Draft Tender Document for Consultation on Customer Acquisition & Customer...

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Draft Tender Document for Consultation on Customer Acquisition

& Customer Communication Management System

for all lines of business

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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

From: To,

AGM (MMY) .................................................

2nd Floor, Broadband Section, .................................................

Bharat Sanchar Bhawan, HCM Lane, .................................................

Janpath, New Delhi – 110001. .................................................

No……………………………………………………………………………….. Dated: xx/xx/2015

Subject: Draft Tender for Customer Acquisition and Communication

Management System across all lines of Businesses of BSNL for

inviting comments of the vendor community.

Please find enclosed the draft tender document in respect of above mentioned

subject which contains the following:

S

No.

SECTION TITLE PAGES

1 SECTION 1 Notice Inviting Tender

2 SECTION 2 Tender Information

3 SECTION 3 PART A Scope of work

4 SECTION 3 PART B Integration Scope & Dimensioning details

5 SECTION 3 PART C Schedule of Requirements

6 SECTION 3 PART D1 Functional & Technical Requirements of Customer Registration

System

7 SECTION 3 PART D2 Functional & Technical Requirements for e-CAF Migration

8 SECTION 3 PART D3 Functional & Technical Requirements for Physical CAF Migration

9 SECTION 3 PART D4 Functional & Technical Requirements for Bill Presentment System

10 SECTION 3 PART D5 Functional & Technical Requirements for Inbound & Outbound

Communication System

11 SECTION 3 PART D6 Functional & Technical Requirements for Transpromotional

messaging & Targeted Advertisements.

12 SECTION 4 PART A General Instructions to the Bidder

13 SECTION 4 PART B Special Instructions to the Bidder

14 SECTION 4 PART C Special Instructions for bidders for e-tendering

15 SECTION 5 PART A General Commercial Conditions of Contract

16 SECTION 5 PART B Special conditions of Contract

17 SECTION 5 PART C Service Level Management

18 SECTION 6 Undertaking & Declaration

19 SECTION 7 Performa(S)

20 SECTION 8 Bidders Profile & Questionnaire

21 SECTION 9 Tender/Bid Form

22 SECTION 10 Certifications

24 SECTION 11 Non-Disclosure Agreement (NDA) Template

Interested companies/firms/ are requested to kindly submit suggestions by 30.09.2015 through email shown on the web-site.

------------------------------------------------------------------------------------------------------

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

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SECTION 1

NOTICE INVITING TENDER

1 On line sealed tenders are invited by Chairman and Managing Director, Bharat

Sanchar Nigam Limited, on rupee payment basis, from the eligible bidders to

offer Customer Acquisition and Communications Management System for all

lines of business on transaction based fee basis.

S.No. Details Bid Security/ Earnest

Money Deposit Amount for

the tender

1 Customer Acquisition and

Communications Management

System for all lines of business of

BSNL on transaction based fee basis

2 Crore

2 BSNL Objectives

2.1 The Indian Telecom Sector is changing rapidly. Competitive pressures on

service providers are rising, demanding that they generate innovative and

differentiating ways to acquire & serve their customers. This requires IT

Systems/platforms to deal with easy customer acquisition process as well as

communicate with customers during their life cycles for meeting their

requirements.

2.2 In the fiercely completive telecom market in India, BSNL need to give

continuous focused attention to improve customer experience and customer

satisfaction and sustained focus on customer care and service delivery, with

the increased uses of IT tools for the same.

2.3 BSNL intends to hire services for ”Subscriber Acquisition and Communications

Management System” for all lines of businesses of BSNL as per the terms and

conditions of the tender on transaction based fee basis.

2.4 Bidder shall be selected as per Quality Cum Cost Based Selection (QCBS)

criteria to deliver the requirements of this tender on a Pan India basis. The

successful bidder shall be responsible for all CAPEX and OPEX including

Setting up and Operations. For setting up of the IT system (Main & DR sites),

bidder shall collocate their IT Infrastructure in BSNL‟s Internet Data Centers

at prevailing rates.

3 Purchase of Tender Document:

3.1 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.

3.2 Tender Document shall be available for downloading only after:-

i. Payment of INR 10,000/- (inclusive of taxes), which shall be non-

refundable in the form of crossed demand draft, drawn on any scheduled

bank in favour of „Accounts Officer (Cash), BSNL Corporate Office, New Delhi;

and

ii. Bidder is required to register compulsorily and complete all the required

formalities on the E-tender portal https://www.tcil-india-

electronictender.com. Thereafter, upon payment of INR ……………./- towards

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tender document fee to AGM(MMY), 2nd Floor, Bharat Sanchar Bhawan,

Janpath, New Delhi-1, the prospective Bidder shall be authorized by MM cell,

BSNL Corporate Office, New Delhi, to access/download the tender document

from the E-tendering portal only.

3.3 Submission of Integrity Pact signed by Purchaser and Bidder is mandatory.

4 e-Tendering Process

4.1 BSNL has decided to use the e-Tendering Process for inviting Bids for this

Tender and thus the physical copy of the Tender shall not be sold. The special

instructions to Bidders for e-Tendering is provided in Section 4-Part C of this

Tender.

5 Eligibility Conditions

5.1 The Bidder shall be a company registered and incorporated in India under the

Indian Companies Act 1956.

5.2 Bidder shall have a cumulative turnover of INR 75 Crore during last 3 financial

years i.e. FY 2012-13, FY 2013-14, FY 2014-2015 with a minimum of INR 20

Crore each for these 3 Financial years. Bidder shall provide Annual audited

reports for each of the three financial years (FY 2012-13, FY 2013-14, FY

2014-2015).

5.3 Bidder shall be ISV (OEM) & have implemented Customer Acquisition and

Communication Management software system in at-least two Telecom Service

Providers with more than 50 million subscriber base each. Client certificate

shall be issued from the Telecom Service Provider (containing name,

designation, telephone number, fax numbers and e-mail id of the signatory).

5.4 In case the bidder is not having experience as at Para 5.3 above, then the bid

can be submitted through a legally bound consortium (as per format Section

7 (E) of the tender document) with ISV (i.e OEM) of the Customer Acquisition

and Customer Communication Management System meeting experience

criteria as at Para 5.3 above.

5.5 The bidder firm 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 signed by the authorized signatory.

5.6 The bidder firm shall not have controlling equity stake or vice versa, in and of

any Basic services / Cellular Telephony Services / Internet Services / UASL /

NLD / ILD Services operating companies in India. Self-Certificate by the

bidder shall be submitted signed by the authorized signatory.

5.7 Para 5.6 & 5.7 shall be met by the consortium partner as well.

5.8 Valid PAN No.

5.9 Valid Sales/ Service Tax Registration Certificate No or exemption certificate

No.

5.10 The bidders shall submit necessary documentary proof showing that they

meet the eligibility criteria along with their tender bid. All documents

submitted shall also be self attested by the bidder.

5.11 Conditions for Consortium Bids:

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i. Consortium agreement as per the format at Section 7(E) shall mention the

details of scope of works and relationship, including commercial agreement

and shall be submitted in the technical bid.

ii. Only bidder shall interact with BSNL for all obligations/payment.

iii. The bidder is not permitted to be a consortium member under another bidder

for this project. However one consortium OEM company can participate in

more than one bid provided such company is not the Lead Bidder.

iv. No change in consortium members i.e. addition or dropping of a member shall

be permitted after the submission of the bid.

6 EMD:

6.1 The bidder shall furnish the bid EMD of INR 2 (two) crore one of the following

ways:

i. Demand draft/Banker‟s cheque drawn in favour of AO (cash), BSNL CO

Payable at Delhi.

ii. Bank Guarantee from a schedules bank drawn in favour of „DGM (MMT), BSNL,

Delhi which shall be valid for 180 days from the tender opening date.

6.2 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.

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

……………………In case the date of submission (opening) of bid is declared to be

a holiday, the date of submission (opening) of bid shall get shifted

automatically to next working day at the same scheduled time. Any change in

bid opening date due to any other unavoidable reason shall be intimated

to all the bidders separately.

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

……………...

9 Place of opening of Tender bids: BSNL has adopted e-tendering process

which offers a unique facility for „Public Online Tender Opening Event

(TOE)‟.

10 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

shall be conducting Public Online Tender Opening Event (TOE).

11 Tender bids received after due time and date shall not be accepted.

12 Incomplete, ambiguous, conditional, unsealed tender bids are liable to be

rejected.

13 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.

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14 Tender document can be downloaded from the website www.bsnl.co.in

following Link “Tender Notice” or from https://www.tcil-india-

electronictender.com.

15 The bidder shall furnish a digitally signed copy with no addition/

deletion/ corrections in the downloaded tender document being

submitted and it is identical to the tender document appearing on Web-site.

16 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.

17 All documents submitted in the bid offer shall 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.

18 All computer generated documents shall be duly signed/ attested by the

bidder/ vendor organization.

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Section- 2

Tender Information

1. Type of tender:

(a) Single Stage Bidding, Two stage opening using – Two Electronic

Envelopes.

(b) E-reverse auction: No.

Note 1: The bids shall 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 shall contain one set of the following documents

only :

a) Techno-commercial e-envelope shall contain Electronic Form-Technical with

all relevant bid annexure of following, but not limited to, documents :

i. EMD

ii. Receipt/Proof of the tender fee.

iii. Certificate(s) showing fulfillment of the eligibility criteria(s) stated in

Clause 5 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 Pact

vi. Clause by clause compliance as per clause 11.2 of Section-4A

vii. Bidder‟s Profile & Questionnaire duly filled & signed.

viii. Non-Relation Certificate duly filled & signed.

ix. Undertaking & declaration duly filled & signed

x. Documents stated in clause 10 of Section-4 Part A.

xi. Tender/ Bid form- Section 9 Part A

xii. Electronic Form- Technical duly filled & signed Note 2: In case the bidder is unable to upload any of the documents listed above,

he may submit the same physically. However EMD & cost of tender document shall be submitted in original in physical form.

b) Financial envelope shall contain:

i) Electronic Form- financial along with Price Schedule with all relevant bid

annexure.

ii) Bid form – price Schedule (Section 9 part B) 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).

ii. DD/ Banker‟s cheque of Tender fee.

iii. Power of Attorney in accordance with clause 14.3 of section 4 Part A and

authorization for executing the power of Attorney.

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iv. Pass-phrases for technical & financial bid parts in separate sealed

envelopes.

v. Integrity pact 5. Phases and Delivery Timeframes:

5.1 The scope of the implementation and commissioning of envisaged as per

Section 3 Part A shall be delivered within twelve (12) months from the date of

award of work to the Bidder in two phases as below:-

a. Phase-I: Within 6 months from the date of award of work to the bidder.

Customer Acquisition & Centralized CAF management System shall be

commissioned & offered “Ready to Use” in phase-I. b. Phase-II: Within twelve months from the date of award of award, Remaining

services envisaged in the tender shall be commissioned & offered “Ready to

Use” in phase-II. 5.2 Duration of the Contract: Duration of contract period shall be Five (5)

years from the date of commissioning of Phase-I. BSNL shall be at its liberty

to extend the contract further at negotiated terms and conditions including

commercials.

6. Payment Method:

6.1 Set up fee: Pursuant to the award of work, BSNL shall pay a fixed amount of

set up fee in two milestones as below:

i. Initial Mobilization fee payable as on Date of the WO: This shall be 30%

of the annual fee (exclusive of Taxes) quoted by the bidder in financial

bid. Against this payment, a bank guarantee of 100% (equivalent)

amount valid for 3 years shall be provided by the bidder. ii. Delivery of Services: On commissioning & Go-Live of Phase-I, 70 % of

the annual fee (exclusive of Taxes) quoted by the bidder in financial bid

shall be paid. Against this payment, a bank guarantee of 100%

(equivalent) amount valid for 3 years shall be provided by the bidder. 6.1.1 The set up fee as mentioned above in clause 6.1 shall be recovered in 10

equal monthly installments w.e.f commissioning of Phase-II.

6.1.2 Bidder can request for part payments of the mobilization advance(s) that is

due to the bidder subject to bidder submitting bank guarantee(s) for such

part payments. 6.2 After system being declared “Ready to use” and start of offering of services to

the customers from bidder‟s IT System, Transaction Based Fee (after

deducting SLA penalties) shall be paid to the Bidder on monthly basis as per

following model:

S No. Various Items

of SoR

Pricing parameter

(In INR)

Fee Calculation

Method (In INR

Per Anum) 6.2.1 New Subscriber

Registration

including CAF

Management

Price per subscriber

(“A”)

=A*12 Million

6.2.2 Existing CAF

migration to new

Centralized CAF

Management

System(CCMS)

Price per CAF (fixed

as 30% of “A” as

above)

=30%of “A” *75 M

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6.2.3 Scanning &

Digitization of

physical CAF to new

CCMS

Price per CAF “B” =B*25 M

6.2.4 Subscriber‟s e-bill

Presentment

(subscriber

processed for

electronic bills &

print bills)

Price per Subscriber

“C”

=C*180 M

6.2.5 Subscriber

Inbound/ Outbound

Communications

Price per 1000

inbound/outbound

communications

“D”

=D*.360 Million

6.2.6 Trans promo

Communications

Revenue Share of

Revenue from

Advertisements

70% of the

advertisement revenue to

bidder.

30% of advertisement

revenue to BSNL

1/4th of the white space

to be reserved for BSNL

advertisements.

*Note: Tentative quantities against various items of SOR are indicative only. The

same shall be considered for the tender evaluation purpose. Payments shall be

made as per the actual.

6.3 Payment against migration of existing Electronic CAF shall be based on per e-

CAF migrated on monthly basis.

6.4 The Payment for Scanning and Digitization services of Physical CAF shall be

shall be done on per physical CAF scanned and uploaded on monthly basis.

6.5 The payment for migration of existing e-CAFs & scanning and digitization of

physical CAFs shall be paid to the bidder as onetime fee paid for a specific

activities as mentioned at Clause 6.2.2 6.2.3 above.

7. Paying Authority: CGM ITPC Pune shall be paying authority.

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SECTION 3 PART A

SCOPE OF WORK

1. BSNL‟s Objective & Broad Level Scope of Services:

1.1 Bidder shall be setting up a Customer Acquisition and Communication

Management System for all lines of business on “Transaction based fee

basis”. The bidder shall be responsible for all CAPEX and OPEX including

Setting up and Operations & Maintenance in BSNL‟s IDCs with Main & DR site.

1.2 Bidder shall also set up a Centralized CAF Management System which shall

act as a single repository for all the customers and carrying out Data De-

duplication for different circles. Thereafter, successful bidder is also referred

as CACMSP.

1.3 Migration of all existing subscribers CAF images both post paid and pre-paid

from various IT systems at Circle Location to new Centralized CAF

management system shall be done.

1.4 Wherever existing DMS is not available in circles & scanned copy of CAF is not

available, the bidder, The Customer Acquisition & Communication

Management System Provider (CACMSP) shall be responsible for scanning and

uploading the CAF‟s to the centralized CAF management system. In such

cases, physical CAFs shall be made available to the bidder by respective BSNL

Circles.

1.5 Bidder shall deploy Customer Acquisition and Communication Management

System along with its supporting hardware, software and other infrastructure

with Primary and DR data center sites in two separate BSNL IDCs. The Bidder

shall also be responsible to operate and maintain the system.

1.6 For operation & management of the system, Bidder shall hire covered space

at RTTC Chinchwad in BSNL ITPC Pune @ rental of Rs. 30 per square feet of

Carpet Area per month for seating of Bidder‟s personnel. Electricity charges

for such arrangements shall be payable by the bidder as per actual. BSNL

shall provide telecom & all type of BW connectivity to operate & manage

system free of cost at Pune location. Bidder shall be responsible for creating

seating infrastructure, workstations etc to accommodate their personnel.

1.7 Bidder shall also be permitted to use BSNL existing network (from existing

Data Center to Network elements as well as to CSA, CSR, CSC locations,

IDC). Routers/switches etc which are being shared for data center traffic and

other BSNL network traffic shall continue to be maintained by BSNL.

1.8 BSNL shall be responsible for the procurement and maintenance of PC‟s,

smart phones, handheld devices in Customer service center (CSC) and for

field staff

1.9 The scope to be delivered by the bidder in relation to managed operations

include Application Management, Application Development, Application

Support, Operations and Maintenance, Production Management, Hardware

Management, Systems and Database Management etc.

2. Application Scope:

2.1 The bidder shall be responsible for supplying the following software solution:

2.1.1 Customer Registration System

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(a) Mobility (postpaid & prepaid) / Land line / Broadband and Enterprise

On-boarding of customer.

(b) Device (mobile / tablet) based on-boarding via automation of data

capture of customers.

(c) E-CAF (electronic CAF) generation.

(d) Aadhaar Integration.

(e) Centralized CAF Management.

(f) TRAI / DOT Regulatory compliance & Reporting.

(g) Integration with Payment Gateway.

2.1.2 Existing CAF Migration to Centralized CAF Management System:

(a) Migration of entire existing Customer CAF Images from BSNL IT

system to bidders Centralized CAF management system.

(b) Entry of physical CAF for which images are not available in Circles by

scanning/digitization.

(c) Data De-duplication

2.1.3 Subscriber Bill Presentment system

(a) Print Statement Management

(b) Electronic and Interactive Statements (iPDF, HTML)

(c) Statement consolidation across lines of business

(d) Enterprise Subscriber Communications and Bill Analytics.

2.1.4 Inbound / Outbound Communication System

(a) Predictive Analytics

(b) Alerts and Notifications Management

(c) Targeted Campaign Management

(d) Loyalty Management

(e) Automated Subscriber Response Management system

(f) Non-Voice-based (e-Mail, SMS, White Mail, Fax, Self-care, etc.)

(g) Reporting Dashboard

(h) Enterprise Information and Reporting Management system

2.1.5 Trans-promotional customer communication system

(a) Electronic and Interactive Statements (iPDF, HTML) including white

space management bills (electronic & print) for advertisements.

3. Phases and Delivery Timeframes:

3.1 The scope of the implementation and commissioning of above mentioned

services at Para 2 above, is proposed to be delivered within twelve (12)

months from the date of award of work to the Bidder in two phases as

below:-

(a) Phase-I: Within 6 months from the date of award of work to the

bidder. Customer Acquisition & Centralized CAF management

System shall be commissioned & offered “Ready to Use” in phase-I.

(b) Phase-II: Within twelve months from the date of award of award,

Remaining services envisaged in the tender shall be commissioned

& offered “Ready to Use” in phase-II.

4. Duration of the Contract: Duration of contract period shall be Five (5)

years from the date of commissioning of Phase-I. BSNL shall be at its liberty to

extend the contract further at negotiated terms and conditions including

commercials.

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SECTION 3 PART B

INTEGRATION SCOPE & DIMENSIONING DETAILS

1. Existing Landscape of IT Infrastructure across LOBs:

1.1 CRM and Customer Interacting Applications:

(i) Fixed Access – Wire line‟s Customer care and Billing System (CDR System).

Two industry standard CoTs CRMs i.e. Siebel/SAP each serving two zones

each.

(ii) Wireless Post-paid – GSM (2G/3G)/CDMA Billing & Commercial IT System.

Billing is from M/s Comverse.Customer Interface functionalities are served

through multiple applications providing Order management, Self-Care etc.

(iii) Wireless Prepaid – CSSS, DWS, Min-Sat, CCF applications provided by M/s

ces & M/s Ericsson exists. Sales part of Mobile Segment is managed using

Sancharsoft, a web based in-house software.

1.2 Enterprise Resource Planning (ERP) System by M/s SAP.

1.3 Existing Data Centers: All the above applications and related

infrastructure are housed in 10 DC‟s spread across the country.

(i) Four (4) data centres at Chandigarh, Pune, Hyderabad and Kolkata

serve the need of wireless LOB infrastructure including Broadband

Retails segment ;

(ii) Four (4) data centres Chandigarh, Pune, Trichy and Kolkata serve the

need of Wire Line LOB infrastructure and

(iii) Two (2) data centres at Bangalore (main site) and Pune (DR site) are

for Broadband services OSS & BSS.

2. Tentative Integration Scope with existing IT systems across various LOBs:

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3. DIMENSIONING DETAILS

3.1. System dimensioning for hardware and software shall have to be done based

on below mentioned parameters:

S. No. Parameter Value

3.1.1 Existing Customer base (All LOB) 100 Million

3.1.2 Storage Retention period 6 Months

3.1.3 Retention of Bill PDF 6 Months

3.1.4 Avg. size of image insert per Bill 200 KB

3.1.5 Avg. No. of Pages per Bill 2.5

3.1.6 Daily New Customer Addition across LOB‟s 30,000

3.1.7 Per scanned image CAF size 500 KB

3.1.8 Active connection CAF retention period Perpetual

3.1.9 DB Retention period Interactive Communication 12 Months

4. BSNL‟s Responsibility

(a) Provision of rack space for the infrastructure at the Data center

(b) Provision of physical space for bidder‟s personnel

(c) Provision of three phase feeder power line (dual)

(d) PCs required for CSRs/field staff at respective SSA, CSC‟s and field

units

(e) Bandwidth for network connectivity and MPLS ports

(f) All Civil and Electrical infrastructure for data center

(g) Raised flooring, False Ceiling and other modifications if required

(h) Data center network, security, surveillance etc set up

(i) Air-conditioning of the Data Center

(j) Fire-detection and Fire-fighting system

(k) Provision of generators and fuel for stand up power supply in case

the main power supply is not available.

(l) Backup power generation.

(m) Procurement and maintenance of PC‟s, smart phones used for

customer acquisition, PC‟s, UPS, LAN switch and other IT

infrastructure in Customer service center (CSC) and field offices.

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SECTION-3 Part C

SCHEDULE OF REQUIREMENTS

S No. Various Items of

SoR

Pricing parameter (In

INR)

Tentative Quantity per

anum for the evaluation

purpose

1. New Subscriber

Registration

including CAF

Management

Price per subscriber

(“A”)

12 Million

2. Existing CAF

migration to new

Centralized CAF

Management

System(CCMS)

Price per CAF (fixed as

30% of “A” as above)

75 Million (One time

activity)

3. Scanning &

Digitization of

physical CAF to new

CCMS

Price per CAF “B” 25 Million (One time

activity)

4. Subscriber‟s e-bill

Presentment

(subscriber

processed for

electronic bills &

Print bills)

Price per Subscriber “C” 180 Million subscriber

connections processed

per anum

5. Subscriber Inbound/

Outbound

Communications

Price per 1000

inbound/outbound

communications “D”

360 Million

inbound/outbound

communication per

anum

6. Trans promo

Communications

i. Revenue share

70% of revenue share

to bidder

30% BSNL

& 1/4th of the white

space to be reserved

for BSNL

Advertisements

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SECTION 3 PART D-1

FUNCTIONAL & TECHNICAL REQUIREMENTS OF CUSTOMER REGISTRATION SYSTEM

1. Customer Acquisition Management System

1.1 General requirements:

i. BSNL envisages having a Single integrated platform for on-boarding (henceforth also

referred as Subscriber Registration System) of customers and achieving

regulatory compliances across LOB‟s.

ii. System shall facilitate technologies, mobile and smart phones, tablets to on-board

customers to expedite customer acquisition process.

iii. Bidder shall provide web-based system through which customer onboarding process

can be enabled through multiple channels viz., Mobile devices (smart

phones/tablets), Desktop (pre-scan) and Desktop (Post-Scan). In Desktop (pre-scan)

process the scanned image is put in the workflow for initiation of activation process.

In Desktop (Post-Scan) process the activation process shall be initiated only on

receipt of physical CAF.

iv. System shall have integrated data de-duplication capability for prepaid/ post-paid,

Blacklist and NDNC to meet DOT compliance.

v. System shall be integrated with the centralized CAF Management System for storing

CAFs. CAFs can be accessible by BSNL users from any location and by CSR‟s through

CRMs of BSNL.

vi. System shall synchronize and consolidate data through on-line and batch interfaces

through integration with existing CRM/ BSS systems and provide seamless activation

of registered customer.

vii. System shall have Biometrics capability and support integration with Aadhar

database.

viii. System shall providing Customer Care interface to check subscriber status, usage,

and registration transactions.

ix. System shall support for Data Integration, Reporting & Dashboard.

x. The system shall support sales channels like retailers, distributors, CSCs, BSNL POS,

resellers, Franchisee, door to door & home services, direct retail channels etc.

1.2 Indicative Workflow for Device Based On-boarding: Tentative workflow shall

be as below:

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1.2.1 Order Entry:

i. System shall have functionality for UID integration.

ii. POS/franchise shall first authenticate himself in the App

iii. On successful authentication of subscriber against Aadhar subscriber demographics

including photograph shall get auto populated on the Form.

a) The App shall open a screen for agent to do Order Entry. Validations on fields shall

be shared by BSNL during SRS.

b) Capture of photograph, CAF Image capture along with Proof of address and Proof of

Identity

c) User shall be able to generate e-CAF and shall be able to upload e-CAF along with

data to Subscriber Registration Server.

iv. Subscriber Registration System shall be integrated with existing CRM‟s to fetch additional

information.

v. On completion of information capture there shall be facility in the App to upload the

information to Subscriber Registration System server and generate e-CAF of same. There

shall be an option to automatically send e-CAF generated to be emailed to subscriber

authenticated email address.

vi. The app shall have the functionality to generate receipt of transaction (both success and

or failure case) and provide it to subscriber.

vii. The App shall not store biometric information of subscriber locally at any point of time

and shall adhere to all regulatory guidelines issued by DOT in this regard.

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viii. Subscriber Registration System shall be used to create different workflows for various

LOB‟s while taking cognizance of regulatory needs for the purpose Of new subscriber

activation.

ix. This process shall be handled by Subscriber Registration System web based application.

Subscriber Registration System shall dynamically pool the Order Entry details, e-CAF

along with CAF image (if available) to users basis Circle/SSA.

x. System shall support users to login into the application using the URL in Browser The

application shall provide the details to CRM systems for Tele-verification

xi. User shall be able to fetch De-duplication result (G9, NDNC, Blacklist)

1.3 Indicative Workflow Process for Conventional Channels:

High level Diagrammatic depiction of Subscriber Registration Process Flow

1.4 Functional Requirements:

1.4.1 Registration GUI Requirements:

i. The GUI shall support user authentication using login ID and Password.

ii. The registration fields shall be customizable. It shall be possible to define its label,

field length, font, and validation rules (allow or disallow entry of certain

characters or number).

1.4.2 Mobile Application Requirements:

i. The Application shall be installed via OTA on compatible mobile devices.

ii. The Application update shall be possible over 2G/3G or Wi-Fi data access

channels.

iii. The Application icon and its look and feel on the mobile device shall be

customizable in line with BSNL brand guidelines.

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iv. The Application shall be capable of working in offline mode. The offline mode is

invoked automatically due to unavailability of data channel access such as

2G/3G/WiFi, or it could be selected by the User.

v. The Application shall attempt to connect to the Server via one of the available

data access channels.

1.4.3 Agents Distribution Network:

i. Customer data shall be filled by the authorized distribution channel agents and

POS agents according to a list of authorized agents ID, device ID, and MSISDN

allowed to perform registration.

ii. The agent (member of distribution channel) shall be notified by the system upon

completion of registration process: Notification can be through SMS or email.

iii. The system shall support registration approval and confirmation mechanism where

approval is required prior to activation and registering in the system, such feature

shall be based on per agent profile.

1.4.4 Agent Management:

i. Application shall support registration of authorized agents through the server

including addition or deletion of agents.

ii. Application shall be able to assign Jobs for lead coverage and Address Verification

received from CRM or any other IT system to agents based on business rules.

iii. Application shall be able to send alerts to pre-defined users

1.4.5 KYC Requirements:

i. Shall comply with DOT and TRAI regulations.

1.4.6 Order Entry:

i. This process behaves as an entry point for Order and service requests into the

application. Order Entry shall be able to receive different types of orders.

ii. The Order Entry process shall be integrated with the CRM.

iii. Ability to support various workflows like:-

a) New Activation Prepaid/ Post-paid (Local Customer)

b) New Activation Prepaid/ Post-paid (Outstation Customer)

c) MNP flow for Prepaid/ Post-paid Local Customer

d) MNP flow for Prepaid/ Post-paid Outstation Customer

e) Enterprise Customer On-boarding Workflow

f) Data Connection (Local/Outstation) Customer

iv. The application shall provide interface for retailers to upload the CAF in bulk along

with .csv file consisting of data & mapping information.

v. Application shall provide interface to upload CAF, POA, POI while doing Order

entry.

vi. Application shall allow creation of Lots by franchise/CSC's for purpose of physical

tracking of CAF.

vii. Application shall support integration with NDNC/Blacklist Database during the

activation process

viii. Ability to receive Service Order status information from CRM.

1.5 Integration Capabilities: The Solution shall support integration:

i. With SMTP, POP3

ii. Payment gateway

iii. Centralized CAF management system

iv. Data De-duplication System

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v. Sancharsoft, CRM (Seibel and SAP of CDR System)

vi. Other required IT systems of BSNL

1.6 System Reports:

i. Application shall provide reports for activations.

1.7 De-dupe Process:

i. De-dupe process shall be executed online in Subscriber registration System

for mobility and any other LOB as defined during SRS.

ii. De-dupe check shall be performed to check if a subscriber has more than 9

logical matches available in the LTD base.

iii. De-dupe system shall also be utilized for other regulatory compliance check

like UCC/Blacklist. BSNL shall provide relevant data to the system and the

application shall maintain the same.

iv. BSNL shall provide and maintain data in a staging DB pertaining to

subscribers with outstanding settlement cases, write-off cases, Defaulters.

The application shall provide inputs to Subscriber Registration System

during activation process at workflow node as defined by BSNL during SRS.

v. Business rules engine to set rules and exception to certain rules

vi. The application must have the ability to perform various processes such as

Data Upload, Data Hashing, Matching and Clustering.

vii. The application shall perform Clustering activity.

viii. Specific reports for compliance shall be provided by the bidder.

2. Centralized CAF Management Scope

i. Central CAF management system shall be envisaged for all LOB‟s of BSNL i.e

Landline, BB, 3G/2G wireless, post & prepaid wireless & Enterprise customers

of BSNL.

ii. There shall be a primary site at (DC) Location and a Disaster Recovery (DR)

site.

iii. The application shall be deployed centrally and deployment architecture shall

have (N+N) failover at the main DC site as this is business critical application.

iv. The application shall be accessed by BSNL users directly and by CSR‟s through

various CRM‟s.

v. The system shall be used primarily for storage & retrieval of CAF‟s.

vi. The system shall be a web based and CAFs shall be accessible from any

location to authorized users.

vii. The system shall be integrated with CRM, On-Board and Sancharsoft.

viii. The bidder shall configure an Index parameter “Status” for the CAF‟s. This

index parameter shall have two values “Active” or “Inactive”.

ix. BSNL users shall update defined parameters against each CAF. There shall be

facility for bulk update of the index values.

x. The system shall also be able to update the values on receiving churn inputs

from CRM system.

xi. The CAF‟s with “inactive” value shall be archived into offline media.

xii. There shall be an interface to upload as .csv file the CAF‟s shall be retrieved

and dumped in a directory location.

xiii. Against the service numbers provided by TERM cell user shall be able to

retrieve the CAF from this system.

2.1 System Architecture

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2.1.1 Document Import: The system shall support

i. Bulk Import of image and electronic documents through an integrated

functionality.

ii. The system shall ensure that all the documents are stored in a structured

manner for easy access and retrieval with proper controls.

iii. Shall support scanning template feature in order to standardize all the

images scanned.

2.1.2 Electronic CAF Document Repository: The system shall support

i. Ability to version documents.

ii. Shall be able to provide permissions to documents/folders to a user or

departments.

iii. Shall Support various Meta Data Types.

2.1.3 Indexing & Storage: The system shall support

i. The system shall provide an option to create templates for indexing each

category of document.

ii. Facility to index documents on user-defined indexes and the system shall

support a particular index to be made mandatory or unique as required.

2.1.4 Search & Retrieval: The system shall support

i. Provide extensive search facility to retrieve documents or Folders/Files.

2.1.5 Audit Manager:

i. The system shall have Audit trail to maintain history of transactions

performed on the system.

2.1.6 Retention & Archival Module shall support:

i. Shall support PDF/A format for long term archiving

ii. The system must be able to restrict the setting up and changing of

retention schedules to the Administrator

2.1.7 Reports

i. System shall be able to generate reports

2.1.8 Security:

i. The system shall support secure login id and password for each user.

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SECTION-3 PART D2

FUNCTIONAL & TECHNICAL REQUIREMENTS FOR e-CAF MIGRATION

1. Existing CAF Images to centralized CAF management System:

1.1 General Requirements:

i. With the implementation of Customer Acquisition System being procured through

this tender, entire existing Customer CAF Images and certain demographic

information of entire customer base shall need to be brought on a new platform. To

meet the requirements of data migration from existing system, migration

environment shall have to be setup for migration to new system. This section

defines the outline requirements in this regard.

ii. Data migration activity shall involve the extraction of the existing data, which has to

be further mapped and translated as per the target RDBMS and then loaded to new

database.

iii. Bidder shall recommend an approach for the data conversion with necessary help /

inputs from BSNL. Bidder shall define the file format for the data transfer.

iv. Bidder shall prepare environment, develop test plan and documentation for the data

conversion. Documentation shall also include details on processes and schedules to

carry out checking of the extracted data from the source systems with the

converted data during actual conversion process.

v. There must be provision to load the customer data from the old system to the new

system manually by BSNL ( the data of those customers whose records were found

missing either during the transfer or found missing in the old system itself).

1.2 Bidder responsibility shall be:

i. Delivery of Centralized CAF Management System.

ii. Delivery of Hardware and Storage.

iii. Centralized CAF Management System Implementation.

iv. Migrate all Mobility CAF Images and associated available Index Data to new

Platform.

1.3 BSNL Responsibility shall be:

i. Provide the CAF files to be migrated to new solution

ii. Provide access to systems

iii. Provide information pertaining to Image Location, DB schemas and mapping

information of Images and schemas

iv. Required Network capacity for Data Transfer

1.4 Indicative Acceptance Criteria: Indicative process to be adopted for CAF shall be

as below:

i. After migration of CAF‟s that are made available by BSNL for a particular circle /

SSA or the LOT‟s provided, bidder shall provide detailed list on same.

ii. BSNL shall pick sample not exceeding 1000 CAF‟s of circles migrated from the list

provided by Bidder.

iii. BSNL shall manually look at data available in source system and data availability in

new system.

iv. If 99% success is found against the sample then migration activity shall be deemed

to be complete and bidder payment shall be due against the offered list

v. If the match is not 99% then vendor shall rework on identified discrepancies and

submit a updated list to BSNL and steps mentioned from point 1 to 4 shall be

repeated.

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SECTION-3 Part D3

FUNCTIONAL & TECHNICAL REQUIREMENTS FOR PHYSICAL CAF

MIGRATION

1. Scanning & Digitization related Services of CAFs for all lines of business:

1.1 General Scope:

i. With the implementation of Centralized CAF Management System being procured

through this tender, existing Customer CAF Images and certain demographic

information of all LOB‟s of BSNL shall need to be brought on in the new system.

ii. To meet the requirements of CAF‟s which are not in digitized form in any existing

system of BSNL, bidder shall provide services for scanning of such physical CAF‟s

and uploading to new Centralized CAF Management system for all LOB‟s.

iii. Scanning of CAFs located at HQ/Zones/Circles/SSAs across India.

iv. Bidder shall have to bring in PC, UPS, scanners, manpower & digitization software.

v. BSNL shall ensure timely availability of documents, adequate space & power

vi. Estimated CAF volume is as stated in the tender across HQ/Zones/Circle/SSA‟s with

each form having estimated 3-4 pages.

vii. Once these forms are scanned, they need to be indexed for quick retrieval and for

physical Tracking.

viii. All retrievals of images shall be either from centralized CAF management Solution or

through CRM application post Uploading of Scanned CAFs, Index Data into

Centralized CAF management Solution. There shall be users from corporate / Circle

/ SSA‟s / SDCA‟s working on the system from various Locations.

ix. Study and analysis of all the CAF formats including the fields in the CAF‟s is to be

done by the bidder during SRS phase. Bidder shall have to create plan with

assistance from BSNL for digitization of CAF‟s for existing connection for all LOB‟s.

x. Digitization of CAF of existing service connection shall be carried out at Circle

location for all LOB‟s. The bidder has to bring scanning software, PCs and scanners

at the circles, for scanning, validating and uploading of the scanned data along with

Index values to the central CAF server.

xi. The bidder shall provide a web based CAF monitoring system for the Circle/SSA

users.

xii. The scanning shall be done at 75 dpi, and in grey scale. The first page of main form

and also the supporting documents shall be in grey scale. The page containing the

photo and signature shall only be scanned..

1.2 Bidder responsibility

i. Deployment of scanners, computers, and manpower for rendering scanning works

ii. Scanning & Digitization of CAF

iii. Scanning workflow software, PCs, UPS, Manpower for scanning , indexing etc

iv. Implementation of web based scanning software

v. Scanning of CAF‟s and indexing of same as mentioned in this section.

vi. Upload of CAF Images and associated available Index Data to new Central CAF

Management Software

1.3 BSNL Responsibility

i. Providing adequate space to vendor for scanning at the various circle locations

ii. Providing power, necessary furniture

iii. Timely supply of documents for scanning and digitization

iv. Ensuring sufficient CAF‟s to vendor for scanning

v. Creation of LOT‟s in scanning software provided by Bidder

1.4 Indicative Acceptance Criteria: Tentative Process to be adopted for CAF shall be:

i. After scanning and indexing of CAF‟s bidder shall provide detailed list of completed

LOT to BSNL as and when the scanning of the LOT is completed

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ii. BSNL shall pick sample not exceeding 15 CAF‟s per LOT

iii. BSNL shall manually verify the data available in Physical CAF and data (CAF Image

and data as defined under clause 9.14 & 9.16 in case of mobility) available in the

software of the selected sample.

iv. If the sample is found satisfactory in the LOT, then the Circle QC Owner shall

provide acceptance for the LOT and vendor payment shall become due for the LOT.

v. If the match is not satisfactory then vendor shall rework and submit the LOT again

for acceptance and steps mentioned from point (b) to (d) shall be repeated. If the

quality of the work carried by bidder is rejected again for the LOT the Circle QC

owner on his own discretion may take up 100% QC for the CAFs of that lot. In case

Circle QC owner finds certain record of not appropriate quality (Image not visible,

wrong data entered for the record) the same shall be provided in writing with reject

reasons to vendor. Vendor upon receipt of rejected records shall rework on those

records.

vi. Circle QC owner shall ensure that QC work is completed within 15 days of receipt of

the LOT by the vendor for QC purpose. In case Circle QC Owner do not

communicate rejection of LOT within 15 days of submission by vendor the LOT shall

be deemed to be accepted.

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SECTION – 3 - PART D4

SUBSCRIBER BILL PRESENTMENT SYSTEM

(PRINT / ELECTRONIC / INTERACTIVE)

1. Statement / Advice Template Management: System shall have:

1.1 A GUI driven template designer and an in-built version control functionality.

1.2 Enable multimedia contents in e-bill PDF like Video campaigns, Voice advertisings,

Usage history Charts, Interactive Graphs, Hyperlinks to URLs like BSNL Store

locator, Bill pay etc

1.3 Ensure template management supports creation and governance of all templates

created using the application.

1.4 Provide business with the ability to segregate and create templates for internal and

end customer communications

1.5 Support easy design of multiple statement formats.

1.6 Maintain the template/document hierarchy such that, layouts for multiple Lines of

Business (Corporate, Retail etc.) can be created at multiple levels, Generate single

view of all communications sent to customer

1.7 Generate outputs for multiple distribution channels like print, e-mail, SMS etc. and

send communications to the customer, the static PDF can be viewed in all hand

held devices like smart phones, Tabs etc.

1.8 Provide design elements like bar codes, QR codes, text boxes, images, rich texts,

frames, charts, OMR etc that can be used to enhance presentation of data

1.9 Support designing of communication such that consistency of logos and statutory

information maintained

1.10 Support easy management of logo, font style, background, page dimension, header

and style across all channels.

1.11 Have reusability of common elements like logo, signatures, footer, header etc

across templates

1.12 Ensure all customer information processed on the statement generation date is

stored in the form of XML for subsequent reprocessing based on business need.

1.13 Have option to pre define dimensions of visual and textual elements

1.14 Ensure that for multiple changes at the development stage, details need to be

captured for intermediate changes between two versions.

1.15 Shall have capability to build field level validations, for example pin code

1.16 Application shall have capability of building different letter templates such as A4,

inland etc

1.17 Enable selection of best channel based on business rules, customer preferences and

reported effectiveness

1.18 Have the ability to extract data from the relevant input stream, set rules for

distribution of documents through preferred mode of distribution channels

1.19 Personalization of communications based on inputs from other applications

1.20 Allow communications to be generated in regular periodic batches, on-demand,

interactive or based on a pre-defined business occurrence or event.

1.21 Enable multiple communications design and generation processes to be run in

parallel

1.22 Provide the business with the ability to segregate statement information into

multiple categories (e.g. Summary Info, Details, itemized etc.)

1.23 The system shall support Importing and Exporting of templates to handle change

management, without affecting the production process.

1.24 The system shall have capability of sorting of output, provided in external look up

tables.

2. Interactive E-BILL/STATEMENT: The system shall:

2.1 Enable the business to send interactive PDF communications.

2.2 Enable the interactive statement to have TABS where all sections are segregated

accordingly.

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2.3 Allow the transaction data and historical payment related information, etc. shall be

represented in graphical form (Bar, Pie)

2.4 Have the ability to generate Interactive statement with a onetime password wherein

customers shall be able to enter the password to view the PDF.

2.5 Generate interactive PDFs with the ability to embed multi-media files.

2.6 Ensure Interactive PDF Bill to comply with BSNL's branding.

2.7 Displays all the account details of the customer like address details, alternate

contact numbers etc.

3. Statement/ Advice generation: The solution shall

3.1 Support generation of the Paper Statement/ Advice and e-Statement/ e-Advice

3.2 Support from a single master template, the presentation requirements for e-mail

and print statements can be dynamically handled within one single process run.

3.3 Have the ability perform dynamic look-ups from XML and CSV while processing

communications to capture customer preferences

3.4 Accept varied data sources and formats like ASCII Text files (Fixed length, delimited

and tag based), XML and Database/Data lookup (ODBC, Oracle, DB2, SQL Server,

MySQL ) as input.

3.5 Support for the output formats for email at the minimum shall be PDF, HTML,

Interactive PDF and HTML-5 (responsive)

3.6 Support output formats for print are Post Script (PS), Advanced Function Printing

(AFP)

3.7 Process SMS alerts in parallel as well as serve as a central repository for all

statements and advices for CRM and Self-Care search and retrieval

3.8 Support prioritization based on customer category such as enterprise customer,

high net worth customer, high bill amount.

3.9 Support generation of Statements/ Advice at multiple frequencies, as per

customer‟s preference.

4. Bill Presentment and Distribution: The system shall

4.1 Have the capability to integrate with third party systems such as SMTP server for

bill distribution

4.2 Have full color capability to generate Interactive PDFs with multiple colors contained

in it with features that allows the user to easily select or modify color, size, height,

width, font options.

4.3 Have the ability for Historical bill presentation

4.4 Have the ability to send output to an electronic address e.g. e-mail

4.5 Able to provide billing templates for multiple bill types, e.g. residential, corporate

4.6 Able to display remittance slip with clear payment details

4.7 Able to display instructions / information for payments, change of customer details,

loyalty points information,.

4.8 Able to generate output as text, PDF, XML, HTML and any other acceptable format

that is supported by major print and mailer systems in the market.

5. Customer Preference Management: The solution shall

5.1 Store customers‟ delivery preference (if a customer wants to receive Paper or e-

statement)

5.2 Send the e-Statement/ e-Advice to the specified email address of customers

5.3 Generate password protected e-statements in the form of static PDF, interactive

PDF or HTML-5 e-statements as desired by the business.

6. Multiple Language Management: The system shall

6.1 Support multiple language messages, to be incorporated in Statements/ Advice, as

per request

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6.2 Be Unicode compliant and can be configured to generate a multi-lingual .pdf output

(messages) based on the customer category/type/flag.

7. Print Management: The system shall

7.1 Support generation of print outputs AFP, PS (conditional tray switching) duplex

printing customer wise batch printing with load balancing mechanism

7.2 Shall enable the business to design print communication and email communications

using one template

7.3 Allow multi-page templates can be designed with varying paper sizes and paper

orientations for use in advanced multi-tray printers with „tray switching‟

functionality.

7.4 Support advanced printing options such as remote printing, duplex printing,

multiplexing, batch printing, and multiple copies, suppress printing, scheduled

printing, etc.

7.5 The system shall support data printing on pre printed stationary and generate an

identical output for e-statement

7.6 The system must support continuation of statement pages such that, when the

products or product elements do not fit on one page the subtotal of that page is

printed on the bottom of the first page and on top of the second page. The system

also shall support automatic insertion of pages based on availability of transaction

data.

7.7 The system shall support industry standard “Two-up” formatting of tables (i.e.

Newspaper reading)

7.8 The system shall have the ability to suppress zero-balance statement or a

statement with an amount below a pre-defined amount based on generic business

rules

7.9 Support generation of print ready files pre-sorted and segregated based on criteria

such as mail code and customer segment for ease of operations and prioritization of

statement generation process.

7.10 Support integration with the print shop by generating soft dumps of paper

statements and paper advice in the form of PS/ AFP.

7.11 Electronically sort (based on postal code, customer category) print ready files which

are encrypted

8. Personalized Communications & Targeted Marketing: The solution shall

8.1 Support insertion of marketing banners in the email template

8.2 OMR/Barcode generated by the application shall support print machines at the print

location for folding and enveloping.

8.3 Ensure based on the specific customer profile and transaction data, the relevant

marketing banners are introduced into the pre-defined place holders of the

template.

8.4 Come in-built with GUI based template designer and business rules engine that

enables business rules-driven “customer-specific” targeted cross-selling and up-

selling of policies and special offers for a segment of customers.

9. Regulatory Messages in Statements: The solution shall

9.1 Insert the T&Cs and other important messages in the Statements/ Advice

9.2 Ensure Content such as terms and conditions, statutory messages can be designed

on relevant sections of the template.

10. OMR/ Barcode: The solution shall

10.1 Be capable of GUI based generation of industry standard barcodes based on the

parameters (e.g. customer account no., statement date, Due date.

10.2 Ensure the same is used by print and franking machines at the print location for

insertion of marketing messages, folding and enveloping.

10.3 The system shall have the capability for Optical marks Recognition (OMR) insertion.

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11. Bulk Communications: The system shall :

11.1 Connect to multiple core applications, extract data in bulk, generate output in the

form of multiple documents and run an automated batch process at fixed intervals.

12. Statement data Upload: The solution shall :

12.1 Have the ability to load customer‟s data, products, from multiple sources

12.2 Ensure the adaptor framework can accept machine readable file formats such as

ASCII position based, line based, tag based (such as XML) Have the ability to

schedule statement generation jobs to run automatically at different times for

different regions

13. Bounce Management: The solution shall:

13.1 Provide comprehensive bounced email tracking capabilities that include, tracking

bounced emails, tracking reason codes, categorization of hard and soft bounce

based on reason codes, differentiated treatment and logical next steps configuration

such as retry interval, number of retries as well as initiation of alternate channel

such as print or SMS.

14. Performance and Reports: The solution shall

14.1 Provide MIS report on the statement/e-statement/e-Advice generation based on

statement generated volume.

14.2 Provide tools for monitoring the status of the above feeds and highlighting any

potential problems

15. Audit and logs: The system shall

15.1 Maintain audit and reconciliation logs across all channels

15.2 Maintain a end-to-end process audit of all communications sent via different

distribution channels like print, SMS, and email.

15.3 Create templates mapped to the relevant events, triggering near real-time alerts

across email and SMS channels.

16. Reporting and Graphical Invoice Presentation: The system shall

16.1 Allow the relevant metadata for search, retrieval

16.2 Support configuration and view of graphical representation of the customer

transaction data.

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SECTION – 3 - PART D5

INBOUND OUTBOUND COMMUNICATION SYSTEM

1. Alerts & Notification System:

1.1 Central Notification Engine

i. Come in-built with an Alerts Manager module that enables the business to send

SMS/email condition based alerts based on parameters configured in the

application's interface.

ii. System shall be able to send SMS/email to end users based on certain predefined

rules

iii. Have the ability to integrate with third party systems via existing APIs and

interfaces available.

iv. Enable the business to send Instant Messages to users based on periodic alerts and

conditions set in the application's interface.

v. Allow configuration of rules within the application's interface to enable the business

to send responses to inbound communications via the same mode of delivery

channel.

vi. The application shall be able to configure/send different types of alerts

vii. The application shall be able to send notifications through different channels like

SMS, Email etc.

1.2 Workflow Alerts

i. Ability to configure various alerts at desired nodes in the workflow, send new task

notifications to the users in the workflow, send escalation alerts in the workflow, send

job expiry notifications to the users, send a notification when a task is approved or

released from the workflow

1.3 Event based alerts

i. System shall SMS and Email alerts based on the events that happen in the business

systems, send real time alerts to both internal and external users in real time based

on the action that takes place in the business applications, send notification when a

record is inserted /updated/deleted

1.4 Rule/Condition Based Alerts

i. System to have a provision to define certain criteria or condition, based on which

notifications has to be sent to the users.

ii. Application shall support Configuration of SMS Groups on the basis of different circles,

segments etc.

1.5 Reminder Alerts

i. System shall have a configurable option to define the time frame in which the

reminders has to be sent

1.6 Inbound Alerts

i. System shall be able to support inbound SMS

ii. There shall be provision in the system to configure Short codes

iii. System shall have provision to configure the parameters of the message

1.7 Targeted messages

i. Ability to send promotional messages via SMS and Email to the targeted audience.

ii. Ability to send personalized communications

1.8 Scheduled Alerts

i. System shall have an interface to schedule the alerts

1.9 Multilingual Notifications

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i. System shall support multilingual SMS/email

1.10 Bulk Notification

i. System shall be able to post BULK SMS towards SMSC

ii. Can be seamlessly integrated with the downstream applications such as

SMSC, SMTP.

iii. System shall be able to post BULK E-mail

1.11 Template Creation

i. System shall support template creation using web based GUI

ii. Provide a web based GUI module for designing layouts of multiple templates.

Template for both SMS and Email distribution can be created with both static

and variable content mapped from the data source as input

1.12 Administration

i. System to provide GUI Client

ii. Shall come in-built with a GUI based interface that enables the business

centralize the administration and governance of all configuration and

management related activities involving the application framework.

1.13 Interfaces Support

i. Integrate with third party systems using APIs, Web Services or other

standards based on business requirements.

ii. The application shall cater to the requirement of integrations with external

interfaces such as XMPP, SMPP, SIP and HTTP/WAP via the same.

1.14 Multi Device Sync/Push Support

i. Have the ability to push notifications/alerts to IOS/android/windows based

devices/tablets/ Smart phones.

2. MULTI-CHANNEL MARKETING CAMPAIGN MANAGEMENT

2.1 Marketing and Analytics

i. The Marketing Management application shall provide Campaign Management,

Budgeting, Segmentation, analytics and Multi-Channel Execution features.

ii. Application offer marketing campaign workflow functionality that completes a

sequence of tasks related to marketing campaigns (e.g. send e-mail, set call

reminder, send reminder e-mail

iii. Mass e-mail campaigns be executed from the proposed application

iv. To conduct segmentation utilizing customer usage patterns and buying behaviors.

v. To match customer profiles with potential product needs.

2.2 Campaign Management: The system shall

i. Facilitate creation, management, deployment and tracking of campaigns. It shall

support outbound campaigns via multiple communication channels such as website,

mobile, and email.

ii. The system shall support in doing Customer Segmentation, Designing of campaigns,

Outbound Marketing Campaigns, Campaign Response Tracking, Email Delivery for

outbound Marketing, Reporting and Analysis

iii. To measure the effectiveness of promotions or incentives.

iv. To improve marketing communications (appropriately targeted advertising and

collateral) by measuring the effectiveness of previous campaigns.

v. Help the business to create messages (e.g.: simple text, rich text, HTML) and

upload images for targeted campaigns.

vi. The application shall have the ability to create data profiles based on the input data.

The business can define the data profiles for targeted campaigns

vii. The application shall provide the flexibility to define rules based on the conditions

defined by the business. These rules are configured to send targeted campaigns to

customers.

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viii. The application shall support campaign generation via distribution channels like

Email and SMS

ix. Support external data sources look up

x. Campaign tracker for concerned stakeholders

xi. Facilitate delivery status for email, snail mail, SMS to be pushed back to campaign

manager in real time.

2.3 Branding Segmentation: The solution shall

i. Support a different segment (Corporate/ Consumer/ Retail) branding for

Statement/ Advice generation

ii. Have template design console that supports easy configuration of master set

of scenarios in one unified master template.

3. LOYALTY MANAGEMENT SYSTEM

3.1 Reward Points Management

i. The bidder shall be able to conceptualize, design, implement and manage a

customer loyalty and rewards program for BSNL‟s customers, including

identifying specific target segments and designing loyalty solutions.

ii. Shall able to provide a interface for customers to check their status of reward

points.

3.2 Direct Communication to the Customers

i. Loyalty program shall carry out campaigns to increase the awareness of the

loyalty program and to engage with the customers on day to day basis.

ii. Shall not send any unsolicited marketing/commercial conversation to

customers.

iii. Time-to-time festive offers and special features shall be communicated to

the customers to attract them

iv. Provide details like points awarded, points redeemed, points expired and

communicate the same to customer by extracting the information from

backend systems.

3.3 Marketing, loyalty and couponing

i. Platform shall be able to send coupons and promotional offers to mobile

devices, which can be exchanged for financial discounts or rebates when

purchasing products.

ii. Coupon administrators shall be able to upload batches of coupons, or create

new coupons.

iii. Platform shall enable BSNLs to mobilize and increase customer engagement

by delivering relevant, personalized offers to the customers.

iv. Provide information on reward points to customers of loyalty programs

3.4 Enrolment

i. Methods of enrolment shall be user definable

3.5 Points Calculation

i. Ability to compute customer points within a user configurable interval based

on the bill usage of the customer, calculate reward and tier points differently

for a unique customer, expire points at configurable time spans

3.6 TEMPORARY DEACTIVATION & TERMINATION

i. Ability to temporarily deactivate customer loyalty program profile, terminate

customer from loyalty program, allow user definable update of customer

account, allow reactivation after termination

3.7 GENERAL PROCESS REQUIREMENTS

i. Ability to maintain audit trail for all events

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SECTION – 3 – PART D6

TRANS-PROMOTIONAL MESSAGING & TARGETED ADVERTISEMENTS

ACROSS ALL CHANNELS

1. Introduction

1.1 Trans-promo shall combine traditional transactional documents such as invoices,

statements, and notifications with data-driven customer data and relevant offers

tuned to consumers‟ preferences and purchasing patterns. The objective is to

strengthen retention efforts, cross-sell, up-sell, and advance customer relationships.

1.2 Use of transactional documents as a vehicle for promotional communications such as

bills, statements or invoices that can be used to present promotional or educational

messages to customers.

1.3 Trans-promo strategies shall not be restricted to the printed channel - multi-channel

campaigns to reach more customers with highly personalized messages.

2. White Space Management

2.1 Use the white space on statements to generate new revenue streams.

2.2 Enable White Space Management through a GUI driven interface that allows business

the flexibility to design the documents as per the customer preferences.

2.3 Have the flexibility to insert rich and relevant marketing messages etc. from a

repository of images based on the available white space on the paper real estate.

2.4 Different sizes of marketing images shall need to be made available and the

application shall calculate the size of the white space available and fetch

corresponding image.

3. Trans Promotional Marketing

3.1 Linking into Multi-Channel Marketing Campaign Management

3.2 Use of business rules and white space management to allow campaigns to have

variable messages that are segmented and personalized to the individual

3.3 Imprint transactional documents like bills, invoices, and statements with variable

messages tuned to customers‟ unique preferences.

3.4 The promotional messages shall be imprinted directly on the bills and statements

using full or highlight color images in the document‟s white space. And those

messages may take the form of informational, educational, or cross-sell messages

depending on the business objective.

3.5 System shall be template-driven, adjustments to messaging and offers can be made

in a matter with less effort

4. Print and Electronic Media

4.1 Both transactional and promotional documents shall be delivered in electronic form,

either in addition to a paper document or in lieu of paper.

4.2 Enable the development of business rules that govern how transaction data and other

data and content are utilized to generate a unique document with personalized and

relevant graphics or promotions for each recipient.

4.3 Use of a combination of print, the Web, and e-mail communications media together in

an integrated campaign

5. QR Codes

5.1 Ensure that the QR code is a specialized 2D barcode that stores information a user

can access via a camera-enabled smart phone.

6. Trans-promo Printing

6.1 BSNL shall enable printing of trans-promo messages using High-resolution black &

white, highlight color and full-color digital printing presses capable of merging

transactional and customer data in monochrome, highlight color, or full digital color.

It shall enable job-appropriate printing of black & white, highlight color or full color

documents with variable text, images, and graphics based on the objectives and

economics of the job.

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6.2 Enable job-appropriate print files of black & white, highlight color or full color

documents with variable text, images, and graphics based on the objectives and

economics of the job.

6.3 Flexibility to either print on or replace pre-printed forms based on cost metrics and

objectives.

7. Other Channels for Advertisements

7.1 Bidder shall consider advertisement inserts in other channels such as Mobile

Advertising, SMS. Email etc

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SECTION-4 Part A

GENERAL INSTRUCTIONS TO BIDDERS (GIB)

1. DEFINITIONS:

(a) "The Purchaser" means the 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 Bidder” means the individual or firm supplying the

services 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 Work Order" or “Letter of Intent” (AWO) means the intention of

Purchaser to place the Work Order on the bidder.

(f) "The “Work Order" (WO) 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 transaction based fee" means the price payable to the Supplier under the

work order for the full and proper performance of its contractual obligations.

(h) "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.

(i) “Customer Acquisition & Customer Communication Management System

Provider CACMSP)” or “Successful Bidder(s)” means the bidder(s) to who

work has been awarded.

2. ELIGIBLITY CONDITIONS:

2.1 Kindly refer to clause 5 of Section – 1 of this tender document i.e detailed NIT.

3. COST OF BIDDING

3.1 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 bidding 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 and clarifications/ amendments/ addenda, if any. Failure to furnish all

information required as per the Bid Documents or 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 DOCUMENTS

5.1 A prospective bidder, requiring any clarification on the Bid Documents shall notify the

Purchaser in writing by FAX or by Email of the Purchaser as indicated in the invitation of

Bid. 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

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shall be sent to all the prospective bidders who have received the bid documents.

5.2 Any clarification issued by BSNL in response to query raised by prospective bidders shall

form an integral part of bid documents and shall amount to an amendment of the

relevant clauses of the bid documents.

6. AMENDMENT OF BID DOCUMENTS

6.1 The Purchaser may, for any reason, whether at its own initiative or in response to a

clarification requested by a prospective bidder, may modify bid documents by

amendments prior to the date of submission of Bids with due notification to prospective

bidders.

6.2 The amendments shall be notified in writing by FAX or Email or by Addendum through e-

tendering portal ( for tenders invited through e-tendering process)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 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 BID:

7.1 The 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 FORM

8.1 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 goods,

quantity and prices as per section- 9.

9. BID PRICES

9.1 The bidder shall give the total composite price inclusive of all Levies & Taxes i.e. Sales

Tax & Excise, packing, forwarding, freight and insurance etc. but excluding Octroi/ Entry

Tax which will be paid extra at actual, wherever applicable. 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 B. Prices of incidental services 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. The Basic Unit price (Ex-Factory Price) of the goods, Excise duty, Custom duty,

Sales Tax, Freight, Forwarding, Packing, Insurance and any other Levies/

Charges 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 part B for all

the items given in schedule of requirement at Section 3 part C.

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,

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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 ESTABLISHINGBIDDER'S ELIGIBILITY AND QUALIFICATION

10.1 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).

c) Inspection Certificate issued by BSNL (QA) for execution of educational/

Commercial Order.

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 applicable rate of ED/ CD/ Sales Tax/ VAT /Service Tax.

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.

h) Certificates from all Directors of the bidder stating that none of their near relatives

are working in BSNL in accordance with clause 34.

i) Certificate of incorporation.

j) Article or Memorandum of Association or partnership deed or proprietorship deed

as the case may be.

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.

Note 1: Documents at S. No 10.1(g), (k), (l), (m) are applicable in case of tenders with

estimated cost more than Rs 1 Crore.

10.2 Documentary evidence for financial and technical capability

a) 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 The offered product has to be type approved. For this purpose, the supplier shall submit

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a sample type for evaluation. The sample would be evaluated for its ability to meet the

technical specifications, manufacturability, reliability, testability, ease of installation,

maintainability etc. Necessary documents to substantiate these attributes will have to be

submitted at the time of application for approval by the supplier for obtaining type

approval. Or In case goods offered have already been type approved/ validated by the

Purchaser, documentary evidence to this effect shall be submitted by the bidder.

10.5 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.

10.6 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.

10.7 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 GOODS‟ CONFORMITY TO BID DOCUMENTS

11.1 Pursuant to clause 7, 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 clause11.2(c) above, the

bidder shall note that the standards for the workmanship, material and equipment 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(DNIT).

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 alongwith 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.

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(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. 24.4 & 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) If the bidder does not accept the APO/ AWO and/ or does not submit PBG & sign

the contract/ agreement 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. 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 its bid security. A bidder

accepting the request and granting extension will not be permitted to modify its bid.

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 Attorney

a. The power of Attorney should be submitted and executed on the non-judicial

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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. Attestation of the specimen signatures of authorized signatory by the Company‟s/

firm‟s bankers shall be furnished. Name, designation, Phone number, mobile

number, email address and postal address of the authorized signatory shall be

provided.

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 may be called under:

a) Single stage bidding & Single envelope system OR

b) Single Stage Bidding & Two Envelope System

The details of sealing & marking of bids in each case is given below:

15.1.2 In Single stage bidding & single envelope system, the bidder shall submit all the

documents specified for Techno-commercial bid & Financial bid in a single envelope. The

cover shall contain the „Original Copy‟ of the bids subject to clause 14.2. The envelope

should be sealed by the personal seal of the bidder.

15.1.3 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 B(I&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

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.

a. The envelope shall bear the name of the tender, the tender number and

the words 'DO NOT OPEN BEFORE' (due date & time).

b. The inner and outer envelopes shall indicate the name and complete postal

c. 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

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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 BIDS

16.1 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

17.1 No bid shall be accepted either online by E-Tender Portal or physically in case of manual

bidding process after the specified deadline for submission of bids prescribed by the

purchaser.

18. MODIFICATION AND WITHDRAWAL OF BIDS

18.1 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 (in case of e-tendering) & physically (in case of manual bidding process) as

per clause 15.

18.3 Subject to clause 20, no bid shall be modified subsequent to the deadline for submission of bids.

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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 (A Format

is given in enclosed in Section-7 C).

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 & single envelope system; techno-commercial bid &

financial Bid will be opened on the date of tender opening given in NIT.

(ii) 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.

(iii) The following information should be read out at the time of Techno-commercial bid

opening:-

a) Name of the Bidder

b) Name of the item

c) EMD amount & validity and acceptability

d) Information in respect of eligibility of the bidder.

e) Details of bid modification/ withdrawal, if applicable.

(i) 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

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 BIDS

20.1 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 documents, 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 a stipulated

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time period. In case of non compliance to such queries, the bid will be out rightly rejected

without entertaining further correspondence in this regard.

21. PRELIMINARY EVALUATION

21.1 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 12 does

not tally with its breakup quoted in col. 4, 6, 8, 10 & 11, 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.

22. EVALUATION AND COMPARISON OF SUBSTANTIALLY RESPONSIVE BIDS

22.1 The Purchaser shall evaluate in detail and compare the bids previously determined to be

substantially responsive pursuant to clause 21.

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 inclusive of Duties and taxes (but excluding

CENVAT-able Duties & Taxes), Sales Tax, Packing, Forwarding, Freight and Insurance

charges etc. as arrived in Col. 17 of the price schedule in the Section-.9 Part B (I&II)of

the Bid-document after arithmetical correction in the manner laid down in clause 21.2

above.

22.3 As stipulated in clause 9.1, Octroi/ Entry Taxes are not to be included in the composite

price and hence the same will not be considered for the purpose of evaluation and

comparison of responsive bids. However, Octroi/ Entry Taxes will be paid extra. as per

actual wherever applicable on production of proof of payment/relevant

invoices/documents.

i. “Duties & Taxes for which the firm has to furnish Cenvatable Challans/ Invoices will

be indicated separately in the PO/APO.

ii. Vendors should furnish the correct E.D./Customs tariff Head in the price Schedule.

If the credit for the Duties and Taxes under CENVAT Credit Rules, 2004 is found to

be not admissible at any stage subsequently owing to wrong furnishing of Tariff

Head, then the vendors will be liable to refund such non-admissible amount, if

already paid, along with penalty if charged by the concerned authority.

iii. In case the Duties & Taxes which are non CENVAT-able as per the quotes indicated

in the price schedule by the vendors and subsequently at any stage it is found that

Credit for such Duties & Taxes is admissible as per CENVAT Credit Rules, 2004,

then the vendors will be liable to refund the amount equivalent to such Duties &

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Taxes if already paid to them. However, the purchaser may allow the supplier to

submit necessary documents in this regard which may enable the purchaser to

avail the CENVAT credit provided such credit is still available for the amount so

paid as per CENVAT Credit Rules 2004.

iv. The purchaser reserves the right to ask the bidders to submit documentary proof

confirming the correct Tariff Head from the E.D./Customs authority where the 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

E.D./ Customs Tariff notifications.

v. “If the supplier fails to furnish necessary supporting documents i.e. Excise/

Customs invoices etc. in respect of the Duties/taxes which are Cenvatable, the

amount pertaining to such Duties/ Taxes will be deducted from the payment due to

the firm.”

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.

23.2 Any effort by a bidder to modify its 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 ORDER

24.1 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.

24.3 The purchaser reserves the right for the placement of order of entire tendered quantity

on the bidder with the lowest evaluated price.

24.4 In the event of L2 and so on bidders refusing to accept its package de rated to the price

of L1 bidder, BSNL reserves the right to place the order for entire quantity to the L1

bidder. It is mandatory for the L1 bidder to accept such an offer (second APO) at

evaluated L-1 price and shall perform the whole contract as envisaged in the tender

document. The additional quantity, due to non-acceptance of respective quantity by L2

and/or L3 and so on bidders, as envisaged in clause3 (Distribution of Quantity) in section

4 Part B, shall be supplied by the L-1 bidder as part of whole contract.

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

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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 BIDS

26.1 The 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 ORDER

27.1 The issue of an Advance Purchase Order shall constitute the intention of the Purchaser to

enter into contract with the bidder.

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.

27.3 L-1 bidder may be issued Advanced Purchase Order (APO) in two stages. The first APO

shall be issued for L-1 quantity as defined in clause above. The second APO may be

issued to L-1 bidder only when the Purchaser exercises the right for placement of order

on balance tendered quantity on the bidder with the lowest evaluated price in conformity

to Clause 24.3 & 24.4 of Section 4 Part A.

28. SIGNING OF CONTRACT

28.1 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, except in case of L-1

bidder, whose EMBG/ EMD shall be released only after finalization of ordering of

complete tendered quantity in pursuance to clause no. 24.4 & 27.3 of this section..

29. ANNULMENT OF AWARD

29.1 Failure of the successful bidder to comply with the requirement of clause 27 & 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

30.1 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.

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31. REJECTION OF BIDS

31.1 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-4Part 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.

(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-5B 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:-

(g) "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-4PartA, 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.

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32.1 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.

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

33. NEAR-RELATIONSHIP CERTIFICATE

33.1 The bidder should give a certificate that none of his/ her near relative, as defined below,

is working in the units 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 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 The format of the certificate is given in Section 6 (B).

34. VERIFICATION OF DOCUMENTS AND CERTIFICATES

34.1 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.

34.2 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 requirement

35.1 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.

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Appendix-1 to Section 4 Part A

S. No.

Defaults of the bidder / vendor. Action to be taken

A B C

1(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 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.

a) Bank Instruments with the bid to meet terms & condition of tender in

respect of tender fee and/ or EMD;

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 shall 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 Sales 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.

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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.

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.

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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 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 shall 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 shall 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

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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.

e) Undertakes any action that affects/ 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/ Sales Tax/ Excise / 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.

Note 7: The above penalties shall 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 shall continue along with settlement of Bills.

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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 5 of DNIT.

2. Bid Security

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 E 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.

3. Scope of Work & Application scope:

3.1 Scope of work as per functional & technical requirements detailed in Section 3.

4. Evaluation process:

4.1 Bidder shall be selected as per quality cum Cost Based Selection (QCBS) criteria where

Technical Bid Score shall get a weightage of 70 and Commercial Bid Score a weightage of

30.

4.2 The evaluation process of the Bid consists of three parts:

i. The Check of Eligilbity criterion (Preliminary Qualification)

ii. Techno-commercial Evaluation of the Bid; followed by

iii. The Financial Evaluation of the Bid.

4.3 Techno-Commercial Bid Evaluation:

i. Bids submitted by all the bidders shall be evaluated for eligibility as per the Eligibility

criteria as mentioned at clause 1 above & parameters detailed in clauses detailed below.

Bids not complying with the eligibility criteria not be considered for further evaluation.

ii. BSNL may seek specific clarifications from the Bidder(s) during the techno-commercial

evaluation stage. All the clarifications received within the stipulated time shall be

considered for evaluation and shall form part of the proposal.

iii. Successful bids out of this stage shall be considered for the techno-commercial evaluation.

4.4 Evaluation of Bidder Credentials:

i. The Bidder credentials shall be evaluated for determining the credentials of the Bidder as

an organization and also the ability to deliver the required services as envisaged in this

Tender.

ii. The technical bid shall be analyzed and evaluated, based on which the Relative Technical

Score (RTS) shall be assigned to each bid.

iii. Relative Technical Score (RS Tech) for each Bidder shall be calculated as follows:

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RS Tech = T / T high * 100 Where, RS Tech = Relative score obtained by the bidder T =

Technical score obtained by bidder, T high = Highest Technical score secured among the

bidders.

iv. Technical Bids receiving a RTS greater than or equal to a score of cut-off marks of 70,

shall be eligible for consideration in the subsequent round of finance bid evaluation.

v. If less than 3 bidders qualify as per above criteria, BSNL reserves the right to short list top

3 bidders for opening of financial bids.

4.5 Evaluation of financial Bids:

i. The financial Bids of the Bidders, who are found technically qualified in previous phase,

shall be opened for financial evaluation.

ii. The financial bids of the Bidders shall be evaluated based on the cumulative net cost to

BSNL per SoR item for period of 5 years.

iii. Relative financial Score (RSCom) for each Bidder shall be calculated as follows:

RS Com = C Low / C * 100 Where, RS Com = Relative score for financial Bid of the Bidder C

= Financial bid value of the bidder, C Low = Lowest Financial bid value out of all the

financial bids opened

4.6 Final Selection of the Bidder:

i. Total Relative Score (RS) obtained by each Bidder shall be calculated as follows:

RS = RS Tech * 0.7 + RS Com * 0.3

ii. The bidder with maximum Relative Score (RS) thus obtained shall be declared as

successful bidder for awarding work.

4.7 Eligibility Conditions Compliance Evaluation

4.7.1 As per documentary evidence/certificates submitted by the bidder complying to eligibility

criterion defined in the Section-1 of tender document.

4.7.2 Bidder Credentials Criterion:

i. Financial Strength of the Bidder:

Evaluation Criteria Maxim

um Score

Detailed Point System Supporting Documents

Eli

gib

ilit

y

Crit

eria

Cumulative Annual Revenue of the Bidder for the last three (3) audited financial years (2012-2013, 2013-2014, 2014-2015)

5

INR 75 Crore

Greater than INR 75 Crore and up to INR 200 Crore

>INR 200 Crore

Audited and published financial reports of the firm for each of the three financial years signed by authorized signatory

Percentage of Maximum scores eligible for each slab

(60% of maximum score)

(80% of maximum score)

(100% of maximum score)

4.7.3 Organizational Strength of the Bidder

Evaluation Criteria Maxim

um Score

Detailed Point System Supporting Documents

Elig

ibi

lity

Crit

eri

a

The number of years the Bidder‟s company been in existence 5 5 years

Greater than 5 years and up to 10 years

>15 years

Certificate of Incorporation signed by the authorized signatory

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Evaluation Criteria Maxim

um Score

Detailed Point System Supporting Documents

Percentage of Maximum scores eligible for each slab

(60% of maximum score)

(80% of maximum score)

(100% of maximum score)

4.7.4 Deployment Leadership of the Bidder (or Consortium Partner in case of consortium bid)

Evaluation Criteria

Maximum

Score Detailed Point System Supporting Documents

Elig

ibil

ity C

rit

eria

Deployment that support at least 50 million subscribers globally across wire line

/ wireless telecom

networks. 5

50 million subscribers

Greater than 50 and up to 100 million subscribers

>100 million Client certification(s) in the

prescribed format attached as Section 10 Annexure 1-A to the tender document

Percentage of Maximum scores eligible for each slab

(60% of maximum score)

(80% of maximum score)

(100% of maximum score)

Pro

du

ct

Eli

gib

ilit

y C

rit

eria

Number of Telecom operators where the bidder was responsible

for the implementation of the proposed system (Subscriber Acquisition management system

and / or Subscriber Communication management system). (Only active deployments shall be considered)

5

2 Telecom Operators

Greater than 2 and up to 5 Telecom Operators

>5 Telecom Operators

List of all telecom operators in the prescribed format attached as Section

10 Annexure II-A with contact details signed by the authorized signatory

Percentage of Maximum scores eligible for each slab

(60% of maximum score)

(80% of maximum score)

(100% of maximum score)

4.7.5 Subscriber On-boarding software OEM capabilities:

ro

du

ct

eli

gib

ilit

y

crit

eria

What is the maximum

number of subscribers on-boarded per day by a single active installation of

the offered Subscriber

5 100000subscribers

Greater

than 100000 and up

200000 to

> 200000 subscrib

ers

List of all telecom

operators in the prescribed format attached as Section 10

Annexure II-C with

Evaluation Criteria Maximu

m Score

Detailed Point System Supporting Documents

Pro

du

ct

Eli

gib

ilit

y

Crit

eria

Number of Telecom

operators worldwide

where the ISV‟s quoted

Subscriber Acquisition

management system

solution (generic, any

version) is in active

production deployment

5

2 Telecom Operators

Greater than 2 and up to 5 Telecom Operators

>5

Telecom Operators

List of all telecom

operators in the prescribed format attached as Section 10

Annexure II-B with contact details signed by the authorized signatory

Percentage of Maximum scores eligible for each slab

(60% of maximum score)

(80% of maximum score)

(100% of maximum score)

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Acquisition management

system in a telecommunication service provider environment

subscribers

contact details signed by

the authorized signatory

Percentage of Maximum scores eligible for each slab

(60% of

maximu

m score)

(80% of

maximum

score)

(100% of

maximum

score)

Pro

du

ct

Eli

gib

ilit

y C

rit

eria

What is the maximum

number of users

supported by a single

active installation of the

offered Subscriber

Acquisition management

system in a

telecommunication

service provider

environment

5 5000 users

Greater than 5000 and up to 10000 users

> 10000 users

List of all telecom operators in the prescribed format attached as Section 10 Annexure II-D with contact details signed by the authorized signatory

Percentage of Maximum scores eligible for each slab

(50% of maximum

score)

(75% of maximum score)

(100% of maximum score)

4.7.6 subscriber communication management software OEM capabilities:

Evaluation Criteria Maximum Score

Detailed Point System Supporting Documents

Pro

du

ct

elig

ibil

ity c

rit

eria

Number of Telecom operators

worldwide where the ISV‟s subscriber communication management system is in active production deployment serving the billing

5

One to 5 Telecom Operators

Greater than 5 and up to 10 operators

> 10 operators

List of all telecom operators in the prescribed format attached as Section 10 Annexure II-E with

contact details signed by the authorized signatory

Percentage of Maximum scores eligible for each slab (60%

of maximum score)

(80% of maximum score)

(100% of maximum score)

Pro

du

ct

elig

ibil

ity c

rit

eria

What is the maximum number of statements (e-Bills / Print) sent per month by a single active installation of the offered

Subscriber Communication management system in a telecommunication service provider environment 5

5 Million statements

Greater than 5 Million and up to 15 Million statements

> 15 Million Statements

List of all telecom operators in the prescribed format attached as Section 10 Annexure II-F with contact details signed by the authorized signatory

Percentage of Maximum

scores eligible for each slab

(60% of maximum

score)

(80% of maximum score)

(100% of maximum score)

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Evaluation Criteria Maximum Score

Detailed Point System Supporting Documents P

ro

du

ct

Eli

gib

ilit

y C

rit

eria

What is the Maximum

number of inbound /

outbound communications

per month sent per month

by a single active

installation of the offered

Subscriber Communication

management system in a

telecommunication service

provider environment 5

5 Million

Greater than 5 Million and up to 15

Million

> 15 Million

List of all telecom

operators in the prescribed format attached as Section

10 Annexure II-G with contact details signed by the authorized signatory

Percentage of Maximum

scores eligible for each

slab (60% of maximum score)

(80% of maximum score)

(100% of maximum score)

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SECTION 4 PART C

SPECIAL INSTRUCTIONS TO BIDDERS FOR e-TENDERING

1. GENERAL:

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.

1.1 E-Tendering is a new methodology for conducting Public Procurement in a secured

manner. Suppliers/ Vendors shall 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.

1.2 Benefits to Suppliers are outlined on the Home-page of the portal.

2. Instructions

2.1 Tender Bidding Methodology: – „Single Stage Bidding, Two stage opening using – Two

Electronic Envelopes‟.

3. Broad outline of activities from Bidders‟ prospective:

i. Procure a Digital Signing Certificate (DSC)

ii. Register on Electronic Tendering System® (ETS)

iii. Create Users and assign roles on ETS

iv. View Notice Inviting Tender (NIT) on ETS

v. Submit Tender fee and NDA offline to BSNL

vi. Download Official Copy of Tender Documents from ETS

vii. Attend training on e-tendering to be arranged by BSNL(optional)

viii. Clarification to Tender Documents on ETS

ix. Query to BSNL (Optional)

x. View response to queries/clarifications posted by BSNL as addenda

xi. Bid-Submission on ETS

xii. Attend Public Online Tender Opening Event (TOE) on ETS

xiii. Opening of Technical-Part

xiv. View Post-TOE Clarification posted by BSNL on ETS

xv. Respond to BSNL‟s Post-TOE queries

xvi. Attend Public Online Tender Opening Event (TOE) on ETS

xvii. Opening of Financial-Part (Only for Technical Responsive Bidders)

4. Other Instructions

4.1 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 Certificates

5.1 For 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)

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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

6.1 To use the Electronic Tender® 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 shall be the main person coordinating for the e-tendering

activities. In ETS terminology, this person shall 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 Helpdesk

Telephone (011) 26202699 (Multiple Lines)

[between 9:30 hrs to 18:00 hrs on working days]

Emergency Mobile Nos. 98683 93717 / 98683 93775 / 98683 93792

E-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, shall download the official copy of the same Tender

Document/ addendum online from the e-tendering portal.

(b) Online Submission of Bids

The entire bid-submission shall 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 Envelopes

i. Technical-Part

a. Electronic Forms-Mandatory

b. Main-Bid-Mandatory

c. Bid-Annexures (Optional)

ii. Financial-Part

a. Electronic Forms-Mandatory

b. Main-Bid-Mandatory

c. Bid-Annexures (Optional)

d. (Financial price schedule shall be uploaded as Main Bid in this part and it

shall 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 shall be noted that

only when „Status pertaining overall bid submission‟ becomes „Complete‟ then only the bid

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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 shall 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.

Bidders shall 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 shall 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:

8.1 The Bidder is requested to submit the following original documents 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].

(d) Pass-phrases for technical & financial bid parts in separate sealed envelopes.

9. Special Note on Security of Bids

9.1 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

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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.

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

shall not be possible to open his bid and as his bid shall be REJECTED (i.e. Archived Un-

opened). Before rejection in such a situation, the bidder shall 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 shall 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

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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 shall promptly re-schedule the affected event(s).

11. Other Instructions

11.1 For further instructions, the vendor shall visit the home-page of the portal

(https://www.tcil-india-electronictender.com) and go to the User-Guidance Center

11.2 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 shall

thoroughly peruse the information provided under the relevant links, and take appropriate

action. This shall prevent hiccups, and minimize teething problems during the use of ETS.

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 end

i. Computer System with good configuration (Min PIV, 1 GB RAM, Windows XP)

ii. Broadband connectivity

iii. Microsoft Internet Explorer 6.0 or above

iv. Digital Certificate(s)

13. Training Program

13.1 One day training (10:00 to 17:00) shall 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 days

Venue BSNL Corporate Office,

Bharat Sanchar Bhawan,

Janpath, New Delhi – 110001

Training Charges

(Per Participant)

Rs. 2,500/-

(plus Service Tax as applicable)

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SECTION-5 PART A

GENERAL (COMMERCIAL) CONDITIONS OF CONTRACT

1. APPLICATION

The general condition shall apply in contracts made by the purchaser for the procurement of

goods.

2. STANDARDS

The goods/services supplied under this contract shall conform to the standards prescribed in

the Technical Specifications mentioned in Section-3.

3. PATENT RIGHTS

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 or any part

thereof in Indian Telecom Network.

4. PERFORMANCE SECURITY (Performance Bank Guarantee PBG)

4.1 Successful bidder shall furnish performance security to BSNL for an amount equal to INR 5

Crore within 14 days from the date of issue of Advance Work Order by the Purchaser. The

validity of the Initial Performance Bank Guarantee shall be 6 years. Bidder shall renew the

Performance Bank Guarantee for every year till the contract.

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 form provided in „Section-7 (B)‟ of this Bid Document.

4.4 The performance security Bond shall be discharged by the Purchaser after completion of

the supplier‟s performance obligations as per terms & conditions of the tender.

5. INSPECTION AND TESTS

5.1 The Purchaser or its representative shall have the right to inspect and test the goods and

services as per prescribed test schedules for their conformity to the specifications.

5.2 Detailed functional testing and acceptance criterion is in Section 5-B of the tender

document.

6. DELIVERY of SERVICES AND DOCUMENTS

6.1 Delivery of the services and documents shall be made by the Bidder in accordance with

the terms specified by the purchaser in its schedule of requirements and special

conditions of contracts.

6.2 The delivery of the goods services and documents for various phases shall be completed

as per the timelines defined in Section -3 of the tender document.

6.3 The extension of delivery period against the purchase order, if any, shall 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.

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7. INCIDENTAL SERVICES

Intentionally left Blank

8. PAYMENT TERMS

8.1 Payment of specified percentage of the price as stated in clause 6 of Section -2 (Tender

Information) shall be made on delivery of services by the bidder. 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, E.D., Sales Tax, any

other Duties and Taxes, Freight/Packing Charges, Service Tax etc.

(b) Excise gate pass / invoice or equivalent document, if applicable.

Note :- If the supplier fails to furnish necessary supporting documents i.e. excise/Customs

invoices etc. in respect of the Duties/taxes which are CENVAT-able, the amount pertaining to

such Duties/Taxes shall be deducted from the payment due to the firm.

8.2 In those cases where supply of the equipments shortages/damages are intimated to

the supplier in writing, the appropriate payment shall be released only after the

cases are settled in accordance with the provision of the P.O.

8.3 Form C and also a certificate stating that the tendered item (stores) are meant for the

use of BSNL shall be provided by the purchaser on the request of the bidder as and

when asked for.

(ii) No payment shall be made for goods rejected at the site on testing.

8.4 The bidder has to give the mandate for receiving the payment costing Rs.5 lacs and above

electronically and the charges, if any, levied by bank has to be borne by the

bidder/contractor/supplier. The bidder company are required to give the following

information for this purpose :–

(i) Beneficiary Bank Name:

(ii) Beneficiary Branch Name:

(iii) IFSC Code of beneficiary Branch: (iv) Beneficiary account

No.

(v) Branch Serial No. (MICR No.) :

9. PRICES

9.1 Fee quoted for the services performed under the contract shall not be higher than the

fee quoted by the bidder in his bid.

9.2 Fee shall be as per the submitted bid form fixed at the time of issue of work order as per

taxes and statutory duties applicable as per the tender.

a. In case of reduction of taxes and other statutory duties during the contract period,

purchaser shall take the benefit of decrease in these taxes/duties for the services

performed from the date of enactment of revised duties/taxes.

b. In case of increase in duties/taxes during the contract period, the purchaser shall revise

the prices as per new duties/taxes for the services performed during the remaining

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contract period as per terms and conditions of the work order.

9.3 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.

9.4 Application of taxes and the tax payment responsibilities of both parties shall be based on

the Agreement signed with the successful bidder.

10. CHANGES IN PURCHASE ORDERS

10.1 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.

10.2 If any such change causes an increase or decrease in the cost 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.

11. SUBCONTRACTS

11.1 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.

12. DELAYS IN THE SUPPLIER‟S PERFORMANCE

12.1 Delivery of the Goods and performance of the services shall be made by the Supplier in

accordance with the time schedule specified by BSNL in its work order. In case the

supply/delivery of services is not completed in the stipulated delivery period, as indicated

in the Work Order, BSNL reserves the right either to short close /cancel this Work order

and/or recover liquidated damage charges. The cancellation/short closing of the order

shall be at the risk and responsibility of Bidder and BSNL reserves the right to purchase

balance unsupplied item at the risk and cost of the defaulting vendors.

12.2 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.

12.3 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:

(a) Promptly notify to the Purchaser in writing the fact of the delay, its likely duration and its

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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 13.2 Section-5A as per

provision given below :

(b) The vendor has to submit their request for extension along with the undertaking as per

clause 21 Section-5A (Fall Clause). Liquidated damages shall apply.

(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 in

appendix.

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.

12.4 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.

13. LIQUIDATED DAMAGES

13.1 The date of delivery of the stores/services stipulated in the tender shall be deemed to be

the essence of the contract and delivery must be completed no later than the dates

specified therein. Extension shall not be given except in exceptional circumstances. Shall,

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 shall

not deprive the purchaser of his right to recover liquidated damage under clause 13.2

below.

13.2 If the Bidder fails to deliver the store and services or any part thereof within the period

prescribed and agreed for delivery of services during various phases as defined in Section-

2 & Section 3 of the tender document, the BSNL without prejudice to other remedies

available to the BSNL shall be entitled to recover, as agreed liquidated damages for

breach of contract, a sum equivalent to INR 20 Lakh for each week of delay or part

thereof for a period up to 10 (TEN) weeks, and thereafter at the rate of INR 30 Lakh for

another TEN weeks of delay.

13.3 DP extension beyond 20 weeks shall 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.

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13.4 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.

13.5 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 preferable to arbitration.

13.6 The total value of the liquidated damages as per above sub-clauses shall be limited to a

maximum of INR 5 Crore.

14. DISENGAGEMENT SERVICES

14.1 Duration of contract period shall be Five (5) years from the date of commissioning of

system. BSNL shall be at its liberty to extend the contract further at negotiated terms and

conditions including commercials.

i) The terms and conditions of the contract shall come into effect from the date of award of

work, and shall remain valid up to a period of Seven (5) years plus the implementation

period. All the clauses of the contract shall come into effect from the date of award of

work, unless otherwise specified.

ii) All software licenses shall be in the name of Bidder. Certified and licensed copies in the

name of BSNL of the application software, RDBMS and any other software required as

applicable with back up copy shall be supplied.

iii) All software licenses shall be on perpetual basis and software licenses and other assets will

be transferred to BSNL at the end of the term of this contract.

iv) The Bidder will assist BSNL in the development of a Disengagement Assistance Plan for the

transition of the services from Bidder to BSNL and/or its sub-contractor(s) describing

services that Bidder will provide as part of such transition out (Disengagement Services).

v) Such Disengagement Services will include asset transfer, resources planning and other

planning necessary to effect the transition.

vi) During the Disengagement Period, Bidder shall do all things reasonably necessary and as

reasonably requested by BSNL to facilitate the continued operation without significant

interruption.

vii) If Bidder terminates the contract unilaterally before the term of the contract, all assets

related to this tender will be surrendered to BSNL by the bidder.

viii) In case of termination on the initiation of BSNL before the lock in period expires, all assets

shall be transferred to BSNL based on mutually agreed commercials taking into

consideration but not limited to the following such as balance duration of contract,

depreciation etc.

ix) At the end of contracts period, all software licenses shall be transferred to BSNL at the cost

of Rs. 1000.

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x) No penalty / damages / compensation shall be payable by either party before expiry of

agreement period, if exit is made under the following circumstances:

a) the order of any Government (Central/State) or any statutory body

b) in Force Majeure event.

14.2 Extension of agreement beyond five years which shall be at mutually negotiated terms and

conditions, and the MSP must intimate BSNL in writing before expiry of fifth of contract

about its intention regarding continuation of agreement beyond five years.

15. FORCE MAJEURE

15.1 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. 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.

16. TERMINATION FOR DEFAULT

16.1 The Purchaser may, without prejudice to any other remedy for breach of contract, by

written notice of default, sent to the supplier, terminate this contract in whole or in

part.

(a) if the supplier fails to deliver 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

clause12;

(b) if the supplier fails to perform any other obligation(s) under the Contract;

and

(c) if the supplier, in either of the above circumstances, does not remedy his failure within a

period of 30 days (or such longer period as the purchaser may authorize in writing)

after receipt of the default notice from the purchaser.

16.2 In the event the purchaser terminates the contract in whole or in part pursuant to

para 15.1 the purchaser may procure, upon such terms and in such manner as it deems

appropriate, goods similar to those undelivered and the supplier shall be liable to the

Purchaser for any excess cost for such similar goods. However the supplier shall

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continue the performance of the contract to the extent not terminated.

17. TERMINATION FOR INSOLVENCY

17.1 The Purchaser may at any time terminate the Contract by giving written notice to the

Supplier, without compensation to the supplier. If the supplier becomes bankrupt or

otherwise insolvent as declared by the competent court provided that such termination

shall not prejudice or affect any right of action or remedy which has accrued or shall

accrue thereafter to the purchaser.

18. ARBITRATION

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

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

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

CMD, BSNL 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 unshalling 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 shall be in accordance with the Arbitration and Conciliation Act

1996. There shall 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.

18.2 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.

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

such other places as the arbitrator may decide.

19. SET OFF

19.1 Any sum of money due and payable to the supplier (including security deposit

refundable 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.

20. INTIMATION OF SUPPLY STATUS

20.1 The bidders, who are given Purchase Orders, must give the details of the supplies made

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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 (Corporate Office).

21. DETAILS OF THE PRODUCT

21.1 The bidder shall furnish the name of his collaborator (if applicable), brand name, model no.

and type of the products offered in this tender. The technical literatures of the products shall

also be submitted. No change in either technology or product shall be permitted after

opening of bids.

22. COURT JURISDICTION

22.1 Any dispute arising out of the tender/ bid document/ evaluation of bids/ issue of APO

shall be subject to the jurisdiction of the competent court at the place from where the

NIT/ tender has been issued.

22.2 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.

„This Contract/PO is subject to jurisdiction of Court at New Delhi only”

****

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SECTION – 5 PART-B

SPECIAL CONDITIONS OF CONTRACT

1. INTRODUCTION

The Special Conditions of the Contract shall supplement the „Detailed Notice

Inviting Tender‟ as contained in Section-1, `General Instructions to the

Bidders‟ as contained in Section-4 Part A, "General Commercial Conditions of

the Contract" as contained in Section-5 Part A. Wherever there is a conflict,

the provisions herein shall prevail over those in Section-1, Section-4 Part A

and Section-5 Part A.

2. Functional Testing:

2.1 Office of CGM IT Project Circle Pune shall be overall in-charge from BSNL side

for all type of functional testing process including User Acceptance Testing.

2.2 Bidder shall detail the testing methodology employed by the Bidder and its

conformance to quality and industry standards.

2.3 Bidder shall submit and agree with BSNL, the test plans and approval process

before testing of the system commence.

2.4 All Unit Test, Sub-system Test (each module test), and System Test for the

Solution shall be managed and performed by the Bidder

2.5 System Integration, Performance, and Acceptance Testing for the Solution

shall be managed and performed and / or coordinated by the Bidder.

2.6 Bidder shall have the following testing responsibilities for all test phases:

a. Create the test environments which meet the specifications of the test

plans

b. Ensure that sufficient test data is populated in the test database(s)

c. Provide adequate technical and other staff dedicated to testing support

and problem resolution while testing activities are in progress

d. Support the operation of the test system and deliver system output to

BSNL as requested

e. Prepare and submit test plans and procedures that shall include all of

the various tests required for the implementation of the proposed

architecture

f. Execute test cases

g. Manage and resolve defects

h. Provide test reports

2.7 Written confirmation of the results of each test phase including a

recommendation to proceed shall be provided by the Bidder to BSNL for its

consideration and concurrence where needed / applicable.

3. Support Certificate:

3.1 Bidder shall submit support certificate from each of the OEM partners of

software & Hardware like Server hardware, Storage & Networking items etc.

indicating direct support of its respective products supplied to bidder and

BSNL for a period of 6 years from the date of commissioning of Phase-I, as

per format in section 7 (G) of the tender document.

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4. Teaming Agreement:

4.1 The bidder shall have Teaming agreement with OEM partners Customer

Acquisition & Customer Experience Management system & hardware OEMs, to

ensure that respective product support for implementation, operations,

maintenance, spares and upgrades is available to BSNL for a minimum period

of 6 years from the date of commissioning of phase-I. The copies of the actual

Teaming Agreement between the bidder and each of the partner companies

shall have to be submitted along with the Technical bid. All such agreements

shall be signed by the respective authorized signatories of the concerned

companies. Format of teaming agreement is at section 7 (H)of the tender

document.

5. TENDER EVALUATION:

3.1 Tender evaluation process as per Clause 4 of Section 4 Part B.

6. Phases & Delivery Time Frames: :

6.1 Phases and delivery time frames are detailed in Clause 5 of Section 2 of the

tender document.

7. Pricing & Fee:

Note:-

a. The bid shall be submitted in the format prescribed in the tender. The

Bid price form templates shall NOT be modified, and no other templates

shall be used.

b. Fee to be paid to bidder shall be quoted by the bidder as defined in

Clause ___ of this section.

c. BSNL shall make payments in INR.

d. All offered solution by the Bidder along with Upgrades, updates and

technology refresh shall be made available for BSNL throughout the

Contract period in the finalized fee payable to bidder.

e. Bidder shall submit a detailed SLA report on the parameters (as

described in section 5 Part C of the tender) on which BSNL shall make

payments as per the payment schedule stated in the purchase order.

Upon, Bidder submitting the report, BSNL shall make payments after

deductions of any penalties applicable for not meeting the SLA‟s and

other deductions as stated in the tender such as Collocation &

associated charges, charges for seating space provided, electricity

charges at cost etc.

f. Bidder shall raise a CENVATABLE invoice on BSNL periodically for its fee

along with applicable service tax.

7.1 Payment method is detailed at Clause 6 of Section 2 of the tender document.

8. Implementation Services:

8.1 Bidder shall be responsible for hardware acquisition, installation and

maintenance for the Solution. Bidder shall provide software and hardware

installation and configuration for the Solution. System implementation includes

System Integration, User Acceptance, Training, Pre-production and Production.

8.2 Bidder shall provide detailed documentation describing the Solution including

software and hardware addressing sizing, performance and redundancy

requirements.

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8.3 Bidder shall be responsible for storage management (allocation, backups,

restores, archiving).

8.4 Bidder shall develop training material and recommend the training rollout

strategy & Deliver train-the-trainer sessions to BSNL.

8.5 Bidder shall propose a project management methodology that shall cover all

management, administration and necessary facilities for performing the scope of

work.

8.6 The Bidder shall take ownership for all project management responsibilities to

manage the delivery obligations as per tender. The Bidder shall describe the

approach used for delivery of projects including describing the Bidders

responsibilities. Bidder shall describe the methods and tools to manage risks

and issues in the project.

8.7 The Bidder shall include in this response, planning relating to the human

resources to be allocated to the project. Proposed changes in Bidders‟ key

personnel shall be communicated in advance.

8.8 Bidder shall always ensure sufficient numbers of suitably qualified people and

the necessary tools and aids to carry out the agreed task. Bidder shall

continually evaluate the requirement for capacity and competence in relation to

planned activities and deliverables on part of the bidder.

9. Managed Operation:

9.1 Broad outline of the various management scope of the bidder shall be as below:

9.1.1 Application Management

9.1.1.1 Overall Administration and operations Management

9.1.1.2 Administration and monitoring compliance against SLAs

9.1.1.3 Coordinating and overseeing daily activities

9.1.1.4 Production Job Scheduling

9.1.1.5 Production Monitoring

9.1.1.6 Application Currency Management

9.1.1.7 Application Design/Build Services

9.1.1.8 Enhancements

9.1.1.9 Release Control

9.1.1.10 Interface Management

9.1.1.11 Application Maintenance

9.1.2 System Management

9.1.2.1 Hardware Management

9.1.2.2 Performance Tuning

9.1.2.3 Maintenance services

9.1.2.4 Database Management

9.1.2.5 Disk Storage Management

9.1.2.6 Disaster Recovery

9.1.2.7 Backup/Restore Management

9.1.2.8 Security Management

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9.1.3 Managing support services for the Solution

9.1.3.1 Incident Management

9.1.3.2 Problem Management

9.1.3.3 Levels 1 and 2 Support

9.1.3.4 Level 3 Support

10. CHANGE MANAGEMENT:

10.1 Bidder shall describe in detail the Change Management Methodology (CMG) to

be implemented by the Bidder. The Bidder is required to put in place CR and

Version management processes and necessary resources to team up with BSNL

to achieve the successful implementation and operability of the change, as a

single change or as a whole version.

10.2 Change Management shall be classified into following categories:

10.2.1 Functional improvement. An improvement in the way an information system

operates. End user change requests for functional improvements are typically to

correct a misalignment between how an information system supports their work

and the supporting business processes. Bidder and IT initiated functional

improvements usually focus on functional improvements related to technology.

10.2.2 Additional capacity: More of a specific resource, such as shared disk space,

capacity management etc.

10.2.3 Additional services: Additional required features.

10.2.4 Technical fixes: Initiated to correct deficiencies or inefficiencies in products,

systems, subsystems and components. A technical fix from an end users point

of view falls under the purview of problem and incident management. Examples

of technical fixes include improved shell scripts, patches, maintenance releases,

etc.

10.2.5 Enhancements: Added features, such as the latest version of an application,

improved user interface, additional functions, etc.

10.2.6 New requirements: Any system, subsystem or component needed to fulfill a

new requirement.

10.3 For each change request bidder shall:

a. Create functional requirement in per-defined format

b. Create a change control record

c. Provide an estimate of complexity, feasibility, and development time

d. Obtain BSNL agreement of the functional requirement

e. Perform Services as required to design, document, develop, configure, test

and implement the Change.

f. Monitor the progress and cost of the changes

g. Regularly review all new CRs and allocate for further analysis

h. Requirement for new task/ enhancement identified and documented.

i. Forward to Change Control Board (CCB) for prioritization and approval

j. Where estimations or impact on timescales exceeds pre-defined limit, refer to

Change Control Board for approval.

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k. The CCB shall also determine the release propagation path for the CRs

developed. A review of the impact of these changes taking place at the core

functionality will be conducted

l. CCB shall give priority to particularly urgent changes that need to be „fast-

tracked‟

m. Identify deliverables involved, estimate time, cost etc

n. Approve CR or reject or put on hold.

o. Where approved, identify resource(s) responsible for producing deliverable(s),

sign-off resource(s) and due date for each deliverable

10.4 Bidder shall make all changes in accordance with Change Control procedures

approved by BSNL (ITPC) and providing information regarding any changes

performed without proper authorization or contrary to Change Management

policies and procedures.

10.5 The Bidder shall follow the release management process so that any change to

the Solution is controlled, tested, traceable, authorized, and implemented in a

structured manner. Provide proper testing and test results for all Releases going

into the managed environments.

10.6 Provide support for a period of time directly after the deployment of a new or

changed component to include a review the KPIs, monitoring Thresholds, and

provision of additional resources for Incident and Problem Management.

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SECTION 5 PART C

SERVICE LEVEL MANAGEMENT

1. General

1.1. Bidder shall establish and deliver Service Level Agreements (SLAs) /

performance reporting between its Managed IT service organization and BSNL.

1.2. The methodology set out shall support the Service Level Management cycle of

agreeing, monitoring, reporting, and improving the delivery of the Services to

BSNL.

2. Service Level Framework

2.1. Service Level performance shall be measured and reported by bidder over a

stated period of time.

2.2. If, after the implementation of the Measurement Methodology for a Service

Level, Bidder desires to change the Measurement Methodology for such

Service Level, then Bidder must give ninety (90) days‟ notice to BSNL and

demonstrate and explain to BSNL‟s reasonable satisfaction the nature, equity,

and appropriateness of such proposed change(s) to such Measurement

Methodology.

2.3. Proposed changes must be fully documented and such proposed changes shall

not result in an increase in the charges payable to the Bidder.

2.4. Six (6) months following the Service Level Effective Date, and every twelve

(12) months thereafter, BSNL in consultation with Bidder shall review the

Measurement Methodologies for existing Service Levels and assess whether

any changes in the Measurement Methodologies for the existing Service

Levels are required to collect and accurately reflect Bidder performance and

related data prospectively, for those existing Service Levels.

2.5. Detailed performance information used to calculate each Service Level will be

maintained by Bidder for up to three months, summary or aggregate data will

be maintained indefinitely.

2.6. Bidder shall provide, or provide access to, such performance information to

allow BSNL to verify the accuracy of reported Service Level measurements.

3. Reporting

3.1. Bidder shall provide to BSNL, as part of Bidder‟s monthly performance reports,

a set of reports to verify Bidder's performance and compliance with the

Service Levels and Critical Deliverables, in a form and structure acceptable to

BSNL.

3.2. Bidder shall provide detailed supporting information for each Service Level

performance report to BSNL, in a form and structure acceptable to BSNL.

3.3. BSNL may access such information online, where technically feasible

3.4. No post-reporting adjustment shall be made to any Service Level performance

data or supporting information without BSNL‟s approval

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3.5. Bidder shall maintain a log of all such Service Level change requests, including

the nature of the Service Level change, BSNL approval/approver, and Service

Level change date.

3.6. Bidder shall investigate and correct all Critical Priority Incidents and Problems,

regardless of whether or not such Incidents and Problems constitute Service

Level Defaults

4. Exceptions

4.1. 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 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 calculating 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 applicable Critical Service Levels for the first

7 Days post full implementation.

c. Due to network, 3rd party applications not supplied by Bidder

5. Hours of Support

5.1. The Systems are supported 24x7x365 with the exception of agreed to

maintenance windows.

6. Maintenance windows

6.1. 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 12am - 5am

7. Degradation in Performance, Faults, Resolution Time and Penalties

7.1. During the term of the contract period, the entire system shall support the

performance parameters and percentage availability as defined in tender

document. In case there is degradation in performance or percentage non-

availability is higher than specified or delay in restoration of faults beyond the

prescribed limits, it will result in Penalties.

7.2. Penalties will be imposed based on three parameters:

(a) Availability related SLA breach:-

1. Complete non-availability of a sub-system (Hardware/ Software).

2. Partial availability of a sub-system.

(b) Non-compliance to the performance related SLA.

(c) Delays in resolving incidents reported by BSNL through dockets.

7.3. In case a sub-system is completely non-available then the severity level shall

be defined as per the system non-availability calculated over a period of one

month.

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7.4. In case a sub-system is partially unavailable then penalties in such cases shall

be imposed as indicated below:

a. In case a sub-system is partially available, then the severity level A

shall be taken in the incident management process. The partial

unavailability shall be recorded through docket in the system and the

parameters like customers affected etc, shall also be recorded in the

docket in the severity A in the incident management process.

b. Parameters, which are directly related to subscribers.

7.5. Delay will be counted in steps of one hour where applicable. More than half

hour of delay will be treated as one hour delay.

7.6. In case of any fault, not mentioned in the table below, affects the functionality

of the Data Center in any way shall be treated as per the severity level

defined by the Governance mechanism along with the resolution time.

7.7. The time for restoration of fault will be counted from the time of reporting to

the help desk and obtaining the fault ticket number from them.

8. System Level SLA - System Availability and System Performance

Parameters

System availability Metric (Uptime) Penalty Code (A/B/C)

UPS 100% A

Application 99.5 % A

Hardware 99.9% A

Disaster Recovery Solution 99.9% A

Storage SAN Solution 99.9 % A

Tape library 99 % B

Other items 97 % C

8.1. The Uptime in % would be measured as detailed below:

{[(Actual Uptime + Scheduled Downtime) / (Scheduled Hours] x 100}

8.2. "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.

8.3. Scheduled Downtime" means the aggregate number of hours in any month

during which each Machine / application, is down during Scheduled Hours, due

to preventive maintenance, scheduled outages, However for any scheduled

and planned outages, the Bidder will take prior approval from BSNL.

8.4. "Scheduled Hours" means the measurement period in a 24 x 7 manner i.e.

equivalent number of hours in month excluding the scheduled downtime

associated.

8.5. It is expected that Systems/ sub-systems for which the availability is 99%

shall not be down for more than 12 hours in a month.

8.6. Systems/ sub-systems for which the availability is 98% shall not be down for

more than 24 hours in a month.

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8.7. Systems/ sub-systems for which the availability is 95% shall not be down for

more than 48 hours in a month.

8.8. The desired system availability over a defined period shall be ensured.

Scheduled backup and other recovery functions must be clearly identified by

the Bidder with business impact explanations enclosure.

8.9. In case a sub-system is completely non-available then the severity level shall

be defined as per the system non-availability calculated over a period of one

month. The penalties in such cases shall be imposed as indicated below:

Performance

requirement

Range of non-

availability

Penalty

Metric Uptime -

100%

availability and

99.9%

availability

a. 99% to 100% in

steps of 0.1%

Penalty based on the Penalty code as

per the above table corresponding to

system applied for each 0.1%

degradation.

b. Less than 99% 1.5 times the Penalty based on the

Penalty code corresponding to the

system shall be applied per each step of

0.1% degradation. This will be

calculated incrementally after penalty

for point (a) above is calculated.

Metric Uptime –

99.5%

availability

a. 99.5% to 98% in

steps of 0.1%

Penalty based on the Penalty code as

per the above table corresponding to

system applied for each 0.1%

degradation.

b. Less than 98% 1.5 times the Penalty based on the

Penalty code corresponding to the

system shall be applied per each step of

0.1% degradation. This will be

calculated incrementally after penalty

for point (a) above is calculated.

Metric Uptime -

99% availability

a. 99% to 97% in steps

of 0.1%

Penalty based on the Penalty code as

per the above table corresponding to

system applied for each 0.1%

degradation.

b. Less than 97% 1.5 times the Penalty based on the

Penalty code corresponding to the

system shall be applied per each step of

0.1% degradation. This will be

calculated incrementally after penalty

for point (a) above is calculated.

Metric Uptime <

97% availability

a. 97% to 94% in steps

of 0.1%

Penalty based on the Penalty code as

per the above table corresponding to

system applied for each 0.1%

degradation.

b. Less than 94% 1.5 times the Penalty based on the

Penalty code corresponding to the

system shall be applied per each step of

0.1% degradation. This will be

calculated incrementally after penalty

for point (a) above is calculated.

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9. Incident Management - Hardware and Software Defect related Priority

Levels:

9.1. Priority 1 / Critical / Serious / Outage: Critical business impact

/Application / Infrastructure inoperable, making it unable to use the program

resulting in a critical impact on operations. No workaround is available. This

condition requires immediate resolution. Issue has crippling effect on the

customer‟s business that will be classified as Priority 1 will be

(a) Critical system crash or completely disrupt service

(b) Significant performance degradation

(c) Security violation

(d) A main system function supporting a business critical process has

failed, and the System functionality is limited such that critical

business processes are paralyzed

(e) System crashes repeatedly under normal use

(f) System hangs (stuck) - System not operative, or there is unreasonable wait times for resources or response as if the System is hanging

9.2. Priority 2 / Major / Substantial: Significant business impact, this indicates

the program is usable but more effort and time are required from customer to

accomplish the process. Application / Infrastructure usable but

malfunctioning. Workaround available. Issues classified as Priority 2 are

(a) Severe operational error

(b) Some performance degradation

(c) Loss of functionality with existing workaround

(d) The System is impaired, however the System is operative with a non-critical malfunction

9.3. Priority 3 / Minor: Direct BSNL-impacting issues where greater than 10% of

CSRs or end users are being commercially hindered from completing tasks,

sales or service processes required for day to day operations where a

reasonable workaround is not available. Application / Infrastructure usable but

is not performing to specification. There is little or no business impact. The

System is operative with limitation on minor functions

ACKNOWLEDGEMENT

THAT DEFECT WAS

RAISED

RESTORATION FIX

(WITH

WORKAROUND)

DELIVERY

MECHANISM

Priority

1

Two hours from the

time defect was logged

One business day for

80% of the problems,

100% within 3 elapsed

working days. Penalty

Code A shall be used for

this category

Hot fix on an

exceptional basis

Priority

2

Four hours from the

time defect was logged

Three business days for

80% of the problems,

100% within 5 elapsed

working days. Penalty

Code B shall be used for

this category

Scheduled Release or

Hot fix on an

exceptional basis

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Priority

3

One business day from

the time defect was

logged

Five business days for

40% of the problems

Seven business days for

60% of the problems

Penalty Code B shall be

used for this category

Hot fix or part of

Scheduled Release

10. Service Level SLA – Performance:

11. Penalties

11.1. The penalties mentioned are applicable for two categories namely System

Availability and Hardware / Software Defect priority levels as mentioned in

section 9 and section 10 of this section

Penalty Code / Severity

“A”

1. 0.2% of the payable service charge for every 0.1%

drop in availability

2. 0.2% of the payable service charge for every 1% drop

in performance level.

3. 0.2% of payable service charge for every 4 hr delay in

incident resolution beyond agreed duration

Penalty Code “B” 1. 0.15 % of the payable service charge for every 0.1%

drop in availability

2. 0.15% of the payable service charge for every 1%

drop in performance level

3. 0.15% of the payable service charge for every 4 hr

delay in incident resolution beyond agreed duration

Penalty Code “C” 1. 0.1% of the payable service charge for every 0.1%

drop in availability

2. 0.1% of the payable service charge for every 1% drop

in performance level

3. 0.1% of the payable service charge for every 4 hr

delay in incident resolution beyond agreed duration

12. Service Charge and Service Level Penalties

12.1. The three broad parameters for measurements in service level framework &

their weightage are below:

a. Availability-5% of the payable monthly services charge

b. Performance-5% of the payable monthly services charge

c. Incident Management-2% of the payable monthly services charge

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12.2. The ceiling on the penalties shall be 12% of the payable monthly service

charge (

13. Penalty Calculation Performance SLA Example:-

13.1. Certain SLA requirement demands an SLA of 180 seconds

13.2. Penalty code defined for such SLA is A, which means 0.2% of the weighted

service charge for every 1% drop in performance level.

13.3. Now, lets assume that the average time for reconnection has increased to 190

sec , which is 10/180% = 6% drop , which in turn means that 0.2x6=1.2% of

net payable service charge shall be levied as the penalty corresponding to

this SLA.

13.4. Likewise there are 20 performance metrics against which the penalty shall be

calculated to find the aggregate penalty for performance SLA.

14. Penalty Calculation example for Availability SLA:-

14.1 Certain SLA requirement demand is 99.5%.

14.2 Penalty code defined for this SLA is B, which means 0.15% of the weighted

service charge for every 0.1% degradation in availability level.

14.3 Now lets assume that data center router uptime for the month was 99%

which means 0.5% degradation from the expected level of 99.5%

14.4 This translates to 0.15% x 5 = 0.75% of weighted service charge for

availability which is Rs 48 for this month.

14.5 Hence penalty of 0.75% of the net payable service charge shall be levied for

this item.

14.6 Similarly penalty for other items in the availability matrix shall be calculated.

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SECTION-6

UNDERTAKING & DECLARATION

6(A) - For understanding the terms & condition of Tender & Spec. 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 work at the rates quoted by us in the

tender form.

2. If I/ We fail to enter into the agreement & commence the work in time,

the EMD/ SD deposited by us will stand forfeited to the BSNL.

b) The tenderer 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/ Bill amount pending with BSNL. In addition, BSNL may

debar the contractor from participation in its future tenders.

Date: …………… …………………………………

Signature of Tenderer

Place: …………… Name of Tenderer ……………………………….

Along with date & Seal

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6 (B) – NEAR-RELATIONSHIP CERTIFICATE:

(Format of the Certificate to be given as per the clause 34.4 of Section-4 Part-A by

the bidder in respect of status of employment of his/ her near relation in BSNL)

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."

Signature of the tenderer

With date and seal

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SECTION- 7

PROFORMAS

7(A) For the BIDSECURITY/ EMD Guarantee

(To be typed on Rs.100/- non-judicial stamp paper)

Whereas M/s …………………………… R/o ……………… …………

……………………………………… (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

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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 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 Number ……………………………..

Fax number………………………………

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Section- 7(B)

For the Performance Guarantee

(To be typed on Rs.100/- non-judicial stamp paper)

Dated:……………..

Sub: Performance guarantee.

Whereas DGM (MM) BSNL CO, Delhi R/o …………………………..…………

…………………..(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.

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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 Number ……………………………..

Fax number………………………………

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SECTION 7 (C)

Letter of authorization for attending Tender Opening Event

[On the letterhead of the Bidder company]

(To reach AGM (MM) before Bid Opening Date)

To

The AGM (MM),

BSNL Corporate Office,

Bharat Sanchar Bhawan, HC Mathur lane, Janpath

New Delhi 110 001

Subject : Authorization for attending bid opening –TOE on

________________________________(date) in the Tender of

_________________________________________________________.

Dear Sir,

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 Name Specimen

Signatures

I.

II.

Alternate Representative

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 the TOE . 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.

2. Permission for entry to the hall where bids are opened, may be refused in case authorization as

prescribed above is not received by BSNL prior to the Bid Opening Date.

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SECTION-7(D)

INTEGRITY PACT

Between

Bharat Sanchar Nigam Limited (BSNL) / hereinafter referred to as “The Principal”

and

………………………………..hereinafter referred to as “The Bidder/Contractor”

Preamble

The Principal intends to award, under laid down organizational procedures, contract/s

for -------------------------------------------. 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 and Contractor/s.

In order to achieve these goals, the Principal will appoint an Independent External

Monitor who will monitor the tender process and the execution of the contract for

compliance with the principles mentioned above.

Section 1 – Commitments of the Principal

(1) The Principal commits itself to take all measures necessary to prevent

corruption and to observe the following principles:-

(a) 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.

(b) 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.

(c) The Principal will exclude from the process all known prejudiced

persons.

(2) 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

Vigilance Office and in addition can initiate disciplinary actions.

Section 2 – Commitments of the Bidder(s)/Contractor(s)

(1) The Bidder(s)/Contractor(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.

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(a) Thee Bidder(s)/Contractor(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.

(b) The Bidder(s)/Contractor(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 cartelisation in

the bidding process.

(c) The Bidder(s)/Contractor(s) will not commit any offence under the

relevant 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.

(d) The Bidder(s)/Contractor(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.

(2) The Bidder(s)/Contractor(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 contracts

(1) If the Bidder(s)/Contractor(s), before contract award or during execution 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 Damages

(1) If the Principal has disqualified the Bidder(s) from the tender process prior to

the award according to Section 3, the Principal is entitled to demand and

recover the damages equivalent to Earnest Money Deposit / Bid Security.

(2) If the Principal has terminated the contract according to 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 Security Deposit / Performance Bank Guarantee in

addition to any other penalties/ recoveries as per terms and conditions of the

tender.

Section 5 – Previous transgression

(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

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approach or with any other Public Sector Enterprise in India that could justify

his exclusion from the tender process.

(2) If the Bidder makes incorrect statement on this subject, 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/Contractors/Subcontractors

(1) The principal will enter into agreements with identical conditions as this one

with all Bidders/Contractors.

(2) The Bidder(s)/Contractor(s) undertake(s) to demand from all subcontractors a

commitment in conformity with this Integrity Pact.

(3) The Principal will disqualify from the tender process all bidders who do not sign

this Pact or violate its provisions.

Section 7–Criminal charges against violating

Bidder(s)/Contractor(s)/Subcontractor(s)

(1) If the Principal obtains knowledge of conduct of a Bidder, Contractor or

Subcontractor, or of an employee or a representative or an associate of a

Bidder, Contractor or Subcontractor, which constitutes corruption, or if the

Principal has substantive suspicion in this regard, the Principal will inform the

Corporate Vigilance Office.

Section 8 – External Independent Monitor/Monitors

(1) Principal appoints competent and credible Independent External Monitor for this

Pact. The task of the Monitor is to review independently and objectively,

whether and to what extent the parties comply with the obligations under this

agreement.

(2) The 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.

(3) The Bidder(s)/Contractor(s) accepts that the Monitor has the right to access

without restriction to all Project documentation of the Principal including that

provided by the Contractor. The Contractor will also grant the Monitor, upon his

request and demonstration of a valid interest, unrestricted and unconditional

access to his project documentation. The same is applicable to Subcontractors.

The Monitor is under contractual obligation to treat the information and

documents of the Bidder(s)/Contractor(s)/Subcontractor(s) with confidentiality.

(4) Notwithstanding anything contained in this Section, the Bidder(s)/Contractor(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)/Contractor(s)

shall not be required to provide any data relating to its other customers, or any

personnel or employee related date.

(5) The Principal will provide to the 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

Contractor. The parties offer to the Monitor the option to participate in such

meetings.

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(6) As soon as the Monitor notices, or believes to notice, a violation of this

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 monitor can in this regard submit non-binding recommendations.

Beyond this, the Monitor has no right to demand from the parties that they act

in a specific manner, refrain from action or tolerate action.

(7) The 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, shall the occasion arise, submit proposals for correcting

problematic situations.

(8) If the Monitor has reported to the CMD of the BSNL, a substantiated suspicion

of an offence under relevant Anti-Corruption Laws of India, and the BSNL has

not, within reasonable time, taken visible action to proceed against such offence

or reported it to the Corporate Vigilance Office, the Monitor may also transmit

this information directly to the Central Vigilance Commissioner, Government of

India.

(9) The word „Monitor‟ would include both singular and plural.

Section 9 – Pact Duration

(1) This Pact begins when both parties have legally signed it. It expires for the

Contractor 12 months after the last payment under the contract, and for all

other Bidders 6 months after the contract has been awarded.

(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 pact as specified above, unless it is

discharged/determined by CMD, BSNL.

Section 10 – Other provisions

(1) This agreement is subject to Indian Law. 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.

(2) Changes and supplements as well as termination notices need to be made in

writing.

(3) If the Contractor is a partnership or a consortium, this agreement must be,

signed by all partners or consortium members.

(4) Shall one or several provisions of this agreement turn out to be invalid, the

remainder of this agreement remains valid. In this case, the parties will strive

to come to an agreement to their original intensions.

-------------------------------- -------------------------------

---

For the Principal For the Bidder/Contractor

Place…………………… Witness 1: ………………………………

Date …………………… Witness 2: ………………………………

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Section 7-(E)

Consortium Agreement

(On Rs. 100 Stamp Paper)

In compliance to Clause No.…..of Tender No. dated, a consortium has been

formed on <Date> between <Bidder’s Name> and various technology provider

OEMs to meet various eligibility conditions and experience criteria specified in the

Tender No___________, dated_______.

It has been agreed amongst bidder and all the consortium members 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” has been used interchangeably. It is

also confirmed that all the members of the said consortium meet the eligibility

conditions as specified in the above referred Tender and have authorized the “Lead

bidder” by way of duly executed power of attorney in his favour to act on their

behalf.

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 its technology/consortium partner shall be liable for due

performance of the contract jointly and severally, whereas the responsibility of

Consortium Partners other than lead bidder, shall be limited to such Consortium

Partner‟s 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 in

accordance with the tender requirements. Copies of all such agreements shall form

part of the consortium agreement.

The details of Bidder and various consortium partners 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 written

For <Bidder’s Name>

Signature of Authorized Signatory

Name:-

Designation:-

Contact Phone:-

Email-ID:-

Date:-

Witness-1

Signature:-

Name:-

Designation:-

Contact Phone:-

Email-ID:-

Date:-

Witness-1

Signature:-

Name:-

Designation:-

Contact Phone:-

Email-ID:-

Date:-

For<Consortium Partner-1>

Signature of Authorized Signatory

Name:-

Designation:-

Contact Phone:-

Email-ID:-

Date:-

Witness-1

Signature:-

Name:-

Designation:-

Contact Phone:-

Email-ID:-

Date:-

Witness-1

Signature:-

Name:-

Designation:-

Contact Phone:-

Email-ID:-

Date:-

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Section 7 (F)

DEED OF INDEMNITY

(On non-judicial stamp paper of appropriate value)

This DEED OF INDEMNITY is executed on this date ________‟13 , by

1. <<Name of the Bidder>>, a company registered under the Companies Act,

1956 and having its registered office at <<Address of the Bidder>> acting

through << Authorized Signatory>> is hereinafter, for the purposes of this

Deed of Indemnity, be collectively referred to as „__________ or „Bidder‟ is

authorized representative, authorized to execute this Deed of Indemnity on

behalf of the _________ or „Bidder‟.

TO AND IN FAVOUR OF

Bharat Sanchar Nigam Limited, through the General Manager MM BSNL Corporate

Office (hereinafter referred to as the Purchaser which expression shall unless

repugnant to the context or meaning thereof mean and be deemed to include its

authorized representatives and permitted assigns) On the Other Part.

WHEREAS

(a) The Purchaser had invited bids vide their Tender No …………………………………..

DATED ………………… (hereinafter referred to as „Tender‟) for the purpose of

Providing ______________ Service through Bidder on revenue share basis.

(b) The Bidder (Bidder) had submitted its proposal dated ___ (hereinafter

referred to as the „Bid‟) for the provision of such services in accordance

with its proposal as set out in its Bid and in accordance with the terms and

conditions of the Tender.

(c) The Tender Document requires the Bidder (Bidder) to indemnify the

Purchaser against all third party claims of infringement of patent,

trademark or industrial design rights arising from use of goods or any part

thereof in the mentioned work.

(d) The Bidder has in order to comply with the terms of the Tender agreed to

execute the Deed of Indemnity on such terms and conditions more fully

mentioned below.

NOW THIS DEED OF INDEMNITY WITNESSETH AS FOLLOWS:

1. The Bidder (Bidder) shall, in consideration of the Purchaser making payment

under and in accordance with the Tender Document, hereby agrees to

indemnify the Purchaser against any costs, loss, damages, and claims from

third parties or liabilities suffered by the Purchaser and directly arising out of

the following reasons:

a. Any illegal or unauthorized use (piracy) or in connection with any claim

or proceedings relating to any breach or violation of any

permission/license terms or infringement of any Intellectual Property

Rights by the Bidder (Bidder) or any sub-contractor during the course

of performance of the Services.

b. Any litigation arising out with the original software solution provider in

case of bundled software for which separate licenses would otherwise

have been required.

c. The Bidder (Bidder) shall protect, defend, indemnify and hold harmless

to BSNL and its employees, officers, Directors, agents or

representatives from and against any and all liabilities, damages, fines,

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penalties and cost (including legal costs and disbursements) arising

from:

I. Any breach of any statute, regulation, direction, orders or

standards from any governmental body, agency or regulator

issued with respect to the product/services being

supplied/provided under this Tender.

II. Any claim made by third parties arising out of the use of the

services of BSNL being provided using the equipment supplied

under the Tender to the extent these are attributable solely to

the poor quality or non-compliance of the products/services to

the respective specifications.

III. Any claims arising from the customers or other service providers

in connection with interruptions or degradation of Services due

to non-availability of services beyond the stipulated time frame

as contained in AMC and solely attributable to the bidder of the

product and services under this Tender.

IV. Any claim that the equipment/ services or any value addition

component offered and supplied by the bidder in this Tender,

infringe any patent, trademarks or copyrights of any third party.

2. This Deed of Indemnity shall stand terminated on expiry of or early

termination of the contract period as envisaged in the above said Tender

requirement.

3. The Deed of Indemnity shall constitute the entire indemnity provided by the

Bidder (Bidder) for the indemnities asked in this Tender.

4. This Deed of Indemnity shall be governed by and construed in accordance

with Indian law.

(Authorized Signatory)

Date:

Place:

<< Name of the Bidder>>

Witness 1:

Witness 2:

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SECTION-7 (G)

Support Certificate

(To be given by all OEMs)

To

The _______________ (Tendering Authority)

___________Telecom Circle/ District

________________(Address 1)

________________(Address 2)

Subject: Support for Turnkey Implementation, Operation and maintenance.

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/ Version

1

2

3

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 Design,

Planning, Supply, Installation, customization, commissioning, integration with

other components of the project, migration, training, Operation and

maintenance for Ten years of above mentioned IT 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 operation, maintenance and upgrades are available as per terms

and conditions for the Term as mentioned in the Tender no ___________,

dated ________ from the date of commissioning.

4. Applications shall be supported on the given platform for the next 6 years with

effect from the commissioning of phase-I, and that upgrades shall be made

available on this platform for this period.

We also certify that the agreement in the above respect has already been signed with

the OEM.

___________________________________

Signature of Authorized signatory of Bidder

________________________________________________________

Signature of Authorized signatory of OEM/ Country Manager of OEM

Name

Designation

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SECTION-7 (H)

Teaming Agreement

Consituents of Teaming Agreement:

1. Bidder is required to sign separate teaming agreement with each partner

which is to be signed jointly by the authorized signatories of the Bidder and

the technology partner/ ISV. No specific format for teaming agreement is

proposed and it shall be SI‟s responsibility to word the teaming agreement.

2. Teaming agreement shall necessarily have Annexure -A and Annexure -B as

the integral part of the teaming agrement failing which the bid will be

rejected.

3. Responsibilities of software solution provider, which are to be incorporated in

the teaming agreement are provided under Annexure -B.

4. Clauses provided under Annexure -B shall be replaced by relevant clauses in

respect of Hardware, Networking and other Bidders in their respective

teaming agreements.

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Annexure-A

Bidder shall have following obligations:

1. Provide a complete turnkey implementation and assume responsibility for all

integration and implementation issues in order to deliver an operable system

as per the scope of work defined in tender no. _____________________

2. To host the hardware in data center and software required for all applications

enumerated in this tender.

3. Supply of all the software solutions as listed in the tender document along

with any other software required to run various sub-system of the data center

as per the design and architecture of the end to end solution.

4. Configuration, Customization & Dry run of proposed IT system as per the

business processes frozen.

5. Collection of Data from the various systems and its migration to the new IT

system.

6. Regular run & Start of Operation of the software system with data migrated

from existing system.

7. Establishment of Disaster recovery infrastructure at each Data Centre with

other Data Center forming the pair.

8. Data Centre Operation in association with BSNL officials posted at DC during

and after the commissioning of Data Center as per detail given in this tender

elsewhere.

9. Training to BSNL staff

10. Provide Support Service for the entire system of the DC.

11. Furnish detailed Statement of Work comprising following essentials:

i. Project Scope

ii. Phase wise :

(a) Responsibility matrix

(b) Breakup of work

(c) Deliverables

(d) Program Management Team

(e) Detailed Time lines

12. To ensure the completion of the entire implementation within the scheduled

time frame (phase wise) as mentioned in the tender fulfilling the entire tender

terms and conditions.

13. To ensure the system performance as per specification.

14. Design the System ensuring redundancy at all critical points to achieve set

system level performance.

15. Provide suitable flexibility in the system to cater to the evolving needs during

the operation phase.

16. Deployment of a strong operations team with relevant domain expertise

during the execution and operation.

17. Offer proven solution Architecture for all hardware and software component of

the project and provide strong local support

18. Bidder shall ensure availability of Subject Matter Expertise on site from SSP.

This is mandatory and Bidder shall commit adequate resources and skill sets

to ensure from the SSP for the project by a signed declaration detailing the

quality and quantum of SSP subject matter expertise with relation to skill sets

and experienced resource for the successful implementation ad operations of

the offered solution. This shall be made available for entire duration of the

tender (Term). The same shall be covered contractually.

19. Provide an overall Project Plan showing a timetable for the proposed phases.

A list of project phases will be provided, to include at least the following:

i. Functional Specification and Business Models Mapping

ii. Environment set-up

iii. Product Installation, Configuration

iv. Implementation GUI and Reference Tables

v. Training

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vi. Acceptance Tests (preparation & execution)

vii. Production/Rollover

20. Once the implementation starts following activities are to be taken care by the

Bidder along with the Software Solution Provider/ISV and / or its partners:

i. Interact with BSNL SMEs (Subject Matter Experts) to finalize the

requirements

ii. Capture the business process in designed templates

iii. Translate the business process into exact requirements

iv. Provide a gap register keeping in view the requirements and product

features

v. Offsite configuration and testing

vi. Ensure all captured requirements shall either exist in the code or will

be built in to the code

vii. Detail list of all modules required to be implemented

viii. Installation of the software at all the sites

ix. Provide all services related to installation, configuration and

customization of the software

x. Rules configuration

xi. Provide the audit and test plans including the production acceptance

testing criteria

xii. Conduct testing of the software including the unit and system testing

in the development environment

xiii. Provide all services related to re-configuration and customization

xiv. Provide training plan for BSNL staff inclusive of overview, Reporting,

System administration, etc

xv. Training of BSNL nominees at the development centers or any other

location as per details specified elsewhere.

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Annexure-B

Software Solution provider (SSP)/Independent Software Bidder (ISV) shall

have following obligations:

1. Bidder shall ensure that SSP provides the following deliverables for the

software solution offered in the bid. The agreement between SI and SSP shall

include the following, apart from other items:

2. Software solution provider shall have to give skill set requirements from its

own perspective and from SI‟s perspective.

3. Software solution provider shall clearly specify the parameters responsible for

performance.

4. Sizing has to be done exactly as per the software solution provider‟s

recommendation.

5. Software Solution Provider has to give a Certificate of Satisfaction with

respect to all the parameters concerning sizing and performance.

6.1 SSP shall train the BSNL Training team

6. Availability of Subject Matter Expertise on site from SSP. This is mandatory

and SSP shall commit adequate resources and skill sets to ensure successful

implementation ad operations of the offered solution.

A minimum number of SME expertise shall be made available for entire

implementation duration. The same shall be covered contractually.

7 Identified SMEs to be attached with respective SIs for the period of

delivery or up to an identified milestone.

8 Designated SSP representative shall be available for all Project steering

committee meetings.

7. Review of Statement of Work created by SI

8.1 SSP representative shall have to go through the functionalities highlighted in

the SOW and shall have to be a signatory along with the SI.

8.2 SSP shall have to authorize the customizations. SSP will have to provide a

guarantee that the Customizations being done would be supportable by

subsequent upgrades. In case of customizations that require touching the core

same would have to be pointed out to BSNL.

8.3 SSP shall have to accept the Interface details, giving consent to overall design

before Bidder can implement the same on the production environment

8. Training & Documentation on APIs available – SSP shall enable the SI to use

the API for plugging on customizations or interfaces to third party solution. In

case APIs need to be modified or new APIs need to be created to enable

customization/ interface the primary responsibility for this will be with the

SSP. The new APIs created/modified shall be supported by subsequent

upgrades.

9. SSP shall give an undertaking that the SLA applicable to their solution will be

supportable. SSP shall give undertaking that current version of the software

will be supported for the Term of the agreement as described in this Tender

excluding the contract implementation period, else if unsupported, the current

version will be upgraded to the latest version at no additional cost to BSNL

10. The SSP shall clearly define its policy of releasing major and minor version

each year. The implementation shall be based on a product configuration with

a clear product roadmap for next three years.

11. Shall deliver the following to the Bidder for finally delivering to BSNL:

11.1 Licensed copy of all SSP applications that are within the scope of

implementation by SI.

11.2 Licensed copy of development and runtime versions of the offered solution

and other products bundled with the application.

11.3 List and specifications of all available APIs in each version.

11.4 Installation Scripts for all SSP applications that are within the scope of

implementation by SI

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11.5 Product Specifications of all SSP applications that are within the scope of

implementation by SI.

11.6 User Manuals (hard & soft copy)

11.7 Functional Overview Manual

11.8 Operations Manuals

11.9 System Administration Manuals

11.10 Business process guide

11.11 Reporting reference guide

11.12 Screens reference guide

11.13 Training Brochure containing details of training programs to be offered (hard

& soft copy)

11.14 Training Kit for training of SI personnel

11.15 Hardware Specifications meeting the Sizing & SLA requirements

11.16 List of Third-Party Software supplied against this tender.

11.17 Benchmark Reports on Supported Platforms

11.18 Guaranteed response times for typical OLTP and batch transactions on various

configurations of the suggested hardware.

11.19 Product Road Map document

11.20 Warranty, Post Warranty, and Operational Support programs offered by SSP –

including commercial implications, SLA and availability of local support

facilities. This shall include problem resolution, application maintenance,

change requests, as well as policy for upgrades and updates

11.21 Before Commencing Project SI shall have to give an undertaking of having

received & understood the material mentioned above.

11.22 Along with the bid document, the bidder shall have to submit a certificate as

given at section 7 (G) with regard to professional service support from all the

OEM partners, duly signed by the authorized signatory of the bidder and the

authorized signatory/ Country Manager of the OEM.

11.23 The bidder shall furnish, along with the bid document, a Certificate from the

Application OEM with regard to hardware and storage sizing of the application

provided by the OEM.

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SECTION-8

Tenderer/ 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 Designation

1.

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

………………………………………………………………………………………………………………………………

…………………………………………

Place…………………. Signature of contractor

………………………

Date …………………. Name of Contractor

……………………………

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SECTION-9 Part - A

BID FORM

From To

…………………………….. Addl.GM (MM-Ent.), BSNL Corporate

Office

…………………………….. II Floor, Bharat Sanchar Bhawan,

…………………………….. HCM Lane, Janpath NewDelhi-1

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, the undersigned, offer to design, execute and complete the Works of

Telecom Convergent Billing & Customer Care System in conformity with the

said bidding documents.

4. We undertake, if our Bid is accepted, to complete the Works in accordance

with the above-named documents within the Time for Completion. We

guarantee that the Works will then conform to the Performance SLAs included

in this Tender.

5. We agree to abide by this Bid for a period of 180 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.

6. We understand that you are not bound to accept the lowest or any bid, you may

receive.

7. If our Bid is accepted, we will provide you with a performance guarantee from a

Scheduled Bank for a sum INR 5 Crore for the due performance of the contract.

8. 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 time-

lines specified in the tender.

9. 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…

Witness Name …………………………….. Name ……………………………..

Signature…………………………. In the capacity of

………………………….

Duly authorized to sign the bid for and on behalf of ..............................................

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SECTION 9 PART B

Bid Price Form (Price Schedule)

I/ We/ M/s………………………………………………………………………………seek

following fees for offering the applications and systems to BSNL:

1. Bidder Quote of Fee

NOTE: The fee quoted shall be on the aggregate volume of all LOB (Wireless, Wire-

line, Broadband, Enterprise). The fee shall include prices related to software license /

hardware / maintenance / deployment services / operational services as stated in the

scope of this tender

1.1 Subscriber Registration Management

Base Reference Volume

(per annum)

Fee (to be quoted in INR

up to two decimal places)

- Price Per Subscriber

on-boarded

Fee (expressed in words)

12 Million subscribers per

annum

1.2 Migration of e-CAF (Electronic CAF)

Base Reference Volume Fee (to be quoted in INR

up to two decimal places)

– Price per e-CAF

Fee (expressed in words)

75 Million e-CAF‟s 30% * Fee quoted in

clause 1.1 above

1.3 Scanning and Digitization Services

Base Reference Volume Fee (to be quoted in INR

up to two decimal places)

Price per CAF

Fee (in words)

25 million CAF to be

scanned and digitized

1.4 Subscriber Bill Presentment

Base Reference Volume

(per annum)

Fee (to be quoted in INR

up to four decimal places)

- Price Per CTN

Fee (expressed in words)

180 Million Bills per annum

1.5 Inbound/ Outbound Communications

Base Reference Volume

(per annum)

Fee (to be quoted in INR

up to four decimal places)

- Price Per Mile – Price

Fee (expressed in words)

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per 1000 inbound / out

bound communications

360 Million inbound /

outbound communication

Per annum

We have taken Note of the following:

1. * The fee shall be limited to four decimal points only. Any figure after

four decimal points shall be ignored for all purpose.

2. In case of variation between fee mentioned in figures & words, the fee

mentioned in words shall prevail.

We hereby confirm that the price quoted here fully reflect all our Statement

of Compliance (SOC) in the Functional SOC, Key Parameters of System

Design SOC, and Technical SOC, and all the quantities and bill of materials

for each item. Therefore, we assure that the System / Solutions /

Equipment would be operational without additional cost to BSNL as per

terms and conditions of the tender.

(Signature of Authorized Signatory)

Name…………………………………

Official Seal

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SECTION-10

Annexure 1-A

CLIENT CERTIFICATE

This is to certify that M/s …………………………… have executed Customer Acquisition &

Customer Communication management System for ………………………………… (Telecom

service provider name) and the below mentioned application(s) is live and running

since …………

Organization name (Telecom service provider

name)

Location and Address

Name, title of the authorized person of the

service provider

Number of Wireless/Wireline subscribers of

telecom provider covered by Customer

Acquisition & Customer Communication

management system executed by M/s

……………………….

Name of the Customer Acquisition System

Name of the Customer Communication

management system

Dated this ________________ day of ________________ 201_

(Signature of Telecom Service Provider authorized person with Name, Designation

and contact details

[Signature of Bidder authorized signatory] in the capacity of

(Designation)

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SECTION-10

Annexure II-A

Number of Telecom OPERATORS for QUOTED system

(To be provided by the ISV firm on its letterhead)

This is to certify that the below given are the list of Telecom operators worldwide

where the offered Customer Acquisition Management System and / or Customer

Communication Management System (generic, any version) of our firm M/s

………………………….. is in active production deployment serving the needs of the

telecom service provider as of date

Telecom Service

Provider name

Location and

Address

Name, title of the

contact person of

the service

provider (Please

provide phone

number if

available)

Customer

Acquisition

management

system and / or

Subscriber

Communication

management

system (Name

and version)

Dated this ________________ day of ________________ 201_

[Signature of ISV firm authorized signatory with Name, Designation and contact

details]

[Signature of Bidder authorized signatory] in the capacity of

(Designation)

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SECTION-10

Annexure II-B

Number of Telecom Operators where quoted Customer Acquisition Management System is in

active deployment

(To be provided by the ISV firm on its letterhead)

This is to certify that the below given are the list of Telecom operators worldwide

where the offered Customer Acquisition Management system (generic, any version)

of our firm M/s ………………………….. is in active production deployment serving the

needs of the telecom service provider as of date

Telecom Service

Provider name

Location and

Address

Name, title of

the contact

person of the

service

provider

(Please

provide phone

number if

available)

Customer

Acquisition

management

system

Application

(Name and

version)

Date of “go

Live”/

Production

Usage

Dated this ________________ day of ________________ 201_

[Signature of Customer Acquisition management system ISV firm authorized

signatory with Name, Designation and contact details]

[Signature of Bidder authorized signatory] in the capacity of

(Designation)

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SECTION-10

Annexure II-C

Maximum number of Subscribers on-boarded per day by a single active installation of the offered

CUSTOMER Acquisition management system in A TELECOMMUNICATION service provider

environment

(To be provided by the ISV firm on its letterhead)

This is to certify that the below given is the telecom service provider‟s name where

maximum number of subscribers on-boarded per day by a single active installation of

the offered Customer Acquisition management system of our firm M/s

………………………….., in a telecommunication service provider environment worldwide

Telecom Service

Provider name

Location and

Address

Name, title of

the contact

person of the

service

provider

(Please

provide phone

number if

available)

Customer

Acquisition

management

system

Application

(Name and

version)

No. of users

On-boarded

per day

Dated this ________________ day of ________________ 201_

[Signature of Customer Acquisition management system ISV firm authorized

signatory with Name, Designation and contact details]

[Signature of Bidder authorized signatory] in the capacity of

(Designation)

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SECTION-10

Annexure II-D

Maximum number of users supported by Subscriber Acquisition Management System

(To be provided by the ISV firm on its letterhead)

This is to certify that the below given is the telecom service provider‟s name where

maximum number of users supported by single active installation of the Customer

Acquisition management system of our firm M/s ………………………….., in a

telecommunication service provider environment worldwide

Telecom Service

Provider name

Location and

Address

Name, title of

the contact

person of the

service

provider

(Please

provide phone

number if

available)

Customer

Acquisition

management

system

Application

(Name and

version)

Maximum no.

of users

supported

Dated this ________________ day of ________________ 201_

[Signature of Customer Acquisition management system ISV firm authorized

signatory with Name, Designation and contact details]

[Signature of Bidder authorized signatory] in the capacity of

(Designation)

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SECTION-10

Annexure II-E

No. of Telecom Operators where Subscriber Communication Management System is in Active

Production

(To be provided by the ISV firm on its letterhead)

This is to certify that the below given are the list of Telecom clients worldwide that

the offered Subscriber communication management system (generic, any version) of

our firm M/s ………………………….. is in active production deployment serving the

subscriber communication needs of telecommunication service providers as of date

Telecom Service

Provider name

Location and

Address

Name, title of

the contact

person of the

service

provider

(Please

provide phone

number if

available)

Subscriber

communication

management

system

Application

(Name and

version)

Date of “go

Live”/

Production

Usage

Dated this ________________ day of ________________ 201_

[Signature of Subscriber Communication management system ISV firm authorized

signatory with Name, Designation and contact details]

[Signature of Bidder authorized signatory] in the capacity of

(Designation)

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SECTION-10

Annexure II-F

Maximum Number of Statements per month by single active installation of Customer

Communication management System

(To be provided by the ISV firm on its letterhead)

This is to certify that the below given are the list of Telecom clients worldwide that

the offered Subscriber communication management system (generic, any version) of

our firm M/s ………………………….. is in active production deployment serving the

subscriber communication needs of wire-line line of business of telecommunication

service providers as of date

Telecom Service

Provider name

Location and

Address

Name, title of

the contact

person of the

service

provider

(Please

provide phone

number if

available)

Subscriber

communication

management

system

Application

(Name and

version)

Monthly

Volume of

(eBill/Print)

statements

sent to

Subscriber

Dated this ________________ day of ________________ 201_

[Signature of Subscriber Communication management system ISV firm authorized

signatory with Name, Designation and contact details]

[Signature of Bidder authorized signatory] in the capacity of

(Designation)

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SECTION-10

Annexure II-G

Maximum number of Inbound / Outbound communications sent to Subscribers per month by a

single active installation of the offered Subscriber COMMUNICATION management system in A

TELECOMMUNICATION service provider environment

(To be provided by the ISV firm on its letterhead)

This is to certify that the below given is the telecom service provider‟s name where

maximum number of inbound / outbound communications sent to subscribers per

month by a single active installation of the offered Subscriber Communication

Management system of our firm M/s ………………………….., in a telecommunication

service provider environment worldwide

Telecom Service

Provider name

Location and

Address

Name, title of

the contact

person of the

service

provider

(Please

provide

phone

number if

available)

Subscriber

Communication

Management

System

Application

(Name and

version)

Maximum No. of

Inbound /

Outbound

Communications

sent

Dated this ________________ day of ________________ 201_

[Signature of Subscriber Communication management system ISV firm authorized

signatory with Name, Designation and contact details]

[Signature of Bidder authorized signatory] in the capacity of

(Designation)

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Section 11

NON-DISCLOSURE AND CONFIDENTIALITY AGREEMENT

THIS NON-DISCLOSURE AND CONFIDENTIALITY AGREEMENT (“Agreement”) is

made as of the ___ day of ___________, 20__

BY AND BETWEEN:

__________, a corporation organized and existing under the laws of

____________, having its principal offices at

_____________________________________ (hereinafter referred to as

“COMPANY”)

AND

__________, a corporation organized and existing under the laws of ____________,

having its principal offices at _____________________________________

(hereinafter referred to as “BIDDER”)

WHEREAS COMPANY is the owner and/or the author of and/or has the rights to

disclose certain valuable proprietary documentation and business and technical

information relating to its current and future business plans, which are not generally

available to the public and which COMPANY may desire to protect against

unrestricted disclosure, all of which are referred to in this Agreement as the

“COMPANY Proprietary Information”; and

WHEREAS BIDDER (or any of its affiliated companies) is the owner and/or author of

and/or has the rights to license certain valuable proprietary routines, computer

programs, documentation, trade-secrets, systems, methodology, know-how,

marketing and other commercial knowledge, techniques, specifications, plans and

other proprietary information, including but not limited to material associated with

and forming part of the proprietary software systems of BIDDER known as

[__________], all of which are referred to in this Agreement as the “BIDDER

Proprietary Information”; and

WHEREAS COMPANY has issued an RFP for the provision of a _______________

system, and BIDDER would like to respond to the RFP, and thereafter the parties

may, if agreed between them, enter into an agreement for the provision of licenses

and/or services by BIDDER to COMPANY (the RFP, BIDDER‟ response thereto, and

such agreement, if any, are hereinafter referred to as the “Project”); and

WHEREAS each party may, in connection with the Project, disclose to the other

party information which is part of its Proprietary Information and, therefore, the

parties wish to set forth the manner in which the COMPANY Proprietary Information

and the BIDDER Proprietary Information will be treated during the Project;

NOW THEREFORE, in consideration of the mutual agreements contained herein, the

parties agree as follows:

1. The term “Proprietary Information”, whenever relating to COMPANY‟S

information, shall mean the COMPANY Proprietary Information and whenever

relating to BIDDER‟ information, shall mean the BIDDER Proprietary

Information.

2. The receiving party agrees to hold in confidence the disclosing party‟s

Proprietary Information, and to refrain from copying, distributing, disseminating

or otherwise disclosing such Proprietary Information to anyone, other than to

those of its employees who have a need to know such Proprietary Information

for purposes of the Project. For purposes of this Agreement BIDDER‟ employees

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are deemed to include employees of its affiliates who will be involved in the

Project.

3. The receiving party undertakes not to use the Proprietary Information of the

disclosing party for any purposes other than the Project, and not to sell, grant,

make available to, or otherwise allow the use of the disclosing party‟s

Proprietary Information by any third party, directly or indirectly, except as

expressly permitted herein.

4. In addition, COMPANY undertakes not to use, directly or indirectly, the BIDDER

Proprietary Information or any derivatives thereof in any form (e.g., reports and

analyses) (which derivatives are also deemed Proprietary Information of

BIDDER) in the development and/or sale of software systems, either for itself or

for a third party.

5. Upon the termination and/or expiration of this Agreement for any reason and/or

upon the conclusion of the Project and/or at the request of the disclosing party,

the receiving party shall:

(a) return to the disclosing party any document or other material in tangible

form in its possession being part of the Proprietary Information of the

disclosing party, unless otherwise agreed upon in writing between the

parties; and/or

(b) destroy any document or other material in tangible form that contains

Proprietary Information of the disclosing party and the receiving party;

and

(c) confirm such return and/or destruction in writing to the disclosing party.

6. Disclosure of the disclosing party‟s Proprietary Information to the receiving party

may only be made in writing or other tangible or electronic form that is marked

as proprietary and/or confidential information of the disclosing party, or occur

by demonstration of any product within the BIDDER products.

7. Disclosure of the disclosing party‟s Proprietary Information to the receiving party

shall in no way serve to create, on the part of the receiving party, a license to

use, or any proprietary right in, the disclosing party‟s Proprietary Information or

in any other proprietary product, trademark, copyright or other right of the

disclosing party.

8. The confidentiality obligations of the receiving party regarding the disclosing

party‟s Proprietary Information shall not apply to such Proprietary Information

which:

(a) becomes public domain without fault on the part of the receiving party;

(b) is lawfully obtained from a source other than the disclosing party, free of

any obligation to keep it confidential;

(c) is previously known to the receiving party without an obligation to keep it

confidential, as can be substantiated by written records;

(d) is expressly released in writing from such obligations by the party that

owns or has the rights to such Proprietary Information; or

(e) is required to be disclosed pursuant to law, regulation, judicial or

administrative order, or request by a governmental or other entity

authorized by law to make such request; provided, however, that the

receiving party so required to disclose shall first notify the disclosing party

to enable it to seek relief from such requirement, and render reasonable

assistance requested by the disclosing party (at the disclosing party‟s

expense) in connection therewith.

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9. Any use by the receiving party of the disclosing party‟s Proprietary Information

permitted under this Agreement is conditioned upon the receiving party first

taking the safeguards and measures required to secure the confidentiality of

such Proprietary Information. Without limiting the generality of the foregoing,

each party shall draw to the attention of its employees, including those

employees of the affiliates referred to in Section 2 above, who shall have access

to the Proprietary Information of the other party, all the obligations concerning

such Proprietary Information contained in this Agreement

10. This Agreement shall be in full force and effect for a period of seven (5) years

commencing on the date first stated above. However, the provisions of Sections

3, 4 and 7 above shall survive the termination and/or expiration of this

Agreement for any reason.

11. Each party acknowledges that its breach of this Agreement may cause the other

party extensive and irreparable harm and damage, and agrees that the other

party shall be entitled to injunctive relief to prevent use or disclosure of its

Proprietary Information not authorized by this Agreement, in addition to any

other remedy available to the other party under applicable law.

12. This Agreement constitutes the entire agreement between the parties and

supersedes any prior or contemporaneous oral or written representation with

regard to the subject matter hereof. This Agreement may not be modified

except by a written instrument signed by both parties.

13. If, however, any provision of this Agreement is determined by a court of

competent jurisdiction to be invalid or unenforceable, such invalidity or

unenforceability shall not invalidate or render unenforceable the entire

Agreement, but rather the entire Agreement shall be construed as if not

containing the particular invalid or unenforceable provision or provisions, and

the rights and obligations of the parties shall be construed and enforced

accordingly. In addition, the parties agree to cooperate to replace the invalid or

unenforceable provision(s) with valid and enforceable provision(s) which will

achieve the same result (to the maximum legal extent) as the provision(s)

determined to be invalid or unenforceable.

14. This Agreement shall be governed by and construed under the laws of the

Republic of India., without giving effect to such laws‟ provisions regarding

conflicts of law.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the

date first stated above.

________________________ ________________________.

(“COMPANY”) (“BIDDER”)

By: _____________________ By: ______________________

Name: _____________________ Name:

______________________Title: _____________________ Title

______________________Date: _____________________ Date:

______________________