulting vendors.

15.2 Delay by the Supplier in the performance of its delivery obligations shall render the Supplier liable to any or all of the following sanctions:

(a) forfeiture of its performance security, (b) imposition of liquidated damages, and/ or (c) Short closure of the contract in part or full and/ or termination of the contract for

default.

15.3 If at any time during the performance of the contract, the supplier encounters condition impending timely delivery of the goods and performance of service, the supplier shall:

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(a) Promptly notify to the Purchaser in writing the fact of the delay, its likely duration and its cause(s). As soon as practicable after receipt of the supplier's notice, the purchaser shall evaluate the situation and may at its discretion extend the period for performance of the contract (by not more than 20 weeks or as per provisions of clause 16.2 Section 5 Part A as per provision given below :

(b) The vendor has to submit their request for extension along with the undertaking as per clause 24 Section 5 Part A (Fall Clause) and a copy of QA inspection certificate at least two weeks before the expiry of delivery period. The vendor shall also submit unconditional acceptance of the conditions for delivery period extension i.e. applicability of liquidated damages, prices to be provisional and to be regulated as per clauses 12.3 and 24 of section 5 Part A and submission of additional BG, wherever applicable. The decision regarding extension shall be communicated within two weeks of the receipt of request and after receipt of the unconditional acceptance and the undertaking mentioned above.

(c) In case extension is being granted beyond 20 weeks then the vendor shall submit additional BG while seeking extension. For piecemeal items the amount of additional BG shall be 5% of the value of balance quantity of items to be supplied for which extension in delivery period has been sought. In case of infrastructure/turnkey projects other than as stated above, 1% of the total project value shall be the value for additional BG. The additional BG shall be valid for six months beyond extension of delivery period sought and shall be discharged after the full ordered quantity has been supplied to the ultimate consignee within the last extended delivery period on submission of inspection certificate from QA and consignee receipt without prejudice to the other remedies available to the purchaser.

(d) If the vendor fails to deliver the full ordered quantity even during extended delivery period then the PO shall be short-closed and the Performance Bank Guarantee as well as additional BG shall be forfeited.

(e) Format of (i) letters conveying conditions of DP extension and (ii) DP extension letter are at Section 7 Part A & Part B. .

15.4 If the supplies are not completed in the extended delivery period, the purchase order shall be short-closed and both the Performance securities shall be forfeited.

16. LIQUIDATED DAMAGES16.1 The date of delivery of the stores stipulated in the acceptance of the tender should be

deemed to be the essence of the contract and delivery must be completed not later than the dates specified therein. Extension will not be given except in exceptional circumstances. Should, however, deliveries be made after expiry of the contracted delivery period, without prior concurrence of the purchaser and be accepted by the consignee, such delivery will not deprive the purchaser of its right to recover liquidated damage under clause 16.2 below. However, when supply is made within 21 days of the contracted original delivery period, the consignee may accept the stores and in such cases the provision of clause 16.2 will not apply. Further, DP extension for this grace period of 21 days shall not be necessary.

16.2 While granting extension of delivery period as per clause 15.3, the liquidated damages shall be levied as follows:

(a) Should the supplier fails to deliver the store or any consignment thereof within the period prescribed and agreed for delivery, the purchaser, without prejudice to other remedies available to the purchaser shall be entitled to recover, as agreed

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liquidated damages for breach of contract, a sum equivalent to 0.5% of the value of the delayed supply and/ or undelivered material/ supply for each week of delay or part thereof for a period up to 10 (TEN) weeks, and thereafter at the rate of 0.7% of the value of the delayed supply and/ or undelivered material/ supply for each week of delay or part thereof for another TEN weeks of delay.

(b) DP extension beyond 20 weeks would not be generally allowed. The extension beyond 20 weeks may be decided in most exceptional circumstances on case to case basis, by the CGM concerned in case of tenders floated by Circles and by the Functional Director concerned in case tenders floated by Corporate Office, stating reasons and justifications for grant of extension of delivery period beyond 20 weeks.

(c) In the case of package supply/ turnkey projects when the delayed portion of the supply materially hampers installation and commissioning of the systems, LD charges shall be levied as above on the total value of the concerned package of the Purchase Order.

(d) Quantum of liquidated damages assessed and levied by the purchaser and decision of the purchaser thereon shall be final and binding on the supplier, further the same shall not be challenged by the supplier either before Arbitration tribunal or before the court. The same shall stand specifically excluded from the purview of the arbitration clause, as such shall not be referable to arbitration. However, when supply is made to the ultimate consignee within 21 days of QA clearance in the extended delivery period and the goods were dispatched within this delivery period, the consignee may accept the stores and in such cases the LD shall be levied up to the date of dispatch after QA clearance only.

(e) The total value of the liquidated damages as per above sub-clauses shall be limited to a maximum of 12% (Twelve percent) i.e. LD shall be levied up to 20 weeks only as per provision at Para (a).

16.3 In cases where the scheduled delivery period is distributed month-wise or is in installments, the liquidated damages shall be imposed for delay in each scheduled month/ installment. Liquidated damages shall be calculated separately for quantities to be supplied in every month/ installment and the corresponding delay. If the supplier supplies full quantity before the expiry of the scheduled delivery period of the last month/ installment but there is delay in month-wise/ installment-wise supply, then also liquidated damages shall be levied on the supplies against the earlier months/ installments that have been delayed. Twenty (20) weeks for the purpose of additional BG and grant of DP extension shall be counted from the last month/ installment.

16.4 Wherever Clause of grace period of 21 days exists in the Purchase Order as well as in the Tender document against which the Purchase Order has been released, applicability of the grace period shall be subject to:

(a) The Store has been offered to ‘QA’ by the Supplier for Inspection/Testing within the contracted original delivery period.

(b) 'QA’ has cleared the equipment for dispatch within the contracted original delivery period.

(c) The Supplier has carried out dispatch/ dispatched the equipment with in contracted original delivery period. For claiming benefit of grace period, the supplier shall have to satisfy the Paying Authority by furnishing documents of dispatch confirming that it has actually dispatched the equipment within

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contracted original delivery period.

(d) The Store has been received by the ultimate consignee within 21 days of the expiry of contracted original delivery period.

(e) The grace period of 21 days shall be allowed only in those cases which fulfill all the conditions given in Para (a) to (d) above. During grace period no LD charges shall be levied.

16.5 GST (if applicable) on account of liquidated damages due to delay in supply of goods would be borne by supplier.

17. FORCE MAJEURE17.1 If, at any time, during the continuance of this contract, the performance in whole or in

part by either party of any obligation under this contract is prevented or delayed by reasons of any war or hostility, acts of the public enemy, civil commotion, sabotage , fires, floods, explosions, epidemics, quarantine restrictions, strikes, lockouts or act of God (hereinafter referred to as events) provided notice of happenings of any such eventuality is given by either party to the other within 21 days from the date of occurrence thereof, neither party shall by reason of such event be entitled to terminate this contract nor shall either party have any claim for damages against other in respect of such non-performance or delay in performance, and deliveries under the contract shall be resumed as soon as practicable after such an event come to an end or cease to exist, and the decision of the Purchaser as to whether the deliveries have been so resumed or not shall be final and conclusive. Further that if the performance in whole or part of any obligation under this contract is prevented or delayed by reasons of any such event for a period exceeding 60 days, either party may, at its option, terminate the contract.

17.2 Provided, also that if the contract is terminated under this clause, the Purchaser shall be at liberty to take over from the Supplier at a price to be fixed by the purchaser, which shall be final, all unused, undamaged and acceptable materials, bought out components and stores in course of manufacture which may be in possession of the Supplier at the time of such termination or such portion thereof as the purchaser may deem fit, except such materials, bought out components and stores as the Supplier may with the concurrence of the purchaser elect to retain.

18. ACTION BY PURCHASER AGAINST BIDDER(S)/ VENDOR(S) IN CASE OF DEFAULT.

18.1 In case of default by Bidder(s)/ Vendor(s) such as(a) Failure to deliver and/ or commission any or all of the goods within the

Time period(s) specified in the contract, or any extension thereof granted by the purchaser pursuant to clause 15 of this section;

(b) Failure to perform any other obligation(s) under the Contract; and(c) Equipment does not perform satisfactory in the field in accordance with the

specifications;(d) Or any other default whose complete list is enclosed in Appendix-1 of Section-4,

Part-A;Purchaser will take action as specified in Appendix-1 of Section 4 Part A.

19. TAX INDEMNITY CLAUSE: BSNL has the right to recover Input Tax Credit loss suffered by it due to any miss-declaration on invoice by the supplier

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20. ARBITRATION20.1 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 or in case his designation is changed or his office is abolished, then in such cases to the sole arbitration of the officer for the time being entrusted (whether in addition to his own duties or otherwise) with the functions of the CMD, BSNL or by whatever designation such an officer may be called (hereinafter referred to as the said officer), and if the CMD or the said officer is unable or unwilling to act as such, then to the sole arbitration of some other person appointed by the CMD or the said officer. The agreement to appoint an arbitrator will be in accordance with the Arbitration and Conciliation Act 1996. There will be no objection to any such appointment on the ground that the arbitrator is a Government Servant or that he has to deal with the matter to which the agreement relates or that in the course of his duties as a Government Servant he has expressed his views on all or any of the matters in dispute. The award of the arbitrator shall be final and binding on both the parties to the agreement. In the event of such an arbitrator to whom the matter is originally referred, being transferred or vacating his office or being unable to act for any reason whatsoever, the CMD, BSNL or the said officer shall appoint another person to act as an arbitrator in accordance with terms of the agreement and the person so appointed shall be entitled to proceed from the stage at which it was left out by his predecessors.

20.2 The arbitrator may from time to time with the consent of both the parties enlarge the time frame for making and publishing the award. Subject to the aforesaid, Arbitration and Conciliation Act, 1996 and the rules made there under, any modification thereof for the time being in force shall be deemed to apply to the arbitration proceeding under this clause.

20.3 The venue of the arbitration proceeding shall be the office of the CMD, BSNL, New Delhi or such other places as the arbitrator may decide.

21. SET OFF Any sum of money due and payable to the supplier (including security deposit refund-

able to him) under this contract may be appropriated by the purchaser or the BSNL or any other person(s) contracting through the BSNL and set off the same against any claim of the Purchaser or BSNL or such other person or person(s) for payment of a sum of money arising out of this contract or under any other contract made by the supplier with the Purchaser or BSNL or such other person(s) contracting through the BSNL.

In case of set off of the security deposit against any claim of the purchaser or BSNL or such other person or person(s) for payment of a sum of money arising out of this con-tract or under any other contract made by the supplier with the Purchaser or BSNL or such other person(s) contracting through the BSNL, the GST on such set off will be borne by the supplier.

GST would not be liable on security deposit. But if supplier set off the security deposit against any claim of the purchaser or BSNL or such other person or person(s) for pay-ment of a sum of money arising out of this contract or under any other contract made by the supplier with the Purchaser or BSNL or such other person(s) contracting through the BSNL, then GST would be levied.”

22. INTIMATION OF SUPPLY STATUS

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The successful bidder who is given Purchase Order, must give the details of the supplies made against all the Purchase Orders every month on the first working day of the following month to MM and the concerned Planning Branches of BSNL.

23. DETAILS OF THE PRODUCTThe bidder should furnish the name of its collaborator (if applicable), brand name, model number, type of the products and HSN classification under GST and Customs law offered in this tender. The technical literatures of the products should also be submitted. No change in either technology or product shall be permitted after opening of bids.

24. FALL CLAUSE24.1 The prices once fixed will remain valid during the scheduled delivery period except for

the provisions in clause 12.1 of Section 5 Part A. Further, if at any time during the contract

(a) It comes to the notice of purchaser regarding reduction of price for the same or similar equipment/ service;

and /or(b) The prices received in a new tender for the same or similar equipment/ service are

less than the prices chargeable under the contract.

24.2 The purchaser, for the purpose of delivery period extension, if any, will determine and intimate the new price, taking into account various related aspects such as quantity, geographical location etc., and the date of its effect for the balance quantity/ service to the vendor. In case the vendor does not accept the new price to be made applicable during the extended delivery period and the date of its effect, the purchaser shall have the right to terminate the contract without accepting any further supplies. This termination of the contract shall be at the risk and responsibility of the supplier and the purchaser reserves the right to purchase the balance unsupplied quantity/ service at the risk and cost of the defaulting vendor besides considering the forfeiture of his performance security.

24.3 The vendor while applying for extension of time for delivery of equipment/services, if any, shall have to provide an undertaking as “We have not reduced the sale price, and/ or offered to sell the same or similar equipment/ service to any person/organization including Department of central/state Government or any central/state PSU at a price lower than the price chargeable under the contract for scheduled delivery period.”

24.4 In case under taking as in Clause 24.3 is not applicable, the vendor will give the details of prices, the name(s) of purchaser, quantity etc. to the purchaser, while applying extension of delivery period.

25. COURT JURISDICTION:25.1 Any dispute arising out of the tender/bid document/evaluation of bids/issue of APO shall

be subject to jurisdiction of the competent court at the place from where the NIT/tender has been issued.

25.2 Where a contractor has not agreed to arbitration, the dispute/claims arising out of the Contract/PO entered with him shall be subject to the jurisdiction of the Competent Court at the place from where Contract/PO has been issued. Accordingly ,a stipulation shall be made in the contract as under:

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“This Contract/PO is subject to jurisdiction of Court at Delhi only”Note: - Mandatory Licensing requirements with regards to security related concerns issued by the Government of India from time-to-time shall be strictly followed and appropriate clauses shall be added in all bid documents. Necessary guidelines in this regard shall be issued separately.

26. Security Requirements:a) The Supplier shall enable the Purchaser to comply with Applicable Laws including but

not limited to notifications, circulars etc. issued by Government of India (GoI) from time to time.

b) The Supplier recognizes and accepts that in order to make, maintain and ensure Purchaser’s networks compliant with security related instructions and guidelines issued by the GoI from time to time, complete cooperation and commitment of the Supplier is necessary. To help and address the business continuity, communication, security requirements and security management of Purchaser’s network, the Supplier shall execute an agreement in the form as contained in the Tender Document before issuance of any APO by the Purchaser, subject to the guidelines issued by GoI as amended from time to time. It is clarified that the execution of such agreement shall be a condition to the effectiveness of the Advance Purchase Order.

26.1 Compliance with Licenses:The Supplier shall assist and provide support as and when required to the Purchaser including the providing of information and documents to comply with the provisions of the Licenses, any amendments made thereto as well as any notifications, circulars, letters issued by DoT or any other Governmental Authority from time to time specially in relation to security clearance and lawful interception.

26.2 Non-Compliance :The Supplier, including their personnel, employees, associates and sub suppliers shall be solely responsible for complying with the statutes, laws, regulations, subordinate legislation, administrative orders and instructions issued by relevant Government Authorities, regarding, but not limited to, environment, industrial relations, security and taxation, during the performance of their respective obligations under this Contract. Without limiting the generality of the foregoing, the Supplier shall be responsible for compliance with the Applicable Laws and similar regulations applicable to its activities hereunder, at its own cost and expenses. In the event there is a delay by the Supplier which is solely attributable to Supplier in fulfilling its obligations under this Contract or any non-compliance or breach of obligations under this Contract by the Supplier due to which any Governmental Authority imposes sanctions on Purchaser, which results in financial and other liabilities on the Purchaser, the Supplier shall be liable to make good such loss immediately which has been suffered by the Purchaser.

27. GST INVOICE:27.1 All the details of supplier (name, address, GSTIN/ unregistered supplier, place of supply,

SAC/ HSN code etc.) and other mandatory details shall be mentioned on the invoice.

27.2 Invoice/Supplementary invoice/Debit Note/Credit Note/Receipt Voucher need to be issued in compliant format and timely within the time prescribed under GST law.

27.3 In case of any deficient/incomplete/rejected supply, BSNL shall convey the same in reasonable time to enable the supplier to issue credit note and take tax adjustment.

27.4 It would be the responsibility of the supplier to declare correct information on invoice and GSTN viz. the amount, the place of supply, rate of tax etc. In case, the eligibility of input tax credit is questioned or denied to BSNL on account of default by the supplier, the same would be recovered by BSNL from the supplier.

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27.5 Registered location of the both the parties i.e. BSNL and supplier should be mentioned in the agreement with GSTIN No. Further, supplier should raise invoices at the registered premise of BSNL for availing of credit and ensure that the place of supply as per GST law is same as registered premise

27.6 BSNL could at any time instruct the supplier to raise its invoices at a particular location of BSNL

27.7 It is the responsibility of the supplier to ensure that place of supply and the GSTN of BSNL are in the same state. If for any reason they are not in the same state, the supplier shall intimate to BSNL and give adequate time before raising of the invoice.

27.8 E-waybill number should be mentioned on the invoices.

27.9 Supplier shall be responsible for timely issuance and delivery of invoice/ DN/ CN to enable BSNL to claim tax benefit on or before the stipulated time period provided by the GST law.

a) It is the responsibility of the supplier to ensure that outward supply return (GSTR-1) would be filed correctly. If not, than cost would be borne by supplier.

b) Reporting of correct outward supply by supplier in the outward return (GSTR-1) is the responsibility of the supplier. In case of mismatch because of supplier’s fault, prompt amendments must be made by the supplier else supplier would be required to indemnify BSNL of the loss of credit due to miss-match. The compliances to be adhered by supplier includes (but is not limited to) the following:

i. Uploading appropriate invoice details on the GSTN within the stipulated time;ii. Issuing GST compliant invoice / CN/ DN. PO issued by BSNL should be referred by

supplier for capturing information on the invoice.iii. Supplier needs to pay the entire self-assessed tax on timely basis. iv. Where invoice is not uploaded or incorrect upload of invoice detail of GSTN by

supplier then credit on such invoice will be given provisionally subject to matching. So, acceptance of changes made by BSNL on GSTN on account of non-upload or incorrect upload of invoice details on GSTN is to be submitted by supplier. Such changes w.r.t. the mismatch are required to be accepted by supplier within the time limit prescribed under the GST law. It should be noted that in case supplier does not accept such changes within the time limit prescribed under GST law, the loss of input tax credit (if any) would be recovered from the supplier. In case of mismatch because of Supplier's fault, prompt amendments must be made by the supplier else supplier would be required to indemnify BSNL for the losses of credit and interest paid due to mismatch.

v. Supplier to issue all necessary documentation and perform all necessary compliances for BSNL to be eligible to claim the input tax credit of GST tax to them. In case BSNL is unable to claim the input tax credit, the amount w.r.t. GST charged by the supplier would be recovered from the supplier

vi. A self-declaration along with evidence that the bidder is not blacklisted by GST authorities. In case supplier gets black listed during the tenure of BSNL contract, then supplier must indemnify BSNL to ensure that no loss of input tax credit is borne by BSNL due to default of supplier.

27.10 Refer Appendix-1 to Section 5 Part A for clause stating that all the details of supplier (name, address, GSTN/ unregistered supplier, place of supply, SAC/ HSN code etc.) and other mandatory details shall be mentioned on the invoice

27.11 Where the location agreed are more than one state, then separate invoice state wise to claim input tax credit in a particular state (typically happens in a bill to-ship to scenario) shall have to be submitted.

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27.12 It shall be the responsibility of the supplier to mention State of place of supply of goods/services in the invoice issued to BSNL

Appendix-1 to Section-5 Part-A

Sr. No. Particulars for ‘Input invoice’1 Name and registered address of the supplier2 GST registration number of supplier3 Name of BSNL entity4 ‘Bill to’ and ‘Ship to’ address of BSNL5 GST registration number of BSNL6 Date of Invoice7 Invoice Number8 Place of Supply (including state)9 Type of Tax (CGST,SGST and IGST)

10 Rate of Tax11 Value of goods/ service and type/ rate/amount of tax should be

separately mentioned12 Quantity of goods13 Total value of invoice14 Description of supply of goods/service15 HSN Code in case of goods16 Accounting Code in case of service

17 In case invoice has more than one tax rates, rate of tax and amount of tax for each supply should be mentioned separately.

Sr. No. Particulars for ‘Receipt Voucher’1 Name and registered address of the supplier2 GST registration number of supplier3 Name of BSNL entity4 ‘Bill to’ and ‘Ship to’ address of BSNL5 GST registration number of BSNL6 Date of document issued7 Document Number8 Place of Supply (including state)9 Amount of advance taken

10 Type of Tax (CGST,SGST and IGST)11 Rate of Tax12 Quantity of goods13 In case invoice has more than one tax rates, rate of tax and

amount of tax for each supply should be mentioned separately.Note: Invoice issued at a later stage against receipt voucher to mention this document number.Refund Voucher to be issued against the advances received if no supply is made and no invoice is raised.

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SECTION 5 PART BThe Special (Commercial) Conditions of Contract (SCC) shall supplement General (Commercial) Conditions of Contract (GCC)) as contained in Section 5 Part A and wherever there is a conflict, the provisions herein shall prevail over those in Section 5 Part A i.e. General (Commercial) Conditions of Contract (GCC).

1. General Requirement from Bidder and OEM

1.1 Bidder shall submit along with the bid, the complete list of OEM partners.

1.2 The bidder shall identify solutions/ technology/ product that have a clear support road map from respective OEMs for the minimum 9 years w.e.f. date of submission of the bid and the same shall be submitted in the technical bid.

1.3 Further to safeguard BSNL interest, in case of expiry of OEM support as per OEM policy during contract period, bidder has to replace such item free of cost during the contract period.

2. Conditions for consortium Bids - In case a bid is being submitted through a legally bound consortium, then following are also applicable for consortium bids:

i. Consortium agreement shall have only two members’ i.e lead bidder & OEM Company as consortium partner.

ii. Consortium agreement as per the format at Section 7(F) and shall be submitted in the technical bid.

iii. Only lead bidder will interact with BSNL for all obligations/payment. iv. The bidder is not permitted to be a consortium member under another bidder in

this tender.v. No change in consortium member shall be permitted after the submission of the

bid.

3. Product Qualification criteria

As mentioned in Eligibility Criteria in Clause 4 of Section 1.

4. Performance Security / Performance Bank Guarantee

4.1. The Successful Bidder shall submit Performance bank Guarantee (PBG) @ 5% of the value of the Advance Purchase Order, within 14 days from the date of issue of the APO. Performance Security shall remain valid for a period of 3 years.

4.2. In case a bid is submitted by bidder in consortium, consortium partner (s) shall also submit PBGs as below, in addition to the Performance Bank Guarantee of 5% of the value of APO submitted by the lead bidder:OEMs PBG to be submittedOEM of IVRS & CCPS 2.5% of the value of the APO

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4.3. Performance Security / Performance Bank Guarantee for AMC - The selected bidder shall submit Performance Bank Guarantee (PBG) against AMC, valid for a period of 8 years from the date of start of AMC. This Performance bank guarantee for AMC shall be submitted to the BSNL before release of Performance BG submitted against APO.

4.4. The Successful Bidder shall submit Performance bank Guarantee (PBG) for AMC @ 7% of the value of equipment cost (excluding duties and taxes Cenvatable i.e. net cost to BSNL) or the quoted average value of the yearly AMC charges, whichever is higher.

4.5. In case a bid is submitted by bidder in consortium, in addition above Performance Bank Guarantee, Amount of Bank Guarantee for AMC to be submitted by consortium partner(s) shall be as below:OEMs PBG to be submitted for AMCOEM of IVRS & CCPS 50% of the value of AMC PBG

submitted by the lead bidder,

5. Support from OEM partners

5.1. Support Certificate: OEM partner of Integrated Voice Response System (IVRS) & Con-tact Centre Platform Solution (CCPS) shall certify support of its respective products sup-plied to bidder and BSNL for a period of 8 years from the date of commissioning, as per format in section 7(G) of the tender document.

5.2. Sizing certificate :

i. All individual software applications & hardware shall have to be sized properly to meet the desired service level/ performance criteria at the full load. In this regard Bidder shall furnish sizing certificate duly authenticated and signed by respective OEM (ISV) as per the section 7(H).

ii. The Bidder shall describe the hardware required to perform in accordance with the di-mensioning information provided in the tender document. Bidders shall accordingly size their solutions to meet the required service level.

5.3. Bidder shall keep the AMC support current from the OEM during the contract period. In case it is noticed that bidder has not renewed the AMC services from the OEM then BSNL shall be at liberty to renew the AMC contract directly from the OEM at the risk and cost of the bidder.

6. Software

6.1. All the software licenses supplied against this Tender Document shall be perpetual with-out any limitations on use and shall be licensed in the name of BSNL. Licensing matrix shall be indicated for each of the applications.

6.2. Software version of the equipment being supplied shall be latest must be indicated in the technical bid. Bidders must quote for all necessary licenses to meet out the tender requirements, along with licensing matrix.

6.3. Certified and licensed copies of the application software required shall be supplied. Only Freeware software (like Linux & Apache) that is supported by respective OEMs can be supplied bundled with application /solution. Details shall be submitted along with the technical bid. Unsupported software with no provision of bug fixing, upgrades and up-dates shall not be accepted.

6.4. All the software updates/upgrades and/ or patches required for the system supplied shall be implemented free of cost at each site during Warranty and AMC period by the bidder.

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6.5. The Supplier shall supply the extent of software license as per requirement and shall not impose restriction on the use of such license for the operational requirements of BSNL.

7. Loading:

7.1. In case any item is not quoted by a Bidder mentioned in the SOR of the tender docu-ment or the price of any item is not available in its own bid, then the bid shall be loaded by the highest price quoted by any of the bidders for that item. The loaded item shall be supplied at lowest cost quoted by any of the bidder.

7.2. Cases in which the bidder has quoted for less quantity for any of the items than that in-dicated in the SoR of the tender document, then the price bid shall be loaded to the ex-tent of the difference in quantity of the item to meet the full requirement of the SoR on a pro-rata basis for the purpose of evaluation & ordering.

7.3. No de-loading of the bid is envisaged, if the quoted quantity in the bid is higher than that requested in the tender for the purpose of evaluation.

7.4. AMC cost shall not be paid for all items supplied free of cost on account of the loading. The same principle shall be applied for the cost towards services and all other items

7.5. Offer to the L1 bidder after correcting the arithmetical errors and effecting change in unit prices due to loading shall not tantamount to counter offer. If not accepted by the bidder, then he/ she shall be liable to be barred from participating in future tenders/ EOIs/ RFPs of BSNL for a period of two years.

8. Award of Contract (PLACEMENT OF ORDER)8.1 The ultimate aim of BSNL is replacement of EOSL IVRS equipment in CDR Project -I and

CDR Project-II and AMC of newly installed equipment as per scope of this tender. The re-placement of existing IVR Systems with new IVRS & CCPS Systems and their AMC shall be achieved by floating one tender for carrying out implementation in both the projects. BSNL intends to limit the number of technically and commercially responsive bidders to one from the list of such bidders arranged in increasing order of their evaluated prices (on NPV basis) starting from the lowest for the purpose of ordering against each bid in this tender. The bidder with the lowest evaluated price will be considered for supply and implementation of the project within the delivery schedule specified in the tender docu-ment for the quantity mentioned in the purchase order and undertakes AMC work.

8.2 The entire CDR based Customer Care and Convergent Billing project can be summa-rized as below:

IVRS & CCPS system for CDR based Customer Care & Billing Project

Hyderabad (Production)

Pune (DR)

Catering to South, East, North & west Zone

Catering to South, East, North & west Zone

Both Data Centers shall be in Active : Active Mode

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8.3 Award of work shall be based on the following criteria:

(a) Single Bidder shall be awarded contract for supply installation and commissioning of IVRS and CCSP system along with all the features and functionalities mentioned in this tender document, integration and migration of existing IVRS traffic, services and functionalities.

(b) In case the lowest bidder do not undertake the work then the Bidder which ranks second lowest in financial bid will be offered the contract at the lowest evaluated rate (NPV basis).

(c) The Bidder ranking second lowest in the financial bid shall be awarded the contract by derating his financial bid value (Line item wise) as shown below:

NPV of Bid value of first ranking BidderDerating ratio = --------------------------------------------

NPV of Bid value of second ranking Bidder

(d) In case if the Bidder ranking second lowest in the leftover project refuses to under-take the work, the same shall be offered to the Bidder ranking third and so on of the same Project. Similar derating principle shall be applied to derive the contract value.

9. Payment Terms and Liquidated Damages (LD) Charges– The following provisions of LD shall also be applied along with the clause no 16 Section 5 Part A of General Con-ditions of Contract

9.1 PAYMENT TERMS & DELIVERY SCHEDULE:

9.1.1 Payment terms shall be as per Clause 5 of Section 2.9.1.2 Delivery Schedule shall be as per Clause 6 of Section 2.

9.2 LIQUIDATED DAMAGES :9.1. For IVRS & CCPS System

i. Delay in supply- If supplier fails to deliver the equipments within the defined period, BSNL shall be entitled to recover a sum equivalent to 0.5% of value of delayed supply (excluding services and AMC) for each week of delay for a period up to 10 (TEN) weeks, and thereafter at the rate of 0.7% of value of delayed supply (excluding services and AMC) for each week of delay.

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ii. Delay in Installation, Commissioning, Integration & Migration - If supplier fails to install, commission the new IVRS & CCPS System and migrate to the new platform from old platform within the defined period, BSNL shall be entitled to recover a sum equiva-lent to 0.5% of the total value of that part of installation, commissioning, integration & Migration service cost for each week of delay for a period up to 10 (TEN) weeks, and thereafter at the rate of 0.7% of the total value of that part of installation, commission-ing, integration & Migration service cost for each week of delay.

iii. Total value of the LD as per above (i) & (ii) shall be limited to a maximum of 12% of the PO (excluding AMC) value of BNG.

9.2. Quantum of liquidated damages assessed and levied by the BSNL shall be final and not challengeable by the Supplier.

10. Validation:

10.1. Equipment/system shall be subjected to on-site validation by the team designated by BSNL. Validation shall cover at least one set of each type of equipment.

10.2. The systems/Equipments supplied in the network, and installed by the Bidders against the Purchase Orders placed on them shall be subjected to validation by the team desig-nated by BSNL during which the tests as per the provisions in the TEC specifications and Tender requirements shall be conducted. The Test Schedule and Procedures for Validation Testing shall be submitted by successful bidder within 15 days from date of Purchase Order and shall be finalized by the BSNL in consultation with the Bidders within 2 months from the date of Purchase Order. The system for the purpose of equip-ment validation is defined as a set of network elements that shall be required to test the requirement mentioned in the tender document.

10.3. The successful bidder will submit the Validation test document. The validation test doc-ument shall contain the list as well as procedures for the tests which are proposed to be conducted during the validation/ field trial to test the conformance of the equipment to the Technical Specifications. The test schedule and procedures for validation tests will be finalized by BSNL.

10.4. Any deficiency found during validation in performance of the system as per the require-ment shall be rectified by the successful bidder. The Supplier shall provide, at his own cost all the testing equipments/instruments including load test equipments required for all the tests to be conducted for validation.

10.5. The bidder shall make available software programs and testers required for carrying out the Validation tests as per the schedule. The bidder shall indicate whether the software package includes programs for testing the nodes under full load conditions and over-load conditions by creation of artificial traffic. Such test program shall be provided by the bidder for the limited purpose of testing. The Bidder shall also indicate the tech-nique used in the creation of such artificial traffic. Details of various items required for the above purpose may be specified in compliance to this clause.

10.6. Any additional test equipment required during Validation shall be arranged by the bid-der at no additional cost to BSNL, so as to complete the Validation as per the specified time schedule in this document.

11. Acceptance Testing (A/T):

11.1. The Selected Bidder shall submit the Acceptance test schedule within one month of is-sue of PO and finalize the same in consultation with BSNL within two months from the date of issue of PO. Bidder shall also clearly indicate the specification clause(s) verified by each test. BSNL shall have the right to make modifications or additions to any test or techniques of measurement as considered necessary by it.

11.2. Bidder shall arrange the equipment for A/T purpose without any financial implications to BSNL. BSNL will carry out all the tests detailed in the acceptance test schedule to con-

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firm that the performance of the different modules, subsystems, and entire installation satisfies the specified requirement of specifications including service performance.

11.3. BSNL shall offer equipment for acceptance testing to A/T team that will carry out the tests detailed in the acceptance test schedule to confirm that the performance of the different modules, subsystems, and entire installation satisfies the specified require-ment of specifications including service performance

11.4. Any components or modules failing during the acceptance tests shall be replaced at no additional cost to the Purchaser at site by the Selected Bidder. These shall be shipped within two weeks of the initial reports. Notwithstanding the pre-supply tests and inspec-tions prescribed in this document, the equipment and accessories will also be pre-tested by supplier, before offering to A/T, in coordination with the Node In-charge as per the procedure and Performa provided by purchaser in due course during and after in-stallation/ commissioning before “take over” and if any equipment and part thereof is found defective, the same shall be replaced at no cost to the purchaser.

11.5. If any equipment or any part thereof, before it is taken over under as specified in the document, is found defective or fails to fulfill the requirements of the contract, the in-spector shall give the Supplier notice setting forth details of such defects or failure and the supplier shall make the defective equipment good, or alter the same to make it comply with the requirements of the contract forthwith and in any case within a period not exceeding one month of the initial report. These replacements shall be made by the supplier free of all charges at site. Should it fail to do so within this time, the purchaser reserves the discretion to reject and replace at the cost of the supplier the whole or any portion of equipment as the case may be, which is defective or fails to fulfill the require-ments of the contract. The cost of any such replacement made by the purchaser shall be deducted from the amount payable to the supplier.

11.6. When the AT tests called for have been successfully carried out, the ultimate consignee will forthwith issue a Taking Over Certificate. The ultimate consignee shall not delay the issue of any “Taking Over Certificate” contemplated by this clause on account of minor defects in the equipment which do not materially affect the commercial use thereof pro-vided that the supplier shall undertake to make good the same in a time period not ex-ceeding six months. The Taking Over Certificate shall be issued by the ultimate con-signee within six weeks of successful completion of tests.

11.7. After all acceptance tests have been successfully carried out to the satisfaction of the BSNL, designated unit shall declare the solution fit for deployment in BSNL network and commissioning shall be announced.

12. Warranty

12.1. The warranty of the equipment supplied shall be for a period of twelve months from date of commissioning of all the equipment.

12.2. If the commissioning of any equipment is pending due to any dependency on BSNL, warranty can be started for rest of the equipment.

12.3. All the terms and conditions of the AMC including the penalty provisions shall apply dur-ing the Warranty period.

13. Commercial Utilization of Network or Equipments-

13.1. The equipments shall be commercially utilized only after declaration of commissioning of equipments.

13.2. Nodal authority for declaring the commissioning equipments shall be CGM ITPC, Pune.14. Annual Maintenance Contract (AMC) including Operations

14.1. The Bidder shall quote prices for year-wise comprehensive Annual Maintenance Con-tract including operations for 7 years as in the price schedule.

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14.2. The price for year-wise AMC shall truly reflect the efforts required to maintain the SLA specified in Tender Document.

14.3. During the Warranty Period, the Bidder shall perform all the functions as enunciated un-der the AMC without any additional cost to BSNL and adhere to SLA as per AMC. All the penalty clauses shall be applicable during the Warranty Period for non adherence to the SLA as per the AMC.

14.4. The batteries supplied shall not be treated as consumables and any replacement or re-pair required ensuring their specified performance and capacity during the contact pe-riod of 1 year warranty and 7 year AMC shall be the responsibility of the Supplier.

14.5. Bidder after successful installation and commissioning of system shall be responsible for its operations and management during the warranty period of one year and AMC pe-riod of seven year. The Operation & Management of Network shall include interalia all activities and processes which are equipment specific; and overall operations, like per-formance management, security management, configuration management, network and systems administration, data-base administration, fault management. Operation and Management cost shall be covered as part of AMC charges.

14.6. The Successful Bidder shall put into operation (but not limited to) the set of mainte-nance procedures, periodic test schedules, Traffic Report generation & analysis and re-medial measures to be taken in each occasion, Extraction of performance statistics from the various network elements, and classification as required by the Purchaser, Management Information System (MIS) parameters for fault, performance and planning of network expansion. The Bidder shall also help BSNL to put into practice maintenance schedules viz opening of appropriate registers for log, test schedule and performance and fault recording.

14.7. Any other activity or equipment, which is not explicitly covered in this document but is essential, as part of the operations and management shall also be performed by the successful bidder.

14.8. 24x7 Operation during warranty period & AMC period shall be at no extra cost to BSNL. Bidder shall depute minimum 2 person (1 person at Hyderabad & 1 at Pune).

15. Technical support centre:- Successful Bidder shall require to have its Technical sup-port centre in place to provide technical support to ensure smooth functioning of equipment supplied by them and to meet additional requirements from time to time. The Bidder shall submit details of location, number of personnel, facility to be made available at technical support centre in the Bid.

16. Facilities

16.1. BSNL shall provide space, commercial AC mains power supply, air conditioning and other environmental requirements for installation of equipment with no obligation on part of bidder.

17. Project Management

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17.1 Overview :

17.1.1 The Successful Bidder shall establish a project organization accountable for and respon-sible for execution of the complete scope of supply, covering all aspects of the tasks in the project, including, but not limited to, design, implementation, test, deployment and migration.

17.1.2 Successful Bidder shall, unless otherwise specifically stated, bear the responsibility for providing all design, engineering, implementation, labor, materials, equipment, soft-ware, services, tools and instruments, documentation, information, unloading, installa-tion, commissioning, inspection, testing, delivery, training and maintenance and opera-tions with respect to the hardware IT infrastructure under the scope of the tender.

17.1.3 The project management shall cover all management, administration and necessary fa-cilities for performing the scope of work including QA management, risk management, project control management, procurement management, installation and commission-ing management, and management of testing, including management of all Subcon-tractors/OEM/SSPs.

17.1.4 The Successful Bidder shall document standards, methods and tools that shall be uti-lized to provide general strategy, management, monitoring and control of all aspects of the projects.

17.1.5 The Successful Bidder shall comply with a multi-level governance program / project structure, key stakeholders, communication plan, subcontractor management and risk management plan. The governance structure shall cover Successful Bidder, BSNL and all third parties.

17.2 Program and Project Management :

17.2.1 Successful Bidder shall propose a project management methodology that shall cover all management, administration and necessary facilities for performing the scope of work of this tender.

17.2.2 The Successful Bidder shall take ownership for all project management responsibilities. The Successful Bidder shall describe the approach used for delivery of projects includ-ing describing the Successful Bidders responsibilities. Successful Bidder shall describe the methods and tools to manage risks and issues in the project.

17.2.3 The Successful Bidder shall include in this response, planning relating to the human re-sources to be allocated to the project.

17.2.4 Successful Bidder shall describe in detail the deliverable and configuration manage-ment controls and processes including inspection reports and sign off used by the Suc-cessful Bidder.

17.3 Standards and methods :

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The Successful Bidder shall document the standards, methods and tools that shall be utilized to provide general strategy, management, monitoring and control of all aspects of the projects

17.4 Planning :

The Successful Bidder shall suggest a detailed project implementation plan. This project implementation plan shall include time schedules and main milestones for all imple-mentation phases of the project.

17.5 Personnel Resources :

Successful Bidder shall always ensure sufficient number of suitably qualified people and the necessary tools and aids to carry out the agreed task. Successful Bidder shall con-tinually evaluate the requirement for capacity and competence in relation to planned activities and deliverables on part of the Successful Bidder.

17.6 Changes of project personnel :

17.6.1 Proposed changes in Successful Bidder’s key personnel shall be communicated in ad-vance.

17.6.2 Successful Bidder shall in writing intimate to the Purchaser of any replacement of Key Project Members in the project. Such replacement shall not be without reasonable cause.

17.7 Sub-contractors :

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Successful Bidder shall have full responsibility for the parts of the deliverables carried out by Subcontractors.

17.8 Requirement Management :

17.8.1 It is mandatory for requirement Management and shall be implemented by the Success-ful Bidder as part of its responsibility to delivery industry standard and accepted prac-tices.

17.8.2 All the deliverables (from the Scope and Design stages) and implementation/migration shall be finalized in consultation with the Successful Bidder, as part of the comprehen-sive Governance mechanisms.

17.8.3 Successful Bidder shall conduct Readiness Reviews:

a) Scope Readiness Reviewb) Design Readiness Reviewc) Functional Reviewsd) Implementation Reviewse) Migration Reviewsf) Risk mitigation Reviews

17.8.4 Successful Bidder shall be responsible to implement methodology, tools and procedures for Requirements Management Audit.

17.9 Implementation Management :

17.9.1 Successful Bidder shall detail the implementation methodology to be employed by Suc-cessful Bidder considering the scope of the work to be carried out as part of this tender.

17.9.2 Successful Bidder shall:

a. Develop implementation and transition strategies and plans.

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b. Develop data migration strategies and plans.c. Develop and document a contingency plan for each implementation.d. Develop, document and report risk and impact analyses.e. Conduct pre-implementation readiness reviews.f. Prepare documentation and orientation training for Infrastructure personnel, Service

Desk personnel, and any other pertinent personnel delivering Services to the Autho-rized User.

g. Provide support to exiting SIs, if any, by preparing the supplied hardware and allied items for smooth migration.

h. Conduct and document post implementation analysis i. Define and document the data backup and restoration requirements for the Disaster

Recovery Plan for all implementations.j. Integrate and execute quality management, improved productivity and operations,

and support management into the implementation plan

17.10 Infrastructure Management :

17.10.1 Successful Bidder shall provide software and hardware installation and configu-ration for the Solution. System implementation includes System Integration, User Ac-ceptance, Training, Migration, Pre-production and Production.

17.10.2 Successful Bidder shall provide detailed documentation describing the solution including software and hardware addressing sizing, performance and redundancy re-quirements.

17.10.3 Successful Bidder shall be responsible for hardware acquisition, installation and maintenance for the Solution.

17.10.4 Successful Bidder shall be responsible for facilitating network performance moni-toring.

17.11 Interface Management :

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Successful Bidder shall:

17.11.1 Document all interfaces to new and existing Systems, including:

a. Provide and document interfaces to Third Party Software.b. Temporary or transitional interfaces between Systems.

17.11.2 Develop and publish technology and data standards in compliance with industry standards and methodology.

17.11.3 Execute processes and procedures for System integration testing.17.12 Service Continuity Management :


17.12.1 Provide Disaster Recovery and IT Service Continuity Management support.

17.12.2 Develop new and maintain/upgrade and execute procedures to support Disaster Recovery for mission-critical Application / Infrastructure.

17.12.3 Continuously review, refine and document the retention policies and practices to comply with outside regulators. Record retention is critical for compliance audits, in-cluding those conducted by outside regulators.

17.12.4 Implement the Disaster Recovery Plan in coordination with existing SIs of CDR project in case of any disaster.

17.13 Level 3 Support :


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17.13.1 Provide Level 3 Support for all Software and Hardware Infrastructure installed through this Tender.

17.13.2 Provide clearly defined points of contact to receive and appropriately respond to notice of Incidents from Level 1 or Level 2 Support personnel including escalation pro-cedures and contacts.

17.13.3 Advice the Level 1 or Level 2 Support personnel, and/or an Authorized User, of the estimated time required for resolving the Incident after being notified. This resolu-tion time will be consistent with BSNL’s Service Levels.

17.13.4 Provide timely, ongoing status updates to the Level 1 or Level 2 Support person-nel, and/or an Authorized User, during Incident resolution.

17.13.5 Provide support, advice, and assistance to Authorized Users in a manner to re-solve the issues in time.

17.13.6 Document, as appropriate and as part of its Service Desk support, initial re-quests for on-demand services from Authorized Users.

18. Safety Hazard

18.1. The Successful Bidder shall ensure that any installation carried out by them under this project shall not become a safety hazard and is not in contravention of any statute, rule or regulation and public policy.

19. Compliance to Applicable Law

19.1. The successful Bidder shall execute an agreement, in the form as contained in section 10 of the Tender Document before issuance of any APO by the Purchaser, subject to the guidelines issued by DOT as amended from time to time.

19.2. Security Requirements a) The Supplier shall enable the Purchaser to comply with Applicable Laws including but

not limited to notifications, circulars etc issued by DoT from time to time. b) The Supplier recognizes and accepts that in order to make, maintain and ensure

Purchaser’s networks compliant with security related instructions and guidelines issued by the DoT from time to time, complete cooperation and commitment of the Supplier is necessary. To help and address the business continuity, communication, security requirements and security management of Purchaser’s network, the Supplier shall execute an agreement in the format as contained in Section 10 of the Tender Document before issuance of PO by the Purchaser. It is clarified that the execution of such agreement shall be a condition to the effectiveness of the Advance Purchase Order. The Supplier shall indemnify and hold harmless the Purchaser and its employees, agents, shareholders, directors, representatives, against any claims or penalty or consequence arising out of breach of the security related terms of the License as a result of breach or non-compliance by the Supplier with its obligations in this sub-Clause (b) or any separate agreement executed for this purpose.

c) It is clarified that any expenditure incurred by the Purchaser for complying with security related provisions as prescribed under tender, in respect of all the network elements/equipments supplied under this tender, shall be borne by the Supplier concerned. In the event there is a breach of the security related provisions as prescribed under Applicable Laws, any penalty imposed by the DoT on the Purchaser

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shall be paid by the Supplier to the Purchaser. Further, any testing of Supplier’s equipment including requirement of testing equipment shall be met by Supplier on his own cost.

19.3. Compliance with Licenses: The Supplier shall assist and provide support as and when required to the Purchaser including the providing of information and documents to comply with the provisions of the Licenses, any amendments made thereto as well as any notifications, circulars, directions/regulations issued by DoT/TRAI or any other Gov-ernmental Authority from time to time specially in relation to security clearance and lawful interception.

19.4. Non-Compliance: The Supplier, including their personnel, employees, associates and sub-suppliers shall be solely responsible for complying with the statutes, laws, regula-tions, subordinate legislation, administrative orders and instructions issued by relevant Government Authorities, regarding, but not limited to, environment, industrial relations, security and taxation, during the performance of their respective obligations under this Contract. Without limiting the generality of the foregoing, the Supplier shall be respon-sible for compliance with the Applicable Laws and similar regulations applicable to its activities hereunder, at its own cost and expenses.In the event there is a delay by the Supplier which is solely attributable to Supplier in fulfilling its obligations under this Contract or any non-compliance or breach of obligations under this Contract by the Supplier due to which any Governmental Authority imposes sanctions on Purchaser, which results in financial and other liabilities on the Purchaser, the Supplier shall be liable to make good such loss immediately which has been suffered by the Purchaser.

20. Technical audit of network

20.1. The Purchaser reserves the right to carry out technical audit of the network through any designated agency from time to time and Bidder shall take necessary corrective mea-sures to conform to the performance parameters stipulated in the Tender Document within the period of Performance Security.

21. Detailed BoM

21.1. The Bidders shall provide along with the techno-commercial Bid, detailed unpriced price schedule as per the SoR along with card level Bill of Materials (“BoM”) for each of the network elements in the SoR with complete details of PCBs together with their quantity required to meet the requirement envisaged in the tender. The Bidder shall ensure that the Bid is complete and comprehensive in respect of detailed card level BoM.

21.2. The card level BoM for all the network elements along with itemized prices shall form part of the financial Bid. If any item for which itemized price is found absent in the bid and that it is essential to be ordered shall have to be supplied free of cost by the bid-der.

22. Documentation

22.1. The Successful Bidder shall supply one set of soft copy documents on operation, main-tenance and planning aspects of the system to each site and also to the corporate of-fice.

23. Make Model list

23.1. The Bidder shall furnish the details of make, model no of the imported and indigenous equipments as part of the technical Bid.

23.2. The Bidder shall quote for only one make, model and manufacturer included in the pro-posal for each of the equipments. Once quoted in the Bid, no change of make, model or manufacturer shall, ordinarily, be permitted. However, in case of higher model or ver-

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sion (i.e. having at least all the specifications &features of quoted model) of same make may be permitted.

24. Integration/Interworking with existing network:

24.1. The Successful Bidder shall ensure the integration/interworking of equipments being supplied under this project with the all existing Network/Equipments of the BSNL.

25. Indemnity Bond

25.1. The Successful Bidder shall have to execute a bond to indemnify the BSNL from all statutory/legal liabilities towards all the personnel either employed by itself or in the rolls of its sub-vendors, who have been deployed for execution of various works against this project, that may arise due to various labour and other laws as specified by central/state from time to time. Further the engagement and employment of any per-sonnel and payment of wages to them as per the existing provisions of various labour laws and regulations is the sole responsibility of the Bidder and any breach of such laws or regulation shall be deemed to be breach of this Contract.

26. Incidental Damages

26.1. Notwithstanding any of the other provisions contained in this Contract , the Bidder shall protect, defend, indemnify and hold harmless BSNL and its employees, officers, Direc-tors, agents, or representatives from and against any and all liabilities, damages, fines, penalties and costs (including legal costs and disbursement) arising from ‘or’ relating to:

a) Any breach of any statute, regulation, direction, orders or standards from any govern-mental body, agency, or regulator issued with respect to the product/services being supplied/provided under this Contract.

b) Any claim made by third parties arising out of the use of the services of BSNL being pro-vided using the equipment supplied under the Contract to the extent these are attribut-able solely to the poor quality or non compliance of the product/services to the respec-tive specifications.

c) Any claims arising from the customers or other service providers, in connection with in-terruptions ‘or’ degradation of services due to non availability of services beyond the stipulated time frame as contained in AMC and solely attributable to the supplier of the product and services under this Contract.

d) Any claim that the Equipment/Services/’or’ any value addition component offered and supplied by the Supplier in this Contract, infringe any patent, trademarks or copyright of any third party.

e) The Bidder shall furnish an unequivocal, unqualified and irrecoverable undertaking along with the Bid to the effect that;

f) “During the Bidding process ‘or’ during the course of execution of the Contract ‘or’ at any stage thereafter, if it is found that the Bidder has fraudulently misrepresented any of the facts about the product/services etc being offered under the Tender/Contract, the Purchaser (BSNL) shall be free to claim a sum equivalent to damage as assessed by it subject to a maximum of the value of the tendered goods and services from the Bidder for such misrepresentation. The Bidder shall immediately on being told by BSNL pay such sum of money to BSNL. Quantum of damages under this clause assessed and levied by the Purchaser (BSNL) shall be final and not challengeable by the Bidder/Sup-plier”.

27. Compliance to Tender Clauses: The bidder shall submit the clause by clause compli-ance of the Tender Document as mentioned in section 4 Part A.

28. Third Party Vendor

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The purchaser recognizes the fact that the scope & extent of the work would necessi-tate the bidder to seek supply & services from number of third parties to complement his own supplies & services to meet the tender requirements. Notwithstanding the pro-visions contained in the tender, should there be a need arise to change the third party vendor, the substitute third party vendor shall, ordinarily, be from among those network element had qualified on technical evaluation. Such requests for change of third party vendor shall be considered. only under exceptional circumstances and need to have the specific approval of BSNL.

29. Limitation of Liability - The aggregate liability of the supplier under this tender shall be limited to 100% (one hundred percent) of respective contract (contemplated by the tender) price. Such limitation, however, shall not apply to liability arising out of (i) breach of Confidentiality or Intellectual Property related obligations under this Contract (ii) fraudulent or criminal acts or omissions or willful default.

30. Production site & Disaster Recovery site and connectivity to contact centres

30.1 Existing IVRS system and CDR data centre architecture : At present there are four IVRS production sites and four DR sites as tabulated below -

Sl.No Project Name Name of the zones served

Production IVRS location

DR IVRS location

1 CDR project –I (M/s HCL) South Zone Hyderabad Kolkata

East Zone Kolkata Hyderabad

2 CDR Project – II (M/s TCS) North Zone Chandigarh Pune

West Zone Pune Chandigarh

30.2 New IVRS & CCPS system and CDR data centre architecture : Following is pro-posed arrangement with existing CDR data centres to be implemented by successful bidder -

Sl.No Project Name Name of the zones to be served

Production IVRS & CCPS location

DR IVRS& CCPS

location

1 CDR project I & All Zones

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CDR Project II Hyderabad Pune

THE SIZING OF DR IVRS& CCPS SOLUTION SHOULD BE 100% OF PRODUCTION.

30.3 EXISTING IVRS SYSTEM CONNECTED WITH FOLLOWING CONTACT CENTRE (CC) :SUC-CESSFUL BIDDER HAS TO ENSURE SUCCESSFUL CONNECTIVITY WITH ALL THE EXISTING CC AND MAINTAINED ALL THE SERVICES OFFERED CURRENTLY AND OTHER ADDITIONAL FUNCTIONALITY AND FEATURES ASKED IN THIS TENDER -

Sr. No.

Existing BSNL Contact Center for

CFA segment operated by M/s

AEGIS Ltd

Connected CDR Data Centre State/Circles served

1 Dehradun North CDC data centre Chandigarh HA, HP, JK,PB,RJ,UE,UT,UW

2 Bengaluru South CDC data centre Hyderabad AP,CN,KL,KT,TN

Bengaluru East CDC data centre Kolkata AN,AS,BR,JH,KO,N1,N2,OR,WB

3 Ajmer West CDC data centre Pune CH,GJ,MH,MP

30.4 General

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30.4.1It is expected to test the Disaster Recovery Function live every six months (or any other periodicity fixed by BSNL) as per DR Plan at any time without loss of any data or ser-vice being offered to customer and as per the degradation in performance permitted in case of actual disaster.

30.4.2Successful Bidder shall frame detailed DR policies in consultation with BSNL and the same shall be further tuned based on experience gathered during the implementation phase and warranty phase.

30.4.3The vendor must provide a detailed proposal in the technical bid to achieve the DR ob-jectives keeping in consideration the best practices followed in the similar environment.

30.4.4The Successful Bidders shall develop and implement complete disaster recovery solu-tion as per above requirements in coordination with existing SIs of CDR Project-1 & CDR Project-2, provide extensive documentation or process and procedures, carry out busi-ness impact analysis, train BSNL people to handle DR situations and define the associ-ated manual processes which shall facilitate the switch over of the DR site as part of their scope of work.

30.4.5Integration with CRM / CDR system to be done with respective CDR production DC. In the event of disaster, the zone pair DR system should take over the operations until pri-mary production is restored.

30.4.6DR operation shall be automatic by system control and not manual.

31. TRAINING

31.1 The Successful Bidder shall provide training to the staff /personnel nominated by BSNL. The training shall be thorough and effective and shall enable the trained personnel to independently handle the installation, configuration, customisation, operation and maintenance of the IVRS and CCPS system.

31.2 The Successful Bidder shall separately specify in his bid the number of trainees, quan-tum of proposed training, if they feel the proposed training schedule mentioned else-where in this document will not be adequate to achieve proficiency level for different modules, duration of the proposed training.

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31.3 The travel expenses, boarding and lodging for the trainees shall be borne by the pur-chaser. The details of training to be conducted shall be indicated by the Successful Bid-der.

31.4 The Successful Bidder shall provide all training material, documents and training aids. It shall also allow BSNL’s training centers to create copies of the training material for in-ternal consumption (within BSNL).

31.5 Training shall include entire gamut of a typical IVRS &CCPS system maintenance and operations in a Data Centre setup. It shall inter alia include IVRS & CCPS system cus-tomisation, operation, maintenance and administration.

31.6 Training on various software modules should be imparted by the Subject matter expert (SME) of the respective original equipment manufacturer (OEMs)/Bidder.

31.7 Training of Data Center personnel shall in general cover the following:

31.8 Configuration basics of the supplied IVRS & CCPS systems and allied software items.

31.8.1 Installation, operations and maintenance of the IVRS & CCPS systems and allied soft-ware items.

31.8.2 Deployment.

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31.9 Man days of Training required: Successful Bidder shall arrange following training at all the four CDR Data Center -

Training module name Trainee Man- days per DC

Approx. no. of trainees

per DC

Location

IVRS & CCPS system and allied software

40 5 All the four Data Centres

Successful Bidder shall have to provide detailed training programme indicating training content, tentative schedule, etc.

31.10 Content of training and the training schedule shall be finalized by BSNL in consultation with the Successful Bidder as per the inputs provided along with the bid.

32. Roles & Responsibilities

32.1 Provide IVRS and CCPS system with latest version of hardware and software by replace-ment of existing IVRS setup as listed in the SOR and then assume responsibility for all integration with the existing application, systems and networks and migration of all ex-isting functionalities to new IVRS & CCPS platform.

32.2 Structured Data Cabling, fibre channel and power cabling at Data Center by replace-ment of existing cabling. The cable and related accessories should be part of delivery items. Power cabling from the panels in the server/network room to the hardware should be replaced.

32.3 Continuity of existing IVRS services and functionalities during the replacement and upgradation activities with new IVRS & CCPS system and allied software.

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32.4 Facilitate continuity of Disaster recovery services on new IVRS and CCPS system and al-lied software along with periodic DR testing on half-yearly/need basis.

32.5 Training to BSNL staff as per tender requirements.

32.6 Provide Support Service for the IVRS & CCPS system.

32.7 The Successful Bidder shall have to furnish detailed Statement of Work comprising fol-lowing essentials along with the bid document:

32.7.1 Project Scope.

32.7.2 Phase wise :

a) Responsibility matrix along with escalation

b) Deliverables

c) Detailed Time lines (Delivery, Physical installation, powering on, software loading, Acceptance testing, validation and migration.)

d) Timeline for decommissioning and recovery of existing hardware.

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32.8 To ensure the scheduled time frame (phase wise) as mentioned in the tender.

32.9 Design the System ensuring redundancy at all critical points to achieve set system level performance and ensure the system performance as per SLAs defined during operation.

32.10 The Successful Bidder shall ensure deployment of a strong operation and project man-agement team with relevant domain expertise during the execution, warranty / AMC pe-riods for the IVRS & CCPS system delivered as part of this tender.

32.11 Successful Bidder shall submit the list of OEMs/SSPs to be engaged in delivery of the products along with the bid.

33. Reporting

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33.1 Successful Bidder shall provide to BSNL, as part of Successful Bidder’s monthly perfor-mance reports, a set of reports to verify Successful Bidder’s performance and compliance with the Service Levels and Critical Deliverables, in a form and structure acceptable to BSNL.

33.2 Successful Bidder shall provide detailed supporting information for each Service Level per-formance report to BSNL, in a form and structure acceptable to BSNL.

33.3 BSNL may access such information online and in real-time, where technically feasible, at any time during the Term and Termination Assistance period, in a form and structure ac-ceptable to BSNL. As a practice the hardware Performance Management tool shall be con-figurable for most of the service level parameters defined in the tender.

33.4 Successful Bidder shall provide draft Service Level posting on or before the fifth (5th) busi-ness day of the month following the completion of any Measurement Period, and shall pro-vide the completed Service Level posting on or before the tenth (10th) business day of the month following the completion of any Measurement Period.

33.5 No post-reporting adjustment shall be made to any Service Level performance data or supporting information without BSNL’s approval

33.6 Successful Bidder shall maintain a log of all such Service Level change requests, including the nature of the Service Level change, BSNL approval with approver details, and Service Level change date.

33.7 Successful Bidder shall investigate and correct all Critical Priority Incidents and Problems, regardless of whether or not such Incidents and Problems constitute Service Level De-faults

34 Exceptions

34.1 If any events or periods that are measured as part of a Service Level are not successfully achieved in accordance with the relevant performance standard specified in the Service Level, and Successful Bidder demonstrates that such failure is directly caused by any of the following, then such events or periods shall be disregarded for the purpose of calcu-lating the relevant Service Level (and shall be excluded from both the numerator and the denominator for the purposes of calculating whether the Service Level has been achieved):

a. During scheduled maintenance activities (i.e. build, releases, scheduled maintenance).

b. With respect to major initial and new system/product implementation an exception will be granted for a period as decided by the CGM, ITPC for applicable Critical Service Levels post full implementation.

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c. An exception will be granted for a period as decided by the CGM, ITPC for applicable Critical Service Levels after a Disaster event and upon return to the main site.

d. During wide spread disruption of public transport system.

35 Hours of Support:

The Systems are supported 24x7x365 with the exception of agreed maintenance windows.

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36 Maintenance windows :

The following maintenance windows will be agreed upon for the purposes of carrying out regular Change Management Procedures associated with Release management and maintenance of the Systems.

Monday through Sunday 09 pm - 5am

37 System Level SLA - System Availability and System Performance Parameters :

System availability Metric (Uptime)

IVRS& CCPS (Hardware and Software) allied equipment

99.9 %

37.1 The Uptime in % would be measured as detailed below:

{[(Actual Uptime + Scheduled Downtime) / (Scheduled Hours] x 100}

The above percentage will be calculated quarterly.

37.2 "Actual Uptime" means, of the Scheduled Hours, the aggregate number of hours in any month during which each Machine / application, is actually available for use.

37.3 “Scheduled Downtime" means the aggregate number of hours in any month during which each Machine / application, is down during Scheduled Hours, due to preventive mainte-nance and scheduled outages. However for any scheduled and planned outages, the Ven-dor will have to take prior approval from Head of the Data Centre or designated Officer in advance.

37.4 "Scheduled Hours" means the measurement period in a 24 x 7 manner i.e. equivalent number of hours in month.

37.5 It is expected that Systems/ sub-systems for which the availability is 99.9% shall not be down by more than one hour per incidence and for not more than 2.5 hours cumulative in a quarter.

37.6 The desired system availability over a defined period shall be ensured. Scheduled backup and other recovery functions must be clearly identified by the Vendor with business im-pact explanations enclosed.

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Section 5 Part C

General Conditions of Annual Maintenance Contract (AMC)1. The successful Bidder shall be required to sign an Annual Maintenance Contract for

Hardware & Software components supplied through this Tender as per the provisions made in this tender document six months before the completion of warranty period.

2. Seven years comprehensive AMC service after completion of warranty period shall have to be provided by the Successful Bidder. Successful Bidder shall stock sufficient spares for rendering service and meeting SLA.

3. The Successful Bidder shall quote for year-wise comprehensive Annual Maintenance Contract for Seven years which shall become effective from the date of completion of warranty period. The cost shall be quoted as a percentage of the total component- wise cost. Here component means hardware, network and software components.

4. During the implementation period and warranty period the Successful Bidder shall perform all the functions as enunciated under the AMC at no extra cost to the Purchaser. In case of supplier failure(s), all the penalty clauses shall be applicable during the implementation period and warranty period.

5. The Successful Bidder, at the time of submitting the bid, shall submit the proposal specifying the fault control centre location and how the Successful Bidder proposes to carry out repair under AMC. The Successful Bidder shall also indicate what spares will be kept in different locations. The infrastructure planned to be created by the Successful Bidder to fulfil his obligations under AMC and his action plan to deal with the various situations arising out of hardware and software faults shall be clearly indicated.

6. The bidder and its consortium partner(s) shall submit separate performance bank guarantee as per value specified in Section 5-B towards fulfillment of obligations under AMC, in a prescribed Performa. The PBG shall be submitted at least two months in advance of date of start of AMC. The PBG shall be valid for a period of eight years. Purchaser reserves the right to forfeit the APO PBG if the PBG against AMC is not submitted in time. The validity of the AMC PBG shall have to be extended by the System Integrator to cover the whole seven years of AMC, if for any reason the date of start of AMC changes.

7. The support for planning, optimization and tuning of hardware and software after commissioning, whenever needed during Operation / AMC period shall be provided by Successful Bidder at no extra cost to the Purchaser.

8. For SLA during AMC please refer AMC agreement document at Clause no. 9 of this section.

9. Annual Maintenance Contract :

Agreement Proforma

This agreement is made on the ________ day of ______(year) to be effective from ___________ between M/s. Bharat Sanchar Nigam Limited a company registered under the Companies Act 1956 having license to provide all types of services of Telegraph and having its registered office and corporate office at Bharat Sanchar Bhavan, H. C. Mathur Lane, Janpath, New Delhi-110001 (hereinafter called BSNL) of the ONE PART and _________________________________________ a company registered under the Companies Act 1956 and having its registered office at ____________________________(hereinafter called Successful Bidder which expression shall unless repugnant to the context, include its successors in business, legal representatives and administrators or permitted assigns) of the OTHER PART.

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WHEREAS, BSNL has placed purchase order on the Successful Bidder vide No. _________________________________ dated for supply, installation, commissioning & Annual Maintenance of IVRS & CCPS system and allied components supplied against Tender No. Dated at Delhi. WHEREAS the Successful Bidder has made the offer to duly comply with all the provisions of the Bid Document, including those pertaining to Annual Maintenance Contract, after making himself fully aware and understanding fully the implications of the terms and conditions and specifications mentioned therein and which has been accepted by BSNL on the terms and conditions mentioned hereafter and after ascertaining that the Successful Bidder is fully capable of complying with the aforesaid terms of the Bid Document.

Now the Agreement witnesses as follows:

1. General

1.1. In addition to complying with all the terms and conditions recorded in the Bid Docu-ment, the Successful Bidder hereby agrees and unequivocally undertakes to fully com-ply with all the terms and conditions stipulated in this Agreement and without any devi-ation or reservations of any kind.

1.2. Unless otherwise mentioned or appearing from the context, the Tender (Bid) Document and any clarifications thereof and the purchase order shall form part and parcel of this agreement, provided that in case of conflict or inconsistency on any issue relating to this Agreement, the terms set out in the body of this agreement shall prevail.

1.3. The Successful Bidder shall prepare the schedule of preventive maintenance for each quarter and shall submit the same to BSNL in advance. Schedule shall include in detail, system wide preventive maintenance activities. The preventive maintenance shall not affect the normal functioning of the system.

1.4. The Successful Bidder shall be solely responsible for the maintenance & repair of the IVR System and allied components and parts thereof and BSNL shall not be liable to in-teract with any of the partners/ collaborators or subcontractors of the Successful Bid-der.

1.5. The Successful Bidder shall maintain a Service Level Management (SLM) tool to help au-tomate the evaluation of IT Service delivery against the committed Service Levels.

1.6. It has to be ensured by the Successful Bidder that it has back to back AMC agreements with all associated SSPs/vendors. The copy of the agreements shall be supplied at the time of signing the AMC contract and same should be submitted to respective data cen-ters (North/West/South/East).

2. Period of Validity of the Agreement:

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2.1. The Agreement shall remain in force for Seven years from the date of completion of Warranty period while at the same time the terms and conditions of this agreement ex-cept for payment of charges to the Successful Bidder shall also apply during warranty period.

2.2. Extension of this Agreement shall be negotiable for the second term depending on the performance of the Successful Bidder during the period of the initial term of 7 years.

3. Maintenance Responsibilities of Successful Bidder:

3.1. The detailed responsibilities of the Successful Bidder from maintenance perspective are given below in subsequent clauses, however, broadly the maintenance responsibility of Successful Bidder shall comprise:

3.1.1. Diagnose the fault/s in hardware, networking equipment, IVRS equipment, system software and application software as and when they occur.

3.1.2. Rectify the faults detected.3.1.3. Replace and if possible, repair faulty equipment or part thereof.3.1.4. Provide application/system software related fixes / patches and/or work around to

resolve the application/system related faults.3.1.5. Carry out preventive maintenance of hardware and application/system software ev-

ery quarter.

3.2. The Successful Bidder shall be responsible for maintaining the IVRS systems in such a manner so as to provide an optimum level of performance & service.

3.3. Service availability will be maintained by the Successful Bidder in accordance with the Uptime SLA terms for hardware, network, System and applications as mentioned in this document.

3.4. The uptime of the hardware / network would be defined as availability of the hardware to the application to perform it’s functions e.g. in case of clustered hardware, the down-time of the production hardware would be used to calculate the uptime.

3.5. The uptime of the applications would be defined as availability of the applications in conduct of the ‘normal’ business.

3.6. Vendor shall provide an overall quarterly average uptime as given below on the hard-ware configuration.

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3.6.1. The Uptime would be measured as detailed below:

3.6.1.1.{[(Actual Uptime + Scheduled Downtime) / Scheduled Hours] x 100} 3.6.1.2.The above percentage will be averaged annually.3.6.1.3."Actual Uptime" means, the aggregate number of hours in any month

during which each Machine / application, is actually available for use.

3.6.1.4.Scheduled Downtime" means the aggregate number of hours in any

month during which each Machine / application, is down during Scheduled Hours, due to preventive maintenance, scheduled outages. However for any scheduled and planned outages, the Successful Bidder will take prior approval from BSNL.

3.6.1.5."Scheduled Hours" means the measurement period in a 24 x 7 manner

i.e., equivalent number of hours in one year.

3.7. Any impairment of the IVR System infrastructure (due to reasons other than as men-tioned above) which results in creating backlogs in terms of processing, halting the ap-plication and unavailability of IVR Services to the users, Call Centre agents etc., would be solely attributable to the Successful Bidder unless it is due to Force Majeure condi-tions. Such impairment will attract the penalty clauses as per this document.

3.8. If a BSNL user / Call Centre user elect to continue the operation on a Machine or a mod-ule of the application, when a part of Machine or other modules of the application is giv-ing problem, the commencement of downtime shall be deferred until the user/s re-leases the Machine / applications or items of Machine / modules of the applications or operating software respectively required by the engineers of Technical Support Center to do remedial maintenance.

3.9. Machine / application downtime shall end when the Machine or application is rectified and the system resumes normal functioning.

3.10. Down time will not be considered under the following conditions:

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3.10.1.Failure by BSNL to take any specified action previously agreed with the Technical Support Center of the Successful Bidder.

3.10.2.Where BSNL has modified the software or hardware, without the prior written con-sent of the Technical Support Center of the Successful Bidder.

3.10.3.Repair time due to operational errors.3.10.4.Repair time due to failure caused by confirmed environmental conditions.

4. Technical Support Centre:

4.1. The Successful Bidder shall have Technical Support Centers co-located at the cities of location of Data Center to provide technical support. The Successful Bidder shall furnish the names, locations, complete postal address, Telephone numbers and FAX numbers of all Technical support Centers and the URL of the website for helpdesk purposes at the time of signing this Agreement. Location of these support centers shall be such that it shall not take more than one hour to reach the data centers.

4.2. Any change in Address, Phone number, FAX Number etc. shall have to be intimated in writing by the Successful Bidder to the concerned In charge of the BSNL Data Center.

4.3. The Successful Bidder shall ensure that all the Technical support centers are manned by fully competent and responsible Engineers. It shall be:

(i) Capable of giving all types of necessary technical guidance/assistance over phone to the respective Data Center In-charge or any other designated officers, so autho-rized.

(ii) Capable of attending the faults at the BSNL sites whenever needed by deputing competent technical expert.

(iii) Successful Bidder Shall have a dedicated team of engineers at Data center to attend the software, hardware & networking faults, which can be rectified on site.

4.1. The Successful Bidder shall also ensure that Technical support Centers are manned and are able to provide service to BSNL round the clock, all the seven days of the week throughout the year. The level of service provided to BSNL shall not go down during night time or any day due to being holiday, or for any other reason.

4.2. The Technical support Centers shall be responsible to repair/replace the faulty cards/units/PCBs of any system which is part of the IVRS with good cards/units/PCBs during the period of AMC.

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4.3. One or more of the Technical Support Center(s) shall also work as repair center(s) and the same shall be responsible for repairing/ replacing of the faulty cards/units/PCBs and shall also maintain a requisite minimum stock of such cards/equipment often going faulty, in order to keep the down time within limits as envisaged in this agreement.

4.4. The Technical support Center shall regularly obtain feedback about the health of the systems under its jurisdiction from the Data Center incharge of BSNL on a monthly ba-sis and maintain a proper record of such feedback. These shall be made available to the technical experts nominated by the Successful Bidder for analysis and such technical expert in turn shall give adequate and proper guidelines / technical advice process change recommendations to the in-charge of BSNL Data Centers for taking necessary preventive measure for reducing the frequency of such faults and also for preventing such faults from re-occurring. This shall, however, not absolve the Successful Bidder from fulfilling his obligations under this agreement.

4.5. The Successful Bidder shall provide support from the TSC with the provision for escala-tion of Service issues. The support staff shall be thoroughly trained in the system and shall have access to the highest-level experts available from the Successful Bidder.

4.6. The faulty modules/parts/cards shall be picked up by the Successful Bidder from the Data Center and returned after repairs or replacement as per time frames indicated elsewhere in this document.

4.7. The Successful Bidder shall ensure sufficient spares at the respective Technical support Centers to meet the desired service levels. The Successful Bidder would also ensure availability of right number of manpower (resources) with appropriate skill set at both production and DR site.

5. Technical Support Procedure

5.1. The Successful Bidder would need to have a Help Desk facility which would be the focal point for fault/query register and manage all calls with respect to the maintenance of the equipments and applications. This Help Desk facility shall work with the SLM tool to provide the desired input information. The procedure for the Technical support is de-fined below.

5.2. In case of any fault, abnormality in the system, partial or total failure of the system, the officer in-charge/ designated official of the BSNL Data Center will immediately access the helpdesk facility, maintained by the Successful Bidder, for registering the fault. In case of failure in registering the fault on the helpdesk, he shall contact the designated Technical support in-charge of the Successful Bidder stationed at the Data Center and give information about the nature of fault. The Help Desk facility shall be maintained at BSNL’s Data center.

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5.3. In both the scenarios, where fault is registered online with helpdesk facility or com-municated to the Successful Bidder over phone/fax/E-mail, the help desk system shall send E-mails/fax to concerned data center in-charge confirming the receipt with details of the registered faults including a reference/complaint number and a time/date stamp.

5.4. The helpdesk facility shall manage & regularly update a history/record of all types of faults for browsing/downloading/print out by the technical staff of BSNL &Successful Bidder. It shall also store & display typical operational problems, errors & their rectifica-tion process. This is to allow the BSNL staff to rectify common problems in consultation with the Successful Bidder’s staff.

5.5. Accessing of the helpdesk facility shall be possible through web, phone via IVRS, SMS etc. Web access & IVRS access shall be restricted through proper user & T-PIN/OTP management. Proper login & passwords shall be entered by user of different privileges to log into the helpdesk system.

5.6. The Helpdesk facility shall make available online help facility of all related product ven-dors. The details of the helpdesk procedures for various features shall be well docu-mented & supplied to the Data Center In-charges well in advance &also to BSNL head-quarters.

5.7. The time of reporting of the fault shall only be taken into consideration for calculating the actual duration of fault.

5.8. Similarly, after rectification of fault a ‘Fault Rectification Details’ report with the time of registering, time of restoration, total duration of fault, severity level and other details of the fault shall be automatically displayed in the helpdesk facility. This shall tally with the Fault Rectification Form signed by the Data center in-charge. The Successful Bidder shall keep a record of all the fault rectification forms signed by the data center in-charge for verification. The Fault Rectification form would have signatures of the Suc-cessful Bidder’s engineer as well.

5.9. In case of any dispute arising regarding duration of fault etc, the Fault registration de-tails & fault rectification form, as maintained at the BSNL Data Center and the Success-ful Bidder’s Technical Support Center shall be the guiding documents to resolve the dis-pute.

5.10. Technical instructions shall be given to the BSNL staff of the concerned Data Center, over phone. If the fault is restored by following the instructions given over phone, the Data Center In-charge will register the fault as closed in the helpdesk facility after mak-ing suitable entries and after satisfying himself of the proper restoration of the fault.

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5.11. The Successful Bidder shall also ensure visits of the expert and competent technical staff of the Successful Bidder in case the fault is not rectified to the satisfaction of BSNL even after following the telephonic instructions and advice. In such a case, the elapsed time will count towards fault restoration time/ system downtime.

5.12. Once the fault has been rectified and the system & services were restored to normalcy, the visiting engineer of the Successful Bidder shall record in the Data Center Mainte-nance Log Book, the details of the works done by him for restoration of the faults and also record the details of further steps to be taken.

5.13. BSNL would provide remote access for applying and testing the fixes /patches of the ap-plication software in development environment.

5.14. Upgrade/Updates/Patch/Release Management :

Successful Bidder shall ensure that patches, updates and upgrades are regularly loaded on to the system as and when available. Patches and updates shall have to be provided free of cost till the completion of the AMC period. For all practical purposes, a “Patch” will be defined as minor modifications to the Licensed Product made by the Product Vendor during the performance of error correction services and an “Update” shall mean a release of the Licensed Product which contains mainly error corrections and may contain some minor functionality enhancements. “Upgrade” of the software product shall mean a new release of the Licensed Product that involves the addition and / or enhanced functionality and might involve migration from the lower version to the higher version.

5.14.1. Successful Bidder shall supply BSNL with Patches, Updates and upgrades, and corresponding Documentation (the number of copies indicated in the Commer-cial Terms) from time to time as available.

5.14.2. Maintenance Services shall include the provision of Third Party Software up-grades, as made available by the Third Party Software manufacturer and as sup-ported by Successful Bidder.

5.14.3. The Successful Bidder shall follow a Patch Management/Release Management Procedure and share the plan for the same with BSNL

5.14.4. All the Patches/upgrades/Releases prior to their application on the Production Server need to be tested in the development/test Environment by the Successful Bidder before applying in production. All such tests need to be validated and signed off by BSNL personnel before release for Production. Successful Bidder shall apply such releases to Production only after BSNL has approved and signed off all the tests for the Patches/Releases/Upgrades.

5.14.5. The test Scenarios for testing of Patches/Upgrades/Releases shall be provided by the Successful Bidder however BSNL will have the authority to change the exist-ing testing Scenarios and add new scenarios for testing for their satisfaction.

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5.14.6. The success rate of Release/Upgrades/Patches when applied to Production shall not be less than 98%.

5.14.7. The Patches/Releases/Upgrades failing in Production will be treated as faults and will be prioritized based on Severity Levels defined in this document. Each such failure shall be categorized as per the situation arising out of such Patches/Re-leases/Upgrades failure. For example any Patches/Releases/Upgrades failure re-sulting in IVRS application failure affecting the availability of Services will be treated as severity level 1A with allowable quarterly downtime as mentioned elsewhere. The Successful Bidder need to resolve the faults within the time-frame defined in clause 6 of Faults and Severity Levels and Resolution time, fail-ing which the Successful Bidder will need to pay the Penalties as defined else-where.

5.14.8. Successful Bidder to provide BSNL all the training required and the necessary documentation for the Release/Patches/Upgrades.

5.14.9. Updates and Upgrades shall be supported during the AMC period.5.14.10. Successful Bidder shall provide Maintenance Services for all the Upgrades and

Updates.

5.14.1. From the beginning on the day Successful Bidder implements a new Version on the system supplied it shall support both the old Version and new Version concurrently for at least 120 days.

5.15. MAINTENANCE OF HISTORY SHEET AND LOG BOOKS:

5.15.1. The Successful Bidder shall supply elaborate maintenance pro-cedures and proforma of the history sheet to every Data Center of BSNL, where its equipments are installed. The In-charge of the Data Center shall fill up the computerized history sheet containing the statistics about the health of the equipments installed at the concerned Data Center and send a report to the Technical support Center of the Successful Bidder on monthly basis.

5.15.2. Based on the History sheet report, the Successful Bidder shall analyze the health record of each site and if something alarming or unusual is noticed, shall submit the preventive maintenance reports listing out the action-ables on the part of BSNL. On the advice of Successful Bidder, the Data Center In-charge has to take necessary actions.

5.15.3. Database driven computerized History sheet proforma inte-grated with SLM tool shall become part of this agreement. The Successful Bidder shall provide the hardcopy of the same at the time of signing of the agreement.

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5.16. Helpdesk Utility

5.16.1. Successful Bidder shall maintain a helpdesk utility to provide the following services apart from functionalities mentioned above:

S.N. Help Desk FeaturesThe web based Help Desk system would be the focal point in providing Technical support services to BSNL. System shall automatically track, log and escalate user service requests.

All Faults registered, shall be tracked in the helpdesk system till the cause of the fault has been detected, repaired and equipment/application restored.

Categorization of the faults shall be configurable. Once the resolution time of the faults gets over, it shall raise alarms, notification and escalation. The reports for the same shall be available from the Help Desk system.Provide a solutions database - Support staff can create a solution database containing information that other support users and end users can access for potential solutions to their problems or questions. The Help Desk system shall be configurable for different access for users/user groups as per their role. The entire database shall be able to be searched and shall output records containing the search criteria.

It shall allow to submit and check the status of reported problems through web interface based on complaint number, user name, equipment/application name, fault category etc.

5.16.2. Manage the Entire Life-Cycle of Help Desk Calls

5.16.2.1.The Technical Support Center shall have quality complaint processes to facilitate man-agement of requests. The Technical Support Center shall respond to phone, fax and on line requests for AMC Services in accordance with agreed terms of the contract. The Technical Support Center shall be equipped with Service Desk with sufficient manpower to record requests in the Help Desk system, which will track the entire life cycle of the request, and will manage the opening, assignment, acceptance, escalation, resolution and closing of the request.

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1.1.1.1.The Support Center shall manage requests in a way that is transparent to BSNL. During a request life cycle, the Help Desk shall make available information regarding its status and will notify the status upon completion.

1.1.2. Prioritize Help Desk Calls

1.1.2.1.The Successful Bidder shall employ a judicious approach to prioritize requests depend-ing upon the severity of the complaint received. The Successful Bidder shall support different priority targets depending upon the agreed level of business impact on a par-ticular support issue.

1. Degradation in Performance, Faults, Resolution Time and associated Penalties1.1. During the AMC period, the entire system shall support the performance parameters

and % availability with minimum faults. In case there is degradation in performance or % non-availability is higher than specified or delay in restoration of faults beyond the prescribed limits will result in Penalties as per the corresponding non- compliance to AMC clauses.

1.2. Penalties will be imposed based on following:

1.3. In case system is completely non-available then the severity level shall be defined as per the system non-availability calculated over a period of quarter period. The penalties in such cases shall be imposed as indicated below:

SN Performance requirement Range of non-availability

Penalty

99.5% availability a. 99% to 99.5% in steps of 0.1%

0.5% of total quarterly maintenance charge (QMC) per 0.1% degradation

a. 98% to 99% in steps of 0.1%

0.6% of total quarterly maintenance charge (QMC) per 0.1% degradation

b. Less than 98% 0.7% of total quarterly maintenance charge (QMC) per 0.1%

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degradation

In case the % non-availability is a fraction of the 0.1, then the normal rounding procedure will be deployed, i.e. value less than 0.05 will be waived off and value more than 0.05 will be considered as 0.1.

Note: Systems shall not be down for more than 11 hours in a quarter beyond which Penalty

will be levied as mentioned above. Also, systems shall not be down for more than six hour per incidence beyond which Penalty will be levied as per penalty code 1A.

1.4. If the successful Bidder fails to make/implement following changes by suitably modify-ing the existing IVRS tree (without any additional cost to the purchaser) within specified period/timelines as mentioned below, from the date of requirement the applicable penalty shall be as follows:

6.4.1 Patch updates

SLA Parameter

Description Penalty

Patch updates Availability of current patch level on the system components.

Target: All patches released, to be installed within 60 days

Beyond 60 days penalty code 2C will be applicable.

6.4.2 Helpdesk ticket- Time to Resolve SLA Parameter

Description Service Level Penalty Code

Time to Resolve

Time taken to resolve the reported problem.

Target: 100% of the incidents should be resolved within 24 hours of problem reporting

100% within the defined target time

Nil

>24 hours to 48 hours 2C

>28 A 2B

6.4.3 Submission of Root Cause Analysis (RCA) reports

SLA Parameter Description Service Level

Penalty Code

Submission of Root Cause Analysis (RCA) reports

For all Severity incidents resolved during the quarter, SI to submit RCA reports.

Target: within 15 Working days from date and resolution time

<=15 Working days

Nil

>15 Working days

Rs 10000 per incidence

6.4.4 Change Request for IVRS Announcement modification

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SLA Parameter Description Service Level Penalty Code

Change Request for IVRS Announcement modification

Change Request for IVRS Announcement modification

Target: within 7 days

<= 7 days Nil>7 days and <=15 days

2C

>15 days and <=30 days

2B

>30 days 2A

6.4.5 Change Request for Existing IVRS flow modificationSLA Parameter Description Service

LevelPenalty Code

Change Request for Existing IVRS flow modification

Change Request for Existing IVRS flow modification(including announcement change )



2C


2B

>45 days 2A

6.4.6 Change Request for New IVRS flow implementationSLA Parameter Description Service

LevelPenalty Code

Change Request for New IVRS flow implementation

Change Request for New IVRS flow implementation



2C


2B

>60 days 2A

1.1. Over and above the faults defined above, there would be minor faults which do not fully make the system un-operational e.g. Cluster hardware needing repair or replacement of part, Application needing proper solution instead of a work around etc. Such faults shall also be rectified. In the event of such faults are not repaired within 120 hours, the SI would be charged a penalty as per Severity Level 2C if such faults are not resolved.

1.2. In case of any fault, not mentioned in the table above, affects the functionality of the data center in any way shall be treated as per the severity level that will be mutually discussed and agreed between SI and BSNL along with the resolution time.

1.3. The time for restoration of fault will be counted from the time of reporting to the help desk

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1.4. The penalty shall be deducted from the quarterly bills. The maximum value of penalty for fault in Data Center shall not exceed 20% of AMC amount applicable for that quarter period.

1.5. Penalties for mal-functioning of Data Center IVRS hardware equipment or other equip-ment will be associated as per the severity level of the faults as described in this agree-ment. Severity level wise faults are described below:

Type of Problem

Total accepted down time in 3 months for individual hardware equipment

Resolution time per incidence

Penalty code

Servers H/W

6.9.1 One or more CPU down in a Server without affecting performance 96 48 1C

6.9.2 One or more CPU down in a Server affecting performance 24 12 1B

6.9.3

One or more Virtual Partition is down and the Application working smoothly in the Failover Partition

48 24 1C

6.9.4 Any other hardware fault affecting performance of the IVRS system 48 24 1B

6.9.5 Minor faults/software Bugs /integration codes issue etc. 48 24 1C

1.6. Penalty codes given above are defined below. These penalties shall be imposed for ev-ery occasion, Severity Level wise Penalty per hour of delay are given below:

Fault Severity Level Per Occasion Penalty per day/hour of delay

6.10.1 1A Rs. 20,000/ hour

6.10.2 1B Rs. 2,000/ hour

6.10.3 1C Rs. 1,000/ hour

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6.10.4 2A Rs. 20,000/ day

6.10.5 2B Rs. 10,000/ day

6.10.6 2C Rs. 5,000/ day

6.10.7 1. Delay will be counted in steps of one hour. More than half hour of delay will be treated as one hour delay.

2. Delay will be counted in steps of one day. More than 12 hour of delay will be treated as one day delay.

1. AMC Charges and Payments :

1.5. The charges for AMC will be as given in the purchase order. A copy of the same shall be enclosed as Appendix (to be made part of the agreement at the time of signing AMC).

1.6. BSNL shall not pay any charges in advance. Bills for AMC shall be paid by BSNL at the end of every three months, after successful execution of the works under this Agree-ment within 45 (Forty Five) days of the receipt of the duly completed Data Center-wise bills.

1.7. All payments shall be made by the Data Center In-charge based on the fault report re-ceived from the Data Center, after deducting penalties if any.

6. Force Majeure

1.8. Neither BSNL nor the Successful Bidder shall be liable to the other for any delay in or failure of performance of their respective obligation under the agreement caused by oc-currences beyond the control of BSNL or the Successful Bidder including but not limited to fire (including failure or reductions), acts of God, acts to the public enemy, war, in-surrections, riots, strikes, lockouts, sabotage, any law, status or ordinance, thereof of any other local authority, or any compliance therewith or any other causes, contingen-cies of circumstances similar to the above. Either party shall promptly but not later than twenty days thereafter notify the other of the commencement, and cessation of such

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contingencies, and if such contingencies continue beyond three months. Both parties agree upon the equitable solution for termination of this agreement or otherwise decide the course of action to be adopted.

7. Disputes & Arbitration

7.1. Disputes and Arbitration shall be governed by Clause No. 20 (Arbitration) and its sub-clauses 20.1, 20.2 and 20.3 of Section 5 Part A of the tender document.

7.2. Any party shall not use any information obtained from other party during the course of dispute resolution process under this clause for any purpose other than to resolve the dispute and such information shall not be used in any litigation.

7.3. Both parties shall use their best efforts in good faith and best intention to resolve dis -putes by mutual negotiation and consultation and shall settle amicably any dispute that may arise or relate to this agreement or a breach thereof. Pending resolution of a dis-pute, the Successful Bidder shall continue to fulfill its obligations under this agreement.

8. Termination of AMC

8.1. Notwithstanding anything contained in Dispute and Arbitration Clause No. 9 above, it is agreed and understood that BSNL at its sole discretion will terminate the agreement in case of following contingencies:

1.1.1. If BSNL finds the services of the Successful Bidder during AMC period are not as per the committed SLAs for three consecutive quarters, it reserves the right to termi-nate the AMC during its validity period, after giving three months notice to the Suc-cessful Bidder.

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1.1.2. If for any reason whatsoever, the Successful Bidder is not able to perform their part under this agreement for continuous period of ten days or more.

1.1.3. If BSNL is required to pay any damages and/or compensation and/or any payment to the third party including its customers on account of any negligent action or other-wise on part of the Successful Bidder.

1.1.4. If the Successful Bidder is unable to give proper account of tools, equipments etc., entrusted to them for their custody and fail to return when demanded for the execu-tion of work under this agreement.

8.2. In case, BSNL decides to terminate the contract because of the bad performance of the Successful Bidder, the AMC charges will be paid/ recovered on pro-rata basis. Recovery amount will also include any penalties already levied in the respective quarterly period.

8.3. After the expiry of annual maintenance contract, it shall be optional for BSNL to further enter into AMC contract with the contractor. In such circumstances, BSNL may purchase the spare parts /sub-assemblies /printed circuit boards etc. from the Successful Bidder. For this reason the Successful Bidder shall quote, in the bid price of these parts /sub-as-semblies, etc. to be paid by BSNL at that time.

9. Set off

9.1. Any sum of money due and payable to the Successful Bidder (including security deposit refundable to him) under this contract may be appropriated by the BSNL and set off the same against any claim of BSNL for payment of a sum of money arising out of this con-tract or under any other contract made by the Successful Bidder with BSNL.

IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed through their respective authorized representatives on the day, month and year written above.Signed and delivered for and on behalf of BHARAT SANCHAR NIGAM LIMITED.

By____________

Signed on behalf of M/s._____________________________________________By Shri _______________ holder of General Power of Attorney dated__________ executed in accordance with the Resolution No.______ dated _____________ passed by Board of Directors.

In the presence of:

Witness:

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1. _____________________2. _____________________

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SECTION- 6 Part A

UNDERTAKING & DECLARATION Performa

for Understanding the Terms & Conditions of tender& Specifications of Work

A) Certified that:

1. I/ We ……………………………………. have read, understood and agree with all the terms and conditions, specifications included in the TENDER documents & offer to execute the contract at the rates quoted by us in the TENDER form.

2. If I/ We fail to enter into the agreement & commence the contract in time the EMD/ SD deposited by us will stand forfeited to the BSNL.

B) The Bidder hereby covenants and declares that:

1. All the information, Documents, Photo copies of the Documents/ Certificates enclosed along with the TENDER offer are correct.

2. If anything is found false and/or incorrect and/or reveals any suppression of fact at any time, BSNL reserves the right to debar our tender offer/ cancel the LOA/ Purchase/ work order if issued and forfeit the EMD/ SD pending with BSNL. In addition, BSNL may debar the Bidder from participation in its future TENDERs.

3. No addition/ deletion /correction have been made in the downloaded tender document being submitted and it is identical to the tender document appearing on website.

In case of any correction/addition/alteration/omission in the TENDER document, the TENDER bid shall be treated as non-responsive and shall be rejected summarily

Date: …………… …………………………………Signature of Bidder

Place: …………… Name of Bidder……………………………….

Along with date & Seal

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SECTION 6 PART B

NEAR RELATIONS CERTIFICATE

(Certificate to be given by the Bidder in respect of status of employment of his/ her near relative (s) in BSNL)

“I……………………………………….s/o…….…………………………………….r/o………………………………………………………………………………………………………………………………………………………………………………….hereby certify that none of my relative(s) as defined in the Tender Document is/are employed in BSNL unit as per details given in Tender Document. In case at any stage, it is found that the information given by me is false / incorrect, BSNL shall have the absolute right to take any action as deemed fit/without any prior intimation to me.”

Signature of the Bidder with date and seal

SECTION- 7 (A) For the BID SECURITY/ EMD Guarantee

(To be typed on Rs.100/- non-judicial stamp paper) of 359


Solution (CCPS)

Dated: dd.mm.yyyySub: Bid Security/EMD guarantee.

Whereas M/s …………………………… office/at ……………… ………… ……………………………………… (Hereafter referred to as Bidder) has approached us for giving Bank Guarantee of Rs. ……………………/- (hereafter known as the “B. G. Amount”) valid up to …../……/ 20….. (hereafter known as the “Validity date”) in favour of DGM (MMT) BSNL CO, Delhi (Hereafter referred to as BSNL) for participation in the tender of work of …………………………………………….. vide tender no. ………………………………….

Now at the request of the Bidder, We ……………………………………… Bank …………………………Branch having ………………………………………… ………. .……………………………………. (Address) and Regd. office address as ……… ………...……………………………………………………………………… ……… ……… …………… (Hereinafter called ‘the Bank”) agrees to give this guarantee as hereinafter contained:

2. We the Bank do hereby undertake to pay the amounts due and payable under this guarantee without any demur, merely on a demand from the BSNL stating that the amount claimed is due by way of loss or damage caused to or would be caused to or suffered by the BSNL by reason of breach by the said bidder(s) of any of terms or conditions contained in the said Agreement or by reason of the bidder (s) failure to perform the said Agreement. Any such demand made on the bank shall be conclusive as regards the amount due and payable by the Bank under this guarantee where the decision of the BSNL in these counts shall be final and binding on the bank. However, our liability under this guarantee shall be restricted to an amount not exceeding the “B. G. Amount”.

3. We undertake to pay to the BSNL any money so demanded notwithstanding any dispute or disputes raised by the bidder(s) in any suit or proceeding before any court or tribunal relating thereto our liability under this present being absolute and unequivocal. The Payment so made by us under this bond shall be valid discharge of our liability for payment there under and the bidder(s) shall have no claim against us for making such payment.

4. We the Bank further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said agreement and that it shall continue to be enforceable till all the dues of the BSNL under or by virtue of the said Agreement have been fully paid and its claims satisfied or discharged or till BSNL Certifies that the terms and conditions of the said Agreement have been fully and properly carried out by the said bidder(s) and accordingly discharge this guarantee. Unless a demand or claim under this guarantee is made on us in writing or before the expiry of Validity date from the date hereof, we shall be discharged from all liability under this guarantee thereafter.

5. We the Bank further agree with the BSNL that the BSNL shall have the fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said Agreement or to extend time of performance by the said bidder(s) from time to time or to postpone for any time or from time to time any of the powers exercisable by the BSNL against the said bidder(s) and to forbear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our liability by reason of any such variation, or extension being granted to the said Bidder(s) or for any forbearance, act or omission on the part of the BSNL or any indulgence by the BSNL to the said bidder(s) or by any such matter or thing

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whatsoever which under the law relating to sureties would, but for this provision, have effect of so relieving us.

6. Notwithstanding anything herein contained:

(a) The liability of the Bank under this guarantee is restricted to the “B. G. Amount” and it will remain in force up to its Validity date specified above.

(b) The guarantee shall stand completely discharged and all rights of the BSNL under this Guarantee shall be extinguished if no claim or demand is made on us in writing on or before its validity date.

7. In case BSNL demands for any money under this bank guarantee, the same shall be paid through banker’s Cheque in favour of “AO (Cash) BSNL CO” payable at New Delhi.

8. The Bank guarantees that the below mentioned officer who have signed it on behalf of the Bank have authority to give this guarantee under its delegated power.

Place: ……………………………

Date: ………………………….. (Signature of the Bank Officer) Rubber stamp of the bank

Authorized Power of Attorney Number: ……………….Name of the Bank officer: …………………………….. Designation: ……………………………………

Complete Postal address of Bank: ……………………………………………………………………………………

Telephone Numbers ……………………………..Fax numbers……………..

Section 7(B)

Format for the Performance Bank Guarantee(To be typed on Rs.100/- non-judicial stamp paper)

Sub: Performance guarantee.

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Whereas AGM (MM) BSNL CO, Delhi office at …………………………..………… …………………..(hereafter referred to as BSNL) has issued an APO no. …………..………. Dated ……/……/20….. awarding the work of …………… …… … ………………………………….. to M/s …………………..…………………………… R/o ………………………………………………………………… (hereafter referred to as “Bidder”) and BSNL has asked him to submit a performance guarantee in favour of DGM(MMT) BSNL CO, Delhi of Rs. …………..……/- (hereafter referred to as “P.G. Amount”) valid up to ……/……/20………(hereafter referred to as “Validity Date”)

Now at the request of the Bidder, We ……………………………………… Bank …………………………Branch having ……………………..…………………… ………. .……………………………………. (Address) and Regd. office address as ……… ………...……………………………………………………………………… ……… ……… …………… (Hereinafter called ‘the Bank”) agreed to give this guarantee as hereinafter contained:

2. We, “the Bank” do hereby undertake and assure to the BSNL that if in the opinion of the BSNL, the Bidder has in any way failed to observe or perform the terms and conditions of the said agreement or has committed any breach of its obligations there-under, the Bank shall on demand and without any objection or demur pay to the BSNL the said sum limited to P.G. Amount or such lesser amount as BSNL may demand without requiring BSNL to have recourse to any legal remedy that may be available to it to compel the Bank to pay the same.

3. Any such demand from the BSNL shall be conclusive as regards the liability of Bidder to pay to BSNL or as regards the amount payable by the Bank under this guarantee. The Bank shall not be entitled to withhold payment on the ground that the Bidder had disputed its liability to pay or has disputed the quantum of the amount or that any arbitration proceeding or legal proceeding is pending between Bidder and BSNL regarding the claim.

4. We, the Bank further agree that the guarantee shall come into force from the date of its issue and shall remain in full force and effect up to its Validity date.

5. The Bank further agrees that the BSNL shall have the fullest liberty without the consent of the Bank and without affecting in any way the obligations hereunder to vary any of the terms and conditions of the said agreement or to extend the time for performance of the said agreement from any of the powers exercisable by BSNL against the Bidder and to forebear to enforce any of the terms and conditions relating to the said agreement and the Bank shall not be relieved from its liability by reason of such failure or extension being granted to Bidder or through any forbearance, act or omission on the part of BSNL or any indulgence by BSNL to Bidder or any other matter or thing whatsoever which under the law relating to sureties would but for this provision have the effect of relieving or discharging the guarantor.

6. Notwithstanding anything herein contained ;(a) The liability of the Bank under this guarantee is restricted to the P.G. Amount

and it will remain in force up to its Validity date.(b) The guarantee shall stand completely discharged and all rights of the BSNL

under this Guarantee shall be extinguished if no claim or demand is made on us in writing on or before its validity date.

7. In case BSNL demands for any money under this bank guarantee, the same shall be paid through banker’s Cheque in favour of “AO (Cash) BSNL CO” payable at New Delhi.

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8. The Bank guarantees that the below mentioned officer who have signed it on behalf of the Bank have authority to give this guarantee under its delegated power.

Place: ……………………………

Date: ………………………….. (Signature of the Bank Officer) Rubber stamp of the bank

Authorized Power of Attorney Number: ……………….Name of the Bank officer: …………………………….. Designation: ……………………………………

Complete Postal address of Bank: ……………………………………………………………………………………

Telephone Numbers ……………………………..Fax numbers……………………………….

Section7(C)

Format for Letter of Authorization for attending Bid Opening

(To be typed preferably on letter head of the company)

Subject:Authorization for attending Bid opening

I/ We Mr. /Ms. …………………………………….. have submitted our bid for the tender no. ………………………….……… in respect of …………………… ………………………………………………………….. (Item of work) which is due to open on

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…………………. (date) in the Meeting Room, O/o ………………………………………………………………………………….

We hereby authorize Mr. / Ms. ………………………………& Mr. / Ms…………….………… (alternative) whose signatures are attested below, to attend the bid opening for the tender mentioned above on our behalf.

…………………………………….Signature of the Representative

Name of the Representative …………………………………….Signature of the alternative Representative …………………………………………..Name of the alternative Representative

Above Signatures Attested

Signature of Bidder/ Officer authorized to signon behalf of the Bidder

Note 1: Only one representative will be permitted to attend the Bid opening

2. Permission for entry to the hall where bids are opened may be refused in case authorization as prescribed above is not received.

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SECTION 7 (D)

Model Amendment Letter Intimating Conditions for Extension of Delivery Period(Refer to Appendix (i) to clause 15.3 of Section-5 Part A)

Registered A Due

Address of the purchaser----------------------------------------------------------------

ToM/s ………………………………..………………………………………

Sub: This office contract no………….. dated …………. placed on you for supply of …………………………………………………………………….

Ref :Your letter no……………………………… dated ……………….We are in receipt of your letter, wherein you have asked for extension/ further extension of time for delivery/ execution/ installation/ commissioning. In view of the circumstances stated in your above referred letter, the time of delivery can be extended from _______ (original/ last delivery period) to ____________ (presently agreed delivery period) subject to your unconditional acceptance of the following terms and conditions:

1. That, liquidated damages shall be levied in accordance with agreed clause 16.2 & 16.3 Section-5 Part A of terms and conditions of the tender/ PO.

2. That, notwithstanding any stipulation in the contract for increase in price on any ground, no such increase, whatsoever, which takes place after current last date of Delivery shall be admissible on such of the said goods as are delivered after the said date as per clause 12 Section-5 Part A.

3. That, the prices during this extended delivery period shall be provisional and shall be governed as per agreed clauses 12 and 24 of Section 5 Part A and shall be finalized in accordance with the current PO price or the current PO price with latest budget/ duty impact or the prices in the new tender (T.E. no. ………..) from the date of its opening, on whichever is lower basis.

4. An additional BG of Rs._____in accordance with clause 15.3, Section- 5PartA of the contract with validity up to _______.

5. An undertaking as required vide clause 24.3, Section-5A. Otherwise furnish the details as requisite in clause 24.4 section 5 Part A”

Please intimate your acceptance of this letter alongwith the additional BG within ten days of the issue of this letter failing which the contract will be cancelled at your risk and expense without any further reference to you. This letter shall form part and parcel of the agreement/ contract/ APO/ PO and all other terms & conditions of the contract remain unaltered.

Yours faithfully,(………………………)

for and on behalf of………..Note : The entries which are not applicable for the case under consideration are to be deleted.

SECTION 7 (E)

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Model Amendment Letter for Extension of Delivery PeriodAppendix (ii) to clause 15.3 of Section-5 Part A

Registered Acknowledgement DueAddress of the purchaser

--------------------------------To

M/s ………………………………..………………………………………

Sub:This office contract no………….. dated …………. placed on you for supply of ………………

Ref : 1. Your letter no……………………………… dated …………. requesting DP extension2. This office letter no. ……………… dated …… intimating conditions for DP extension3. Your letter no………………….. dated ……. accepting the conditions for DP extension

In your above letter under reference (1), you have asked for extension/ further extension of time for delivery/ execution/ installation/ commissioning. The terms and conditions for extension of delivery period were conveyed to you vide this office letter under reference (2). In view of the circumstances stated in your above referred letter, and upon your unconditional acceptance of the terms and conditions of this extension vide your letter under reference (3), the time of delivery is hereby extended from _______ (last delivery period) to ____________ (presently agreed delivery period) on the terms and conditions in letter under reference (2) above and agreed by you vide letter under reference (3) i.e.:(a) Liquidated damages shall be levied in accordance with agreed clause 16.2 & 16.3

Section-5 Part A of terms and conditions of the tender/ PO.(b) Notwithstanding any stipulation in the contract for increase in price on any ground, no

such increase, whatsoever, which takes place after current last date of Delivery/ completion of work shall be admissible on such of the said goods as are delivered after the said date as per clause 12 Section- 5 Part A.

(c) The prices during this extended delivery period shall be governed as per clauses 12 and 24 of Section-5 Part A and shall be finalized in accordance with current PO price or the current PO price with latest budget/ duty impact or the prices in the new tender (T.E. no. ………..) from the date of its opening, on whichever is lower basis.

The letters under reference above and this letter shall form part and parcel of agreement/ contract/ APO/ PO and all other terms & conditions of the contract remain unaltered.

Yours faithfully,(………………………)

for and on behalf of………..Copy to :…………………..………………….. (All concerned)Note:- The entries which are not applicable for the case under consideration are to be deleted.

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Section 7-(F)

Consortium Agreement(On Rs. 100 Non-Judicial Stamp Paper)

In compliance to Clause No.…..of Tender No.dated, a consortium has been formed on <Date>between <Bidder’s Name> and <OEM name> to meet various eligibility conditions and experience criteria specified in the Tender No___________, dated_______.

It has been agreed amongbidder and the consortium partner that <Bidder’s Name> is designated to submit the Bid on behalf of this consortium and henceforth called as Bidder. “Lead Bidder” and the “Bidder” have been used interchangeably. It is also confirmed that both the members of the said consortium meet the eligibility conditions as specified in the above referred tenderand have authorized the “Lead bidder” by way of duly executed power of attorney in his favour to act on their behalf.

It has been agreed that both the bidder as well as consortium partner shall furnish separate Performance Bank Guarantees (PBGs) for Purchase order (PO) as well as for AMC, each for an amount specified in the Section 5 B of tender.

It has also been agreed that the in its capacity as lead Bidder, <Bidder’s Name> will interact with BSNL for all obligations.

The Lead bidder and consortium partner shall be liable for due performance of the contract jointly and severally, whereas the responsibility of Consortium Partner other than lead bidder, shall be limited to such Consortium Partner share of obligations in the contract for products and /or services as defined in the agreement signed between the Lead Bidder and Consortium Partner and is in accordance with the tender requirements.

The details of Bidder and consortium partner are as under:-<Bidder Name>:- <Details containing Registered office & correspondence address><Consortium Partner >:- <Details containing Registered office & correspondence address>::IN WITNESS WHEREOF the parties have caused this AGREEMENT to be executed by their duly authorized officers as of the day first above writtenFor <Bidder’s Name>Signature of Authorized SignatoryName:-Designation:-Contact Phone:-Email-ID:-Date:-Witness-1Signature:-Name:-Designation:-Contact Phone:-Email-ID:-Date:

For<Consortium Partner>Signature of Authorized SignatoryName:-Designation:-Contact Phone:-Email-ID:-Date:-Witness-1Signature:-Name:-Designation:-Contact Phone:-Email-ID:-Date:-

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SECTION 7 (G)

(Support Certificate)(On the Bidder’s Letter Head)

To,Tendering AuthorityBSNL

Subject: Tender for Supply, Installation, Commissioning, Integration, Operation &Maintenance (O&M) and Annual Maintenance Contract (AMC) for Interactive Voice Response System (IVRS) and Contact Centre Platform Solution (CCPS), with replacement of existing IVRS systems installed in CDR Project-I and CDR Project-II of BSNL (ensuring no interruption in IVRS services), on turnkey basis.

Sir,

It is to certify that the following hardware/software, for which M/s ……………. is the OEM, has been quoted in our (M/s ……..name of the bidder………) bid.

S.N All Hardware/ Network/ Software System Model/ Version1234…

We undertake to provide the following:

1. Full Professional Service Support for turnkey implementation of the project covering all the above hardware/network/ software components, their Planning, Installation, commissioning & integration with other components of the project, migration, training, Operation of system and project completion within the time schedules specified in the tender document.

2. Preparation of all the documentation pertaining to planning, design, engineering, customization, integration, installation, operations and maintenance.

3. Support for implementation, operation, maintenance and upgrades is available as per terms and conditions of Operation during warranty (1 year) and AMC (7 years).

4. Applications shall be supported on the given platform (including OS and quoted Database) during warranty period of 1 year and AMC period of 7 years, and that patches, release, updates and upgrades shall be made available on this platform (including OS and quoted Database) for this period.

5. It has been agreed that in his capacity as Bidder, M/s…………………………… will interact with BSNL for all obligations.

We also certify that the agreement in the above respect has already been signed with the OEM.__________________________________

Signature of Authorized signatory of OEM/ Country Manager of OEMName & Designation

Signature of Authorized signatory of BidderName & Designation

Section 7 (H)

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(Sizing Certificate)(To be given by software application OEM/SSP)

To

Tendering authorityBSNL

Subject: Tender for Supply, Installation, Commissioning, Integration, Operation & Maintenance (O&M) and Annual Maintenance Contract (AMC) for Interactive Voice Response System (IVRS) and Contact Centre Platform Solution (CCPS), with replacement of existing IVRS systems installed in CDR Project-I and CDR Project-II of BSNL (ensuring no interruption in IVRS services), on turnkey basis - Certificate from OEM (ISV) about sizing of hardware with OEM’s application software.

Sir,

1. This is to certify that the solution and following hardware sizing quoted in the bid of M/s ………….(Name of the Bidder………..), for the applications (including all the modules), for which our company, M/s …………………..is the OEM, is sufficient to meet all the requirements mentioned in the tender. The details of the Applications and Hardware are as under:

Product Sizing

S.N. Application Software Name

ApplicationVersion

HardwareRequired(CoreClock speed,type/make, RAM)

Platform Detailsincluding OSwith version &Database withversion

Licenses Required(for software OEM)

This is to also to certify that this application/software(s) has been ported & running on quoted OS minimum last 6 months as on date of bid submission.

Signature of Authorized Signatory of OEM/Country Manager of OEM/SSPName

Signature of Authorized Signatory of HW/OEM/Country Manager of OEMName

Signature of Authorized signatory of BidderName & Designation

SECTION 7 (I)

INTEGRITY PAC T AGREEMENT

To be signed on plain paper by of 359


Solution (CCPS)

Both BSNL and the Bidder

This Integrity Pact Agreement is made on ___ day of ____, 20__, by and between:Bharat Sanchar Nigam Limited (BSNL) (hereinafter referred to as “The Principal”)And ……………………………….. (here inafter referred to as “The Bidder/Contractor”)Each of the Principal and the Bidder shall be individually referred to as the “Party” and collectively as the “Parties”.PreambleA. The Principal intends to award, under laid down organizational procedures, contract/s for…………………………. (“Tender”). The Principal values full compliance with all relevant laws and regulations, and the principles of economic use of resources, and of fairness and transparency in its relations with its Bidder/s .B. In order to achieve these goals, the Principal will appoint an Independent External Monitor (as hereinafter defined) who will monitor the Tender process and the execution of the contract for compliance with the principles mentioned above.Section 1 – Commitments of the Principal1.1 The Principal commits itself to take all measures necessary to prevent corruption and to observe the following principles:-1.2 No employee of the Principal, personally or through family members, will in connection

with the Tender for, or the execution of a contract, demand, take a promise for or accept, for him/herself or third person, any material or immaterial benefit which he/she is not legally entitled to.

1.3 The Principal will, during the Tender process treat all Bidder(s) with equity and reason. The Principal will in particular, before and during the Tender process, provide to all Bidder(s) the same information and will not provide to any Bidder(s) confidential/additional information through which the Bidder(s) could obtain an advantage in relation to the tender process or the contract execution.

1.4 The Principal will exclude from the process all known prejudiced persons. If the Principal obtains information on the conduct of any of its employees which is a criminal

offence under the relevant Anti-Corruption Laws of India, or if there be a substantive suspicion in this regard, the Principal will inform its Corporate Vigilance Office of BSNL (“Corporate Vigilance Office”) and in addition can initiate disciplinary actions.Section 2 – Commitments of the Bidder(s)

2.1 The Bidder(s) commits itself to take all measures necessary to prevent corruption. He commits himself to observe the following principles during his participation in the Tender process and during the contract execution.

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

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

4.5 The Bidder(s) will not commit any offence under the relevant applicable laws include the anti-corruption laws of India; further the Bidder(s)/Contractor(s) will not use improperly, for purposes of competition or personal gain, or pass on to others, any information or document provided by the Principal as part of the business relationship, regarding plans, technical proposals and business details, including information contained or transmitted electronically.

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4.6 The Bidder(s)/ will, when presenting his Bid, disclose any and all payments he has made, is committed to or intends to make to agents, brokers or any other intermediaries in connection with the award of the Contract.

4.7 The Bidder(s) will not instigate third persons to commit offences outlined above or be an accessory to such offences.

Section 3 – Disqualification from Tender process and exclusion from future contractsIf the Bidder(s) before award of the Contract or during execution of the Contract has committed a transgression through a violation of Section 2, above or in any other form such as to put his reliability or credibility in question, the Principal is entitled to disqualify the Bidder(s)/Contractor(s) from the tender process or take action as per the defined procedure. Section 4 – Compensation for Damages4.1 If the Principal has disqualified the Bidder(s) from the Tender process prior to the award

of the Tender, according to Section 3, the Principal is entitled to demand and recover the damages equivalent to Bid Security.

4.2 If the Principal has terminated the Contract in accordance with Section 3, or if the Principal is entitled to terminate the Contract according to Section 3, the Principal shall be entitled to demand and recover from the Contractor the amount equivalent to Performance Security in addition to any other payments as per terms and conditions of the Tender Document.

Section 5 – Previous transgression5.1 The Bidder declares that no previous transgression occurred in the last 3 years with any

other Company in any country conforming to the anti-corruption approach or with any other public sector enterprise in India that could justify his exclusion from the Tender process.

5.2 If the Bidder makes any incorrect, contrary to the provisions of this Section 5, , he can be disqualified from the Tender process or action can be taken as per the defined procedure.

Section 6 – Equal treatment of all Bidders/ Subcontractors6.1 The Principal will enter into agreements with identical conditions as this one with all

Bidders6.2 The Bidder(s) undertake(s) to demand from all subcontractors a commitment in

conformity with this Integrity Pact Agreement. 6.3 The Principal will disqualify from the Tender process all bidders who do not sign this

Integrity Pact Agreement or violate its provisions. Section 7 – Criminal charges against violating Bidder(s)/ Subcontractor(s)If the Principal obtains knowledge of conduct of a Bidder, or Subcontractor, or of an employee or a representative or an associate of a Bidder, or Subcontractor, which constitutes a violation of the terms and conditions of stated herein, or if the Principal has substantive suspicion in this regard, the Principal will inform the Corporate Vigilance Office.

Section 8 – Independent External Monitor 8.1 The Principal appoints competent and credible independent external Monitor for this

Integrity Pact Agreement (“Independent External Monitor”). The task of the Independent External Monitor is to review independently and objectively, whether and to what extent the Parties comply with the obligations under this Integrity Pact Agreement.

8.1 The Independent External Monitor is not subject to instructions by the representatives of the Parties and performs his functions neutrally and independently. He reports to the CMD of the BSNL.

8.2 The Bidder(s) accepts that the Independent External Monitor has the right to access without restriction to all project documentation of the Principal including that provided by its sub-contractor. The Bidder will also grant the Independent External Monitor, upon his request and demonstration of a valid interest, unrestricted and unconditional access to his project documentation. The same is applicable to the subcontractors of the

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Bidder. The Independent External Monitor is under contractual obligation to treat the information and documents of the Bidder(s)/ Subcontractor(s) with confidentiality.

8.4 Notwithstanding anything contained in this Section, the Bidder(s) shall have no obligation whatsoever to provide any internal costing mechanisms or any internal financial or commercial data pursuant to any audit or review conducted by or on behalf of the Principal. Further, the Bidder(s) shall not be required to provide any data relating to its other customers, or any personnel or employee related date.

8.5 The Principal will provide to the Independent External Monitor sufficient information about all meetings among the Parties related to the project provided such meetings could have an impact on the contractual relations between the Principal and the Bidder. The Parties offer to the Independent External Monitor the option to participate in such meetings.

8.6 As soon as the Independent External Monitor notices, or believes to notice, a violation of this Integrity Pact Agreement, he will so inform the management of the Principal and request the management to discontinue or take corrective action, or to take other relevant action. The Independent External Monitor can in this regard submit non-binding recommendations. Beyond this, the Independent External Monitor has no right to demand from the Parties that they act in a specific manner, refrain from action or tolerate action.

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

8.8 If the Independent External Monitor has reported to the CMD of the BSNL, a substantiated suspicion of an offence under Applicable Laws including relevant anti-corruption laws of India, and BSNL has not, within reasonable time, taken visible action to proceed against such offence or reported it to the Corporate Vigilance Office, the Independent External Monitor may also transmit this information directly to the Central Vigilance Commissioner, Government of India.

8.9 The word Independent External ‘Monitor’ would include both singular and plural.

Section 9 – Term 9.1 This Integrity Pact Agreement shall commence upon the date of signature by BSNL and

shall continue (a) for the Successful Bidder for a period of 12 months after the last payment has been made by the Principal to the Successful Bidder under the Contract, and (ii) for all other Bidders 6 months after the Contract has been awarded to the Successful Bidder (“Term”).

9.2 If any claim is made/ lodged during this time, the same shall be binding and continue to be valid despite the lapse of this Integrity Pact Agreement as specified above, unless it is discharged/determined by CMD, BSNL.

Section 10 – Other provisions10.1 This Integrity Pact Agreement is subject to the laws of India. The place of performance

and jurisdiction is the registered office of the Principal, i.e. New Delhi. The arbitration clause provided in the Tender Document / contract shall not be applicable for any issue /dispute arising under Integrity Pact Agreement.

10.2 Changes and supplements as well as termination notices need to be made in writing. 10.3 Should one or several provisions of this Integrity Pact Agreement turn out to be

invalid, the remainder of this Integrity Pact Agreement remains valid. In this case, the parties will strive to come to an agreement to their original intention.

10.4 Capitalised terms not defined in the Integrity Pact Agreement shall have the meaning assigned to it in the Tender.

-------------------------------- ---------------------------------- For the Principal For the Bidder/Contractor

Place…………………… Witness 1 : …………………… of 359


Solution (CCPS)

Date …………………… Witness 2 : ……………………

Section 7 (J)

Format of Non Disclosure Agreement (NDA)

(To be typed on Rs.100/- non-judicial stamp paper)

This Agreement is made as of the ------------- 2015 between BHARAT SANCHAR NIGAM LIMITED (BSNL) a Government of India Enterprise, having its Corporate office at Bharat Sanchar Bhawan, H.C. Mathur Lane, Janpath, New Delhi which expression shall unless repugnant to the subject or the context mean and included its successors, nominees or assigns and M/s ------------------ ------------------------------------------------------------------------------ a company incorporated under the Indian Companies Act, 1956, and having its registered office at ------------------------------------------------------------------------------------------ herein after called “----------------------” which expression shall unless repugnant to the subject or the context mean and include its successors, nominees or assigns.

Whereas in order to pursue the mutual business purpose of this particular project as specified in Exhibit A (the “Business Purpose”), BSNL and

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M/s---------------------------------------------------------------------------------------------- recognize that there is a need to disclose to one another certain information, as defined in para 1 below, of each party to be used only for the Business Purpose and to protect such confidential information from unauthorized use and disclosure.

In consideration of the other party’s disclosure of such information, each party agrees as follows:

1. This Agreement will apply to all confidential and proprietary information disclosed by one party to the other party, including information listed in Exhibit A attached hereto and other information which the disclosing party identifies in writing or otherwise as confidential before or within thirty days after disclosure to the receiving party (“Confidential Information”). Information consists of certain specifications, designs, plans, drawings, software, prototypes and/or technical information, and all copies and derivatives containing such Information, that may be disclosed to one another for and during the Purpose, which a party considers proprietary or confidential (“Information”). Information may be in any form or medium, tangible or intangible, and may be communicated/disclosed in writing, orally, or through visual observation or by any other means to one party (hereinafter referred to as the receiving party) by the other party (hereinafter referred to as one disclosing party). Information shall be subject to this Agreement, if it is in tangible form, only if clearly marked as proprietary or confidential as the case may be, when disclosed to the receiving party or, if not in tangible form, its proprietary nature must first be announced, and it must be reduced to writing and furnished to the receiving party within thirty(30) days of the initial disclosure.

2. M/s ----------------------------------------------------------------------------------------- and BSNL hereby agreed at during the Confidentiality Period:

a) The receiving party shall use Information only for the Purpose, shall hold Information in confidence using the same degree of care as it normally exercises to protect its own proprietary information, but not less than reasonable care, taking into account the nature of the Information, and shall grant access to Information only to its employees who have a need to know, but only to the extent necessary to carry out the business purpose of this project as defined in exhibit A, shall cause its employees to comply with the provisions of this Agreement applicable to the receiving party, shall reproduce Information only to the extent essential to fulfilling the Purpose, and shall prevent disclosure of Information to third parties. The receiving party may, however, disclose the Information to its consultants and contractors with a need to know; provided that by doing so, the receiving party agrees to bind those consultants and contractors to terms at least as restrictive as those stated herein, advise them of their obligations, and indemnify the disclosing party for any breach of those obligations.

b) Upon the disclosing party's request, the receiving party shall either return to the disclosing party all Information or shall certify to the disclosing party that all media containing Information have been destroyed. Provided, however, that an archival copy of the Information may be retained in the files of the receiving party's counsel, solely for the purpose of proving the contents of the Information.

3. The foregoing restrictions on each party's use or disclosure of Information shall not apply to Information that the receiving party can demonstrate: a) was independently developed by or for the receiving party without reference to the

Information, or was received without restrictions; or

b) has become generally available to the public without breach of confidentiality obligations of the receiving party; or

c) was in the receiving party's possession without restriction or was known by the receiving party without restriction at the time of disclosure; or

d) is the subject of a subpoena or other legal or administrative demand for disclosure; of 359


Solution (CCPS)

provided, however, that the receiving party has given the disclosing party prompt notice of such demand for disclosure and the receiving party reasonably cooperates with the disclosing party's efforts to secure an appropriate protective order; or

e) is disclosed with the prior consent of the disclosing party; or

f) was in its possession or known to it by being in its use or being recorded in its files or computers or other recording media prior to receipt from the disclosing party and was not previously acquired by the receiving party from the disclosing party under an obligation of confidence; or

g) the receiving party obtains or has available from a source other than the disclosing party without breach by the receiving party or such source of any obligation of confidentiality or non-use towards the disclosing party.

4. Each party agrees not to remove any of the other party’s Confidential Information from the premises of the disclosing party without the disclosing party’s prior written approval. Each party agrees to exercise extreme care in protecting the confidentiality of any Confidential Information which is removed, only with the disclosing party’s prior written approval, from the disclosing party’s premises. Each party agrees to comply with any and all terms and conditions the disclosing party may impose upon any such approved removal, such as conditions that the removed Confidential Information and all copies must be returned by a certain date, and that no copies are to be make off of the premises.

5. Upon the disclosing party’s request, the receiving party will promptly return to the disclosing party all tangible items containing or consisting of the disclosing party’s Confidential Information all copies thereof.

6. Each party recognizes and agrees that all of the disclosing party’s Confidential Information is owned solely by the disclosing party (or its licensors) and that the unauthorized disclosure or use of such Confidential Information would cause irreparable harm and significant injury, the degree of which may be difficult to ascertain. Accordingly, each party agrees that the disclosing party will have the right to obtain an immediate injunction enjoining any breach of this Agreement, as well as the right to pursue any and all other rights and remedies available at law or in equity for such a breach.

7. Access to Information hereunder shall not preclude an individual who has seen such Information for the purposes of this Agreement from working on future projects for the receiving party which relate to similar subject matters, provided that such individual does not make reference to the Information and does not copy the substance of the Information during the Confidentiality Period. Furthermore, nothing contained herein shall be construed as imposing any restriction on the receiving party's disclosure or use of any general learning, skills or know-how developed by the receiving party's personnel under this Agreement, if such disclosure and use would be regarded by a person of ordinary skill in the relevant area as not constituting a disclosure or use of the Information.

8. As between the parties, all Information shall remain the property of the disclosing party. By disclosing Information or executing this Agreement, the disclosing party does not grant any license, explicitly or implicitly, under any trademark, patent, copyright, mask work protection right, trade secret or any other intellectual property right. THE DISCLOSING PARTY DISCLAIMS ALL WARRANTIES REGARDING THE INFORMATION, INCLUDING ALL WARRANTIES WITH RESPECT TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS AND ALL WARRANTIES AS TO THE ACCURACY OR UTILITY OF SUCH INFORMATION. Execution of this Agreement and the disclosure of Information pursuant to this Agreement does not constitute or imply any commitment, promise, or inducement by either party to make any purchase or sale, or to enter into any additional agreement of any kind.

9. Either party’s failure to enforce any provision, right or remedy under this agreement shall not constitute a waiver of such provision, right or remedy.

of 359___________________________________________________________________________


10. This Agreement will be construed in, interpreted and applied in accordance with the laws of India.

11. That in case of any dispute or differences, breach & violation relating to the terms of the Agreement. The said matter or dispute, difference shall be referred to sole arbitration of Chairman and Managing Director (CMD) of BSNL or any other person appointed by him. That the award of the arbitrator shall be final and binding on both the parties. In the event of such Arbitrator to whom the matter is originally referred to is being transferred or vacates his office on resignation or other wise or refuses to do work or neglecting his work or being unable to act as Arbitrator for any reasons whatsoever, the CMD BSNL shall appoint another person to act as Arbitrator in place of out going Arbitrator and the person so appointed shall be entitled to proceed further with the reference from the stage at which it was left by his predecessor. M/s ---------------------------------------------------------------------------------------- will have no Objection in any such appointment, that arbitrator so appointed is employee of BSNL. The said Arbitrator shall act under the Provisions of the Arbitration and conciliation Act, 1996 or any statutory modifications or re-enactment there of or any rules made thereof.

12. This Agreement and Exhibit A attached hereto constitutes the entire agreement of the parties with respect to the parties' respective obligations in connection with Information disclosed hereunder and supersedes all prior oral and written agreements and discussions with respect thereto. The parties can amend or modify this Agreement only by a writing duly executed by their respective authorized representatives. Neither party shall assign this Agreement without first securing the other party's written consent.

13. This Agreement will remain in effect for five years from the date of the last disclosure of Confidential Information, at which time it will terminate, unless extended by the disclosing party in writing.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized officers or representatives.

M/s ___________________ BHARAT SANCHAR NIGAM IMITED

Signature:_____________ Signature:____________

Printed Name: _________ Printed Name:___________

Title:________________ Title:________________________

Exhibit A

1. Business Purpose :Tender for Supply, Installation, Commissioning, Integration, Operation and Maintenance (O&M) and AMC of IVRS and CCPS on turnkey basis

2. Confidential Information of M/s - __________________________________

3. Confidential Information of Bharat Sanchar Nigam Limited(BSNL):

All information shared, in oral or in written form, by BSNL with M/s _________________________________________________________

of 359___________________________________________________________________________


Number of subscriptions, consumption pattern etc

M/s ___________________________ Signed

Section 8

Bidder’s profile & QuestionnaireTenderer / Bidder’s Profile & Questionnaire

(To be filled in and submitted by the bidder)

A) Tenderer’s Profile

1. Name of the Individual/ Firm:………………………………………………2. Present Correspondence Address: …………………………..……………… …………..

……………………………………………………………………………………………………..…………………………………………………………Telephone No. …………………………….. Mobile No. ………………………... FAX No. …………………………………………………………………………

3. Address of place of Works/ Manufacture ……….…………….………………………………………………. ………………… ………………….……………………………………………………………………Telephone No. ..……………………….. Mobile No. ……………………………

4. State the Type of Firm: Sole proprietor-ship/partnership firm / (Tick the correct choice): Private limited company.

5. Name of the sole proprietor/ partners/ Director(s) of Pvt. Ltd Co.: S. No. Name Father’s Name Designation1.

of 359___________________________________________________________________________


2.

3.

4.

5.

6. Name of the person authorized to enter into and execute contract/ agreement and the capacity in which he is authorized (in case of partnership/ private Ltd company):

…………………………………………………………………………………………………………………………………..………………………………………………………….

7. Permanent Account No. : ………………………………………………………8. Details of the Bidder’s Bank for effecting e-payments:

(a) Beneficiary Bank Name:………………………………(b) Beneficiary branch Name:…………………………….(c) IFSC code of beneficiary Branch……………………..(d) Beneficiary account No.:……………………………….(e) Branch Serial No. (MICR No.):………………………...

9. Whether the firm has Office/ works (i.e. manufacture of the tendered item) in Delhi? If so state its Address

…………………………………………………………………………………………………………………………………………………………………………

10. GSTN Registration Number(s) of all units/business places of the bidder vide which he intends to execute the contract, if awarded. GSTN 1……………………. GSTN 2…………………… GSTN 3……………………. and so on”

B) Questionnaire1. Do you think any other detail/ material is required to complete the work specified

in the specification? Yes/ No.1.1 If Yes, Give details………………………………………………………………………………………………………………………………………………………………………………2. Do you think any other item of work need be included in tender form to complete

the work specified in the specification? Yes/ No.2.1 If Yes, Give details………………………………………………………………………………………………………………………………………………………………………………3. Kindly indicate the maximum Quantity of tendered material which you are capable of

supplying within the scheduled delivery period.Name of the tendered Item Qty. that can be supplied by the firm

within scheduled delivery period.

4. Suggestion for improvement of the tender document.……………………………………………………………………………………….……………………………………………………………………………………….…………………………………………………………………………………….

of 359___________________________________________________________________________


Place………… Signature of contractor ………………………Date …………………. Name of Contractor ……………………………

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SECTION-9 Part-A

BID FORM

To From,…………………………………………. ……………………………………….< complete address of the purchaser> <complete address of the Bidder>…………………………………………. ………………………………………………………………………… …………………………………

Bidder’s Reference No:……………....………………… …Dated…………………….

Ref: Your Tender Enquiry No ……………………………………………………………dated ……………………..

1. Having examined the above mentioned tender enquiry document including amendment/ clarification/ addenda Nos. ...................... dated …………….. ……………the receipt of which is hereby duly acknowledged, we, the undersigned, offer to supply and deliver .............................................. in conformity with the said drawings, conditions of contract and specifications for the sum shown in the schedule of prices attached herewith and made part of the financial Bid.

2. Bid submitted by us is properly sealed and prepared so as to prevent any subsequent alteration and replacement.

3. We agree to abide by this Bid for a period of ……….days from the date fixed for Bid opening or for subsequently extended period, if any, agreed to by us. This bid shall remain binding upon us up to the aforesaid period.

4. We understand that you are not bound to accept the lowest or any bid, you may receive.

5. If our Bid is accepted, we will provide you with a performance guarantee also from a consortium partner (as applicable) from a Scheduled Bank for a sum as mentioned in section 5 B of tender for the due performance of the contract.

6. If our Bid is accepted, we undertake to complete delivery of all the items and perform all the services specified in the contract in accordance with the delivery schedule specified in the Section-2 (Tender Information).

7. Until a formal Purchase Order of Contract is prepared and executed, this Bid together with your written acceptance thereof in your notification of award shall constitute a binding contract between us.

Dated: ....... day of ................... 20…

Signature ………………………….Witness Name ……………………………..Signature…………………………. In the capacity of ………………………….Name …………………………….. Duly authorized to sign the bid for

and onAddress ...................................... behalf of ..............................................

of 359___________________________________________________________________________


SECTION – 9 PART II (South Zone)

IVRS and CCPS (Production at Hyderabad for all zone)

(PRICE SCHEDULE FOR IMPORTED EQUIPMENT)

187

Custom Duty GST

SoR

Item

Des

crip

tion

BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

1.0 IVRS

188

Custom Duty GST

SoR

Item

Des

crip

tion

BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

1.01 Core IVRS &

189

Custom Duty GST

SoR

Item

Des

crip

tion

BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

1.02 IVR Ports for

6000 190

Custom Duty GST

SoR

Item

Des

crip

tion

BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

1.03 Outbound Dialer 4000

191

Custom Duty GST

SoR

Item

Des

crip

tion

BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

1.04 Email Agents SW 200

192

Custom Duty GST

SoR

Item

Des

crip

tion

BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

1.05 Chat & Social 200

193

Custom Duty GST

SoR

Item

Des

crip

tion

BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

1.06 Voice Recording

650 194

Custom Duty GST

SoR

Item

Des

crip

tion

BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

1,07 Screen Recording

50 195

Custom Duty GST

SoR

Item

Des

crip

tion

BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

1.08 SIP Gateways HW As

196

Custom Duty GST

SoR

Item

Des

crip

tion

BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

1.09Servers HW

As

197

Custom Duty GST

SoR

Item

Des

crip

tion

BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

1.10Storage HW

As

198

Custom Duty GST

SoR

Item

Des

crip

tion

BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

1.11 Other software

As 199

Custom Duty GST

SoR

Item

Des

crip

tion

BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

1.12 Data Center L3 2

200

Custom Duty GST

SoR

Item

Des

crip

tion

BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

1.13 WAN Router HW2

201

Custom Duty GST

SoR

Item

Des

crip

tion

BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

1.14 Network Firewall 2

202

Custom Duty GST

SoR

Item

Des

crip

tion

BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

1.15 Load Balancer HW2

203

Custom Duty GST

SoR

Item

Des

crip

tion

BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

1.16 Softphones SW 40

204

Custom Duty GST

SoR

Item

Des

crip

tion

BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

1.17

Racks HW

As

205

Custom Duty GST

SoR

Item

Des

crip

tion

BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

2.0 Services

206

Custom Duty GST

SoR

Item

Des

crip

tion

BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

2.1 Installation,

207

Custom Duty GST

SoR

Item

Des

crip

tion

BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

3.0 Annual

208

Custom Duty GST

SoR

Item

Des

crip

tion

BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

3.1 Main IVRS &

209

Custom Duty GST

SoR

Item

Des

crip

tion

BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

Year 1 1 Set

210

Custom Duty GST

SoR

Item

Des

crip

tion

BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

Year 2 1 Set

211

Custom Duty GST

SoR

Item

Des

crip

tion

BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

Year 3 1 Set

212

Custom Duty GST

SoR

Item

Des

crip

tion

BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

Year 4 1 Set

213

Custom Duty GST

SoR

Item

Des

crip

tion

BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

Year 5 1 Set

214

Custom Duty GST

SoR

Item

Des

crip

tion

BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

Year 6 1 Set

215

Custom Duty GST

SoR

Item

Des

crip

tion

BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

Year 7 1 Set

216

Custom Duty GST

SoR

Item

Des

crip

tion

BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

4.0

Documentation

217

Custom Duty GST

SoR

Item

Des

crip

tion

BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

4.1 Hard Copy 5

218

Custom Duty GST

SoR

Item

Des

crip

tion

BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

4.2 Soft Copy 5

219

Custom Duty GST

SoR

Item

Des

crip

tion

BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

5.0

Any other Item

220

Custom Duty GST

SoR

Item

Des

crip

tion

BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

5.1 Item1

221

Custom Duty GST

SoR

Item

Des

crip

tion

BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

5.2 Item2

222

SECTION – 9 PART II (West Zone)

IVRS and CCPS (DR at Pune for all zone)

(PRICE SCHEDULE FOR IMPORTED EQUIPMENT)

223

Custom Duty GST

SoR

Item

Des

crip

tion

BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

6.0

IVRS

224

Custom Duty GST

SoR

Item

Des

crip

tion

BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

6.01 Core IVRS & Includ

225

Custom Duty GST

SoR

Item

Des

crip

tion

BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

6.02 IVR Ports for

Includ 226

Custom Duty GST

SoR

Item

Des

crip

tion

BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

6.03 Outbound Dialler Includ

227

Custom Duty GST

SoR

Item

Des

crip

tion

BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

6.04Email Agents

Includ

228

Custom Duty GST

SoR

Item

Des

crip

tion

BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

6.05 Web Chat & social Includ

229

Custom Duty GST

SoR

Item

Des

crip

tion

BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

6.06 Voice Recording Includ

230

Custom Duty GST

SoR

Item

Des

crip

tion

BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

6.07 Screen Recording Includ

231

Custom Duty GST

SoR

Item

Des

crip

tion

BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

6.08 SIP Gateways HW As

232

Custom Duty GST

SoR

Item

Des

crip

tion

BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

6.09Servers HW

As

233

Custom Duty GST

SoR

Item

Des

crip

tion

BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

6.10Storage HW

As

234

Custom Duty GST

SoR

Item

Des

crip

tion

BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

6.11 Other software

As 235

Custom Duty GST

SoR

Item

Des

crip

tion

BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

6.12 Data Center L3 2

236

Custom Duty GST

SoR

Item

Des

crip

tion

BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

6.13 WAN Router HW2

237

Custom Duty GST

SoR

Item

Des

crip

tion

BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

6.14 Network Firewall 2

238

Custom Duty GST

SoR

Item

Des

crip

tion

BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

6.15 Load Balancer HW2

239

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SoR

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BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

6.16 Softphones SW Includ

240

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SoR

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BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

6.17

Racks HW

As

241

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(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

7.0 Services

242

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BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

7.1 Installation,

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BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

8.0 Annual

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BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

8.1 DR IVRS & CCPS

245

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SoR

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tion

BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

Year 1 1 Set

246

Custom Duty GST

SoR

Item

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tion

BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

Year 2 1 Set

247

Custom Duty GST

SoR

Item

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BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

Year 3 1 Set

248

Custom Duty GST

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BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

Year 4 1 Set

249

Custom Duty GST

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BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

Year 5 1 Set

250

Custom Duty GST

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Item

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tion

BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

Year 6 1 Set

251

Custom Duty GST

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BCDEC and SHEC

(Cesses)IGST GST

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1 2 3 4 5 7 9 11 12 14 16 18 24 25

Year 7 1 Set

252

Custom Duty GST

SoR

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(Cesses)IGST GST

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9.0

Documentation

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1 2 3 4 5 7 9 11 12 14 16 18 24 25

9.1 Hard Copy 5

254

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9.2 Soft Copy 5

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BCDEC and SHEC

(Cesses)IGST GST

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10.0

Any other Item

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Custom Duty GST

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(Cesses)IGST GST

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10.1 Item1

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(Cesses)IGST GST

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10.2 Item2

258

SECTION – 9 PART II (East)

Peripheral IVRS and CCPS system at Kolkatta CDR data centre(PRICE SCHEDULE FOR IMPORTED EQUIPMENT)

260

Custom Duty GST

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11.1

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11.2 Any other 1 set

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11.3 Any other Software 1 set

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11.4 WAN Router 2

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12.1 Installation,

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Custom Duty GST

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Custom Duty GST

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(Cesses)IGST GST

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1 2 3 4 5 7 9 11 12 1416 18 24 25

Year 3 1 set

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Custom Duty GST

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14.0 Documentation

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14.1 Hard Copy 5

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14.2 Soft Copy 5

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Custom Duty GST

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15.0 Any other Item

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15.1 Item1

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(Cesses)IGST GST

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15.2 Item2

279

SECTION – 9 PART II(North)

Peripheral IVRS and CCPS System at Chandigarh CDR data centre(PRICE SCHEDULE FOR IMPORTED EQUIPMENT)

280

Custom Duty GST

SoR

Item

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(Cesses)IGST GST

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16.1

SIP Gateway 1 set

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16.2 Any other 1 set

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(Cesses)IGST GST

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16.3 Any other Software 1 set

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1 2 3 4 5 7 9 11 12 14 16 18 24 25

16.4 WAN Router 2

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17.1 Installation,

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18.1 AMC of Peripheral

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Custom Duty GST

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1 2 3 4 5 7 9 11 12 14 16 18 24 25

Year 1 1 set

287

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BCDEC and SHEC

(Cesses)IGST GST

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1 2 3 4 5 7 9 11 12 14 16 18 24 25

Year 2 1 set

288

Custom Duty GST

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BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

Year 3 1 set

289

Custom Duty GST

SoR

Item

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tion

BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

Year 4 1 set

290

Custom Duty GST

SoR

Item

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tion

BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

Year 5 1 set

291

Custom Duty GST

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tion

BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

Year 6 1 set

292

Custom Duty GST

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BCDEC and SHEC

(Cesses)IGST GST

CGST SGST IGST

1 2 3 4 5 7 9 11 12 14 16 18 24 25

Year 7 1 set

293

Custom Duty GST

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(Cesses)IGST GST

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1 2 3 4 5 7 9 11 12 14 16 18 24 25

19.0 Documentation

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1 2 3 4 5 7 9 11 12 14 16 18 24 25

19.1 Hard Copy 5

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1 2 3 4 5 7 9 11 12 14 16 18 24 25

19.2 Soft Copy 5

296

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BCDEC and SHEC

(Cesses)IGST GST

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1 2 3 4 5 7 9 11 12 14 16 18 24 25

20.0 Any other Item

297

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1 2 3 4 5 7 9 11 12 14 16 18 24 25

20.1 Item1

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Notes for bidder:

1. IGST (Col 10) paid under the Custom Duty will not be available as ITC to BSNL. This IGST paid by bidder should not be included in arriving price shown in Col. 11 as it may be claimed as ITC by bidder themselves.

2. Bidder must mandatorily quote for all GST components (CGST, SGST, IGST) as required/applicable for bidder for effecting supplies. For evaluation of bid either (CGST+SGST) or IGST will be taken into consideration. (This is for column no. 14 to 19).

3. If Annual maintenance Contract charges are required to be quoted as per SOR, basic charges should be shown in column-4c & the Goods and Services Tax (GST) in column 14 to 19 with calculations based on basic AMC cost quoted in Col. 11.

4. The bidder who submits the offer with concessional Goods and Services Tax (GST) shall submit the proof of applicable concessional GST. In case the concessional GST is not creditable to BSNL it should be included in the price of the goods/services.

5. In case , dealer is registered under compounding scheme or any rule/notification where the BSNL is not eligible for input tax credit then the bidder should not disclose any amount in column no. 21.

6. Under Column no. 13 “FFP & Insurance Charges” should be calculated as % age of “Basic Unit Price for BSNL” indicated under Column no. 11.7. The FFP & I amount quoted under column 13 shall not be subject to change after bid evaluation/ ordering on account of change of Copper, Lead base price,

changes in duties & taxes of item etc.8. Bidder must mandatorily mention full 8 digit HSN & 6 digit SAC for correct rate of BCD, Cesses and GST.9. Values under Column 11 onwards shall be subject to revision only by ordering authority based on changes in rate of BCD and Cesses after issue of APO.

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Declaration by bidder1. We hereby declare that in quoting the above prices, we have taken into account the entire credit on inputs available under the GST Act introduced w.e.f. 1 July 2017

and further extended on more items till date”.2. “We hereby certify that CTH shown in Col 23 and HSN/ SAC shown in column 24 are correct & credit of GST for the amount shown in column 20 above are admissible

as per GST Laws.

Name of Bidder:

GSTN Numbers:

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Section 10

DRAFT AGREEMENT WITH REGARD TO SECURITY REQUIREMENTS

This AGREEMENT is made and entered into at New Delhi on this the [●] day of [●], 2018

BY AND BETWEEN

Bharat Sanchar Nigam Limited, a company incorporated under the Companies Act, 1956 and having its registered office at 2nd Floor, Bharat Sanchar Bhawan, HC Mathur Lane, Janpath, New Delhi 110001(hereinafter referred to as “BSNL” or the “TSP”, which expression shall, unless repugnant to the context or meaning thereof, include its successors and permitted assigns) of the FIRST PART;

AND

[●], a company incorporated under the Companies Act, 1956 and having its registered office at [●](hereinafter referred to as the “Supplier” or the “Vendor”, which expression shall, unless repugnant to the context or meaning thereof, include its successors, and permitted assigns) of the OTHER PART.

(BSNL/TSP and the Supplier/Vendor shall be collectively called as the “Parties” and individually a “Party”.)

RECITALS

A. The Vendor has been awarded the Tender bearing no [●] for the [●] (“Contract”).

B. Pursuant to the provisions of Clause [●] of Part [●] of Section [●] of the Contract, the Parties are executing this Agreement, subject to the terms and conditions as provided hereinafter.

NOW THEREFORE, IN CONSIDERATION OF MUTUAL REPRESENTATIONS, COVENANTS AND OTHER VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HEREBY AGREE AS FOLLOWS:

i. With a view to help and address the business continuity, communication, security and security management of BSNL’s networks in respect of equipment / products/ software

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/ services, the parties hereto are desirous of recording the terms and conditions as set forth in this Agreement.

ii. This Agreement would be read in conjunction with the respective contractual agreements BSNL and the Vendor, which they have for the supply of Equipment/Products and Services. In case of any conflict, the conditions of this agreement shall prevail.

1. Definition of Terms and expressions

Unless the context otherwise requires, the different terms and expression used shall have the meaning assigned to them for the purpose of this Agreement in the following paragraphs. (Note: some of the terms defined here may not have been used in this Agreement)

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a) “Access” - interconnection with BSNL Systems or access to or use of BSNL Information stored on BSNL Systems through interconnection with BSNL Systems or access to or use of BSNL Information stored on Vendor Systems or access to or use of BSNL Information stored in any mobile device.

b) “Authorised” - BSNL has approved Access as part of the authorisation process and the Vendor Security Contact has a record of this authorisation. “Authorisation” shall be construed accordingly.

c) “Commencement Date” and “End Date” means the date the agreement is executed and the date when the validity or term of this contract ends or terminated.

d) “Contract Personnel” means dedicated resources of the Vendor in terms of employees, subcontractors including employees of sub contractors and agents including agent’s sub contractors and their employees engaged for the purpose of this Agreement.

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e) “NAIF” means Network Authorisation and Interconnect Facility is a procedure for registration of global network interconnect between BSNLs and external companies.

f) “Sensitive Information” means any BSNL Information marked as classified as per BSNL’s data classification policy. This also includes any other data, or element of information, notified as such by the Government (e.g. IT Act 2000).

g) “Security Standards” means all the relevant contemporary standards associated with national and international security standard related to IT & Telecom equipment hardware and software and those related to information & communication security, including but without limitation to ISO 27000 series, ISO/ IEC 15408, 3GPP, 3GPP2, WiMAX etc. applicable at the time of bidding.

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h) “Subcontractor” any person, partnership or corporation with whom the Vendor places a contract and/or an order for the supply of any equipment, item, service or for any work in relation to the purpose of this Agreement. "Subcontract" shall be construed accordingly.

i) “Supplies” means all components, materials, plant, tools, test equipment, documentation, hardware firmware, Software, spares parts, services and all the things & items to be provided to BSNL pursuant to the main contract together with all Information and Work the main contract requires to be supplied or performed for BSNL.

j) “Term” means the term of this Agreement from the [Commencement Date] to [End Date].

k) “BSNL” means Bharat Sanchar Nigam Limited, a Telecom Service Provider licensed under section 4 of Indian Telegraph Act 1885 by the Licensor, Government of India

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l) “BSNL Group Security” means the security organisation based within BSNL Group Company.

m) “BSNL Information” means all data including data, text, image, sound, voice, codes, circuit diagrams, core & applications software and database, intellectual property as well as personal, public, operational and services data in BSNLs custody which is and /or received which are supplied/ shared with Vendor for the purpose of this Agreement or are obtained by the Vendor on behalf of BSNL.

n) “BSNL Items” - all items provided by BSNL to the Vendor and all items held by the Vendor which belong to BSNL.

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o) “BSNL Regulatory Contact” means in-charge of BSNL Regulatory Operations or such other person whose details shall be notified by BSNL to the Vendor from time to time.

p) “BSNL Security Contact” means in-charge of BSNL Security Operations Centre or such other person whose details shall be notified by BSNL to the Vendor from time to time.

q) “BSNL Systems” means any BSNL computer, application, databases, network infrastructure, network elements and appliances, core and applications software, which is subject to the contract or such other systems as may be agreed in writing from time to time between BSNL and the Vendor.

r) “Vendor” means who supplies Equipment, Software and/or services to BSNL for the purpose of installation, testing, commissioning, provision, operations and/or maintenance of BSNL’s networks.

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s) “Vendor Security Contact” means such person whose details shall be notified by the Vendor to BSNL from time to time for such purpose.

t) “Vendor Regulatory Contact” means such person whose details shall be notified by the Vendor to BSNL from time to time for such purpose.

u) “Vendor Systems” means any Vendor owned computer hardware or software, application database or network elements / appliance or such other systems as may be agreed in writing from time to time by BSNL and the Vendor.

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v) “Licensor” shall mean the Department of Telecommunications, Ministry of Communications & IT, and Government of India.

2. Scope

This Agreement sets out the provisions under which the Vendor will be able to supply equipment and services and be granted Access to BSNL Systems, network, equipment, data and facilities and BSNL Information including Sensitive Information for the purpose of the Supply, Installation, Commissioning, Operation and Maintenance of Broadband Network Gateway and associated subscriber Policy Manager & Authentication platform on turnkey basis as per the main contract.

3. International Security Standard Certification

The Vendor shall have contemporary relevant Security standard certification and shall comply with the provisions of security standards certification w.r.t. Telecom & IT equipment hardware and software and those related to information & communication security management, such as ISO 15408 standards as applicable to IT and IT related products, ISO 27001 for Information Security Management System, standards used by

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other relevant standard formulation bodies for Telecom equipment like 3GPP, 3GPP2, ITU standard etc. or equivalent acceptable international standards or certification.

4. Security Requirements: The Vendor shall comply with following security policies:

4.1. GENERAL

4.1.1. The Vendor shall be authorized to access only BSNL Systems and Information in accordance with the provisions of this Agreement and only during the term of this Agreement.

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4.1.2. The Vendor shall identify to BSNL details of Vendor Security Contact at the Commencement Date who will act as a single point of contact for BSNL, such as a senior manager or CIO responsible for security, for any security issues. This responsibility shall be detailed within his/her job description. This does not mean that the Vendor shall not be responsible as an organization or company and its management. The vendor security contact shall only be a security cleared Indian national. The security clearance for the security contact will be applied and obtained by BSNL from the Licensor.

4.1.3. As part of the authorization process, details of Vendor’s Contract Personnel that need Access will be requested by BSNL. The Vendor shall at all times ensure that only Contract Personnel who have a need to Access in order to fulfill the purpose of this Agreement are authorized. This authorization and any changes in the personnel would be notified by the Vendor for the information and for the approval (wherever applicable) of BSNL.

4.1.4. Pursuant to Clause 4.1.3 above, the Vendor acknowledges that only the Contract Personnel having requisite training are Authorized to access BSNL System.

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4.1.5. The Vendor shall have a well-defined Information Security policy compliant with ISO/IEC 27001:2005 or have equivalent standards and in line with BSNL’s information security policies and requirements.

4.1.6. The Vendor shall ensure that they have information security organization in place to implement the provisions of BSNL’s information security policies. The Information Security responsibilities of all Vendor employees working for BSNL shall be defined and communicated.

4.1.7. The Vendor shall establish and maintain contacts with special interest groups to ensure that the understanding of the information security environment is current, including updates on security advisories, vulnerabilities and patches and ensure that the same is implemented.

4.1.8. The Vendor shall conduct a Risk Analysis and ensure that all risks due to its own and subcontractors’ operations with BSNL are identified, measured and mitigated as per mutually agreed scope/requirements. The Risk Assessment report is required to be shared with the Chief Security officer/CISO of BSNL.

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4.2. PHYSICAL SECURITY

4.2.1. All Contract Personnel including subcontractors and their employees, agents and their employees of the Vendor working on BSNL premises shall be in possession of a BSNL Identification or Electronic Access Control (“BSNL ID/EAC”) card. This card is to be used as a means of identity verification on BSNL premises at all times and as such the photographic image displayed on BSNL ID/EAC card must be clear and be a true likeness of the Contract Personnel. If BSNL has any advanced identity verification systems the same would also apply. BSNL may re-define such verification measures from time to time.

4.2.2. All Contract Personnel including subcontractors and their employees, agents and their employees of the Vendor accessing premises (sites, buildings or internal areas) to fulfil the Purpose, where BSNL Information is stored or processed, shall be in possession of an Identification or Electronic Access Control (“ID/EAC”) card. This card is to be used as a means of identity verification on these premises at all times and as such the photographic image displayed on the ID/EAC card must be clear and be a true likeness of the Contract Personnel or the Subcontractor or the Vendor’s employees, subcontractors and agents. If BSNL has any advanced identity verification systems the same would also apply. BSNL may re-define such verification measures from time to time.

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4.2.3. The Vendor shall not (and, where relevant, shall ensure that any Contract Personnel shall not) without the prior written authorization of BSNL Security Contact connect any equipment, device or software to any BSNL System and where it is not intended to be connected at a point in BSNL system.

4.2.4. The Vendor shall provide a documented procedures to deal with security threats directed against BSNL or against a vendor working on behalf of BSNL whilst safeguarding BSNL Information.

4.2.5. The vendor and/or its contract personnel shall not access BSNL’s electronic systems without first obtaining the written consent of BSNL security Contact.

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4.2.6. The Vendor’s access to sites, buildings or internal areas where BSNL Information is stored or processed, shall be as authorized and the Vendor and all its authorized personnel shall adhere to robust processes and procedures to ensure compliance.

4.2.7. The Vendor shall ensure, in case of usage of Vendor premises, that all BSNL Information, Contract Personnel, Vendor Systems and BSNL Systems and networks used to fulfill the Purpose are logically and physically separated in a secure manner from all other information, personnel or networks created or maintained by the Vendor. Additionally, secure areas in Vendor premises (e.g. network communications rooms), shall be segregated and protected by appropriate entry controls to ensure that only authorized Contract Personnel are allowed access to these secure areas. The access made to these areas by any Vendor’s personnel shall be audited regularly, and re-authorization of access rights to these areas must be carried out at least once annually.

4.2.8. The use of digital or conventional cameras, including any form of video camera or mobile phone cameras, of the interior of BSNL premises is not permissible without prior Authorization from BSNL Security Contact. Vendor shall ensure that photography or capture of moving image of Vendor areas where BSNL Information is processed or stored shall not capture any BSNL Information.

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4.2.9. CCTV security systems and their associated recording medium shall be used by BSNL/ Vendor either in response to security incidents, as a security surveillance tool, as a deterrent or as an aid to the possible apprehension of individuals caught in the act of committing a crime. As such, these systems shall be authorized by appropriate BSNL Security Contact when used by vendor, and stored images shall be securely held for at least 6 months. Notwithstanding the above, BSNL may object to CCTV surveillance if circumstances deem that such surveillance is inappropriate in relation to the purpose of this Agreement.

4.2.10. The Vendor shall maintain a controlled record of all assigned BSNL physical assets and assigned BSNL Items to them.

4.2.11. The local area surrounding the Vendor’s facilities, if any, at BSNLs premises shall be inspected for risks and threats on a regular basis by the Vendor and such reports made available to BSNL.

4.2.12. The Vendor shall disable the Access immediately if any Contract Personnel no longer require Access or change role for any reason whatsoever or whose integrity is suspected or considered doubtful or as may be notified by BSNL in accordance with clause 4.3.1.

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4.3. LOGICAL SECURITY

4.3.1. The Vendor shall notify BSNL immediately if any Contract Personnel no longer requires Access or change role for any reason whatsoever thus enabling BSNL to disable or modify the Access rights.

4.3.2. The Vendor shall, implement mutually agreed as well as generally prevalent security measures across all supplied components and materials including software & Data to ensure safeguard and confidentiality, availability and integrity of BSNL Systems and BSNL Information. The Vendor shall provide BSNL with full documentation in relation to the implementation of logical security in relation to Purpose and shall ensure that it has such security as:

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i. prevents unauthorized individuals e.g. hackers from gaining Access to BSNL Systems; and

ii. reduces the risk of misuse of BSNL Systems or BSNL information, which could potentially cause loss of revenue or service (and its Quality) or reputation, breach of security by those individuals who are Authorized to Access it; and

iii. detects any security breaches that do occur enabling quick rectification of any problems that result and identification of the individuals who obtained Access and determination of how they obtained it.

4.4. INFORMATION SECURITY

4.4.1. The Vendor shall not use BSNL Information for any purpose other than for the purposes for which they were provided to the Vendor by BSNL and only to the extent necessary to enable the Vendor to perform as per this Agreement.

4.4.2. The Vendor shall ensure that all information security requirements in this Agreement are communicated including in writing to all Contract Personnel in relation to their role.

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4.4.3. The Vendor shall provide a document detailing a proactive strategy to minimize the risk and effects of fraud and other security risks and the Vendor shall maintain processes to monitor such activities.

4.4.4. The Vendor, as per its IT policy, shall ensure procedures and controls are in place to protect the exchange of information through the use of emails, voice, facsimile and video communications facilities.

4.4.5. The Vendor shall use physical and electronic security measures, as provided by BSNL, to protect BSNL Systems, BSNL Information and areas where work is undertaken or where Vendor Systems provide Access.

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4.5. CONTRACT PERSONNEL SECURITY

4.5.1. The Vendor shall ensure that BSNL Information provided under this Agreement is used only to the extent necessary to enable the Vendor to perform as per the terms of this Agreement. All Contract Personnel sign a confidentiality agreement either as part of their initial terms and conditions of employment or when they start working in BSNL buildings or on BSNL Systems and BSNL Information. These confidentiality agreements shall be retained by the Vendor and accessible to BSNL, if required.

4.5.2. The vendor shall deal with breaches of security policies and procedures, including interfering with or otherwise compromising security measures, through a formal disciplinary process.

4.5.3. The Vendor shall provide a 'whistleblower' process, available to all staff, with all BSNL related issues reported back to BSNL Security Contact to the extent permissible by the law in a location in India where the Vendor is delivering its Purpose. For the avoidance of doubt, this facility shall be used by the Contract Personnel if BSNL’s employee, agent or contractor instructs Contract Personnel to act in an inconsistent manner in violation of the Agreement.

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4.5.4. The Vendor shall, and shall ensure that t h e Contract Personnel securely destroy any BSNL Information received in a recorded form from BSNL (or has recorded received BSNL Information), when the Contract Personnel’s job or role has changed or terminated.

4.5.5. The vendor may perform the above activities as per its internal policy, which shall be shared with BSNL from time to time

4.6. ADDITIONAL SECURITY POLICIES

4.6.1. The Vendor shall have documented operating procedures to discharge the security requirements detailed within this Agreement and provide BSNL with access to such

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documentation, if required, in accordance with “Access to Vendor systems” as stipulated in this agreement.

4.6.2. The Vendor shall notify BSNL Security Contact immediately of any changes to its Access method through the firewalls, including the provision of network address translation.

4.6.3. The Vendor shall implement a controlled exit procedure in respect of the individual Contract Personnel to ensure the return of any BSNL assets or BSNL Items or BSNL Information in the possession of the individual when any of the Contract Personnel who have Access, leave the employment of the Vendor or are no longer engaged for the purpose of this Agreement. Such controlled exit procedure shall include a written communication by the Vendor Security Contact to BSNL Security Contact of this removal.

4.6.4. The Vendor shall inform BSNL Security Contact immediately upon its becoming aware of any actual or suspected unauthorized Access or misuse of BSNL Systems or BSNL Information or breach of any of the Vendor's obligations under this Agreement.

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4.6.5. The Vendor shall maintain integrity of the software build including upgrades, operating systems and applications from factory to desk. The Vendor shall confirm that the software build (both proprietary and off-the-shelf) delivered to BSNL is the same as the software build agreed with BSNL. The software should not have such bugs, which could hamper security in future including any unauthorized leakage of BSNL Information including Sensitive Information.

4.6.6. Any change of location by the Contract Personnel or Vendor for any part of the supply chain or the support centers shall be notified to BSNL immediately.

4.6.7. BSNL may carry out current and future risk assessments and other audits with pro-active support from the Vendor on any part of the Vendor’s supply chain to identify additional risks to BSNL. BSNL may then stipulate additional countermeasures to address any risks. This in no means would reduce the Vendor’s ultimate obligations and responsibility relating to security.

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4.6.8. No replacement of BSNL System support tools must be undertaken by the Vendor without specific agreement from BSNL.

4.6.9. If BSNL agrees to the Vendor’s appointment of Subcontractor under this Agreement, BSNL may require that the associated security risks are clearly identified and assessed by BSNL Group Security or the appropriate BSNL line of business security team. This will ensure that any unacceptable security risks are identified and addressed. This in anyway shall not reduce the Vendor from being solely responsible to BSNL for the ultimate obligations to be performed under this Agreement and responsibility relating to security.

4.6.10. Where BSNL has approved Vendor’s use of Subcontractors, formal contracts containing all necessary security requirements shall be put in place between the Vendor and its subcontractor before the Subcontractor or its personnel can access BSNL Systems and BSNL Information or occupy space in BSNL’s buildings or space in the Vendor’s building that is used to access, hold or process BSNL Information.

4.6.11. The Vendor shall record and maintain detailed information of all Contract Personnel who are authorized to Access BSNL Systems or BSNL Information.

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4.6.12. The Vendor shall ensure that all computers or laptops used by contract personnel to access BSNL Systems and BSNL Information have their ports locked down such that removable storage media (memory sticks, removable hard drives, compact flash and secure digital cards, floppy disks, CDs, DVDs, MP3 players and other similar devices) cannot be connected. If Vendor IT policy don’t allow above provision then vendor computers or laptops may be imaged by BSNL IT to comply with above said requirements

5. ACCESS TO BSNL SYSTEMS

5.1. BSNL allows (so far as it can and is able to do so) the Vendor, to have Access solely for the purpose as contemplated herein during the term of this Agreement.

5.2. In relation to Access, the Vendor shall (and, where relevant, shall ensure that all Contract Personnel shall):

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a. ensure each individual Contract Personnel has a unique user identification and password known only to such user for his/her sole use.

b. ensure Contract Personnel never share user identification, passwords or security tokens.

c. promptly provide to BSNL such agreed reports as BSNL shall from time to time require concerning the Vendor’s use and security of Access and any related matters to Access.

d. ensure that physical access to fixed computer equipment having Access or storing BSNL Information is solely with smart or proximity cards (or equivalent security systems) and Vendor conducts regular internal audit to ensure compliance with these provisions.

e. ensure onward bridging or linking to BSNL Systems is prevented unless authorized by BSNL.

f. use all reasonable endeavors to ensure no viruses or malicious code like malware, spyware, key logger, bots (as the expressions are generally understood in the computing industry) are introduced, and that there is no corruption or modification or compromisation of BSNL Systems or BSNL Information. This should un-doubtedly ensure that nothing results in denial of Service, interruption of Service, outages, reduction or compromise in quality and efficiency of Service, leakage or stealing of BSNL Information, interference with mandated lawful interception policy, methodology & provisions, enhance risks of attacks, overbilling, frauds or any other aspect that compromises the security of all the stake holders including the Government, users, BSNL etc.

g. use reasonable endeavors to ensure that personal files which contain information, data or media with no relevance to the purpose, are not stored on BSNL building servers or BSNL centralized storage facilities or BSNL Systems.

5.3. If BSNL has provided the Vendor with Access to the Internet/Intranet, the Vendor shall, and shall ensure that the Contract Personnel, access the Internet/Intranet appropriately. It is the Vendor’s responsibility to ensure that practical guidance on internet and email abuse (as amended) is communicated to the Contract Personnel from time to time.

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5.4. The Vendor shall ensure that all Contract Personnel, subject to the Clauses headed “Regulatory Matters” and “Confidentiality” comply with Classifying and Handling of Information.

6. ACCESS TO VENDOR SYSTEMS

6.1. If Contract Personnel is granted Access to Vendor Systems having bearing on BSNL data, information or network, the Vendor shall, as per its IT Policy:

a. ensure each individual has a unique user identification and password known only to such individual for his/her sole use.

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b. promptly provide to BSNL such agreed reports as BSNL shall from time to time require,, concerning the Vendor’s use and security of access to Vendor Systems.

c. allow Access only to the minimum extent required to enable the Contract Personnel perform their duties.

d. allow Access using a secure login process.

e. establish and implement formal procedures to control the allocation and de-allocation of Access rights.

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f. ensure that the allocation and use of enhanced privileges and access to sensitive tools and facilities in Vendor Systems are controlled and limited to only those users who have a business need.

g. ensure that the allocation of user passwords to Vendor Systems that hold or access BSNL Information is controlled through a formal auditable management process.

h. conduct regular reviews of user ids and their Access rights.

i. provide processes to demonstrate that remote and home working activities are only permitted where Authorized by BSNL and subject to appropriate security controls within the Vendor’s organization including but not limited to remote Access by users being subject to strong authentication.

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j. demonstrate that users follow security best practice in the management of their passwords.

k. implement a password management system which provides a secure and effective interactive facility that ensures quality passwords.

l. ensure that user sessions are terminated after a defined period of inactivity.

m. ensure that audit logs are generated to record user activity and security-relevant events and securely managed and retained with nil ability on the part of the Vendor to allow any un-authorized access or amendment to the audit logs. Such audit logs must be maintained for future reference for a period of at least one year.

n. ensure that monitoring of audit and event logs and analysis reports for anomalous behavior and/or attempted unauthorized access are performed by Vendor’s staff independent of those users being monitored.

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o. make available audit logs where required by BSNL for review.

p. ensure all systems holding, processing or accessing BSNL Information shall be hardened as per industry standards.

q. ensure that to the extent possible, development, test and live environments are segregated from each other and the other work areas in Vendor buildings.

r. implement practically possible controls to detect and protect against malicious software and ensure that appropriate user awareness procedures are implemented.

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s. ensure that Vendor has in relation to all Vendor Systems formal security incident management procedures with defined responsibilities.

t. ensure that any unauthorized software is identified and removed from Vendor Systems holding, processing or accessing BSNL Information.

u. ensure that Access to diagnostic and management ports as well as diagnostic tools are securely controlled to BSNL’s reasonable satisfaction.

v. ensure that Access to Vendor’s audit tools shall be restricted to Relevant Contract Personnel and their use is monitored.

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w. Ensure that data gathered after running audit tool is properly protected.

x. perform enhanced independent code reviews (including penetration testing) on all Vendor Systems as a part of the Vendor’s security development lifecycle (SDL).

6.2. The Vendor shall demonstrate to BSNL that Contract Personnel who hold and use the Information on PCs and mobile computing devices are responsible for ensuring that the PCs and mobile computing devices are protected from unauthorized access. Consideration must be given to whether Sensitive Information must be stored on mobile computing devices. All Sensitive Information shall be encrypted if stored on a mobile computing device or in the event of any transmission of Sensitive Information by Contract Personnel outside of BSNL’s trusted network. Laptops and PCs containing Sensitive Information shall have the whole of the disk encrypted. Devices that do not allow whole-disk encryption such as memory sticks, CD/DVDs, shall be subjected to additional controls such as:

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a. Use of file encryption, where available; orb. Use of application password facilities; andc. Where the device is "pocket-sized", it must be kept with the owner at all times.

Black-berry mobile phones and other such devices which use proprietary encryption technique should not be used for holding BSNL information.

6.3. To the extent the servers are used to fulfill the purpose of this Agreement, Vendor’s servers shall not be deployed on un-trusted networks without appropriate security controls.

6.4. Changes to individual Vendor Systems shall be controlled and subject to formal change control procedures. All documentation relating to Vendor Systems shall be protected from unauthorized Access or amendment.

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6.5. Security procedures and controls shall be used to secure equipment holding, accessing or processing BSNL Information in Vendor Systems.

7. CONDITIONS FOR EQUIPMENT VENDORS:

7.1. Conformance to Security Standards and Policies:

The vendor shall ensure that the network elements supplied by him have been got tested as per relevant contemporary Indian or International Security Standards e.g. IT and IT related elements against ISO/IEC 15408 standards, for Information Security management Systems against ISO 27000 series standards, Telecom and Telecom related elements against 3GPP security standards, 3GPP2 security standards etc. from any International Agency / labs of the standards e.g. Common Criteria Labs in case of ISO / IEC 15408 standards until 31.3.2017. Vendors will be allowed to certify their own equipments based on the testing at the labs which are capable of such testings. IT related elements in the telecom networks which are already ISO 15408 certified will be accepted as certified. Vendor can submit a relevant Self certificate based on test reports in this regard.

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The vendor shall also provide a certificate in this regard, stating that : (i) "No third Party lab exist which test the equipment as per relevant security

standard"(ii) "The equipment has been tested by an independent setup within organization as

per relevant security standards

As per prevailing instructions issued by Licensor, from 1.4.2017, the certification shall be got done only from authorized and certified agencies / labs in India.

The copies of the test results and test certificates shall be kept by BSNL for a period of 10 years from the date of procurement of equipment and the vendor will facilitate BSNL for the same during the tenure of main contract.

The copies of test results and test certificates are to be submitted to BSNL on demand within a reasonable time period along with the details as per Format – I.

The vendor shall also ensure that the equipment supplied has all the contemporary security related features, facilities, hardware, software etc. for the purpose of Interception, Monitoring, Analysis etc. for use by the Law Enforcement Agencies and provide complete information to enable these features and facilities before the supply of the equipment or the procedure of enabling these, if these are to be enabled after the commissioning of the Network. The Vendor shall also submit a test report on these features and facilities and also a certificate that all contemporary features and facilities of this category exist in the equipment supplied.

7.2. Submission of Test Reports:

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A report of the tests conducted with results of the tests conducted and mentioning areas where vulnerability exists and what precautions are to be taken by BSNLs to minimize the effect of such vulnerabilities should be submitted.

7.3. Security from Malware:

Malware can cause information leaks and can result in the leak of private user information.

However, some viruses, worms and Trojans can infect devices and spread malware via text messages or Bluetooth connectivity. This network-based service will also block Denial of Service attacks and restrict network traffic based on source, destination, IP ports and applications. It will also allow enterprise IT managers to lock and/or delete

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data on lost or stolen devices. The connectivity could affect platforms if adequate firewalls, IDPs are not strong. Therefore vendors would provide adequate firewall and IDPs.

7.4. Security against Remote Access:

The vendor shall submit a written undertaking to BSNL clearly identifying all known means of remote control/ remote access/remote command and control in the supplied equipment as well as suitable mitigation means to close such access mechanisms. Vendor has to comply with the guidelines of remote access provided by DoT including instructions vide No.16-27/2007-CS-III dated 31.01.2013 and any subsequent instructions thereof as on date of submission of bid.

7.5. Pen al ty :

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In the event that the Vendor is in breach with its obligations under this Agreement, as a result of which the Licensor imposes any sanction on BSNL, which results in any financial and other liabilities on BSNL, the Vendor shall be liable to make good such loss.

The aggregate liability of the Vendor to BSNL in respect of any breach of obligations under this Agreement shall not exceed the sum of Rs. 50,00,00,000 (Rupees Fifty Crores only) per breach, provided that such limitation shall not apply to claims arising pursuant to any other Clause where such limitation is expressly excluded.

It shall also be subject to Limitation of Liability capping as defined in clause 19 of this agreement.

In addition to the above, in case of any inadequate measures, act of intentional omissions, deliberate vulnerability left into the equipment or in case of deliberate attempt for a security breach by the Vendor, the Licensor may at its discretion blacklist the Vendor from entering into any supply deals with any Indian telecom operators. BSNL shall give the vendor the opportunity to defend any claim prior to imposing any penalty or blacklisting the vendor on account of security breach being attributable to it.

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7 . 6 . Inspection:

The Vendor/Supplier shall allow BSNL, Licensor/DoT and/or its designated agencies to inspect the hardware, software, manufacturing facility and supply chain and subject all software to a security/threat check at the time of procurement of equipment and upto two more times every year until the supplies under the contract have been completed, at the time of discretion of the telecom service provider. All the documents should be in English and handed over to the visiting team at least 4 weeks ahead of the visit.

The number of such visits will be limited to two in a purchase order. The expenditure for such visits for order valuing more than 50 Crore upto 40 man-days per visit shall be borne by BSNL.

7.7. Language of Supplies:

Documentation to be in English: Vendor has to ensure that all the documentation including software details obtained from manufacturer/vendor/supplier are to be supplied in English language.

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Vendor to make a list of all network elements and corresponding documentation as per format given in Format-II and submit to BSNL.

7.8. A report on the susceptibility to the attacks on Broadband networks:

Broadband equipment and network are susceptible to several attacks. The vendor must submit a report on all such attacks categorically stating that the equipment and the network is susceptible to which attacks, the degree of risk of each type of attack and mitigation technique to deal with these attacks. The vendor will ensure that whatever mitigation was possible as per the current available technologies, techniques, configuration have already been used and adopted by them before the supply of the equipment.

8. DATA PROTECTION:

8.1. The Parties acknowledge that, in respect of all Personal Data processed by the Vendor for the purpose of the provision of Supplies under this Contract, BSNL alone, as data controller, shall determine the purposes for which and the manner in which such Personal Data will be processed by the Vendor.

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8.2. Other than at BSNL's request, or where required by law to provide the supplies, the Vendor shall not disclose or allow access to any Personal Data other than, subject to Paragraph 8.4(f) to a person placed by the Vendor under the same obligations as contained in this Condition who is employed or engaged by the Vendor or within the control of the Vendor in the performance of the Contract.

8.3. The Vendor shall not use Personal Data for any purpose other than the provision of the Supplies and shall return any Personal Data to BSNL immediately upon request at any time providing such return does not prevent the Vendor from fulfilling its obligations under this Contract. The Vendor shall retain Personal Data no longer than is necessary for the provision of the Supplies, in accordance with the relevant Data Protection Legislation and such instructions as BSNL may provide from time to time. Upon expiry or termination of this Contract for whatever reason, the Vendor shall immediately return to BSNL all Personal Data and certify that no copies have been made or retained by the Vendor or any third party acting on its behalf.

8.4. The Vendor shall:

a. process Personal Data only on the instructions of BSNL and to the extent necessary for the performance of this Contract; and

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b. not modify, amend or alter the contents of the Personal Data except as required or permitted by this Contract or with BSNL’s prior written consent; and

c. implement the appropriate technical and organizational measures in its own premises to protect Personal Data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, and against all other unlawful forms of processing, which measures are set out in more detail in Condition headed “Security of Information” and provide to BSNL a writte description of the measures taken when requested by BSNL; and

d. comply with all relevant mutually agreed provisions of any BSNL codes of practice notified to the Vendor from time to time and the Data Protection Legislation; and

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e. keep all Personal Data secure and confidential, act only on BSNL's instructions with respect to it, and comply with mutually agreed reasonable requirements from time to time of BSNL for the security of it; and

f. ensure that, of the Vendor’s staff, only those of the Contract Personnel who need to have access to the Personal Data are granted access to the Personnel Data only for the purposes of the performance of this Contract and the Contract Personnel are informed of the confidential nature of the Personal Data and comply with the obligations set out in this Condition; and

g. notify BSNL forthwith, and in any event, no later than 12 hours from the time it comes to the Vendor’s attention, that Personal Data transferred by BSNL to the Vendor has been the subject of accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, or any other unlawful forms of processing; and

h. notify BSNL in the event that it receives a request or notice from any data subject to have access to that person’s Personal Data held by it and will provide BSNL with full co-operation and assistance in relation to any complaint or request

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including providing BSNL with any relevant Personal Data it holds within the timescales provided by the request or notice or as otherwise required by BSNL.

8.5. In respect of Transfer of Personal Data the following conditions shall apply:

a. obtain BSNL’s prior written consent before transferring Personal Data to any Subcontractors in connection with the provision of the Supplies;

b. prior to any Transfer of Personal Data, enter into or procure that any Subcontractor delivering the Supplies will enter into contracts for the transfer of personal data. In respect of Personal Data transferred by BSNL to the Vendor or acquired by the Vendor from BSNL’s systems to a country outside of India shall be on the basis of the Legislation issued by the Indian Government, or such other data protection model contract terms as may be agreed between the Parties from time to time, except where the relevant Data Protection Legislation provides for a derogation from this requirement.

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8.6. Any breach of this Condition by the Vendor shall be deemed to be a material breach of the Contract and the Vendor shall indemnify BSNL against any costs, losses, damages, proceedings, claims, expenses or demands incurred or suffered by BSNL which arise as a result of such breach..

8.7. The Vendor shall, upon BSNL giving reasonable notice, allow BSNL or its nominated representatives such access to its premises, Information and records and those of its agents subsidiaries and sub-contractors, as may be reasonably required by BSNL from time to time to assess the Vendor’s and/or Contract Personnel’s compliance with this Condition.

9. REGULATORY MATTERS:

9.1. The Vendor shall

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a. comply with all Regulatory Matters, under applicable law, including, without limitation, any actions that BSNL may require in connection with any Regulatory Matter, that are notified to the Vendor Regulatory Contact from time to time by BSNL Regulatory Contact in so far as they relate to the performance of the Contract by the Vendor;

b. within 14 days of the Commencement Date, ensure that the Vendor Regulatory Contact contacts BSNL Regulatory Contact to establish the nature and extent of communication between them, which assist them in meeting all regulatory requirement as set by licensor or Sectoral regulator or any other person nominated by Licensor.

c. ensure that the vendor and its Contract Personnel have undergone the proper and adequate Training for the purpose of execution of this agreement;

d. promptly provide such information to BSNL as shall be necessary for BSNL to respond fully and to the timescale required to any request or requirement for information from a government or any regulatory authority, to the extent that such information relates to the performance of the Agreement by the Vendor; and

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e. permit BSNL and/or its authorized agents such access to the Vendor's premises and such Access to and copies of its Information and Records (and to and of those of any Contract Personnel) as is required by BSNL to assess and/or validate the Vendor's performance of its obligations under or in relation to this Clause.

10. CONFIDENTIALITY:

10.1. In this Clause, BSNL Information which BSNL from time to time identifies to the Vendor as being commercially confidential, or is by its nature commercially confidential or defined by BSNL as confidential, or confidential as per the applicable law.

10.2. Except with BSNL's agreement, the Vendor shall not disclose Information to any BSNL employee, not authorized to receive

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10.3. Subject to the Condition headed ‘Intellectual Property”, either party receiving Information ("the Recipient") from the other shall not without the other’s prior written consent use such Information except for Contract purposes or disclose such Information to any person other than BSNL's employees, agents and contractors or Contract Personnel who have a need to know and who are bound by equivalent obligations of confidentiality. Any breach of such obligations by Contract Personnel or BSNL's employees, agents or contractors (as the case may be) shall be deemed to be a breach by the Vendor or BSNL respectively.

10.4. Paragraphs 2 and 3 of this clause shall not apply to Information that is: (a) published except by a breach of the Contract; or

a. lawfully known to the Recipient at the time of disclosure and is not subject to any obligations of confidentiality; or

b. lawfully disclosed to the Recipient by a Vendor without any obligations of confidentiality; or

c. replicated by development independently carried out by or for the Recipient by an employee or other person without access to or knowledge of the Information.

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10.5. The Vendor shall not publicize this Agreement without BSNL’s prior written consent and shall ensure that any subcontractor is bound by similar confidentiality terms to those in this clause.

10.6. Either party that has during the course of this Agreement received Information in a recorded form from the other (or has recorded received Information) shall return or destroy in a complete irrecoverable mode (at the option of the disclosing party) such records upon:

a. expiry or termination of this Agreement; orb. upon earlier request unless such records are part of the Supplies.

10.7. This clause shall survive termination / expiry of this Agreement.

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11.INTELLECTUAL PROPERTY:

Each Party will retain its right, title and interest in its respective trademarks, service marks and trade names as well as rights in respect of any patent, copyright, trade secrets or other intellectual property used during the performance of this Agreement. Both Parties recognize that except as otherwise expressly provided herein or agreed between the Parties, they shall have no right, title, interest or claim over the others’ intellectual property.

12.SECURITY REVIEW:

The Vendor shall:

a. give to (or procure the giving to) BSNL (or any person authorized by BSNL) such access at all reasonable times to the Vendor’s and any Subcontractor’s records and premises related to this Agreement as BSNL may require from time to time to assess the Vendor’s compliance of these policies in this Agreement; and

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b. such assessments may include assessments of all elements of physical and logical audits, penetration testing of the supplied systems. The Vendor shall facilitate this assessment by permitting BSNL to collect, retain and analyze information to identify potential security risks including trace files, statistics, network addresses and the actual information or screens accessed or transferred; and

c. provide such reports to BSNL and attend such meetings as may be reasonably required by BSNL.

13.SECURITY FEATURES SOUGHT:

Vendor is required to ensure that all contemporary security related features as prescribed under relevant security standards are included while supplying equipment in BSNL network. Further, vendor to ensure that all such security features are implemented when that equipment is installed in BSNL network.

A list of such security features is to be made available by vendor to BSNL within a reasonable time period as per format at Format – III.

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Vendor will facilitate BSNL in keeping a list of features, equipment, software etc. procured and implemented till they are in use, which may be subjected to inspection and testing by BSNL/ DoT at any time, in the network or otherwise, at the option of BSNL.

14.O&M MANUALS RECORDS:

Vendor will facilitate BSNL in keeping a record of operation and maintenance procedure in the form of manuals and supply to BSNL. It should have the security related provisions capturing security related events among others of authentication, access control, password policy, configuration for and generation of access, command and alarm logs, their storage online and transmission to an independent log server.Vendor to make a list of all network elements and corresponding manuals as per format given in Format-IV and submit to BSNL.

15.USER AND PASSWORD MANAGEMENT:

Vendor will facilitate BSNL in keeping a list of user IDs created by him, which should be linked with name and other details of the users. Vendor to see that obsolete users/ users created for installation do not continue in system. Special emphasis to be laid on the users provided administrator/ root privileges and justification for the same is to be kept in record. Process for the allocation of temporary access for in-house and external maintenance personnel and logging and monitoring of the same to be devised and recorded.The information as per the format given in Format-VI has to be made available to BSNL on yearly basis or as and when demanded.

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16.RECORD OF SOFTWARE VERSIONS AND UPDATES:

Vendor will facilitate BSNL in keeping a record of all software updates and changes applied in BSNL systems. Major updates and changes should be informed to BSNL within 15 days of completion of such updates and changes.Information as per the format given in Format-VII has to be made available to BSNL on an yearly basis or as and when demanded.

17.RECORDS OF SUPPLY CHAIN:

Vendor will facilitate BSNL in keeping a record of supply chain of the products (hardware/software). This should be taken from the manufacturer/vendor/supplier at the time of procurement of the products.Information as per the format given in Format-VIII has to be made available to BSNL on an yearly basis or as and when demanded.

18.INVESTIGATION:

18.1. If BSNL believes that there has been a breach by the Vendor of the provisions of this Agreement, BSNL will inform the Vendor Security Contact. The Vendor shall cooperate with BSNL fully in any ensuing investigation. The Vendor shall provide list of users who have had access to BSNL Systems and BSNL Information to BSNL and/or any law enforcement agency. BSNL shall have access to the Vendor Systems and BSNL Information in the Vendor’s premises generally with prior notice.

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18.2. The Vendor shall report to BSNL Security Contact promptly of any potential misuse of BSNL Information or improper or unauthorized access to BSNL Systems and BSNL Information. Upon request, the Vendor shall promptly provide to BSNL a written report with details of the potential misuse of BSNL Information or improper or unauthorized access to BSNL Systems and BSNL Information. a remedial plan and a timetable for achievement of the planned improvements and steps to be taken to avoid the repeat of the potential misuse of BSNL Information or improper or unauthorized access to BSNL Systems and BSNL Information.

18.3. If any audit or investigation reveals that there is a potential risk to the confidentiality, integrity or availability of BSNL Information in the Vendor’s processes or Vendor Systems, Vendor shall promptly correct any security risk in the Vendor’s processes or Vendor Systems promptly.

18.4. During investigation, the Vendor shall co-operate with BSNL, providing reasonable access, space, facilities and assistance to all Vendor Systems as reasonably necessary to investigate the breach of the provisions of this Agreement including permitting interview of any sales, engineering or other operational personnel of Vendor, upon prior reasonable written notice.

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The clause No. 18.1 to 18.4 relates to investigation of all the security aspects and other relevant provisions contained in the earlier paras/clauses.

19. LIMITATION OF LIABILITY: The aggregate liability of the Supplier under this Agreement is subject to the clause 10 & 11 as above.

20. TERMINATION:

This Agreement shall be effective from the Commencement date and shall continue to be in full force and effect concurrently with the Vendor agreement ("Term") unless terminated earlier by BSNL in accordance with the provisions in the main contract.

The Contract may also be terminated on directions of the Licensor along with Penalty under the Laws of the land in India in relation to security breaches noticed.

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21.Without prejudice to BSNL’s rights and remedies under the Agreement, the Vendor shall at its own cost and expense take all steps necessary to restore the lost or corrupted BSNL Information to the last back-up and/or terminate the unauthorized use of or access to the Information to the extent it caused such loss, corruption or unauthorized use of BSNL Information, due to act of omission or commission on the part of vendor.

22.LAW AND JURISDICTION:

This Agreement is governed by Indian law and subject to clause 18, Parties agree to the exclusive jurisdiction of the Indian courts where the registered office of BSNL is situated.

23.ARBITRATION:

Any dispute arising out of this Agreement shall be settled and resolved as per the dispute resolution and arbitrations clause agreed between the Parties under the main Contract.

24.NOTICES:

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All notices, requests, consents, waivers or other communication required or permitted hereunder shall be delivered as per the Notice clause agreed between the Parties under the Supply & Services contract.

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