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Data Networks Circle

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TENDER DOCUMENT for


Annual Maintenance Contract (AMC) OF Networking Equipments (Routers, RAS, LAN Switches of Cisco Make) at 45 Type A and B NIB-1 Locations
Tender No. BSNL/DNW/NIB-1-AMC/2008 Dated 07-02-2008

Bharat Sanchar Nigam Limited (Data Network Circle) O/o CGM, Data Networks, CTS Compound , Netaji Nagar New Delhi - 110023

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TABLE OF CONTENTS

SECTION I: NOTICE INVITING TENDER (NIT) SECTION II: INSTRUCTIONS TO BIDDERS SECTION III : GENERAL (COMMERCIAL) CONDITIONS OF CONTRACT SECTION IV : Special Terms and Conditions of the Contract SECTION V: SCHEDULE OF REQUIREMENTS SECTION VI: TECHNICAL SPECIFICATIONS OF EQUIP MENTS/CARDS SECTION VII: Price Schedule of AMC of NIB-1 Equipments/Cards SECTION IX: BID SECURITRY FORM SECTION X: LETTER OF AUTHORISATION FOR BID OPENING SECTION XI: PERFORMANCE SECURITY GUARANTEE (BOND FORM) SECTION XII: MUTUAL NON-DISCLOSURE AGREEMENT
List of Annexure:1. Annexure-1 2. Annexure-2 3. Annexure-3 4. Annexure-4 5. Annexure-5 6. Annexure-6 Details of 45 locations of NIB-1 Network List of activities to be carried out under PM PM Report Format Contact Details of Technical Support Engineer Bidder Fault Escalation Matrix Fault Report Format

3 4 20 25 32 33 34 36 37 38 40

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SECTION I: NOTICE INVITING TENDER (NIT)


Sealed tenders are invited by CGM, Data Networks, New Delhi, on behalf of BSNL from eligible bidders for AMC for three years, of networking equipments comprising of Cisco Routers, RASs and LAN switches installed at 45 locations of NIB-1 network of BSNL. The details are mentioned below. TENDER NUMBER

BSNL/DNW/NIB-1-AMC/2008 Dated 07-022008 Account Officer O/o. Chief General Manager Data Networks, 4th Floor, Lobby No 1 Mahanagar Door Sanchar Sadan 9 CGO Complex, Lodi Road New Delhi- 110003 FROM 14-02-2008 TO 21-02-2008 (11:00 HOURS TO 15.30 HOURS) UPTO 17:00 HOURS ON 28-02-2008 UPTO 15:00 HOURS ON 25-03-2008 25-03-2008 AT 15:30 HOURS RUPEES 3.75 CRORES (RUPEES THREE CRORES SEVENTY FIVE LAKHS ONLY) Rs. 7,50,000/(Rupees Seven Lacs Fifty Thousand Only) Rs. 2,250/(Rupees Two Thousand Two Hundred Fifty only) (Non refundable)

Tender Available From

SALE OF TENDER DOCUMENT DUE DATE FOR SEEKING CLARIFICATIONS ON TENDER DUE DATE OF BID RECEIPT DATE OF OPENING TECHNICAL-COMMERCIAL BID ESTIMATED COST

Bid Security Cost of Tender form

Mode of Payment

Crossed DD drawn on any scheduled bank in Delhi in favour of Accounts Officer, Data Networks, BSNL 1. The tender document can be obtained in person (with proper authorization) on payment of the tender form cost, the receipt of payment of tender document should be submitted by bidder at the time bid submission. The tender document is also available on our websites at http://www.bsnl.in & The bidder downloading the tender document from website shall submit the crossed DD of tender form cost while submitting the bid. The submission of the bid/clarifications shall be done at the address mentioned below: AGM(Admn) O/o CGM, Data Networks CTS Compound, Netaji Nagar New Delhi 110023 AGM(Admn) Data Networks, New Delhi 2.

http://www.datanetwork.bsnl.co.in

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SECTION II: INSTRUCTIONS TO BIDDERS A. INTRODUCTION 1.1. DEFINITIONS a) b) Purchaser means the Bharat Sanchar Nigam Limited (BSNL). Bidder means the firm who participates in the tender and submits Price quotation. Definition of Type-A1, Type-A2 and Type-B of NIB-1 locations is given in Annexure-1. The "Equipment(s)" shall mean the CISCO Routers, RASs, LAN Switches and their components including Hardware and Software. The type/specifications of equipments/cards at 45 NIB-1 locations is given in SECTION VI. Scheduled Downtime shall mean the period for which the given equipment as defined in (d) above (hardware and software) is intentionally taken out of service for maintenance purposes. Bidder Personnel shall mean the support staff designated and authorized by Bidder for delivering the support and services covered under this agreement. Resolution Time shall mean time taken to resolve a problem related to the supplied equipment covered under this agreement. AMC shall mean Annual Maintenance Contract/Annual Maintenance Agreement. NIB-I is National Internet Backbone Phase-I, BSNLs Internet Infrastructure.

c)

d)

e)

f)

g)

h)

i)

2.

ELIGIBLE BIDDERS:

Vendor Eligibility Conditions for AMC of Networking Equipments for 45 locations (Type-A1, Type-A2 and Type-B of NIB-1 locations) as mentioned in Annexure-1 shall be as mentioned below-

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Data Networks Circle 2.1 2.2 Bidder should be registered company under the Indian Companies Act, 1956.

BSNL

The total annual turnover of the bidder should be at least Rs. 25 Crores or more during any two of the preceding three financial years. Annual Reports/Turnover certificate from Chartered Accountant shall be enclosed. Bidder should have successfully executed AMC of IT/Networking equipments of the value of Rs. 2 Crores or more during any two of the preceding three financial years in BSNL/MTNL/DOT/PSU/Govt. Department. The documentary proof for this shall be submitted by the bidder, signed by an officer not below rank of Divisional Engineer (STS level) or equivalent. The bidder should have adequate facility and relevant & sufficient spare stocks at least four metros (Delhi, Mumbai, Kolkata and Chennai) to execute the AMC. The details shall be submitted by the bidder. The company should have adequate physical infrastructure to support AMC project like in-house Test and Repair Center at least at one location (amongst Delhi/Mumbai/Kolkata/Chennai). These centres may be inspected by BSNL authorities in case of need.
COST OF BIDDING:

2.3

2.4

2.5

3.

The bidder shall bear all costs associated with the preparation and submission of the bid. The BSNL, will in no case, be responsible or liable for these costs, regardless of the conduct or outcome of the bidding process. B. THE BID DOCUMENTS:
4. BID DOCUMENTS:

4.1 The required AMC service, bidding procedures and contract terms & conditions are prescribed in the bid Documents. The Bid Document shall include: (a) Tender Notice (NIT) (b) Instruction to Bidders (c) General (Commercial) Conditions of the Contract (d) Special Conditions of Contracts. (e) Schedule of Requirements (f) Technical Specifications (g) Bid Form and Price Schedules (h) Bid Security Form

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Data Networks Circle (i) Performance Security Bond Form (j) Letter of authorization to attend bid opening (k) Non Disclosure Agreement (k) Any other document so as to meet various terms and conditions.

BSNL

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

5.1 A prospective bidder, requiring any clarification of the Bid Documents shall notify the BSNL in writing at the BSNL's mailing address by due time/due date indicated in the NIT. The BSNL shall respond in writing to any request for clarification of the Bid Documents, which it receives by due time/due date as mentioned in the NIT. Copies of the query (without identifying the source) and clarifications by the BSNL shall be sent to all the prospective bidders who have received the bid documents. The same shall be published on BSNL/Data Networks website also. 5.2 Any clarification issued by BSNL in response to query raised by prospective bidders shall form an integral part of bid documents and it may amount to an amendment of relevant clause of bid documents.
6. AMENDMENT OF BID DOCUMENTS:

6.1 At any time, prior to the date of submission of bids, the BSNL may, for any reason, whether at its own initiative or in response to a clarification requested by a prospective Bidder, modify the bid documents by amendments. 6.2 The amendments shall be notified in writing or by Fax to all prospective bidders on the address intimated at the time of purchase of bid document from the BSNL and these amendments will be binding on them.

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6.3 In order to afford prospective bidders a reasonable time in which to take the amendments into account in preparing their bids, the BSNL may, at its discretion, extend the deadline for the submission of bids suitably.
C.
7.

PREPARATION OF BIDS
DOCUMENTS COMPRISING THE BID:

The bid prepared by the bidder (in English Language) shall comprise the following components: 7.1 Documentary evidence established in accordance with Clause 2 and 10 that the bidder is accepted. 7.2 7.3 Bid Security furnished in accordance with Clause 12. A clause by clause compliance as per clause 11.2. eligible to bid and is qualified to perform the contract if his bid is

7.4 A Bid form and price schedule completed in accordance with clause 8&9.
8. BID FORM :

The 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 services and prices as per Section VII.
9. BID PRICES:

9.1 Bidder shall quote the comprehensive price of AMC on annual basis as per mentioned terms and condition. The price should be inclusive of all taxes except service tax. The service tax as applicable shall be payable by BSNL. The offer shall be firm in Indian Rupees. No foreign exchange will be made available by the BSNL. 9.2 AMC charges shall be same in each year, for all the contract period (three years). 9.3 The Rate quoted by the bidder shall remain fixed during the entire period of AMC contract for three years and shall not be subject to any variation on any account. A bid submitted with an adjustable price quotation is likely to be treated as non-responsive and will be rejected summarily.

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9.4 DISCOUNT, if any, offered by the bidders shall not be considered unless they are 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. 9.5 The price approved by the BSNL for award of AMC will be inclusive of all levies and taxes except service tax. 9.6 Prices charged by the Bidder for services performed under the AMC Contract shall not be higher from the prices quoted by the Bidder in his Bid. 9.7 In case of downward revision of statutory levies/Taxes during the finalization period of the tender, the BSNL reserves the right to ask for reduction in the prices.
10. DOCUMENTS ESTABLISHING BIDDER'S ELIGIBILITY AND QUALIFICATIONS:

10.1 The bidder shall furnish, as part of his bid documents establishing the bidder's eligibility, all the following documents or whichever is required as per terms and conditions of bid documents:10.1.1 Certificate of incorporation 10.1.2 Articles of Memorandum of Association or proprietorship deed of the company. 10.1.3 Valid Income Tax Clearance Certificate of last two years (2005-2006 & 2006-2007). 10.1.4 Annual Turnover Certificate for preceding three financial years from AMC Business duly certified by Company Secretary/Chattered Accountant or Annual Financial Report of last three years. 10.1.5 Prior AMC Experience Certificate in pursuance to clause 2.3 of SectionII.

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10.2 The bidder shall furnish documentary evidence that it has technical and performance capability necessary to execute the contract in reference to eligibility criteria defined in clause no 2 above.
11. DOCUMENTS ESTABLISHING GOODS CONFORMITY TO BID DOCUMENTS:

11.1 Pursuant to Clause 7, the bidder shall furnish, as part of his bid, documents establishing the conformity of his bid to the Bid document, which he proposes to render under the contract. 11.2 The documentary evidence of AMC service in conformity with the Bid Documents may be in the form of literature and data demonstrating substantial responsiveness to the Technical Specification and commercial conditions and shall furnish a clause-by-clause compliance on the BSNL's all terms and conditions of this bid (Tender document and addendum/clarifications if any). A bid without clause-byclause compliance shall not be considered for evaluation and will be summarily rejected. 11.3 For purposes of compliance to be furnished pursuant to clause 11.2 above the bidder shall sign on each and every page along-with the seal of the company.

12. BID SECURITY:

12.1 Pursuant to Clause 7.2 the bidders shall furnish, as part of his bid, a bid security for an amount of Rs 7.5 Lakhs only (Seven Lakhs Fifty Thousand Only) in the form of Bank Guarantee along with the bid. The bank guarantee for bid security shall be submitted along with the bids in a separate cover. The bank guarantee so submitted shall be as per the format given in Section IX 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 & E-mail address. This cover should be superscribed as BID SECURITY FOR TENDER No ---------- issued on ---------. 12.2 The bid security is required to protect the Purchaser against the risk of bidder's conduct, which would warrant the bid security's forfeiture, pursuant to para 12.7.

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12.3 The bid security shall be in the form of a Bank Guarantee issued by a scheduled bank in favor of the BSNL, valid for a period of 180 days from the date of tender opening. 12.4 A bid not secured in accordance with para 12.1 & 12.3 shall be rejected by the purchaser being non-responsive at the bid opening stage and returned to the bidder unopened. 12.5 The bid security of the unsuccessful bidder will be discharged/returned as promptly as possible but not later than 30 days after the expiry of the period of bid validity prescribed by the BSNL, pursuant to clause 13. 12.6 The successful bidder's bid security will be discharged upon the bidder's acceptance of the Advance Work Order/Purchase Order satisfactorily and furnishing the performance security pursuant to clause 27 &28. 12.7 The bid security may be forfeited in occurance of any of following: 12.7.1 If a bidder withdraws his bid during the period of bid validity specified by the bidder on the Bid form or 12.7.2 In the case of a successful bidder, if the bidder fails to sign the contract in

accordance with clause 28 of section-II or 12.7.3 In the case of a successful bidder, if the bidder fails to furnish performance

security in accordance with clause 28 of section-II or 12.7.4 In the case of bidder proposing the subcontracting of AMC services in

pursuance of clause 8 of section-III


13. PERIOD OF VALIDITY OF BIDS:

13.1 Bid shall remain valid for 150 days after the date of bid opening prescribed by the BSNL, pursuant to clause 19.1. A bid valid for a shorter period shall be rejected by the BSNL as non-responsive. 13.2 In exceptional circumstances, the BSNL may request the bidder's consent for an extension to the period of bid validity. The request and the responses thereto shall be made in writing. The bid security provided under Clause 12 shall also be

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suitably extended. A bidder may refuse the request without forfeiting his bid security. A bidder granting the request will not be permitted to modify his bid.
14. FORMAT AND SIGNING OF BID :

14.1 The bidder shall prepare 2 copies of the bid, clearly marking one copy as "Original Bid" and the second as Copy. In the event of any discrepancy between them the original shall govern. 14.2 The original and copy of the Bid shall be typed or printed and shall be numbered consecutively and signed by the bidder or a person or persons duly authorized to bind the bidder to the contract. The letter of authorization shall be indicated by written power-of-attorney accompanying the bid. All pages of the original bid, except for un-amended printed literature, shall be signed by the person or persons authorized for signing the bid. The bids submitted shall be sealed properly. 14.3 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(s) authorized for signing the bid.

D. SUBMISSION OF BIDS
15. SEALING AND MARKING OF BIDS :

15.1 The bidders shall seal the original and each copy of the bid in an inner (two envelopes) and an outer envelope duly marking both the envelopes as ORIGINAL' and COPY'. 15.2 The bidders shall submit the bid document (both copies) regarding technical & commercial and other terms and conditions in one sealed envelope superscribed with TENDER NO: . Dated . TECHNICAL AND COMMERCIAL BID and unconditional financial bids (in prescribed format) in a separate sealed envelope superscribed with TENDER NO: Dated . FINANCIAL BID on the same day. The financial bids shall be kept sealed on the day of opening of tender. The financial bids of only those bidders shall be opened

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who will be found as techno-commercially eligible. The date of opening of financial bids shall be intimated to the techno-commercial eligible bidders only. 15.3 The inner and outer envelope shall be: (a)Addressed to: AGM(Admn) O/o CGM, Data Networks CTS Compound Netaji Nagar New Delhi 110023 (b) Bear the words (AMC for NIB-1 Equipments), the tender number and the words DO NOT OPEN BEFORE' (due date), and time (c) The inner and outer envelopes shall indicate the name and address of the bidder to enable the bid to be returned unopened in case it is received late. (d) Tenders shall delivered in person. The responsibility for ensuring that tenders are delivered in time would vest with the bidder. (e) Bids delivered in person shall be delivered to AGM(Admn) O/o CGM, Data Networks, CTS Compound , Netaji Nagar, New Delhi-110023 on or before due time/due date. The Purchaser shall not be responsible if the bids are delivered elsewhere. 15.4 If the outer envelope is not sealed and marked as required at Para 15.1 & 15.2 the bid shall be rejected.
16. SUBMISSION OF BIDS:

16.1. Bids must be received by the BSNL at the address specified under Para 15.2 not later than the prescribed time on due date. 16.2 The BSNL may, at its discretion extend this deadline for the submission of the bids by amending the bid documents in accordance with Clause 6 in which case all rights and obligations of the BSNL and bidders previously subject to the deadline will thereafter be subject to the deadline as extended.

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17. LATE BIDS :

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Any bid received by the BSNL after the deadline for submission of bids prescribed by the BSNL pursuant to Clause 16, shall be rejected and returned unopened to the bidder.
18. MODIFICATION AND WITHDRAWAL OF BIDS :

18.1 The bidder may modify or withdraw his bid after submission provided that the written notice of the modification or withdrawal is received by the BSNL prior to the deadline prescribed for submission of bids. 18.2 The bidder's modification or withdrawal notice shall be prepared, sealed, marked and dispatched as required in the case of bid submission in accordance with the provision of clause 15. A withdrawal notice may also be sent by telex/Fax but followed by a signed confirmation copy by post, marked not later than the deadline for submission of bids. 18.3 Subject to clause 20, no bid shall be modified subsequent to the deadline for submission of bids.

E.

BID OPENING AND EVALUATION

19. OPENING OF BIDS BY PURCHASER:

19.1 The purchaser will open bids in two phases. In first phase , purchaser shall open techno-commercial eligibility terms and condition part of bids only in the

presence of bidders or their authorized representatives who chose to attend, at due time on due date at address specified in clause 15.2(a). The bidders representatives, who are present, shall sign in an attendance register. Authority letter to this effect shall be submitted by the bidders before they are allowed to participate in bid opening (Format is given in section X). In second phase, the purchaser will open the financial bid for those bidders only who will found as techno-commercially eligible. The date of opening of financial bids shall be intimated to the techno-commercial eligible bidders only. 19.2 A maximum of two representatives for any bidder shall be authorized and permitted to attend the bid opening.

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19.3 The Bidder's names, Bid prices, modifications, bid withdrawals and such other details as the Purchaser, at its discretion, may consider appropriate; will be announced at the opening. 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 in the next working day, time and venue remaining unaltered.
20. CLARIFICATION OF BIDS :

To assist in the examination, evaluation and comparison of bids the BSNL may, at its discretion ask the bidder for the clarification of its bid. The request for clarification and the response shall be in writing. However, no post bid clarification at the initiative of the bidder shall be entertained.
21. PRELIMINARY EVALUATION:

21.1 BSNL 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 If there is a discrepancy between the words and figures, the amount in words shall prevail. If the bidder does not accept the correction of the errors, his bid shall be rejected. 21.3 Prior to the detailed evaluation, pursuant to clause 22, the BSNL will determine the substantial responsiveness of each bid to the Bid documents. For purposes of these clauses, a substantially responsive bid is one which conforms, to all the terms and conditions of the Bid Documents without material deviations. The BSNL's determination of bid's responsiveness is to be based on the contents of the bid itself without recourse to extrinsic evidence. 21.4 A bid determined as substantially non-responsive will be rejected by the BSNL and shall not subsequent to the bid opening be made responsive by the bidder by correction of the non-conformity.

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21.5 The BSNL may waive any minor infirmity or non-conformity or irregularity in a bid which does not constitute a material deviation, provided such waiver does not prejudice or affect the relative ranking of any bidder.
22. EVALUATION AND COMPARISON OF SUBSTANTIALLY RESPONSIVE BIDS:

22.1 The BSNL shall evaluate in detail and compare the bids previously determined to be substantially responsive pursuant to clause 21. 22.2 The comparison for evaluation shall be of comprehensive price of the AMC service offered inclusive of all Taxes and levies except service tax.
23. CONTACTING THE BSNL :

23.1 Subject to Clause 20, no bidder shall try to influence the BSNL on any matter relating to its bid, from the time of the bid opening till the time the contract is awarded. 23.2 Any effort by a bidder to influence the BSNL in the BSNL's bid evaluation, bid comparison or contract award decisions shall result in the rejection of the bid.

F. AWARD OF CONTRACT:
24. PLACEMENT OF ORDER :

The BSNL shall consider placement of order for AMC services for a period of three years on bidder whose offer has been found technically, commercially and financially acceptable and lowest in price. However, BSNL reserves the right to award the order to more than one bidder, in the interest of BSNL, if required.
25. BSNL'S RIGHT TO EXTEND TIME OF AWARD:

The BSNL reserves the right to extend the AMC period further for a period of 2 years in terms of 12-months duration to the same bidder after the expiry of the AMC contract period. The payment of the same will be made on the same rates as accepted by BSNL with the applicability of all terms and conditions as mentioned in this bid document.

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26. BSNL'S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS:

BSNL

The BSNL 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 for the BSNL's action. BSNL also reserves the right to vary the quantity of the order.
27. ISSUE OF ADVANCE WORK ORDER:

27.1 The issue of an Advance Work Order/Purchase Order shall constitute the intention of BSNL to enter into the contract with the successful bidder. 27.2 The bidder shall within 15 days of issue of an advance work order/Purchase Order, give his acceptance along with performance security in conformity with SECTION-XI provided with the bid documents.
28. SIGNING OF CONTRACT:

28.1 After the acceptance of the same by the bidder, BSNL will enter into the AMC contract with terms and conditions signed on the Non-Judicial Paper of suitable value which shall be submitted by the successful bidder within 15 days of issue of purchase order. 28.2 Upon the successful bidder furnishing of performance security pursuant to clause 27.2, the BSNL shall discharge its bid security, pursuant to clause 12.
29. ANNULMENT OF AWARD:

Failure of the successful bidder to comply with the requirement of Clause 28 shall constitute sufficient ground for the annulment of the award and forfeiture of the bid security in which event the BSNL may make the award to any other bidder at the discretion of BSNL or call for new bids. 30. 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 which shall result in out right rejection of the bid.

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(i) Clause 15.1 of Section II: The bids will be recorded/returned unopened if covers are not properly sealed with PERSONAL SEAL of the bidder. (ii) Clauses 12.1, 12.3 & 13.1 of Section II: The bids will be rejected at opening stage if Bid security is not submitted as per Clauses 12.1 & 12.3 and bid validity is less than the period prescribed in Clause 13.1 mentioned above. (iii) Clause 2 & 10 of Section II: If the eligibility condition as per clause 2 of Section II is not met and/or documents prescribed to establish the eligibility as per Clause 10 of section II are not enclosed, the bids will be rejected without further evaluation. (iv) Clause 11.2 of Section II: If clause-by-clause compliance and deviation statements as prescribed are not given, the bid will be rejected at the stage of primary evaluation. In case of no deviations, a statement to that effect must be given. (v) Clause 8 of Section III: In case, it is found that AMC services have been subcontracted to any other firm/company etc, BSNL reserves the right to annul the bid/contract with the forfeiture of bid security and Performance Security Guarantee. (vi) Section III Commercial conditions, Section IV Special Terms and Conditions of Contract: Compliance if given using 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. (vii) Section VII Price Schedule: Prices are not filled in as prescribed in price

schedule. (viii) Section II clause 9.3 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.

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Purchaser reserves the right to disqualify the Bidders whose AMC services are not found satisfactory with the specifications may be disqualified for a suitable period as decided by the purchaser.

32.

Purchaser reserves the right to blacklist a bidder for a suitable period in case he fails to honour his bid without sufficient grounds.

33.

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 and in case of limited company 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. Due to any breach of these conditions by the company or firm or any other person the bid 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. The company or firm or the person will also be debarred for further participation in the concerned unit. 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) & Sons wife (daughter in law), Daughter(s) and daughters husband (son in law), brother(s) and brothers wife, sister(s) and sisters husband (brother in law). The format of the certificate to be given is

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.

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RIGHT TO VARY QUANTUM OF WORK:34.1 BSNL shall have the right to increase or decrease the QUANTUM OF WORK by upto 25% of the total requirement as specified in the schedule of requirement without any change in the unit price or other terms and conditions at the same time of awards of contract or during the operation of contract. 34.2 In exceptional situation where the requirement is of an emergent nature and it is necessary to ensure continued supplies/services from the existing venders, the Nigam reserves the right to place repeat order up to 50% of the quantities of goods and services contained in the running tender/contract within a period of twelve months from the earliest date of letter of intent at the same rate or a rate negotiated(downwardly) with the existing venders considering the responsibility of rates based on prevailing market conditions and the impact of reduction in duties and taxes etc.

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SECTION III:

GENERAL (COMMERCIAL) CONDITIONS OF CONTRACT

1.

APPLICATION: The General Conditions shall apply in contracts made by the

BSNL for the AMC services rendered by the bidder. 2. TERMS and CONDITIONS: The services provided under this contract shall conform to terms and conditions as prescribed in the special conditions mentioned in Section-IV. 3. PERFORMANCE SECURITY 3.1 Bidder shall provide Performance Bank Guarantee (PBG) for an amount equivalent to 5% of the total value of AMC Charges and having validity of three and half year within 15 days of start of the AMC agreement, to Sr A.O. Data Networks, New Delhi. 3.2 In case BSNL extends the AMC beyond three years, PBG validity shall have to be extended accordingly. 3.3 PBG shall be issued by a scheduled bank (located in Delhi), in favour of CGM, Data Networks, BSNL, New Delhi and in the format attached at SECTION XI. 3.4 The bidder shall ensure that above mentioned PBG is sent in original by the issuing bank directly to Data Networks, BSNL under registered post (with A.D.), at the below mentioned address. Address: Sr A.O. O/o CGM Data Networks, 4th Floor, Lobby No 1, Mahanagar Door Sanchar Sadan, 9, CGO Complex, Lodhi Road, New Delhi 110003 It shall be however, overall responsibility of the bidder to ensure that PBG is delivered within scheduled time and BSNL shall not be responsible for any postal delay. 3.5 If BSNL is not satisfied with the performance of bidder during AMC, it reserves the right to encash the Performance Bank Guarantee and/or without prejudice to any other remedy for breach of contract, by written notice of default, giving a time of 30 days to bidder, terminate the Contract in whole or in part.

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INSPECTION AND TESTS: The BSNL's representative shall have the right to inspect the premises of the prospective bidders at the Test & Repair Centre and spare stock center.

AMC charges and Payments 5.1 AMC Charges shall be paid by BSNL to bidder on quarterly basis, after the expiry of quarter, subject to deduction of penalties (mentioned in clause 17 of Section IV), statutory taxes etc for previous quarter. 5.2 Bidder shall submit quarterly reports:5.2.1 No Fault Pending Report for quarter duly signed by BSNL Node Incharges (Format as per Annexure-6) 5.2.2 Fault Details/Fault Response Details for quarter duly signed by BSNL Node in charges (Format as Annexure-6) 5.2.3 Quarterly PM Report at the end of each quarter for all concerned location as per clause 9 (a) of Section IV. (Format at annexure-3) 5.2.4 No Fault Pending Report may be obtained via fax/email.

5.3 Paying authority shall be Accounts Officer (Cash), O/o, CGM, Data Networks, Lobby No. 1, 4th Floor, Mahanagar Doorsanchar Sadan, 9, CGO Complex, Lodhi Road, New Delhi-110 003. 6. SUBCONTRACTS : The Bidder shall not be allowed for subcontract to any other

firm/company and shall be solely responsible for carrying all the technical requirements of the contract itself. However support of OEM may be taken at any time. 7. DELAYS IN THE BIDDER'S PERFORMANCE : 7.1 Delay in performance of services shall attract penalty for the Bidder in accordance with clause 15 of section -IV. 7.2 If at any time during performance of the Contract, the Bidder should encounter conditions impending timely performance of service, the Bidder shall promptly notify to the BSNL in writing of the fact of the delay, its likely duration and its causes(s). As soon as practicable after receipt of the Bidders notice, the BSNL shall evaluate the situation and may at its discretion extend the period for performance of the contract after mutual discussion with the Bidder.

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8. TERMINATION FOR DEFAULT:

BSNL

8.1

The BSNL may, without prejudice to any other remedy for breach of contract, by written notice of default, sent to the Bidder, terminate this Contract in whole or in part. (a) If the Bidder fails to render services within the time period(s) specified in the Contract or any extension thereof granted by the BSNL. (b) If the Bidder fails to perform any other obligation(s) under Contract: and (c) If the Bidder, in either of the above circumstances, (s) does not remedy the failure within a period of 30 days (or such longer period as BSNL may authorise in writing) after receipt of the default notice from BSNL.

8.2

In the event the BSNL terminates the contract in whole or in part, pursuant to para 10.1 the BSNL may contract, upon such terms and in such manner as it deems appropriate, AMC services similar to those undelivered and the Bidder shall be liable to the BSNL for any excess cost for such services. However, the Bidder shall continue performance of the contract to the extent not terminated.

9.

TERMINATION FOR INSOLVENCY

The BSNL may at any time terminate the Contract by giving written notice to the Bidder, without compensation to Bidder, if the Bidder becomes bankrupt or otherwise insolvent as declared by the competent court provided that such termination will not prejudice or affect any right or action or remedy which has accrued or will accrue thereafter to the BSNL.
10. DISPUTE AND ARBITRATION

10.1

In the event of any question, dispute or difference arising under this agreement or in connection therewith (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 CGM Data Networks 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 CGM Data Networks or by whatever designation such an officer may be called (hereinafter referred to as the said officer), and if the said officer is unable or unwilling to act as such, then to the sole arbitration of some other
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10.2

10.3

10.4

10.5

10.6

person appointed by 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 said officer shall appoint another person to act as an arbitrator in accordance with terms of the agreement and the person so appointed shall be entitled to proceed from the stage at which it was left out by his predecessors. The arbitrator may from time to time with the consent of both the parties enlarge the time frame for making and publishing the award subject to the aforesaid, Arbitration and Conciliation Act, 1996 and the rules made there under. Any modification thereof for the time being in force shall be deemed to apply to the arbitration proceeding under this clause. The venue of the arbitration proceeding shall be the office of the CGM, Data Networks, New Delhi or such other places as the arbitrator may decide. Any party shall not use any information obtained from other party during the course of dispute resolution process under this clause for any purpose other than to resolve the dispute and such information shall not be used in any litigation. Both parties shall use their best efforts in good faith and best intention to resolve disputes by mutual negotiation and consultation and shall settle amicably any dispute that may arise or relate to this agreement or breach thereof. Pending resolution of a dispute, bidder shall continue to fulfill its obligations under this agreement.

11. Force Majeure

11.1 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 nonperformance or delay in performance, and deliveries under the contract

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shall be resumed as soon as practicable after such an event come to an end or cease to exist, and the decision of BSNL 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. 11.2 Provided, also that if the contract is terminated under this clause, BSNL shall be at liberty to take over from bidder at a price to be fixed by BSNL, 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 Bidder at the time of such termination or such portion thereof as BSNL may deem fit, except such materials, bought out components and stores as bidder may with the concurrence of BSNL elect to retain. 12. Set-Off Any sum of money due and payable to bidder (including security deposit refundable to him) under this contract may be appropriated by the purchaser or the BSNL or any other person or persons contracting through the BSNL and set off the same against any claim of BSNL or such other person or persons for payment of a sum of money arising out of this contract or under any other contract made by bidder with BSNL or such other person or persons contracting through the BSNL.

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SECTION IV :

Special Terms and Conditions of the Contract

1.

The special terms and conditions of the contract shall supplement the `Instructions to the Bidders as contained in Section II & "General Conditions of the Contract" as contained in Section III and wherever there is a conflict, the provisions herein shall prevail over those in Section II and Section III. INTRODUCTION OF NETWORK: NIB (National Internet Backbone)-1 is consisting of networking equipments at 45 locations across India to cater to BSNL Internet requirements. This network has networking equipments/cards procured vide two purchase orders by BSNL at different point of time as part of original NIB-1 procurement and its subsequent procurement of cards of Routers/RASs. [PO: CE/PO/013/99-2000 dated 22-07-1999 and BSNL/DNW/Cards Procurement/2002 dated 19-08-2002]. Annual Maintenance Contract (AMC) of equipments/cards shall be done for three years. 3.1. BSNL reserves the right to extend the duration of AMC for further two years, extendible in terms of one year at a time, at same terms and conditions. 3.2. BSNL also reserves the right to terminate this agreement at any time, by giving an advance notice of three months.

2.

3.

4. 5. 6. 7.

Bidder shall provide the comprehensive AMC support on 365 X 24 X 7 basis at all 45 locations of NIB-1 Network, for all equipments/cards. Definition of Type-A1, Type-A2 and Type-B of NIB-1 locations is given in Annexure-1. The type/specifications of equipments/cards at 45 NIB-1 locations are given in Section VI. BSNL reserves the right to vary the quantity. Bidder shall be solely responsible for providing all the AMC support services under this agreement to BSNL and BSNL will not be liable to interact with any of OEMs (Original Equipment Manufacturer) of Bidder.

7.1. Bidder shall enter into agreements with the OEMs for providing support services under this agreement or bidder shall stock necessary spares to provide the AMC services strictly in accordance with the terms and conditions of this agreement. 7.2. BSNL shall not be responsible for any non-support from OEMs. Bidder shall also submit the written undertaking to support those parts/equipments which may have been declared end-of-support by the OEM or may be declared end-ofsupport during the AMC Period. 8. BSNL reserves the right to deploy/divert the equipments/cards within any of the 45 locations of NIB-1. Bidder shall provide support for all such equipments diverted to other locations, at no extra cost. BSNL will give prior intimation to bidder before diversion. Cost of transportation will be borne by BSNL. 9. BSNL also reserves the right to divert the equipments/cards to any other location apart from these 45 locations, also. Bidder shall provide necessary support for all
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such equipments diverted to other locations, at no extra cost. Cost of transportation will be borne by BSNL. 10. During the period of AMC, Bidder shall: 10.1. 10.2. 10.3. 10.4. 10.5. Support the entire hardware/software of Cisco Routers/RAS/Switches. Diagnose the hardware/software faults. Rectify the hardware/software faults detected. Repair and replace the faulty PCBs and any other equipment or part thereof. Carry out the periodic Preventive Maintenance.

10.6. Upkeep the software periodically including implementation of patches, if required. 10.7. Periodically analyze the health of various components of system. 11. Preventive Maintenance: Bidder shall carry out on-site Preventive Maintenance (PM) of equipments/cards covered under AMC at all the 45 locations on the following basis. 11.1. The PM of networking equipments at all 45 nodes on half-yearly basis shall be done such that 22 nodes are covered in first quarter and remaining 23 nodes are covered in second quarter. The bidder shall submit the details of such nodes which shall be covered in each quarter; These node details shall fixed for entire period of the contract. Bidder shall prepare PM schedule in advance in consultation with the Node Incharges and circulate the same to all concerned in advance. List of activities to be carried out under PM is available at Annexure-2. Bidder shall also carry out additional PM activities as per requirement of BSNL. PM shall not affect the normal functioning of the networking equipments. Bidder shall complete the PM strictly as per schedule and provide reports to BSNL duly signed by the node in charges as per format available at Annexure-3.

11.2. 11.3. 11.4. 11.5. 11.6.

12. Bidder shall provide all software upgrades/patches, if required, for resolution of a fault/bug/vulnerability, to BSNL free of cost and also provide support for the same thereafter as part of AMC. 13. Repair and Maintenance 13.1. Bidder shall station their Technical Support Engineers (TSEs) for providing services to BSNL under this agreement so as to meet the criteria of turn around time for fault restoration/faulty unit repair etc. Bidder needs to submit the details of their Technical Support Engineers along with the nodes covered by them as per Annexure-4. Any change in details of TSEs shall have to be intimated immediately in writing to BSNL by bidder.

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13.2. During the agreement period bidder shall assign an Account Support Manager for BSNL who shall act as a single point of contact for BSNL for handling any service related issues under the agreement. 13.3. Bidder shall ensure the availability of spare cards at different locations to meet the criteria of turn around time for fault restoration/faulty unit repair etc. 13.4. Bidder shall ensure that all the TSEs are competent and responsible engineers and are capable of giving all types of necessary technical guidance/assistance to BSNL representatives in respect of all the hardware and software components of equipments as mentioned in this agreement as well as capable of attending faults/resolving problems whenever needed. 13.5. Bidder shall also ensure availability of experts in case of non-rectification of the faults by TSEs. 13.6. Bidder shall make the arrangements for taking out the faulty cards/units/PCBs from NIB nodes and replace them with new working card, during AMC period. Bidder shall bear the entire cost including freight, insurance etc and other incidental charges related to replacement of cards. AMC shall also include any interconnecting cables also including power cables, networking cables etc. 13.7. In case the faulty equipment/card/part is replaced, the replaced equipment/card/part shall become the property of BSNL and the defective will become the property of bidder. 13.8. Bidder shall ensure that TSEs regularly keep a track of the health of the systems in coordination with respective node in charges. 14. Fault Booking and Escalation Procedure 14.1. Bidder shall provide web-based complaint booking mechanism. It shall be possible to generate a unique Docket Number against the complaint/fault booked. The Complaint/Fault shall be considered to be acknowledged once unique Docket Number is allotted by this system. BSNL representative from Data Networks/Nodes can also book the complaint with the respective TSE through Telephone/FAX/Email/Mobile on 365*24*7 basis. Bidder shall ensure that these calls are fully responded by the engineer in charge and their other representatives and the Docket number is allotted. BSNL representative shall maintain a separate log book for faults reported to bidder under this AMC. The log book shall contain the following details for each fault reported: 14.3.1.1. 14.3.1.2. 14.3.1.3. 14.3.1.4. Date/Time of fault reporting with Bidder. Docket No (as given by Bidder) Fault & its details as per observation Name of contact person of Bidder to whom fault is reported

14.2.

14.3.

14.3.1. FAULT DETAILS

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14.3.1.5. Date/Time of fault being rectified with brief description how problem was resolved 14.3.1.6. 14.3.1.7. 14.3.2.1. 14.3.2.2. 14.3.2.3. 14.3.2.4. Remarks Signature of BSNL representative Bidder Response Date/Time Docket No allotted to BSNL representative Nature of fault reported Name of Engineer attending fault

14.3.2. FAULT RESPONSE DETAILS

14.3.2.5. Date/Time of fault being rectified with brief description of how problem was resolved 14.3.2.6. 14.3.2.7. 14.3.2.8. 14.4. Total Time taken to rectify the fault Remarks Signature of Bidder Representative

A quarterly report containing above details of faults reported/rectified will be prepared by bidder and submitted to Data Networks, BSNL at the end of each quarter during AMC period (As per Annexure-6). TSEs shall start action for rectification of fault immediately after the fault is logged with bidder and he shall also keep the BSNL representative at respective node apprised of its status every two hours, however, it shall be overall responsibility of bidder to rectify the faults so as to meet the criteria of turn around time for fault restoration/faulty unit repair of this AMC agreement. In case fault is not rectified within stipulated duration of rectification of fault or no response is received from TSEs, BSNL representative will escalate the problem as per the Escalation Matrix of bidder (Annexure-5). Bidder shall submit their escalation matrix along with bid. In Any case, it will be the overall responsibility of bidder to get the fault/problem rectified/resolved within the stipulated time after the fault is first reported to bidder. The down time shall start from the time fault/problem is first reported and penalty as stipulated in this agreement shall be imposed in case fault/problem is not rectified within stipulated time.

14.5.

14.6.

14.7.

15. In order to ensure the security of the network, bidder will be required to submit the signed Non-Disclosure Agreement as per SECTION XII within 15 days of Purchase Order. 16. Bidder shall ensure that the TSEs or any other representative concerned for support strictly adheres to BSNLs Third Party Connection Acceptable Use Policy which is as follows:

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Data Networks Circle 16.1. 16.2. 16.3.

BSNL

Any change on equipment shall only be performed after notification and approval by BSNL. Passwords on equipment will be set by BSNL representatives and should not be changed by bidders representative. Bidder shall notify BSNL, when its employee who has access to BSNL equipment/configuration leaves the company or is transferred to another position which no longer requires access. After the designated job, for which access to equipment was provided to bidder, is over, bidder will provide a document detailing all activities carried out. In case of fault rectification bidder shall also provide an analysis of the fault and steps which will be helpful in resolving the problem in future. Bidder or its representatives shall not make a change on any system that is not directly related to his job/duty. No browsing will be done and personal mails sent from NIB network by bidder or its representatives. Bidder or its representatives shall not connect their notebook computer to NIB network without proper authorization. As far as possible all the work related to special access should be done using BSNL PCs. If at all the notebook computer is connected, all the configuration/log files saved shall be handed over to BSNL and permanently deleted from the notebook-computer

16.4.

16.5. 16.6. 16.7.

17. Penalties: Categorization of various faults shall be as given below. It shall be however, the responsibility of bidder to arrange spare to avoid complete/partial breakdown of equipment/card so as to meet the criteria of turn around time for fault restoration/faulty unit repair etc TABLE-1 RAS, ROUTERS & LAN SWITCHES S.N. Affected Equipment Standby/Fallback Effect on Category of Equipment Service Fault Availability in Equipment 1. Complete/Partial breakdown of Not Applicable Down Severe Port Adapter on Router Down Severe 2. Complete breakdown of VIP Not Applicable Card on Router Down Severe 3. Complete breakdown of Modem Not applicable Card on RAS 4. Partial breakdown of Modem Not applicable Degrade Major Card on RAS (affecting 10 out of 144 modems) 5. Complete breakdown of Trunk Not applicable Down Severe Card on RAS 6. Breakdown of Yes No Minor

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Data Networks Circle Controller/Processor Card/Sup Engine/Module Complete breakdown of 7200 Yes series Router Complete breakdown of 7200 No series Router Complete breakdown of 24 port Not Applicable Ethernet module of Cisco LAN switch Complete breakdown of Power Yes Supply

BSNL

7. 8. 9.

No Down Down

Minor Severe Severe

10.

No

Minor

TABLE-2 FOR ANY OTHER FAULTS NOT COVERED ABOVE S.N. Affected Equipment Standby/Fallback Effect on Category of Fault Equipment Available Service 1. Any other fault Not applicable Down Severe 2. Any other fault Not applicable Degrade Major 3. Any other fault Not applicable No Minor 17.1. Bidder, if fails to rectify faults within the stipulated duration shall be liable to pay penalties. Categories of faults, stipulated duration of rectification and penalties are given in the table below: TABLE-3 S.N. Category of Fault for Penalty (Beyond stipulated duration for rectification of fault) If fault not rectified in stipulated duration 6 hours for all Type-A1 Nodes; Rs. 5000 per hour 24 hours for other Nodes 12 hours for all Type-A1 Nodes; Rs. 2500 per hour 48 hours for other Nodes 7 days Rs. 2000 per day for first 7 days Rs. 5000 per day beyond 7 days Stipulated duration rectification of Fault

1. 2. 3.

Severe Major Minor 17.2.

The maximum penalty shall however, not exceed 10% of AMC amount in a particular quarter

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BSNL

Scheduled Downtime will not be considered for calculation of penalties, which shall be intimated by bidder at least two days in advance. Scheduled Downtime shall however, not exceed four hours per node per quarter.

18. If Bidder fails to rectify the faults within reasonable time, BSNL reserves the right to get it rectified through third party. The entire amount incurred towards rectification of such fault shall be deducted from bidder AMC amount.

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SECTION V: SCHEDULE OF REQUIREMENTS

S. No.

Description AMC of Cisco Router (7500 Series), Cisco LAN Switches (5500 Series), Cisco RAS (AS5800 Series) & Cisco Routers (7200 series) including chassis and its different modules/cards at 45 NIB1 Locations. (Specifications/Details are given in SECTION VI)

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SECTION VI: TECHNICAL SPECIFICATIONS OF EQUIP MENTS/CARDS (For Which AMC is required)
Quantit y 90 14 31 45 90 14 55 32 86 79 50 43 43 86 86 86 86 172 86 2 4 32 39 90 6 31 14 90 81 48 45 45 142 24 270 Remarks for Locations One Catalyst 5500 at all 45 NIB1Location s

Product Catalyst 5500

Part Description SUP ENGINE III MODULE W/NFFC Catalyst 5500 Chassis Catalyst 5505 Chassis with 5 Slot and 3.6Gbps Backplane 24 PORT 10/100TX BACKBONE SW (FEC, 802.1Q/IS WS-C5568=CATALYST 5500 DC POWER SUPPLY C5000 Ethernet Switching Module(10BasrT,RJ-45, 24 Port) DS58-12CE1=DS5800 12 PORT E1 INGRESS LINE CARD As5800 12port CE1 Ingress Card DS58-DSC=DS5800 DIAL SHELF CONTROLLER CARD DS58-144DM-CC=AS5800 144 MODEM CARD As5800 144 Modem Card AS5800 Access Server Top level dial shelf CISCO7206=6 SLOT 7200 CHASSIS W/ AC POWER SUPPLY C7200-I/O-FE= CISCO 7200 INPUT/OUTPUT CONTROLLER WITH FAST MEM-NPE-128MB=, 128MB MEMORY UPGRADE KIT FOR NPE200/NPE-150 NPE-200=NETWORK PROCESSING ENGINE 200 (64MB DEFAULT MEMOR PWR-7200-DC=CISCO 7200 DC POWER SUPPLY PA-DSIC=, DIAL SHELF INTERCONNECT PA-2E3=2 PORT E3 SERIAL PORT ADAPTER WITH E3 DSUS PA-1E3=1 PORT E3 SERIAL PORT ADAPTER WITH E3 DSUS 2 Port E3 Serial Port Adapter FEIP2-DSW-2TX with DSW

Part No WS-X5530-E2 WS-C5500 WS-C5505 WS-X5225R WS-C5568 WS-X5013 DS58-12CE1 DS58-12CE1 DS58-DSC DS58-144DM-CC DS58-144DM-CC AS5800-SK DS5814-SK CISCO7206 C7200-I/O-FE MEM-NPE-128MB NPE-200 PWR-7200-DC PA-DSIC PA-2E3 PA-E3 PA-2E3 FEIP2-DSW-2TX MEM-RSP-128 PA-2FEISL-TX CISCO7507 CISCO7513 RSP2 VIP2-40 VIP4-50 PWR-7513-DC PWR/7-DC PA-MC-8E1/120 PA-MC-8E1/120 MEM-RSPFLC16M

AS5800

Router 7200

One AS5800 & Two Router 7200 at 43 NIB-1 Locations (Except Mumbai and Delhi)

Router7500

RSP 128 MB DRAM 2 port fast Ethernet/ISL 100BaseTx port Adapter Cisco 7507 7-slot, 2CyBus Cisco 7513 13-slot, 2CyBus RSP2=CISCO 7507/7513 ROUTE SWITCH PROCESSOR VIP2-40=VERSATILE INT. PROCESSOR 2,MODEL 40 Versatile Interface Processor Card (4-50) PWR-7513-DC=CISCO 7513 DC POWER SUPPLY PWR/7-DC=CISCO 7000/7507 DC POWER SUPPLY PA-MC-8E1/120=8 PORT MULTICHANNEL E1 PORT ADAPTER WITH G.7 8 Port Multichannel E1 Port Adapter

One Router 7500 at all 45 NIB-1 Locations

Flash Card

MEM-RSP-FLC16M=RSP FLASH CREDIT CARD: 16 MB KIT

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Data Networks Circle SECTION VII: Price Schedule of AMC of NIB-1 Equipments/Cards Service Tax/Annum %

BSNL

S. No.

Description

AMC Price Per annum (In Rupees) (Inclusive of all taxes* but excluding service tax)

TOTAL AMC Amount per ANNUM Amount/ (Rupees) Annum (Rupees)

Cisco Router (7500 Series), Cisco LAN Switches (5500 Series), Cisco RAS (AS5800 Series) & Cisco Routers (7200 series) including chassis and its different modules/cards at 45 NIB1 Locations * - The details of taxes shall be provided by the bidder.

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Data Networks Circle SECTION VIII: BID FORM


Tender No. .............................

BSNL

Date : ................. To AGM(Admn) Data Network Circle Bharat Sanchar Nigam Limited CTS Compound, Netaji Nagar New Delhi- 110 023 Dear Sir, 1. Having examined the conditions of contract and specifications including all annexures the receipt of which is hereby duly acknowledged, we, undersigned, offer for AMC services of NIB-I networking equipments for a period of three years in conformity with the terms and conditions of contract for the annual price shown in the price schedule attached herewith and made part of this Bid. We undertake, if our Bid is accepted , to commence AMC services as per your advance work order/purchase order. If our Bid is accepted, we will obtain the performance guarantees of a Scheduled Bank for a sum @ 5% of the contract value for the due performance of the contract. We agree to abide by this Bid for a period of 150 days from the date fixed for Bid opening and it shall remain binding upon us and may be accepted at any time before the expiration of that period. Until a formal work order/ 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. Bid submitted by us is properly sealed and prepared so as to prevent any subsequent alteration and replacement. We understand that you are not bound to accept the lowest or any bid, you may receive.

2.

3.

4.

5.

6.

7.

Dated this .............................. day of ........................ 200

Name and Signature -----------------------In the capacity of ---------------------Duly authorised to sign the bid for and on behalf of .............................................. Witness ......................................... Address ...................................... Signature

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Data Networks Circle SECTION IX: BID SECURITRY FORM

BSNL

Whereas .................................. (hereinafter called "the Bidder") has submitted its bid dated............for the supply of ........................ vide Tender No dated............ KNOW ALL MEN by these presents that WE ....................... OF .................... having our registered office at .................(hereinafter called "the Bank") are bound unto Bharat Sanchar Nigam Limited (hereinafter called "the Purchaser") in the sum of Rs.................... for which payment will and truly to be made of the said Purchaser, the Bank binds itself, its successors and assigns by these present. THE CONDITIONS of the obligation are : 1. If the Bidder withdraws his bid during the period of bid validity specified by the Bidder on the Bid form or If the Bidder, having been notified of the acceptance of his bid by the Purchaser during the period of bid validity (a) (b) fails or refuses to execute the Contract, if required; or fails or refuses to furnish the Performance Security, in accordance with the instructions to Bidders.

2.

We undertake to pay to the Purchaser up to the above amount upon receipt of its first written demand, without the purchaser having to substantiate its demand, provided that in its demand, the purchaser will note that the amount claimed by it is due to it owning to the occurrence of one or both of the two conditions, specifying the occurred condition or conditions. This guarantee will remain in force as specified in clauses 12 and 28.2 of section II of the Bid Document upto and including THIRTY (30) days after the Period of bid validity and any demand in respect thereof should reach the Bank not later than the specified date/dates. Signature of the Bank Authority. Name Signed in Capacity of

Name & Signature of witness Address of witness

Full address of Branch Tel No. of Branch Fax No. of Branch

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Data Networks Circle SECTION X: LETTER OF AUTHORISATION FOR BID OPENING (To be submitted to bid Opening Committee before bid opening)

BSNL

To AGM (Admn) Data Network Circle Bharat Sanchar Nigam Limited CTS Compound, Netaji Nagar New Delhi- 110 023

Subject: Authorisation for attending bid opening ________________________________(date) in the Tender _________________________________________________________.

on of

Following persons are hereby authorised to attend the bid opening for the tender mentioned above on behalf of ______________________________________________ (Bidder) in order of preference given below. Order of Preference I. II. Alternate Representative Name Specimen Signatures

Signatures of bidder Or Officer authorized to sign the bid Documents on behalf of the bidder. Note : 1. Maximum of two representatives will be permitted to attend bid opening. In cases where it is restricted to one, first preference will be allowed. Alternate representative will be permitted when regular representatives are not able to attend. Permission for entry to the hall where bids are opened, may be refused in case authorization as prescribed above is not recovered.

2.

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SECTION XI: PERFORMANCE SECURITY GUARANTEE (BOND FORM) 1. In consideration of the CMD Bharat Sanchar Nigam Limited (hereinafter called the BSNL) having agreed to exempt..( hereinafter called Bidder) from the demand, under the terms and conditions of an agreement/ (purchase order) Nodatedmade between..andfor the supply of..(hereinafter called the said AGREEMENT) of Security Deposit for the due fulfillment by the bidder of the terms and conditions contained in the said Agreement, on production of the Bank Guarantee for..we, (name of the Bank) ..(hereinafter referred to as the Bank) at the request of (Bidder) do hereby undertake to pay to the BSNL an amount not exceeding. against any loss or damage caused to or suffered or would be caused to or suffered by the BSNL by reason of any breach by bidder of any of the terms or conditions contained in the said agreement. 2. We (name of the Bank)do hereby undertake to pay the amounts due and payable under this guarantee without any demure, merely on a demand from the BSNL by reason of breach by the said bidder of any of terms or conditions contained in the said agreement or by reasons of the bidders failure to perform the said agreement. Any such demand made on the bank shall be conclusive as regard 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.. 3. We undertake to pay to the BSNL any money so demanded not withstanding any dispute or disputes raised by bidder in any suit or proceeding pending 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 shall have no claim against us for making such payment. 4. We (name of 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 . (office/department) BSNL certifies that the terms and conditions of the said agreement have been fully or properly carried out by bidder and accordingly discharges this guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before the expiry of . (period as specified in PO) from the date hereof, we shall be discharged from all liabilities under this guarantee thereafter.

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5. We (name of 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 obligation hereunder to vary any of the terms and conditions of the said agreement or to extend time of performance by the bidder from time to time or to postpone for any time or from time to time any of the powers exercisable by the BSNL against bidder 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 bidder or for any forbearance, act or omission on the part of BSNL or any indulgence by the BSNL to bidder or by any such matter or thing whatsoever which under the law relating to the sureties would, but for this provision, have effect of so relieving us. 6. This guarantee will not be discharged due to change in the constitution of the Bank or bidder. 7. We (name of the Bank)lastly undertake not to revoke this guarantee during its currency except with the previous consent of the BSNL in writing. Dated the . Day of For ------------------------------------------------------------------(Indicate the name of bank)

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Data Networks Circle SECTION XII: MUTUAL NON-DISCLOSURE AGREEMENT

BSNL

This Agreement is made as of the ___________ between Bharat Sanchar Nigam Limited (A Government of India Enterprise), O/o Chief General Manager, Data Networks, CTS Compound, Netaji Nagar, New Delhi- 110023, having its registered office at 10th Floor, Statesman House, B-148, Barakhamba Road, New Delhi-110001 herein after called BSNL which expression shall unless repugnant to the subject or the context mean and included its successors, nominees or assign and M/s .. (Bidder), an Indian Company incorporated and registered under the companies Act 1956, having its registered office at .. herein after referred to as the Bidder which expression shall unless repugnant to the subject or the context mean and include its successors, nominees or assigns. In order to pursue the mutual business purpose specified in Exhibit A (the "Business Purpose"), BSNL and Bidder recognize that there is a need to disclose to one another certain confidential information 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 and other information which the disclosing party identifies in writing as confidential before or within thirty days after disclosure to the receiving party ("Confidential Information"). 2.Each party agrees (i) to hold the other party's Confidential Information in strict confidence, (ii) not to disclose such Confidential Information to any third parties, and (iii) not to use any Confidential Information for any purpose except for the Business Purpose. Each party may disclose the other party's Confidential Information to its responsible employees with a bona fide need to know, but only to the extent necessary to carry out the Business Purpose. Each party agrees to instruct all such employees not to disclose such Confidential Information to third parties, including consultants, without the prior written permission of the disclosing party. 3.Confidential information will not include information which: (i) is now, or hereafter becomes, through no act or failure to act on the part of the receiving party, generally known or available to the public: was acquired by the receiving party before receiving such information from the disclosing party and without restriction as to use or disclosure;

(ii)

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BSNL

is hereafter rightfully furnished to the receiving party by a third party, without restriction as to use or disclosure: is information which the receiving party can document was independently developed by the receiving party; is required to be disclosed pursuant to law, provided the receiving party uses reasonable efforts to give the disclosing party reasonable notice of such required disclosure; or is disclosed with the prior written consent of the disclosing party.

(iv)

(v)

(vi)

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 nothing contained in this Agreement will be construed as granting any rights to the receiving party, by license or otherwise, to any of the disclosing party's Confidential Information except as specified in this Agreement. 7.Each party acknowledges 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. 8.This Agreement will be construed, interpreted, and applied in accordance with the laws of India. Subject to terms and conditions regarding the removal of Confidential Information as set forth under Section 4, this Agreement and Exhibit A attached hereto are the complete and exclusive statement regarding the subject matter of this Agreement and supersede all prior agreements, understandings and

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communications, oral or written, between the parties regarding the subject matter of this Agreement. 9.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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized officers or representatives. Bidder Company Name Signature Printed Name Title Seal Bharat Sanchar Nigam Limited Signature Printed Name Title Seal

Exhibit A 1. Business Purpose: To carry out Annual Maintenance of NIB-1Networking Equipments (Reference: Tender No:.) 2. Confidential Information of Bidder

3. Confidential Information of Bharat Sanchar Nigam Limited (BSNL): All network and server details including network configurations All log files and output details of commands IP Addressing Plan of NIB All information shared in oral or in written form by BSNL with Bidder

Bidder Company Name Signature Printed Name Title Seal

Bharat Sanchar Nigam Limited Signature Printed Name Title Seal

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BSNL Annexure-1 Details of 45 Locations of NIB-1 Network

S.No 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45

Name of Location Locations Mnemonics Bangalore Calcutta Chennai Mumbai New Delhi Pune Ahmedabad Ernakulam Hyderabad Indore Jaipur Lucknow Ludhiana Patna Agra Allahabad Amritsar Bhubneshwar Bhopal Coimbatore Chandigarh Faridabad Ghaziabad Gurgaon Guwahati Gwalior Jabalpur Jodhpur Jallandhar Jammu Kanpur Madurai Meerut Mysore Noida Nagpur Nasik Rajkot Shillong Shimla Surat Trivendrum Vadodara Varanasi Vizag BGL CAL CHN MUM NDL PUN AHD ENK HYD IND JPR LKW LUD PAT AGR ALD ASR BBR BPL CBT CHD FBD GBD GGN GUH GWL JBP JDP JLD JMT KNP MDU MRT MYS NDA NGP NSK RJT SHG SML SRT TVM VDA VRS VSK

Type of Node A1 A1 A1 A1 A1 A1 A2 A2 A2 A2 A2 A2 A2 A2 B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B

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Annexure-2 List of Activities to be carried out under PM 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. Removal of dust from all the equipment All Consoles PCs will be checked for connectivity and operation with the networking equipment. Check for Power input to equipments Check for availability of proper equipment earth. Check for temperature in the equipment room. Check the equipment and rack fan units. Verify Syslog of equipment and rectify any errors observed. Check for CPU, Memory, Flash Card utilization of equipment and take corrective action if required. Check for equipment temperature and voltage etc by equipment commands. Record the status of LEDs on equipment and take corrective action in case of fault indication. Check for health of hardware and IOS/OS version (including PCs). Check for status of batteries on equipment. Check for any faulty interconnecting cable (power cable, networking cable/connectors etc) Save the latest configuration and IOS in the local PC Check for availability of latest backups of equipments IOS/OS Check for available IOS/OS patches for application, if required. Check the log book maintained at the node to see the status of previous problems in hardware, software and take action in case a fault is unresolved. Any other additional preventive maintenance activity required by BSNL.

Bidder will prepare a PM Report and obtain signature of the Node Incharge with his remarks on satisfactory Preventive Maintenance.

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BSNL Annexure-3 PM Report Format

NIB Node Name

DATE :

S.N. Activity 1

Equipment Observation/Action performed Remarks

Overall Observations

Recommendations

Signature

Signature

Name of NIB Node Incharge Date:

Name of Bidder Technical Support Engineer Date:

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BSNL Annexure-4

Contact details of Technical Support Engineers Location Correspondence Fixed Mobile Fax Residence Email Locations S.N. Name & Designation Address Phone Phone No. Phone Address Covered No. No. No.

Contact Details of ACCOUNT MANAGER Name: Location: Correspondence Address: Fax No: Mobile No: Email Address:

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BSNL Annexure-5 Bidder Fault Escalation Matrix

Contact details (name, address, phone, fax, mobile, email) for L1, L2 & L3 escalation support personnel are given below:

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Annexure-6 Fault Report (AMC of NIB-1 Networking Equipments) (Reference PO No:.) NIB Node Name : NIB Node In Charge Name: Designation: Period : From__________To__________

(A) Details of Fault during Period: Following are the details of faults and fault responses, observed during the above mentioned period:
Sr.No. Docket No. Problem Description Effect on Service (No/Degrade/Down) Fault Category (Severe/Major/Minor) Date & Time of Fault reporting by BSNL Attended Fault on Date & Time by Bidders Engineer Completion of Fault Rectification Date & Time Total Time taken for Fault Rectification Call Status (Pending / Attended/Completed) Solution Provided Remarks

(B) It is also certified that No Faults are pending against these cards at the end of above mentioned period. [cross if any fault is pending]

Signature Vendor Reprehensive Name : Location Date :

Signature BSNL Node In Charge (Not below SDE rank) Name : Location: Date:

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