NOTICE INVITING TENDER (NIT)T.E No.: MTNL/DEL/EB/Wi-Fi/2014-15/10

e-Tender

For

Supply, Installation, Testing and Commissioning (SITC) of WI-FI Hotspot Network

MAHANAGAR TELEPHONE NIGAMLIMITED (MTNL)

Tender Document Price: Rs 4200/- (non-refundable)

Bidder’s Name:……………………………………

& Address: …………………………………………….………………………………………

O/o General Manager (EB), Room No.- 423, 4th Floor, Khurshid Lal Bhawan, New Delhi-110001

Tel: 23327071 Email: agmcpsl1@bol.net.in website: www.mtnl.in

0

INDEX S.N. SECTION DESCRIPTION Page No.

1 Annexure-A Check List 2-3

2 SECTION-I NOTICE INVITING TENDER 4-6

3 SECTION-II INSTRUCTIONS TO THE BIDDER 7-22

4 SECTION-III GENERAL (COMMERCIAL) CONDITIONS OF CONTRACT 23-35

5 SECTION-IV-A SPECIAL CONDITIONS OF CONTRACT 36-43

6 SECTION-IV-B ANNUAL MAINTENANCE CONTRACT 44-46

7 ANNEXURE-1,SECTION-IV-B ANNUAL MAINTENANCE CONTRACT AGREEMENT FORMAT 47-55

8 Appendic A-D of SECTION-IVBDetails of Technical support Centers, FAULT- DOCKET FOR MTNL Broadband System, PROFORMA FOR HISTORY SHEET, AMC CHARGES

56-60

9 SECTION-VA SCHEDULE OF REQUIREMENTS (SOR) 61-64

10 SECTION-V-B LIST OF SPARES 65

11 SECTION-VI TECHNICAL SPECIFICATIONS 66-91

12 SECTION-VII (PART-I) BID FORM 92-94

13 SECTION-VII (PART-II)

PRICE SCHEDULE TABLE 1 TO 8 95-101

14 SECTION-VIII BID SECURITY FORM 102

15 SECTION-IX (ANNEX-I) PERFORMANCE SECURITY GUARANTEE BOND 103-104

16 SECTION-IX (ANNEX-II) ADDITIONAL BANK GUARANTEE BOND 105-106

17 SECTION-IX (ANNEX-III)

LETTER OF AUTHORIZATION FOR ATTENDING BID OPENING/PRE-BID

CONFERENCE.

107

18 SECTION-IX (ANNEX-IV) CERTIFICATE FROM BIDDER AND OEM ABOUT SIZING OF HARDWARE

WITH OFFERED SOLUTION

108

19 SECTION-IX (ANNEX-V) CERTIFICATE OF SUPPORT FROM OEM 109-110

20 SECTION-IX (ANNEX-VI)

CLAUSE BY CLAUSE COMPLIANCE 111

21 SECTION-IX (ANNEX-VII)

PARTICULARS OF BIDDER 112-113

22 SECTION-IX (ANNEX-VIII)

POWER OF ATTORNEY 114

23 SECTION-IX (ANNEX-IX) FINANCIAL CAPACITY OF BIDDER 115

24 SECTION-IX (ANNEX-X) RELEVANT EXPERIENCE OF THE BIDDER 116

25 SECTION-IX (ANNEX-XI)

RELEVANT EXPERIENCE OF THE OEM 117

26 SECTION-IX (ANNEX-XII)

PERFORMA FOR INTEGRITY PACT 118-122

27 SECTION-IX (ANNEX-XIII)

AGREEMENT FOR SECURITY REQUIREMENT 123-143

28 SECTION-IX (ANNEX-XIV)

NON-DISCLOSURE AGREEMENT 144-147

29 SECTION-IX (ANNEX-XV)

Non Relationship certificate 149

30 SECTION-IX (ANNEX-XVI)

DECLARATION REGARDING NON BLACKLISTING 150

31 SECTION-IX (ANNEX-XVII)

Certificate from OEM regarding single authorization 151

32 SECTION-X GUIDELINES OF MTNL ON BANNING OF BUSINESS DEALINGS 152-159

1

ANNEXURE-ACHECK-LIST OF DEOCUMENTS TO BE SUBMITTED WITH PROPSOAL

S/N Item (Yes/No)

1 All the pages of application and enclosures have been duly numbered and signed by authorized signatory

2 Tender Document Fee (DD of Rs 4200/-)

3EMD (Bid Security)of Rs 27,15,000/ -in form of bank grantee valid for 180 days beyond the date of Bid opening or latest and valid NSIC certificate duly certified by NSIC, if applicable.

4 Annexure-XIII section-IX, Power of Attorney

5 Bid Validity of 150 days from the date of opening

6Submitted hard copy of bid and the covers of hard copies are properly sealed with official stamp

7. Copy of NIT document signed at each page.

8Audited Balance-Sheet and P&L Account of Last 3 Years (2011-122012-13 to 2013-14) showing turn over (annexure IX)

9 ITR for last three years (2011-2012,2012-13 & 2013-14)

10Before submission of bids, latest amendments/information has been seen

11 Relevant experience of OEM (annexure XI of section IX)

12 Relevant experience of Bidder (annexure X of section IX)

13 Certificate of support/MoU from OEM as per annexure V section IX

14Certificate from bidder and OEM about sizing of hardware with offered solution as per annexure IV section IX

15 Type Approval certificate against the specified GR/ internationally accepted certificates for offered equipment.

16 Details of Technical support Centers, FAULT- DOCKET FOR MTNL Broadband System, PROFORMA FOR

HISTORY SHEET, AMC CHARGES

17 CLAUSE BY CLAUSE COMPLIANCE ( annexure VI of section IX)

18 Certificate of incorporation of the bidder Company

19 Article of Memorandum of Association or partnership deed or proprietorship deed as the case may be.

20 Service Tax Registration Certificate

2

21 VAT Registration Certificate (if applicable)

22 PAN Card Copy of Bidder

23 Particulars of the Bidder annexure VII section IX

24Registration certificate from State Director of Industries or from Secretariat for Industrial Approval (SIA), Ministry of Industries, and Government of India wherever applicable

25Approval from Reserve Bank of India /SIA in case of foreign collaboration wherever applicable

26 Integrity Pact Form ,annexure XII section IX

27 Non-Disclosure Agreement on Non-judicial Stamp Paper of Rs100/-

28 Annexure –XV section IX, Non Relationship certificate

29 DECLARATION REGARDING NON BLACKLISTING AS PER ANNEXURE XVI SECTION IX

30 Bid Form (Letter of Proposal)

31 Price Schedule as per Table 1 to Table 6

32 Certificate from OEM regarding single authorization

32 Any other document as per NIT

* strike out which ever is not applicable.

Signature of Proprietor/director/partner/Authorised Signatory(Sh./Smt./Miss_______________________________)

3

SECTION – I

MAHANAGAR TELEPHONE NIGAM LIMITEDO/o General Manager (EB), Room No.-423, Khurshid Lal Bhawan,

Janpath, New Delhi-110 001

NOTICE FOR INVITING TENDER (NIT)

NIT No.: MTNL/DEL/EB/Wi-Fi/2014-15,

1.1MAHANAGAR TELEPHONE NIGAM LIMITED (MTNL) is a Govt. of India owned PSU providing Telecom Service in metro city of Delhi and Mumbai.

1.2On behalf of the ED MTNL Delhi, On line bids are invited in two parts (Parts A- Techno- commercial bid, Part B- Financial bid)from eligible bidders as per eligibility criteria given in clause-4 of section-II, for “Supply, Installation, Testing and Commissioning (SITC) of WI-FI Hotspot Network”in NCT of Delhi.

1.3 The time schedule for pre-bid conference , submission and opening shall be as below- Pre-bid conference date & Time : 12-03-2015 at 11:30 Hrs Pre-bid conference venue : Conference room ,IInd floor, K.L.Bhawan, Janpath, New

Delhi

Due date & Time of receipt of bids : One day before opening of bids upto 15:00 hours

Opening date & time : Due date of opening at 12:00 Hrs

Tender Document Fee : Rs 4200/- (Inclusive of VAT @5%)

(Rupees four Thousand two hundred only)

I. The Tender shall be submitted through e-tendering system on website http//epsdelhi.mtnldelhi.in. Your offer complete in all respects as per enclosed documents must be submitted latest by 15:00 hours on schedule date of submission.

II. In case of any difficulty in downloading/uploading of tender document or any other issue related to MTNL eps website (www.epsdelhi.mtnldelhi.in), kindly see the help support on website or contact on 011-24105218.

Tender bids shall be opened on line at 12:00 hours on the schedule date of opening.. The representatives of the bidders may attend the bid opening either online after logging on to the MTNL’s e-procurement portal or at MTNL premises along with letter of authorization for attending bid opening at O/o AGM(MM)EB, Room no 111,Eastern Court,Janpath, New Delhi.

1.4 Eligibility Criteria for Bidders are detailed in clause-4 section-II of this NIT.1.5 Bid security in the form of Bank Guarantee in favour of MTNL, Delhi from the

schedule Bank in India as per format at section VIII valid for 180 days from the date of opening of tender or NSIC certificate. The bid security shall be submitted upto 1500 Hrs of one day before the schedule date and time of opening of bids. The bid security shall be submitted before the schedule date and time of opening of bids to

4

AGM(MM)EB,Room No 111,Eastern court, Janpath, New Delhi-110001. A scan copy of the bid security in the form of Bank Guarantee shall be uploaded along with Techno-commercial bid.

1.6 Any bid not accompanied with Tender document Fee, EMD/bid security amount and multiple bids having same Wi-Fi OEM (annexure XVII section IX)will be rejected out rightly.

1.7 MTNL shall arrange a pre-bid conference with prospective bidders, where bidders can seek clarifications with regard to Terms of referred TENDER.

1.8 Intending bidders may download the tender document from the website which contains full terms and conditions, detailed description, requirement particulars and all other related formalities to be full filled by the bidders. The cost of tender document is to be paid offline in the shape of Demand Draft/ Pay order of Rs. 4200/- only (inclusive VAT) in favour of Accounts Officer (Cash) HQ,MTNL New Delhi before the schedule date and time of submission of the bids to AGM(MM)EB, MTNL, Room No 111,Eastern court ,Janpath, New Delhi-110001.

1.9 The bidder shall submit hard copy of bids (sealed separately) also before the due date and time of submission of bid. The hard copy(s) will be opened with the approval of tender approving authority and shall be referred only in case the e-procurement system does not function properly. In the event of discrepancy between the hard copy and soft copy submitted online, the softcopy shall govern/prevail. If any bidder does not submit hard copy, it will be at bidders risk. The hard copy of the bids will be recorded/returned if covers are not sealed properly with OFFICIAL SEAL/STAMP of the bidder.

1.10 Conditional offer will not be accepted. MTNL reserve the right to terminate the NIT process without assigning any reason.

1.11 Validity of the Bid: The Bid shall be valid for a period of not less than 150 days from the date of opening of the bid.

1.12 The bids shall be opened on stipulated date and in case the date falling on any holiday or in case of unforeseen contingencies, bids shall be opened on the next working day at the same time will out any further notice.

1.13 The tender is covered under the integrity pact. The participating bidder in the tender shall sign a MoU with the purchaser as per MoU document given in annexure XII of Section IX of tender document. The bidder can send their grievances to the independent external monitors through the nodal officer on the following address:

Sh. Om Chandra Sr Manager(P-1)CONodal officer-Independent External Monitoring Cell(IEMC)VI floor,Mahanager Doorsanchar Sadan,9 CGO Complex,Lodhi Road. N.Delhi-110003Phone No; 011-24322529

AGM (MM) EBMTNL Delhi

DISCLAIMERThe information contained in this Notice Inviting Tender document (“NIT”) or subsequently provided to bidders, whether verbally or in documentary or any other form by or on behalf of Mahanagar Telephone Nigam Ltd. (herein referred to as the “Purchaser”) or any of its employees, is provided to

5

bidders on the terms and conditions set out in this NIT and such other terms and conditions subject to which such information is provided.

This NIT is not an agreement or an offer by the Purchaser to the prospective bidders or any other person. The purpose of this NIT is to provide interested parties with information that may be useful to them in the formulation of their Proposals pursuant to this NIT. This NIT includes statements, which reflect various assumptions and assessments arrived at by the Purchaser in relation to the Project. Such assumptions, assessments and statements do not purport to contain all the information that each Bidder may require. This NIT may not be appropriate for all persons, and it is not possible for the Purchaser, its employees or advisers to consider the objectives, technical expertise and particular needs of each party who reads or uses this NIT. The assumptions, assessments, statements and information contained in this NIT, may not be complete, accurate, adequate or correct. Each Bidder should, therefore, conduct its own investigations and analysis and should check the accuracy, adequacy, correctness, reliability and completeness of the assumptions, assessments and information contained in this NIT and obtain independent advice from appropriate sources.Information provided in this NIT to the Bidders may be on a wide range of matters, some of which may depend upon interpretation of law or regulatory issues. The information given is not intended to be an exhaustive account of statutory requirements and should not be regarded as a complete or authoritative statement of law & regulations. The Purchaser accepts no responsibility for the accuracy or otherwise for any interpretation or opinion on the law & regulations expressed herein.

The Purchaser, its employees and advisers make no representation or warranty and shall have no liability to any person including any Bidder under any law, statute, rules or regulations or tort, principles of restitution or unjust enrichment or otherwise for any loss, damages, cost or expense which may arise from or be incurred or suffered on account of anything contained in this NIT or otherwise, including the accuracy, adequacy, correctness, reliability or completeness of the NIT and any assessment, assumption, statement or information contained therein or deemed to form part of this NIT or arising in any way in this Selection Process.The Purchaser also accepts no liability of any nature whether resulting from negligence or otherwise however caused arising from reliance of any Bidder upon the statements contained in this NIT.

The Purchaser may in its absolute discretion, but without being under any obligation to do so, update, amend or supplement the information, assessment or assumption contained in this NIT.

The issue of this NIT does not imply that the Purchaser is bound to select a Bidder for the SITC of Wi-Fi Equipment and the Purchaser reserves the right to reject any or all of the proposals (bids) received or stop the process of NIT at any stage, at its sole discretion, without assigning any reason whatsoever.

The Bidder shall bear all its costs associated with or relating to the preparation and submission of its Proposal including but not limited to preparation, copying, postage, delivery fees, expenses associated with any demonstrations or presentations which may be required by the Purchaser or any other costs incurred in connection with or relating to its Proposal. The Purchaser shall not be liable in any manner whatsoever for the same or for any other costs or other expenses incurred by an Bidder in preparation or submission of the Proposal, regardless of the conduct or outcome of the Selection Process.All communications, including the envelopes, should contain the following information, to be marked at the top in bold letters: T.E No. MTNL/DEL/EB/Wi-Fi/2014-15/10 for “Supply, Installation, Testing and Commissioning (SITC) of WI-FI Hotspot Network”and shall be addressed to:

AGM (MM) EB111, Ist floor,Eastern court Janpath, New Delhi-110003Tel: 011-23327071, Email for communication: agmeb2@bol.net.in, Download from Website : www.epsdelhi.mtnldelhi.in , http://etender.mtnl.net.in, www.nividasewa.com,www.tender-mart.com,www.tenders.gov.in

6

SECTION-II

INSTRUCTIONS TO BIDDERS1. Introduction

1.1 Background:

Mahanagar Telephone Nigam Limited (MTNL) hereinafter referred to as the “Purchaser” is a publicly listed state-owned major telecommunication service provider in Delhi & Mumbai. It is offering full range of telecom services / solutions like Voice, Data, Internet, Broadband etc from its vast fixed & mobile networks in its license service areas of Delhi & Mumbai . In a quest to develop world class telecom facilities for its customers in NCT of Delhi, MTNL is to deploy Wi-Fi equipment for accessing Internet services.

Above shall be achieved through tendering process with the help of this NIT having single stage bidding and two stage opening system (Techno-commercial bid & financial bid). Technical and financial bid will be separate. MTNL shall open and evaluate the financial bids of technically and commercially responsive firms only. Bidder shall submit Technical and Financial offer in two separate envelopes. The bidders shall be ranked in accordance with their financial quote. The bidder with lowest financial quote (L-1, the “Selected Bidder”) shall be considered for award of work.

The detailed Schedule of requirement and Technical specifications are given in section-V & VI of this NIT.

1.2 Notice Inviting Tender

In view of the above objective, proposals are being solicited from the leading system integrators/ OEMs for selection of a “Firm/Company” who shall be responsible for Supply, Installation, Testing and Commissioning of Wi-Fi equipment within targeted time frame and finally offering support.

MTNL intends to select the Bidder through an open competitive bidding process in accordance with the procedure set out herein.

2. SCOPE of WORK:

MTNL will provide backhaul internet connectivity over its FTTH service to each of the hotspot premises/Site. The sites may be VVIP residences/offices/locations in the area of NCT of Delhi, mainly in the NDMC area. The project will be on turnkey basis.

The work shall comprise of the following activities, which are indicative but not exhaustive:

7

2.1 The bidder shall be fully responsible for Network Design, supply, installation, integration, Testing and commissioning of the complete Wi-Fi Network , which may include following network elements—

a) CORE NETWORK:i) Wireless LAN Controllers (WLC)ii) Centralized authentication system.iii) Network Management System (for Wireless / Wired)

b) ACCESS NETWORKi) Outdoor Access Pointii) Indoor Access Pointiii) Switches to create LAN connecting A/Ps.iv) Passive components as may be required.Along with necessary active and passive components for the WI-FI- network.

2.2 Training as per clause 7 Section III.

2.3 Supply of operation and maintenance manuals (Soft and hard copies).

2.4 Supply and Installation of the full network management system (any up-gradation or other requirements are to be considered for the contract period including warranty and AMC period).

2.5 Miscellaneous: Any other activity(ies) necessary for smooth implementation of the solution and successful execution of entire scope of work.

Above is a suggestive network to achieve service objectives as set-out in this NIT.3. DEFINITIONS:

(a) “The Purchaser” means the Mahanagar Telephone Nigam Limited (M.T.N.L.).

(b) “The Bidder” means the individual or firm who participates in this tender and submits its bid.

(c) “The Bidder” means the individual or firm supplying the goods/providing services under the contract.

(d) “The Goods” mean all the Hardware, Software and other active/passive materials/components which the bidder is required to supply/provide to the purchaser under the contract for commissioning/proper operation of the system and also includes any spares for the equipment.

(e) “Advance Purchase/Work Order (APO/AWO)” means letter indicating the intention of the purchaser to place Purchase Order on the bidder.

(f) “The Purchase Order” means the order placed by the Purchaser on the Bidder, duly signed by the Purchaser and includes all attachments and appendices hereto and all documents incorporated by reference therein. The purchase order shall be deemed to be the contract, which is defined below.

(g) “Contract” means the agreement between MTNL and the successful bidder called Contractor for the execution of the works including supply of all documents to which reference may be made in order to ascertain the rights and obligations of the parties and shall include the Instructions to bidders, General Terms and Conditions of the Contract, Addenda, Supplementary Agreement(s) (if any) as part of the Contract.

8

(h) “The Contract Price” means the price payable to the bidder under the purchase order for the complete fulfillment and proper performance of its contractual obligations to the satisfaction of MTNL.

(i) “Contract Date” means the date on which the Contract comes into effect in accordance with clause No.40 of Section II.

(j) “Certificate of Acceptance” means the certificate issued by MTNL to the Contractor upon completion of the acceptance tests of the Equipment/works/Services.

(k) “Progress Report” means the reports prepared by the contractor containing details of the progress and implementation of the project as required by MTNL.

(l) “Site” means the place(s) other than the Contractor’s premises, to which the Equipment(s) and System(s) are to be delivered and installed.

(m) “Variation Orders” means a written agreement entered between the parties varying the items mentioned in the Schedule of Prices.

(n) “Works” means the jobs undertaken by the Contractor in order to complete the tasks falling within the scope of the Contract.

(o) “SI” System Integrator is a company that specializes in bringing together component subsystems into a whole and ensuring that those subsystems function together.

(p) “OEM” for this tender means manufacturer (including its subsidiaries/ parent company) of the Goods referred in this tender.

(q) “Wi-Fi OEM” for this tender means manufacturer (including its subsidiaries/ parent company) of the Access Points (AP) and Wireless LAN Controller (WLC) referred in this tender.

(r) “Commissioning” means successful completion of acceptance testing procedures as may be prescribed by MTNL.

(s) “BID SUBMISSIN DATE” means last date for submission of Techno commercial offer as part of bid process.

4. ELIGIBILITY CRITERIA:

The bidder should meet all the following eligibility requirements:4.1 The bidder should be an Indian registered company. The bidder may be an Wi-Fi

Original Equipment Manufacturer (Wi-Fi OEM) or its Indian subsidiary if the Wi-Fi OEM is a foreign company engaged in manufacturing of WI-FI Equipment i.e Access Points & Wireless LAN Controller (WLC) or a System Integrator (SI) engaged in implementation of projects in the field of IT/Networking/ Telecommunication having valid MoU(s) with the OEM(s) of Wi-Fi Equipment and Networking Equipment. In case of SI, it must submit the copy of valid MoU/Authorization along with the bid, which should clearly indicate the commitment of OEM (s) for extending all types of technical support for their products for at least 7 years.

4.2 The bidder should have an annual average financial turnover of above Rs 5 Crore in last three financial years (2011-2012, 2012-13 & 2013-14) from operations in India.

4.3 (a) In case of Wi-Fi OEM or its Indian Subsidiary, the bidder should have supplied and successfully working projects of at least 1250 APs along with centralized core network (WLC,AAA,NMS etc) in last two years in India or Globally. (refer clause 18.4 of section-II for details) . The experience shall be counted from the date of opening of tender.

9

(b) In case of SI, bidder should have 2 years’ experience of Installation, Testing and Commissioning of at least 250 Access Points along with centralized core network (WLC,AAA,NMS etc) in India and the Wi-Fi OEM whose equipment is being offered should have supplied at least 1250 APs along with core network anywhere in India or Globally. The experience shall be counted from the date of opening of tender. (refer clause 18.4 of section-II for details)

4.4 Bidder shall have to submit the offered equipment Type Approval certificate against the specified GR, if applicable or internationally/industry accepted certificates for offered equipment.

4.5 In this tender, the SI, its Indian subsidiaries on behalf of the Wi-Fi OEM or Wi-Fi OEM itself can bid but no one can bid simultaneously for same items/product (APs & WLC). Multiple bids of same Wi-Fi OEM will be rejected out rightly. Certificate to this effect from Wi-Fi OEM must be enclosed with the proposal by the bidder as per annexure XVII section IX .

4.6 If either the SI or its Indian subsidiaries submits bid on behalf of the Wi-Fi OEM, the same SI shall not submit a bid on behalf of another Wi-Fi OEM in the tender for the same item/product.

4.7 The bidder should neither be barred in last two years by the Central Government, any State Government, a statutory Purchaser nor a public sector undertaking, as the case may be, from participating in any tender or award of work, and the bar subsists as on the date of the Proposal, would not be eligible to submit a Proposal either by itself or through its Associate.

4.8 The bidder during the last Two years, neither be failed to perform on any agreement, as evidenced by imposition of a penalty by an arbitral or Purchaser or a judicial pronouncement or arbitration award against the bidder or its Associate, nor has been expelled from any tender, project nor agreement have had any agreement terminated for breach by such bidder or its Associate.

5 Any bidder which does not fulfill above eligibility criteria would not be eligible to submit a Proposal either by itself or through its Associate and such bids shall be rejected out rightly.

6. The Bidder shall enclose experience certificate as mentioned in clause 18.4 of section-II

with its Proposal 7. The Bidder should submit a Power of Attorney as per the format at Annexure-VIII

Section-IX.

8. While submitting a Proposal, the Bidder should attach clearly marked and referenced continuation sheets in the event where the space provided in the specified forms in the Appendices is insufficient. Alternatively, Bidders may format the specified forms making due provision for incorporation of the requested information.

9. A joint undertaking stating that “both bidder as well as OEM shall be jointly and

severally bounded by the terms & conditions of this tender and for the execution of this project.”

10 COST OF BIDDING:

10

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

11 THE BID DOCUMENTS REQUIRED:

11.1 The goods and services required, bidding procedures and contract terms are prescribed in the Bid Document. The bid documents include:

a. Notice Inviting Tender

b. Instructions to Bidder

c. General (Commercial ) Conditions of Contract

d. Special Conditions of Contract.

e. Schedule of Requirements

f. Technical Specifications

g. Bid Form and Price Schedules

h. Bid Security Form

i. Performance Security Bond Form

j. All Annexures.

k. Letter of Authorization to attend Bid Opening

11.2 The Bidder is expected to examine all instructions, forms, terms and specifications in the Bid Document. Failure to furnish all information required as per the Bid Documents or submission of bids which are not substantially responsive to the Bid Documents in every respect may result in rejection of the bid. In respect of interpretation/clarification of each and every clause of this tender and in respect of any matter relating to this tender, the decision of MTNL will be final.

12 CLARIFICATION OF BID DOCUMENTS 12.1 A prospective bidder, requiring any clarification on the Bid Documents shall notify

the Purchaser online by using the e-procurement site of MTNL. The purchaser shall respond in writing to any request for the clarification of the Bid Documents, which received before pre-bid conference. The query (without identifying the source) and clarifications by the Purchaser shall be posted on MTNL’s website for information of all the prospective bidders.

12.2 Any clarification issued by MTNL New Delhi in response to query raised by prospective bidders shall form an integral part of bid documents and it may amount to an amendment of relevant clauses of the bid documents.

11

12.3 If no clarification is issued by MTNL to any of query(ies), the provision of original clause of NIT shall prevail.

12.4 The bidders are required to keep a watch on the MTNL Web Site w.r.t. any amendment to the tender document or clarification to the queries raised by the bidders till a day prior to the bid submission date of the tender. MTNL reserves the right for rejection of bids if the bids are submitted without taking into account these amendments/clarifications. Further bidder will be fully responsible for downloading of the tender document and amendments from MTNL’s e-procurement website for their completeness.

12.5 MTNL, if required, may hold a Pre-Bid vendor conference to discuss the queries raised by the prospective bidders at Venue, Date and time as per Clause 1.3 of Section-I.

12.6 The commercial and technical requirements of the tender are subject to revision, depending upon the outcome of Pre-Bid conference. The prospective bidders are required to keep a watch on MTNL’ website for any such revision.

13 AMENDMENT TO BID DOCUMENTS13.1 At any time, prior to the date of submission of bids, the Purchaser may for any

reason, whether at its own initiative or in response to a clarification requested by a prospective Bidder, modify/alter any terms & conditions of the bid documents by amendments as long as they are uniformly applied to all.

13.2 The amendments shall be displayed on MTNL’s website and these amendments will be binding on all bidders.

14 PREPARATION OF BIDS (DOCUMENTS COMPRISING THE BID):

The bid prepared by the bidder shall comprise the following components:

a. Documentary evidence established in accordance with the clause-4 & 17 of section-II that the bidder is eligible to bid and is qualified to perform the contract if his bid is accepted.

b. Bid security furnished in accordance with clause-22 of section-II

c. A Clause by Clause compliance as per clause-21.3 (c ) of section-II

d. A Bid form and Price Schedule completed in accordance with provisions of this NIT.

15 Language of Bid:

The Bid prepared by the Bidder and all correspondence and documents relating to the bid exchanged by the bidder and the purchaser shall be written in English language, provided that any printed literature furnished by the bidder may be written in another language but it is to be accompanied by an English translation of its pertinent passage(s) duly signed and verified as true English translation. The responsibility for the correctness of the translation will be solely and completely on the bidder and MTNL shall not be responsible for any loss/likely loss due to error in

12

translation whatsoever. In such cases, for the purpose of interpretation of the bid, the English translation shall only govern.

16 BID FORM:

The bidder shall complete the Bid form (section VII (Part-1)) and the appropriate Price Schedule strictly in the format furnished in the Bid Documents, indicating the goods to be supplied/jobs to be undertaken along with a brief description of the goods, services, quantity and prices as per Section-V & Section-VII (Part-II).

17 BID PRICES:

17.1 The bidder shall give the total composite price inclusive of all non CENVAT-able Levies & Taxes i.e. Sales Tax/VAT, Packing, forwarding, freight and insurance etc. but excluding Octroi/Entry Tax which will be paid extra as per actual, wherever applicable. CENVAT-able duties shall be mentioned separately which will be paid extra as per actual on production of proof of payment. The basic unit price and all other components of the price need to be individually indicated against the goods it proposes to supply under the contract as per the price schedule given in Section VII (Part-II). The offer shall be firm in Indian Rupees.

17.2 Prices indicated in the Price Schedule shall be entered in the following manner:

(i) The Basic Unit price (Ex-Factory Price) of the goods, Sales Tax/VAT Freight, Forwarding, Packing, Insurance and any other non CENVAT-able Levies/Charges already paid or payable by the bidder shall be quoted separately item-wise. CENVAT-able Levies/charges shall also be quoted separately item-wise.

(ii) The bidder shall quote as per price schedule given in Section VII (Part-II) tables 1 to 8 for all the items given in schedule of requirement (SOR).

17.3 The Basic Unit Price quoted by the bidder shall remain fixed during the entire period of contract. A bid submitted with an adjustable price quotation (basic and/or non-CENVAT-able duties) will be treated as non - responsive and rejected.

17.4 The prices quoted by the bidder shall be in sufficient detail (including details of CENVAT-able & non CENVAT-able duties) to enable the Purchaser to arrive at the price of equipment/system offered. It is mandatory to quote CENVAT-able duties as per prevailing duties at the time of submission of the bid.

17.5 “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”.

17.6 The price approved by MTNL for procurement will be inclusive of non CENVAT-able Levies and Taxes, packing, forwarding, freight but excluding CENVAT-able duties which will be paid extra on production of proof of payment. Break up in various heads of non CENVAT-able duties i.e., Sales tax, insurance, freight and other taxes paid/payable is for the information of the purchaser and any change in these shall have no effect on price during the scheduled delivery period.

13

17.7 Benefit in custom duty, if any, shall be passed on to MTNL. The bidder is expected to take action for arranging benefits available for telecom sector. It is the responsibility of the bidder to avail the reduced rate of custom duty as applicable.

17.8 Changes if any requested by the bidder for supply of indigenous items in place of imported items and vice-versa quoted in the bids may be considered only on the lower of the two rates.

17.9 MTNL reserves the right to give an add on order to the successful bidder as per clause No 37 of Section II.

17.10 The Purchaser proposes to adopt provisions under High Sea Sales to avail infrastructure project import benefits and/or other benefits that accrue with it of the imported equipment. The goods may be shipped in the name of MTNL. The vendor shall be responsible for custom clearance, transportation and insurance till the commissioning and handing over of the Wi-Fi equipment to MTNL etc. on behalf of MTNL, including payment of custom duty, insurance, freight and other charges, if any. MTNL will issue necessary letter of authorization, if required, for the purpose of claiming concessional custom duty as per clause 17.7 of section-II whenever applicable.

18 DOCUMENTS FOR ESTABLISHING BIDDER’S ELIGIBILITY AND QUALIFICATION:

18.1 The bidder shall furnish, as part of the bid documents establishing the bidder’s eligibility, the following documents or whichever is required/ applicable as per terms and conditions of Bid Documents.

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

as the case may be.(iii) Registration certificate from State Director of Industries or from Secretariat for

Industrial Approval (SIA), Ministry of Industries, and Government of India wherever applicable.

(iv) Approval from Reserve Bank of India /SIA in case of foreign collaboration wherever applicable.

(v) MOU(s)/ joint undertaking(s) in accordance with the requirements of eligibility clauses under clause (4) of section-II.

(vi) Authorization to bid in the tender issued by OEM.(vii) Eligibility requirement as per clause (4) Section-II of tender.

18.2 Bidder should furnish audited balance sheets and audited financial statements and Income Tax Returns (ITR) for the last 3 financial years (i.e.2011-2012, 2012-13 & 2013-14) in terms of their fulfilling the eligibility criteria of turnover of above Rs. 5 Crores in last three financial years.

18.3 In case the bidder is System integrator (SI), then the bidder must submit documentary evidence to the effect that the bidder is SI in the field of Telecom/IT as per requirement of Clause 4 of Section-II.

18.4 Certificates required under Eligibility requirement as per clause (4) of section-II. To establish eligibility, the bidder (in case of SI i.e 4.3 b) must provide certificates from the client (s) in whose premise; the supplied Wi-Fi equipments (Core Network and Access points) are working satisfactorily. The certificates must be on letter-head of the

14

customer duly signed by authorized signatory. Certificate from authorized signatory of Wi-Fi OEM(In case of 4.3 a&b) for supply of at least 1250 APs along with core network anywhere in India or Globally shall be required.(Annexure X & XI of section IX)

18.5 Any other relevant information / document considered necessary for successful implementation of the proposed scope of work & for meeting the eligibility (If required).

19 Based on the evaluation of technical bids submitted by the bidder, if felt necessary, as a part of Technical evaluation, MTNL, at its discretion, may ask the eligible bidder(s) to demonstrate its technical capability to carry out the project as per terms and condition of the tender.

20 The Bidder is expected to examine all instructions, forms, terms & conditions, Technical specifications in the tender document. Failure to furnish all information required as per the tender document or submission of bids which are not substantially responsive to the tender document in every respect may result in rejection of the bid. In respect of interpretation/clarification of each and every clause of this tender and in respect of any matter relating to this tender, the decision of MTNL will be final.

20.1 If any document is not submitted by bidder at the time of submission of bid in support of Bidders Eligibility Criteria, evaluation of bids will be based on available documents in the bid and non-submission of documents will be treated as non-availability of documents.

21 DOCUMENTS FOR ESTABLISHING GOODS/SERVICES ELIGIBILITY AND CONFORMITY TO BID DOCUMENTS:

21.1 Pursuant to Clause-14 of section-II the bidder shall furnish as part of his bid, documents establishing the conformity of Bid Documents to all goods and services which the bidder proposes to supply under the contract, by clearly indicating ‘complied’ or ‘not complied’. No ambiguity in compliance should be there in the bids.

21.2 The documentary evidence of the ‘goods and services’ shall be to the purchaser’s satisfaction and the bidder shall state that they will comply with all conditions specified in technical specs and other conditions of this tender.

21.3 The documentary evidence of the goods and services in conformity to the Bidding document may be in the form of literature, drawings and data. It may comprise of:

(a) A detailed description of the goods with essential technical and performance characteristics.

(b) A list of the available sources of all spare parts, special tools etc. for proper and continuous functioning of the goods during warranty and AMC period as specified in the tender will be provided.

(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 there is no deviation, “NIL” deviation statement shall be given. 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 Technical Specifications (Section VI), Commercial Conditions (Section III) and Special Conditions (Section IV) shall not be considered.

15

21.4 For the purpose of compliance to be furnished, pursuant to clause 11.1(f ) of Section-II, the bidder shall note that the standard for workmanship, material and equipment and reference to brand names or catalogue number, designated by the Purchaser in its Technical Specifications are intended to be descriptive only and not restrictive.

22 BID SECURITY

22.1 Pursuant to clause-17, the bidder shall furnish, as part of his bid, a bid security in the form of Bank Guarantee for an amount of Rs. 27,15,000 (Rupees Twenty Seven Lakh fifteen Thousand only. The bidders (small scale units) who are registered with National Small Scale Industries Corporation UNDER SINGLE POINT REGISTRATION SCHEME are exempted from payment of bid security up to the amount equal to their monetary limit. In case of bidders having monetary limit as “NO LIMIT”, “WITHOUT LIMIT”, or “MORE THAN Rs. 50 LAKHS”, the exemption will be limited to Rs.50,00,000/- (Rupees Fifty Lakhs) only. A proof regarding current registration with NSIC for the TENDERED ITEMS will have to be attached along with the bid. (For details of return/adjustment and forfeiting refer to clause 22.2,22.4,22.5 & 22.7 of Section-II.). Govt. PSUs are exempted for bid security on furnishing Corporate Guarantee.

22.2 The scanned copy of the bank guarantee for bid security and NSIC certificate shall be enclosed by the bidder in its bid and original copy of bank guarantee shall be submitted to AGM(MM) EB, MTNL Delhi, 1th floor, Room No. 111, Ist floor,Eastern court, Janpath, New Delhi-110001, on or before scheduled date and time of submission of the bids.

22.3 The bid security shall be in the form of a Bank Guarantee as per enclosed format issued by a Scheduled Bank of India in favor of the Purchaser, valid for a period of 180 days beyond bid opening date.

22.4 A bid not secured in accordance with Para 22.1 and 22.3 section-II above shall not be opened by the Purchaser as it is non-responsive and the bid will be returned unopened.

22.5 The bid security of the unsuccessful bidder will be returned as promptly as possible, but not later than 30 days after the placement of firm Purchase Order by the purchaser or on expiry of the Bid-validity pursuant to clause 40 of section-II whichever is earlier.

22.6 The successful bidder’s bid security will be discharged upon the bidder’s acceptance of the Advance Purchase Order (APO) satisfactorily pursuant to the clause 40 of section-II and furnishing the performance security.

22.7 The bid security may be forfeited:(a) If a bidder withdraws his bid during the period of validity specified by the bidder

on the Bid form or(b) In the case of a successful bidder, if the bidder fails to sign the contract and

furnish performance security in accordance with clause 32 & 33 of section-II.(c) In both the above cases, i.e. 22.7(a) & (b) above, the bidder will not be eligible

to participate in the tender for same item for three years from the date of issue of APO. The bidder will not approach the court against the decision of MTNL in this regard.

23. PERIOD OF VALIDITY OF BIDS:

16

23.1 Bid shall remain valid for 150 days after the date of bid opening prescribed by the Purchaser, pursuant to clause 21 of section-II. A bid valid for a shorter period shall be rejected by the Purchaser as non-responsive.

23.2 In exceptional circumstances, the Purchaser may request in writing the bidder’s unqualified/unequivocal consent for extension(s) to the period of bid validity. The request and the responses there-to shall be made in writing. The bid security provided under Clause 22 of section-II shall also be suitably extended. A bidder may refuse the request without forfeiting his bid security. The bidder accepting the request and granting extension will not be permitted to modify his bid.

24 FORMATS AND SIGNING OF BID:

The bid shall be typed or printed numbered sequentially and digitally signed by the bidder or a person or persons duly authorised to bind the bidder to the contract. An index of various documents and page no. where it is available shall be given. The letter of authorization shall be indicated by written power of attorney. The copy of Power of Attorney shall be enclosed along with the bid and original power of attorney shall be submitted along with the Bid Security to AGM (MM) EB, MTNL Delhi, 111, Ist floor, Eastern court Janpath, New Delhi-110001.

25 SUBMISSION OF BIDS

25.1 Bids must be received by the purchaser not later than 15.00 hrs. on due date of submission of bid.

25.2 The Purchaser may, at its discretion, extend this deadline for the submission of bids by amending the Bid Documents in accordance with clause 13 of section II in which case all rights and obligations of the purchaser and bidders previously subject to the deadline will thereafter be subjected to the deadline as extended.

25.3 The bidder shall submit his bid offer against a set of bid documents downloaded 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.

For any clarifications with regard to submission of bid, the bidders may contact the following person during business hours on working days:-

AGM (MM) EB, Mahanagar Telephone Nigam Limited (MTNL), 111, Ist floor, Eastern court, Janpath, New Delhi-110001 Phone: 011-23327071, Email: agmcpsl1@bol.net.in

The hard copy of the bid shall be submitted at address given above.

17

26. SEALING AND MARKING OF BIDS:26.1 Bids document along with supporting documents as indicated in clause 11.1 Section

II shall be digitally signed and should submitted in the format as prescribed by MTNL and procedure given in clause 25 section-II.

26.2 Bid Opening: Tender will be opened online by the designated tender opening committee of MTNL on the scheduled date and time of opening of the bids. The representative of the bidders may attend the bid opening either online after logging on to the MTNL’s EPS portal or at MTNL premises.

26.3 The bidders may also submit a hard copy in parallel, before due date and time of submission of bid. In case of non-functioning/malfunctioning of e-procurement system, the hard copy(s) will be opened with the approval of tender approving authority. If any bidder does not submit hard copy, it will be at bidder’s risk.

27 LATE BIDS:

. E-Procurement system is date and time locked. The system will not accept any bid after the scheduled date and time of submission of the bids

28 MODIFICATIONS AND WITHDRAWAL OF BIDS:

28.1 The bidder may modify or withdraw his bid after submission prior to the deadline prescribed for submission of bids.

28.2 No bid shall be modified subsequent to the deadline for submission of the bids.

28.3 Subject to clause 30, No bid shall be modified subsequent to the deadline for submission of bids

29 BID OPENING AND Evaluation :

29.1 The Purchaser will open bids at time and date given in clause 1.3 of Section-I of NIT. The bidder representative (maximum two) who chooses to be physically present at MTNL premises shall sign in an attendance register. Authority letter to this effect shall be submitted by the bidders before they are allowed to participate in bid opening.

29.2 If the date fixed for opening of bids is subsequently declared a holiday by the MTNL, a revised date of opening will be notified. However in the absence of such notification, the bid will be opened on the next working day, time and venue remaining unaltered.

29.3 The bidder's name and bidder’s quoted final price (Including of all Non-CENVATable duties & taxes) as per Table-8 of Section VII (Part-II) shall be announced at the time of opening of price bids.

30 CLARIFICATION OF BIDS:To assist in the examination, evaluation and comparison of bids, the Purchaser may, at its discretion ask the bidder for the clarification(s) of its bid. The request for clarification and the response shall be by email as given by bidder for communication

18

purpose in its offer document. However, no post bid clarification at the initiative of the bidder shall be entertained.

31 PRELIMINARY EVALUATION:

31.1 Purchaser shall evaluate the bids to determine whether they are complete, whether any arithmetical 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.

31.2 If the sum of components of the unit price adds up to an amount different from the quoted unit price, still the quoted unit price will be taken into account for evaluation. However, lower of the two prices i.e., quoted unit price or sum of the components of unit price shall be considered for ordering.

31.3 If the sum of total prices in any table of Section-VII Part-II is different than the actual sum, then the higher prices will be considered for evaluation of the bid and lower prices will be considered for ordering purpose.

31.4 Arithmetical errors shall be rectified on the following basis. 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. If there is a discrepancy between words and figures, the amount in words shall prevail. If the bidder does not accept the correction of the errors, his bid shall be rejected.

31.5 Prior to the detailed evaluation pursuant to clause 33 of Section II, 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.

31.6 A bid, determined as substantially non-responsive may 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.

31.7 The Purchaser may waive off 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.

32 EVALUATION AND COMPARISON OF SUBSTANTIALLY RESPONSIVE BIDS: 32.1 The Purchaser shall evaluate in detail and compare the bids previously determined

to be substantially responsive pursuant to clause 31 of Section-II. 32.2 During the technical evaluation, MTNL may call upon the bidder to give their

presentation on their offer, to explain their capability to undertake the project and to respond to any question from MTNL.

32.3 The price bid of the technically acceptable bidders will be opened in the presence of bidder's representative(s) who choose to attend on the date and time of opening of price Bid.

32.4 The evaluation and comparison of responsive bids shall be done on the basis of net cost to MTNL on the price of goods and Services offered inclusive of Duties and Taxes (but excluding CENVAT-able Duties & Taxes) sales tax/VAT, packing, forwarding freight & insurance charges etc. As stipulated in Clause 17 of section-II, 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 bids. However, Octroi/Entry Taxes will be paid extra as per actuals wherever applicable on production of proof of payment/relevant invoices/ documents.

33. In case of any query, please contact to AGM (MM) EB,MTNL,New Delhi 34. In case of difficulty in online bid submission, please contact on 011-24105218.

19

35. CONTACTING THE PURCHASER:

35.1 Subject to clause 30 of Section II, 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, or at any other time and in the event of its being so established by MTNL, the bidder’s tender may be cancelled.

35.2 Any effort by a bidder to modify his bid or influence the Purchaser, in the Purchaser’s bid evaluation, bid comparison or contract award decisions, may result in the rejection of the bid.

36. AWARD OF CONTRACT: PLACEMENT OF ORDER

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. Order will be placed on the bidder whose prices are evaluated lowest (i. L1 Bidder) . The Purchaser reserves the right to counter offer price(s) against price(s) quoted by any bidder.

37. PURCHASER’S RIGHT TO VARY QUANTITIES AT THE TIME OF AWARD OR PLACING ORDERS:

PURCHASER’S RIGHT TO VARY QUANTITIESa. MTNL will have the right to increase or decrease up to 25% of the value 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.

b. In exceptional situation where the requirement is of an emergent nature and it is necessary to ensure continued supplies from the existing vendors, the purchaser reserves the right to place repeat order up to 50% of the value of goods and services contained in the running Tender/contract within a period of twelve months from the date of commissioning/commercialization of the project (date of acceptance of APO of the items procured in case where no installation, commissioning is involved) at the same rate or a rate negotiated(downwardly) with the existing vendors considering the reasonability of rates based on prevailing market conditions and the impact of reduction in duties and taxes etc.

c. Further if required, an additional order for 50% of the value of the goods & services limited to100% of the value of goods and services contained in the running tender/contract may be placed within a period of twelve months from the date of commissioning/ commercialization of the project (date of acceptance of APO of the items procured in case where no installation, commissioning is involved) on the existing vendors at the same rate or a rate negotiated.Explanation: For the purpose of Clause 37(b) above, date of commissioning/TOC of the project shall be taken as date on which the commercial utilization of the equipment is started by MTNL for provisioning of services to subscribers.

38. PURCHASERS’S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS

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 to contract without assigning any reasons whatsoever and without thereby incurring any liability to the affected bidder or bidders on the grounds of the Purchaser’s action.

39. ISSUE OF ADVANCE WORK/PUCHASE ORDER

20

39.1 The issue of an Advance Work/Purchase Order shall constitute the intention of the Purchaser to enter into contract with the bidder.

39.2 The bidder shall within 14 days of issue of the advance work/purchase order, give his acceptance along with performance security in conformity with Section-IX provided with the bid document.

40. SIGNING OF THE CONTRACT:

40.1 The issue of Purchase/Work order shall constitute the award of contract on the bidder.

40.2 Upon the successful bidder furnishing performance security pursuant to clause 4 of Section III, the Purchaser shall discharge the bid security in pursuant to clause 22 of Section II.

41. ANNULMENT OF LETTER OF INTENT/APO:

Failure of the successful bidder to comply with the requirement of clause 40 above shall constitute sufficient ground for the annulment of the acceptance of the bid and forfeiture of the bid security in which event the Purchaser may make the offer to any other bidder at its discretion or call for new bids.

42. QUALITY ASSURANCE REQUIREMENTS:

The bidder shall have Quality Management System supported and evidenced by the following:

- A Quality Policy.

- A management representative with authority and responsibility for fulfilling QA requirements and for interfacing with purchaser in the matters of Quality.

- Procedure for controlling design/production engineering, materials, choice of components/vendors, manufacturing and packaging process for supplying quality products.

- System of Inward Good Inspection.

- System to calibrate and maintain required measuring and test equipment.

- System for tracing the cause for non-conformance (traceability) and segregating product which don’t conform to specifications.

- Configuration management and change-control mechanism.

- A quality plan for the product.

- Periodical internal quality audits.

- A ‘Quality Manual’ detailing the above or infrastructure assessment certificate and Type Approval Certificate issued by “TEC” if applicable or Internationally/Industry accepted validation issued by recognized international agency shall be furnished.

43. Rejection of Bid: While all the conditions specified in the Bid documents are critical and are to be complied, special attention of bidder is invited to the following clauses of the bid documents. Non-compliance of any one of which shall result in outright rejection of the bid.

21

43.1 Rejection at the opening stage itself:

The bids will be rejected at opening stage if following is not submitted:a. Cost of bid document of Rs.4200/- as per clause 1.3 of Notice for NIT b. Bid security of Rs.27,15,,000/ valid for a period of 180 days from the date of opening

as per Clauses 22 of Section II. c. bid validity is less than the period prescribed in Clause 23 of Section II (150 days

from the date of opening) d. Power of attorney for signing the bid.e. Certificate from Wi-Fi OEM regarding single authorization as per annexure XVII

section IX.

43.2 Rejection at Evaluation stage:

a. Clause 4 & 14 of Section II: If the eligibility condition as per clause 4 of Section- II is not met and/or documents prescribed to establish the eligibility as per Clause 14 of section II are not enclosed, the bids will be rejected without further evaluation.

b. Clause 21.3 (c) of Section II: In absence of clause-by-clause compliance, the bid will be rejected at the stage of primary evaluation. In case of no deviations, a statement to that effect must be given.

c. Section III Commercial conditions, Section IV Special Conditions of Contract & Section VI Technical Specifications: Compliance if given using ambiguous words like “Noted”, “Understood”, “Noted & Understood” shall not be accepted as complied.

d. Section VII Price Schedule: Prices are not filled in as prescribed in price schedule.

44. At any stage of evaluation, the tender evaluation committee may seek any type of clarification which it deem fit from the bidders to facilitate fair and unambiguous examination of the bids.

45. Purchaser reserves the right to disqualify the bidder for a period of 3 years who either failed to supply the equipment in time and/or whose equipment do not perform satisfactory in the field in accordance with the specifications.

46. Purchaser reserves the right to blacklist a bidder for a period of 3 years in case he fails to honor his bid without sufficient grounds.

47. The bidder should give a certificate that none of his/her near relative is working in the units as defined below where he is going to apply for the tender. In case of proprietorship firm certificate will be given by the proprietor. For partnership firm certificate will be given by all the partners and in case of limited company by all the Directors of the company excluding Government of India/Financial institution nominees and independent non-Official part time. Directors appointed by Govt. of India or the Governor of the state. Due to any breach of these conditions by the company or firm or any other person the tender will be cancelled and Bid Security will be forfeited at any stage whenever it is noticed and MTNL will not pay any damage to the company or firm or the concerned person. The company or firm or the person will also be debarred for further participation in the concerned unit.

The near relatives for this purpose are defined as: -

(a) Members of a Hindu undivided family.(b) They are husband and wife.

22

(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). (Annexure-XV SECTION-IX)

*****

23

SECTION - IIIGENERAL (Commercial) CONDITIONS OF CONTRACT

1. APPLICATION:The general conditions shall apply in all contract made by the Purchaser for the procurement of goods.

2. STANDARDS:The goods supplied under this contract shall conform to the standards mentioned in the Technical Specifications.

3. PATENT RIGHTS:

The bidder shall indemnify the purchaser against all third-party claims/actions 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:

4.1 The bidder shall furnish performance security to the purchaser for an amount equal to 5% of the value of purchase order within 14 days from the date of issue of Advance Purchase Order by the Purchaser. The bidders (Small Scale Units) who are registered with National Small Scale Industries Corporation UNDER SINGLE POINT REGISTRATION SCHEME are exempted from payment of performance security upto the amount equal to their monetary limit. In case of bidders having monetary limit as “NO LIMIT”, “WITHOUT LIMIT”, OR “MORE THAN Rs. 50 LAKHS”, the exemption will be limited to Rs. 50 LAKHS only. A proof regarding current registration with NSIC for the TENDERED ITEMS will have to be attached along with the bids.

4.2 The proceeds of the performance security shall be payable to the Purchaser as compensation for any loss resulting from the bidder’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 Annexure I of Section IX of this Bid Document.

4.4 The performance security Bond will be discharged by the Purchaser after completion of the bidder’s performance obligations including any warranty obligations under the contract.

5. ACCEPTANCE PROCEDURE / INSPECTIONS AND TESTS:

5.1 The purchaser or his representative or his authorised agency shall have the right to inspect and test the goods for their conformity to the Specifications. The test schedule will be submitted by the bidder and the same will be approved by the MTNL. In case the purchaser decides to conduct such tests on the premises of the bidder or its sub-contractor(s), all reasonable facilities and assistance like Testing Instruments and other test gadgets including access to drawings and production data shall be furnished to the inspectors at no charge to the Purchaser.

5.2 Should any inspected or tested goods fail to conform to the specifications, the Purchaser may reject them and the Bidder shall either replace the rejected goods or make all alterations necessary to meet specification requirements free of cost to the Purchaser.

24

5.3 Notwithstanding the pre-supply tests and inspections prescribed in Clause 5.1 to 5.2 of Section-III, the equipment and accessories on receipt in the Purchaser's premises will also be tested during and after installation before "take over" and if any equipment or part thereof are found defective, the same shall be replaced free of all costs to the purchaser at site as laid down in clause 5.4 of Section-III, within such time so as not to delay the project commissioning.

5.4 If any equipment or any part thereof, before it is taken over under 5.5 of Section-III, be defective or fails to fulfil the requirements of the contract, the inspector shall give the bidder notice setting forth details of such defects or failure and the bidder, shall make the defective equipment good, or alter the same to make it comply with the requirements of the contract forthwith and in any case within a period not exceeding two weeks of the initial report. These replacements shall be made by the bidder free of all charges at site. Should it fail to do so within this time, the Purchaser reserves the right to reject and replace at the cost of the bidder the whole or any portion of the equipment as the case may be. Also any additional cost arising due to such delay shall be borne by the contractor. This shall also include the cost of extra stay of inspection team etc. The cost of any replacement made by the purchaser or additional cost referred above shall be deducted from the amount payable to the bidder.

5.5 When the performance tests called for have been successfully carried out, the inspector / ultimate consignee will forthwith issue a Taking Over Certificate. The inspector /ultimate consignee shall not delay the issue of any “taking Over Certificate” contemplated by this clause on account of minor defects in the equipment which do not materially affect the commercial use thereof provided that the bidder shall undertake to make good the same in a time period not exceeding six months. The Taking over Certificate (TOC) shall be issued by the ultimate consignee within six weeks of successful completion of tests.

5.6 Nothing in clause 5 shall in any way release the bidder from any warranty or other obligations under this contract.

5.7 Inspection and testing shall be as per provisions in the Technical Specifications.

5.8 Unless specified otherwise inspecting authority shall be MTNL as per clause 5.1 of Section-III or any other agency authorized by MTNL.

6. DELIVERY AND DOCUMENTS:

6.1 Delivery of the goods shall be made by the bidder in accordance with the terms specified by the purchaser in its Schedule of requirements and in the Special Conditions. The goods shall remain at the risk and responsibility of the bidder until commissioning has been completed.

6.2 The delivery of the equipment shall commence as specified and be completed within time schedule specified in the tender.

6.3 MTNL shall be allowed to reproduce strictly for its own use as per requirements handbooks and drawings of the equipments for training, installation and maintenance requirements. Handbooks shall be written in a clear and precise form in the English language to ensure efficient installation, testing and maintenance of all Equipment / system supplied. Standard instruction manuals and handbooks shall also be supplied by the contractor. All technical assistance for installation, commissioning

25

and monitoring of the equipment shall be provided by the bidder at no extra cost during laboratory evaluation, ACCEPTANCE TESTING and field trial if any.

7. TRAINING:

7.1 The successful bidder shall provide 100 man-days training in MTNL training center, free of cost, in areas of Installation, Operation, Testing & Maintenance of Systems supplied by the bidder to MTNL officers/officials as per its requirement.

7.2 The training will be of two level i.e Core technical level and Operation & Maintenance (O&M) level.

7.3 The quality and content of the training shall be so designed that the MTNL officers will be sufficiently exposed to all the aspects of engineering, installation, testing, provisioning, operations, maintenance and customer care etc of the supplied equipments/ solution. The training modules and their duration shall be finalized by the selected bidder in consultation with purchaser. Detailed training material shall also be supplied by the selected bidder to enable MTNL to train more number of officers independently.

8. SPARES:

8.1 The vendor shall quote his prices of complete equipment as per Price Schedule keeping in view the free supply of all spares (minimum 5%) as recommended by the bidder for three year warranty and four years AMC period. For this purpose, the vendor shall submit a detailed list in the tender itself. Out of these spare parts; vendor shall keep spare parts, as mentioned in Section VB, with MTNL during warranty and AMC period. These spares shall be supplied along with main equipment. A certificate to ensure that these spares shall be sufficient for maintenance during the warranty period and AMC period, shall have to be given by the bidder and any additional spares or any additional quantities of above mentioned spares, if required, shall be supplied free of cost. These spares will not be paid for separately.

8.2 Further the vendor shall be required to provide a list of the spare parts as the purchaser may elect to purchase from the vendor provided that such purchase shall not relieve the vendor of any warranty or other obligations under the contact.

8.3 In the event of termination of production of the spare parts, the bidder shalla. Give advance notification to the purchaser pending termination (not less than

two years), in sufficient time to enable the purchaser to procure life time spares, and

b. Follow such advance intimation of termination, furnish at no cost to the purchaser, the blue prints, drawings and specifications of the spare parts, if and when requested.

Over a period of seven years starting from the date of final commissioning, the vendor shall supply at its own cost, all necessary spares which have not been included in the offer a part of the requirement. These spares should be supplied within a maximum period of 30 days from the notification by the purchaser.

8.4 After the expiry of warranty/AMC Contract, it shall be optional for MTNL not to enter the AMC contract further with the contractor. In such circumstances the contractor will be bound to hand over the spare parts / sub-assemblies /printed circuit boards etc to MTNL without any financial implications to MTNL.

9. WARRANTY:

26

9.1 The bidder shall warrant that the stores to be supplied shall be new and free from all defects and faults in materials used, workmanship and manufacture and shall be of the highest grade and consistent with the established and generally accepted standards for materials of the type ordered and shall perform in full conformity with the specifications and drawings. The bidder shall be responsible for any defect that may develop under the conditions provided by the contract and under proper use, arising from faulty material, design or workmanship such as corrosion of the equipment, inadequate quantity of material to meet equipment requirements, inadequate contact protection, deficiencies in circuit design and/or otherwise and shall remedy such defects at his own cost when called upon to do so by the Purchaser who shall state in writing in what respect the stores are faulty. This warranty shall survive inspection or payment for / and acceptance of goods, but shall expire (except in respect of complaints notified prior to such date) three year after the equipment has been taken over under clause 5.5 section-III above. Warranty shall also include replacement of faulty Software.

9.2 The period of Warranty for all Wi-Fi & other equipment supplied under this tender (including spares, passive and consumables) shall be three years from the date the equipment in the network has been taken over as per the provisions clause 5.5 Section III (General Conditions) of the tender document.

9.3 If it becomes necessary for the Bidder to replace or renew any defective portion(s) of the equipment under this clause, the provisions of the clause 9.1 of Section-III shall apply to the portion(s) of the equipment so replaced or renewed or until the end of the above mentioned period of three year, whichever may be later. If any defect is not remedied by the bidder within a reasonable time, the Purchaser may proceed to get the defects remedied from other bidder etc., at the bidder’s risk and expenses, but without prejudice to any other rights which the purchaser may have against the bidder in respect of such defects.

9.4 The period of warranty will start from the date of taken over certificate (TOC) of the project. During the warranty and AMC the bidder shall be responsible for the maintenance, Repair and replacement of any faulty network element including passive material if required.

9.5 The licenses will be provided for validity on perpetual bases.

9.6 Replacement under warranty clause shall be made by the bidder free of all charges at site including freight, insurance and other incidental charges.

10. PAYMENT TERMS:Payment shall be made in Indian Rupees. Payment to the vendor will be made on achievement of the milestones as defined in the table below and on submission of the required documents as stated under clauses 10.1, 10.2 and 10.3. :

27

Stage

On Achievement of Milestone

Core network Access Network

I & C Cost (In %age

INR)

Passive Service Charges (In %age

INR)

Hardware Cost of Core Equipment (In %age INR)

Software & license Cost of Core n/w (In %age INR)

Active Element

cost (In %age

INR)

Software & licence

cost (if any)

Passive material cost (In

%age INR)

1

Delivery of goods in satisfactory condition and handing over of spare parts to MTNL.

50 0 50 0 50 0 0

2

Installation and commissioning of NOC equipment +installation , commissioning and integration of access network at 10 Sites with NOC

10 50 40% of 10 sites

90% for 10 sites

40% of 10 sites 0 0

3

installation , commissioning and integration of access network at additional 300 Sites with NOC

10 10 40% of 300 sites

90% for 300 sites

40% of 300 sites 20 90% of

310 sites

28

4

installation , commissioning and integration of access network at additional 300 Sites with NOC

10 10 40% of 300 sites

90% for 300 sites

40% of 300 sites 20 90% of

300 sites

5

installation , commissioning and integration of access network at remaining Sites with NOC

0 10

40% of remainin

g executed

sites

90% for remaining execute

sites

40% of remainin

g executed

sites

10

90% of remaining executed sites

6

Project commissioning and TOC and commercial utilisation of the network under this project

10 10 0 0 0 40 0

7

Payment of un-installed APs ,switches and related passive components(if Any) after 3 month of commissioning of network.

0 0 0

90% of un-

installed active

element

90% of un-installed passive

component

8

After completion of one year from the date of final commissioning of the project

10 10 10 10 10 10 10

Note:

The validity of warranty period will start from TOC date i.e stage 6 .

The license and software will be provided with validity on perpetual bases.

29

10.1 For the Core Network Elements and Wi-Fi Access Points along with other materials:

i) Invoice clearly indicating break up details of composite price i.e. basic price, Sales Tax and other non CENVAT-able Duties and Taxes, Freight/Packing Charges etc.

ii)QA test certificate of the goods (Indigenous equipments) and Factory test report (Imported equipments) if applicable.

iii) Packing List.

iv) Bidder’s Certificate that the amounts in the invoice are correct in terms of the contract and that all terms and conditions of the contract have been complied with.

v) The sea freight receipt as per the rates approved by the Ministry of water (wherever applicable) and Surface Transport if any.

vi) Consignee’s certificate that equipment has been received in good condition. The consignee shall issue the receipt of equipment only after the production of Excise/Custom Gate Pass by the bidder.

vii) Excise gate pass/ Invoice or equivalent document.

viii) Proof of payment of Octroi/ Entry Tax etc. if any.

ix) Transit Insurance Certificate

10.1.1 Non-commissioned APs have to be successfully tested for their functionality by MTNL.

10.2 For Services (Installation, Testing & Commissioning): As per table under clause 10 and submission of necessary documents.

10.2.1 For AMC, the payment (excluding CENVAT-able Duties and Taxes) shall be released in arrears on quarterly basis at the end of each quarter, after successful completion of the warranty period of three Year from the date of Taken over certificate (TOC) of the project as per clause 16 of Section-IV B & as per AMC agreement (as per Annexure-I of Section IV B).

10.3 Form-C and also a certificate stating that the tendered item (stores) are meant for the use of MTNL shall be provided by the purchaser on the request of the bidder as and when asked for.

10.4 (i) Payment of CENVAT-able duties and taxes shall be released on production of necessary supporting documents i.e excise/ customs invoices etc. in respect of the Duties/taxes which are CENVAT-able. If the bidder fails to furnish necessary supporting documents i.e. Excise/Custom invoices etc. in respect of the Duties/taxes which are CENVAT-able, the amount pertaining to such Duties/Taxes will not be paid.

30

(ii) Payment of service tax shall be made on production of copy of challan for payment of service tax along with self certification/declaration by the vendor certifying that the service tax claimed has been paid against the said challan”

(iii) No payments shall be made for the goods rejected at the site on testing.

10.5 The payment in respect of un-installed APs & other passive material excluding passive services will be made after 3 months of Taken over certificate (TOC) of project as per terms of NIT.

11. PRICES:

11.1 (i) (a) Prices charged by the bidder for goods delivered and services performed under contract shall not be higher than the prices quoted by the Bidder in his Bid.

(b) In the case of revision of non- CENVAT-able Statutory Levies/Taxes during the finalization period of tender, the Purchaser reserves the right to ask for reduction in the prices. However, no increase shall be permitted.

(ii) (a) Prices mentioned in Col. 11 of Table-I & Col.13 of Table-2 of the Price Schedule in Section-VII Part-II of the Bid Document once fixed will remain valid during the scheduled period of contract. Increase and decrease of Taxes and other statutory non- CENVAT-able duties will not affect the price during this period. The revision of CENVAT-able duties (both increase & decrease) shall be allowed while reimbursing the same.

(b) Any increase in taxes and other statutory non CENVAT-able duties/levies after the expiry of the delivery date shall be to the bidder’s account. However, benefit of any decrease in these taxes/duties shall be passed on to the Purchaser by the bidder. The revision of CENVAT-able duties (both increase & decrease) shall be allowed while reimbursing the same in extended delivery period.

11.2 (i) Vendors should furnish the correct E.D./Customs tariff Head in the Price Schedule. If the credit for 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 or any other reason, then the vendors will refund such non-admissible amount, if already paid along with penalty if charged by the concerned authority.

(ii) 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 bidder is 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. However, in case the CENVAT Credit is not available for this amount, then the vendors will refund the amount equivalent to such Duties & Taxes if already paid to them.

31

(iii) 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.

(iv) The basic prices of items for any requirement for add on orders shall remain firm. The duties/taxes shall be paid as per rates applicable at the time of placement of orders (Both CENVAT-able & Non-CENVAT-able) for any add-on orders.

12. CHANGE IN PURCHASE ORDERS:

12.1 The purchaser may, at any time, by a written order given to the bidder, 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 furnished 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 bidder.

12.2 If any such change causes an increase or decrease in the cost 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 bidder for adjustment under this clause must be made within thirty days from the date of receipt of the change in order.

13. SUB-CONTRACTS:

13.1 The bidder/the bidder cannot assign/transfer and sub-contract its interests/obligations under the contract without the prior written permission of the purchaser.

13.2 The bidder shall notify the Purchaser in writing of all sub contracts awarded under this contract if not already specified in his bid. Such notification, in his original bid or later shall not relieve the bidder from any liability or obligation under the contract.

14. DELAYS IN THE BIDDER’S PERFORMANCE14.1 Delivery of the Goods and performance of the services shall be made by the Bidder

in accordance with the time schedule specified by the purchaser in its purchase order. In case the supply is not completed in the stipulated delivery period, as indicated in the Purchase Order, purchaser reserves the right either to short close /cancel this purchase order and/or recover liquidated damage charges. The cancellation/short closing of the order shall be at the risk and responsibility of the bidder and purchaser reserves the right to purchase balance unsupplied item at the risk and cost of the defaulting vendors.

14.2 Delay by the Bidder in the performance of its delivery obligations shall render the Bidder liable to any or all of the following sanctions: forfeiture of its performance

32

security, imposition of liquidated damages and/or termination of the contract for default.

14.3 (a) If at any time during the performance of the contract, the bidder encounters condition impending timely delivery of the goods and performance of service, the bidder shall promptly notify to the Purchaser in writing the fact of delay, its likely duration and its cause(s). As soon as practicable after receipt of the bidder’s notice, the Purchaser shall evaluate the situation and may at its discretion extend the period of performance of the contract subject to furnishing of additional bank guarantee in the format provided in annexure II of Section -IX, by the bidder @ 5% of the total value of the Purchase Order.

(b) The vendor has to submit their request for extension along with the required additional BG, undertaking as per Clause 22 Section-III (Fall Clause). The decision regarding extension shall be communicated within two weeks of the receipt of request.

(c) The initial validity of Additional Bank Guarantee shall be 1½ years. The validity of Bank Guarantee may be extended if required.

(d) The additional Bank Guarantee shall be released after three months from the date of successful commissioning/continued satisfactory commercial use for 3 months whichever is earlier.

14.4 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.

15. LIQUIDATED DAMAGES:

15.1 The date of delivery of the stores and Installation Commissioning stipulated in the acceptance of the tender should be deemed to be the essence of the contract and delivery/Installation & Commissioning must be completed not later than the dates specified therein. Extension will not be given except in exceptional circumstances. Should, however, deliveries be made/installation & commissioning is delayed after expiry of the contracted delivery period, without prior concurrence of the purchaser and be accepted by the consignee, such delivery/installation & commissioning will not deprive the purchaser of his right to recover liquidated damage under clause 15.2 below.

15.2 (a) FOR DELIVERY OF STORES: -

Should the bidder fails to deliver the store or any consignment thereof within the period prescribed for delivery, the purchaser shall be entitled to recover 0.5 % of the value of the delayed supply for each week of delay or part thereof for a period up to 10 (TEN) weeks and thereafter at the rate of 0.7% of the value of the delayed supply for each week of delay or part thereof for another TEN weeks of delay. In the case of package supply where the delayed portion of the supply materially hampers installation and commissioning of the systems, L/D charges shall be levied as above on the total value of the concerned package of the Purchase Order.

(b) FOR INSTALLATION & COMMISSIONING:

Should the bidder fail to install and commission the project within the stipulated time the purchaser shall be entitled to recover 0.5 % of the value of the purchase

33

order for each week of delay or part thereof for a period up to 10 (TEN) weeks and thereafter @ 0.7 % of the value of purchase order for each week of delay or part thereof for another 10 (TEN) weeks of delay. In cases, where the delay affects installation/commissioning of part of the project and part of the equipment is already in commercial use, then in such cases, LD shall be levied on the affected part of the project.

(c) The liquidated damages as per clause 15.2 (a) and 15.2 (b) above shall be limited to a maximum of 12%, even in case the DP Extension is given beyond 20 weeks.

15.3 Provisions contained in clause 15.2 (a) shall not be applicable for durations (periods) which attract L.D. against clause 15.2 (b) above.

15.4 Quantum of liquidated damages assessed and levied by the purchaser shall be final and not challengeable by the bidder.

16. FORCE MAJEURE:

16.1 If at anytime, during the continuance of this contract, the performance in whole or in part by either party of any obligations under this contract shall be prevented or delayed by reason of any war, or hostility, acts of the public enemy, civil commotion, sabotage, fires, floods, explosions, epidemics, quarantine restriction, strikes, lockouts or act of God (Hereinafter referred to as events) provided notice of happenings, of any such eventuality is given by the 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 and contract shall be resumed as soon as practicable after such event may come to an end or cease to exist, and the decision of the MTNL as to whether the deliveries have been so resumed or not shall be final and conclusive, provided further that if the performance in whole or part of any obligation under this contract is prevented or delayed by reason of any such event for a period exceeding 60 days either party may, at its option terminate the contract.

16.2 Provided also that if the contract is terminated under this clause, the purchaser shall be at liberty to take over from the contractor 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 manufacturer in possession of the contractor at the time of such termination of such portions thereof as the purchaser may deem fit excepting such materials / bought out components and stores as the contractor may with concurrence of the purchaser elect to retain.

17. TERMINATION FOR DEFAULT:

17.1 The purchaser may, without prejudice to any other remedy for breach of contract, by written notice of default, sent to the Bidder, terminate this contract in whole or in part.

(a) If the bidder fails to deliver any or all of the goods/services within the time period(s) specified in the Contract, or any extension thereof granted by the Purchaser pursuant to Clause 14 above.

(b) If the bidder fails to perform any obligation(s) under the Contract; and

(c) If the Bidder, 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.

34

(d) In case of security breach.17.2 In the event of Purchaser terminates the contract in whole or in part, pursuant to

clause (17.1), the Purchaser may procure, upon such terms and in such manner as it deems appropriate, goods similar to those undelivered and the bidder shall be liable to the Purchaser for any excess cost for such similar goods. However, the bidder shall continue performance of the contract to the extent not terminated. The purchaser may, without prejudice, on the happening of any of circumstances, to its other rights under law or the contract provided elsewhere, purchase the balance quantity of the goods at the risk and cost of the bidder and look to him for the payments thereof and can also claim a set off of any dues payable under the contract to the bidder against his any dues under the contract or any previous contract.

18. TERMINATION FOR INSOLVENCY:The Purchaser may at any time terminate the contract by giving written notice to the Bidder, without compensation to the Bidder, if the bidder becomes unwilling, bankrupt or otherwise insolvent, provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the purchaser.

19. ARBITRATION

19.1 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 ED, MTNL Delhi or in case his designation is changed or his office is abolished, then in such cases to the sole arbitration of the officer for the time being entrusted (whether in addition to his own duties or otherwise) with the functions of the ED, MTNL Delhi or by whatever designation such an officer may be called (hereinafter referred to as the said officer), and if the ED or the said officer is unable or unwilling to act as such, then to the sole arbitration of some other person appointed by the ED or the said officer. The agreement to appoint an arbitrator will be in accordance with the Arbitration and Conciliation Act 1996. There will be no objection to any such appointment on the ground that the arbitrator is a Government Servant or that he has to deal with the matter to which the agreement relates or that in the course of his duties as a Government Servant he has expressed his views on all or any of the matters in dispute. The award of the arbitrator shall be final and binding on both the parties to the agreement. In the event of such an arbitrator to whom the matter is originally referred, being transferred or vacating his office or being unable to act for any reason whatsoever, the ED, MTNL Delhi 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.

19.2 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.

19.3 The venue of the arbitration proceeding shall be the office of the ED, MTNL Delhi or such other places as the arbitrator may decide.

20. SET OFF:

Any sum of money due and payable to the bidder (including security deposit refundable to him) under this contract may be appropriated by the purchaser or the MTNL or any other person(s) contracting through the MTNL and set off the same

35

against any claim of the Purchaser or MTNL 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 bidder with the Purchaser or MTNL or such other person(s) contracting through the MTNL.

21. The bidder should 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 should also be submitted. No change in either technology or product shall be permitted after opening of bids.

22. FALL CLAUSE:

22.1 The prices will be governed as per provisions in Clause 11.1 of Section III. Further, if at any time during the contract;

(a) It comes to the notice of purchaser regarding reduction of price for the same or similar equipment/service;

And / Or

(b) The prices received in a new tender for the same or similar equipment/ service are less than the prices chargeable under the contract.The purchaser, for the purpose of delivery period extension, if any, will determine and intimate the new price, taking into account various related aspects such as quantity, geographical location etc. and the date of its effect for the balance quantity/service to the vendor. In case the vendor does not accept the new price to be made applicable during the extended delivery period and the date of its effect, the purchaser shall have the right to terminate the contract without accepting any further supplies. This termination of the contract shall be at the risk and responsibility of the bidder and the purchaser reserves the right to purchase the balance unsupplied quantity/service at the risk and cost of the defaulting vendor besides considering the forfeiture of his performance security and Additional Bank Guarantee.

22.2(a) The vendor while applying for extension of time for delivery of equipment /services, if any, shall have to provide an undertaking as “We have not reduced the sale price, and/or offered to sell the same or similar equipment/service to any person/ organization including Department of central/state Government or any central/state PSU at a price lower than the price chargeable under the contract for scheduled delivery period.”

(b) In case undertaking in Clause 22.2 (a) is not applicable, the vendor will give the details of prices, the name(s) of purchaser, quantity etc. to the purchaser,

while applying extension of delivery period.

23. MTNL reserves its rights to remove from list of approved bidders / contractors or to ban business dealings if any bidder/contractor who has been found to have committed misconduct and also to suspend business dealings pending investigation.

36

SECTION IV-A

SPECIAL CONDITIONS OF CONTRACT

1. The special conditions of the contract shall supplement the 'Instructions to the Bidders' as contained in Section II & "General (Commercial) Conditions of the Contract" as contained in Section III . Wherever there is a conflict, the provisions under special conditions of contract shall prevail over those in Section II, Section III and TEC GRs. (if required)

2. As part of their bid, the bidders will submit supporting documents like test results etc. wherever applicable to prove their eligibility of tender requirements.For each type of item, Bidder will clearly indicate the Model number, Chipset number, complete hardware / software details and the features supported by these items.

3. MTNL at its discretion, during evaluation, may call upon the bidders to give their presentation on their offer, to explain the capability of the offered product in meeting the tender’s requirement.

4. Purchaser reserves the right to disqualify such bidders who have a record of not meeting contractual obligations against earlier contracts entered into with the Purchaser.

5. In its business interests, MTNL reserves the right to utilize the equipments commercially, pending Acceptance testing. However, the payment to the bidder will be made as per the payment terms in Clause 10 of Section- III.

6. Eligibility Verification: MTNL Reserves the right for verification by visiting some of the installation sites implemented by vendor. The vendor will make necessary arrangements for inspection/verification by MTNL team whereas the cost of travelling and lodging/boarding of MTNL team will be borne by MTNL. The bidder shall have to demonstrate the project as envisaged in the eligibility criteria.

7. MTNL reserves the right to vary the quantities among various types of APs as per its actual requirements.

8. There should be Ubiquitous RF coverage of -65 dBm or better along-with 10 Mbps downlink throughput. Quality of browsing experience (website surfing-mail, You-tube video streaming etc) at proper speed will be ensured by the bidder in the entire coverage area. QoE may be tested with smartphone like I-phone-IV etc.

9. For in house/open area coverage sector antenna may be provided as per requirement to ensure minimum spill-over of Wi-Fi signal out-side the residence.

10. Supplied NMS should be integrated with existing FTTH AEMS ( Alphion make). Alphion EMS can be integrated to North Bound interface using the CORBA IDL based on the TMF 814 standards. Alphion will provide the NORTH BOUND interface CORBA IDL API’s whenever the NMS core is ready.

11. For Installation of out-door APs, Mounting poles/equipment will be provided by the vendor.12. The successful bidder shall have to successfully conduct a POC at ten location (minimum

three of each type) as identified by MTNL (It may be one MS flat and one private house/Bungalow)

13. Maintenance spares of minimum 5% of each equipment type will be provided by the bidder.(Indoor AP,Outdoor APs,Switch 8 & 16 ports etc) as per section VB.

14. Schedule of Requirement is based on MTNL’s estimate, in case the bidder feels that additional equipment is required to implement the solution successfully, he may quote additional equipment in technical and in price-bid, which will be included for the purpose of evaluation.

15. According to Estimates 60 Mtrs of CAT-6 Cabling is considered per AP at Bungalows and 30 Mtrs per AP at Flats (That also includes casing, capping, fitting and fixtures).

16. Ethernet cables and Ethernet connectors shall be provided by bidder. Any other material such as PVC pipes with accessories, corrugated PVC pipe, PVC baton, Clamps, Rawl Plugs, screws/nails/hooks/clips for fixing, fish-wire to pull the cable, crimping tools, drill machines, portable generator sets, field assembly connector tool kit etc required for successful installation/laying of cables, tools, lavour and transportation of store /material (including

37

loading & un loading) to the work site shall be provided by the successful bidder. These items should be as per tender specifications.

17. Ethernet cable from switch shall be laid in existing/new conduits, if feasible or where Ethernet cable with nail & hook fitting to ensure minimum exposure on the visible wall. This shall be done with due consent of the customer/subscriber.

18. The bidder shall provide three years warranty and four years AMC beyond warranty period. AMC may be extended further for three years on mutually agreed terms and conditions. During the warranty and AMC period the bidder will provide two service engineers on 7 days a week for attending to Wi-Fi service complaints.

19. DELIVERY SCHEDULE/PROJECT IMPLEMENTATION PLAN: Under the project, it is expected that the wifi installations and integration will be carried out at about 735 locations covering various types of residential/private premises in New Delhi Areas. Accordingly a project implementation plan as per details below is to be adhered to by the successful bidder:

Activity-wise PERT Chart for the project

S.N.

Project Execution Schedule (Time Line in Weeks)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18

1 Date of issue of APO (Day-0)

2

Submission of PBG and exceptance by vendor

2 week

3 Date of issue of PO 1

week

4 Delivery of equipment

      6 Weeks      

5 Site survey 6 Weeks

6

Execution with integration (core + 10 sites) Pilot stage

9 Weeks(Passive & Active)

7Execution with integration ( 300 sites)

11 Weeks(Passive & Active)

8

Execution with integration (Remaining sites approx. 300)

13 Weeks(Passive & Active)

38

9

Execution with integration (Remaining sites approx. 125+60)

14 Weeks(Passive & Active)

10

AT & Commissioning of the complete project

8 Weeks

20. Acceptance Testing: - Procedure for Acceptance Testing shall be as per the following -

20.1 To establish the compliance to the specifications / requirement as envisaged in the tender for supply of Wi-Fi , MTNL may conduct on-site acceptance testing of the items given in the Schedule of Requirement, for the successful bidder. The acceptance testing / acceptance testing is to be arranged in the city Delhi for which the bid has been submitted.

20.2 In their bid, the bidders are required to provide list of tests, which are proposed to be conducted during the acceptance testing to test the conformance of the equipment to the Technical Specifications. The test schedule and procedures for acceptance testing will be finalized by MTNL in consultation with the successful bidder.

20.3 The Bidder shall provide, at his own cost all the testing equipments/ instruments as

required for all the tests to be conducted for acceptance testing.

20.4 Any deficiency found in performance during acceptance testing of the supplied system as per the tender requirement, the same shall be rectified by the bidder immediately.

20.5 The bidder shall make available the software programs and testers required for carrying out the tests as per the schedule. Details of various items required for the above purpose may be specified in compliance to this clause.

20.6 Any additional test equipment deemed required during acceptance testing shall be arranged by the bidder at no cost to MTNL, so as to complete the testing as per the specified time schedule in this document.

20.7 The bidder has to quote prices for quantity of items as per SOR. If a bidder quotes prices for lesser quantity of items, then during evaluation the price bid will be increased prorate as per the SOR quantities and accordingly prorated value will be considered for comparison for arriving at L1 bidder. But payment shall be made as per his quoted prices.

20.8 The bidder may ensure for quoting BOM, for meeting the specifications as envisaged In the tender. In case it is more than as indicated in SOR then the same shall be taken for evaluation and payment.

20.9 Any additional material required for the commissioning of the project over and above quoted by bidder shall be given free of cost.

39

20.10 The acceptance testing will be conducted after deploying suitable numbers of Indoor and Outdoor APs, at least one LAN Switch, and all core network equipments like WLC, and NMS as per test setup. For deployment of APs, and other equipment for acceptance purpose, the sites will be provided by MTNL to the successful bidder.

20.11 The successful bidder has to start the acceptance testing of the offered equipments as per delivery schedule specified in clause No 19 section IV.

20.12 Any components or modules failing during the acceptance testing shall be replaced at no extra cost to the Purchaser at site by the bidder. These shall be shipped within four weeks of the initial reports. Should it fail to do so within this time, the purchaser reserves the discretion to reject and replace at the cost of the bidder the whole or any portion of equipment as the case may be, which is defective or fails to fulfill the requirements of the contract. The cost of any such replacement made by the purchaser shall be deducted from the amount payable to the bidder.

20.13 When the acceptance testing called for have been successfully carried out, the Ultimate consignee will issue a Taking over Certificate to the bidder. The ultimate consignee shall not delay the issue of any “Taking Over Certificate” contemplated by this clause on account of minor defects in the equipment which do not materially affect the commercial use thereof provided that the bidder shall undertake to make good the same in a time period not exceeding six months. The Taking Over Certificate shall be issued by the ultimate consignee within four weeks of successful completion of tests.

20.14 After successful carrying out of Acceptance testing as per preceding clauses, MTNL will certify the equipment as fit for commissioning & issue the TOC.

21. Quality Assurance (QA):

21.1 The supply of equipment manufactured in India will be accepted only after Quality Assurance tests are carried out by QA team of MTNL as per prescribed schedule and material passing the test successfully and after Excise gate pass issued by Excise authorities, Government of India for the purpose.

21.2 The supply of imported equipment shall be accepted, only if it is accompanied with factory test reports / certifications of various performance parameters as per special terms and conditions of the tender.

21.3 The details of QA tests, which will be carried out at factory, shall be submitted along with the bid. Any additional test required by MTNL shall also be included in the factory test. The QA will be conducted by MTNL QA, if felt necessary after award of purchase order to the bidder.

21.4 MTNL reserves the right to depute its representatives to the factory premises abroad to inspect/ verify/ witness the QA testing of equipments/software. All the expenses related to travel, boarding and lodging, etc. of MTNL officers shall be borne by MTNL or else MTNL may decide to carry out tests in India at bidder's factory premises.

21.5 A quality manual describing the QA system shall be submitted along with the bid, which should include the details about the component quality assurance and quality system practices, including data on critical components.

40

21.6 Bidder shall quote for complete bill of material and all other items of cost for complete scope of work. Any deficiency in bill of material or other items of cost will be provided by the bidder free of cost for successful implementation of the project.

22. In case, bidder has not quoted the cost for some of the items, it will be presumed that cost of such items is covered and is part of some other subsystem/ item and no extra amount is payable by purchaser. In the evaluation of bids, cost of such item shall be taken as ‘nil’ while the same shall be made available to purchaser as per requirement without any additional cost.

23. The successful bidder will be required to supply all material/goods required to make the equipment operative (even if it is not shown in the Bill of Material).

24. Make and Model of items:

(a) The bidder should indicate the make and model in respect of each item for which the offer has been given. The technical documentation supplied in support of compliance shall relate only to their offered equipments. MTNL at its discretion, in exceptional cases, after opening of the tender with reasons recorded in writing may allow the changes, provided that the changed equipment is of equal or higher version/capacity than the offered product in the tender.

(b) The purchaser shall have the right to use the itemized cost for add on order in future. The bidders should not quote two different prices for the same item in their offers.

25. Documentation: The bidder shall provide 2 sets (Each set containing one hard copy & one soft copy) of detailed documents on the proposed solution, equipment catalog, installation, operation & maintenance manuals , trouble shooting guide of system /network pertaining to the equipment supplied. Additional 2 booklets / documents containing Do’s & Don’ts for each of the activities i.e. equipments catalog , installation / O&M / trouble shooting etc. supported by diagrammatic / schematic presentation shall be provided . If the documentation does not conform to abovementioned details, or does not meet the requirements of the purchaser, the bidder shall make additions or alterations or supply new documentation as required by the purchaser. All documentation shall be printed and bound as per prevailing international practices and quality.

25.1 MTNL shall be allowed to reproduce strictly for its own use as per requirements, handbooks and drawings of the equipment for training, installation and maintenance requirements. Sufficient number of standard instructions manuals and handbooks shall also be supplied by the contractor.

26. Bidder will indicate the optimum infrastructure requirement such as space, power etc for installation of various Wi-Fi network equipments which will be provided by MTNL.

27. CONFIDENTIALITY:

27.1 Vendor and the MTNL shall treat all documents/data/software or part of them, which one may provide party to the other, as strictly confidential and maintain secrecy for the same.

41

27.2 Vendor and MTNL shall not publish, disclose any information about, make available or otherwise dispose of the document/ data/ software or any part or parts thereof to any third party, directly or indirectly without prior written consent of the other party to this agreement.

27.3 Vendor and the MTNL shall restrict access to the documents/ data/ software only to those of their employees to whom it will be felt necessary and relevant for this project and shall draw the provision of this undertaking to the personal attention of those of its employees to whom access to the document/data/software will be granted.

28. SCALABILITY:

All components of the architecture must support scalability to meet user demand and business requirements. Scaling is the ability of a system to handle increasing demands at an acceptable performance level. The bidder has to ensure that the proposed solution must be scalable to meet out not only the requirement as envisaged in this Tender but also future requirements depending upon MTNL's requirements. The supplied system should be software scalable to support up to 5,000 numbers of APs

29. Delivery and Execution Schedule:

29.1 The project schedule will be as per Clause-19 of section-IV with following details :i) All core equipment including APs, switches etc against Work/Purchase order

shall be supplied within 6 weeks from the date of Work/ Purchase Order.ii) The Installation and commissioning of supplied Core equipment at the NOC and

Complete work of providing wireless LAN including commissioning of APs at 10 sites shall be 9 weeks from the date of work/purchase Order.

iii) Complete work of providing wireless LAN including commissioning of APs at

additional 300 sites shall be 11 weeks from the date of work/purchase Order.iv) Complete work of providing wireless LAN including commissioning of APs at

another 300 sites shall be 13 weeks from the date of work/purchase Order.v) Complete work of providing wireless LAN including commissioning of APs at

remaining about 125 sites shall be 14 weeks from the date of work/purchase Order.

vi) The supply of APs against repeat order shall be made within 04 weeks from the

date of P.O for repeat order.

vii) The Installation and commissioning of APs against repeat order shall be done

within 8 weeks from the date of P.O for repeat order .

Note- MTNL reserve the right to pre-pone / postpone the supplies as per its requirement. However same will be done in consultation with the bidder.

30. Compliance to Applicable Law:42

30.1 Security Requirements:

a) The Bidder shall enable the Purchaser to comply with Applicable Laws including but not limited to notifications, circulars etc issued by DoT from time to time.

b) The Bidder recognizes and accepts that in order to make, maintain and ensure Purchaser's networks compliant with security related instructions and guidelines issued by the DoT from time to time, complete cooperation and commitment of the Bidder is necessary. To help and address the business continuity, communication, security requirements and security management of Purchaser's network, the Bidder shall execute an agreement on Rs. 50 Non judicial stamp paper in the form as contained in Annexure-XIII of Section IX of the Tender Document before issuance of any APO by the Purchaser. It is clarified that the execution of such agreement shall be a condition to the effectiveness of the Advance Purchase Order. The Bidder shall indemnify and hold harmless the Purchaser and its employees, agents, shareholders, directors, representatives, against any claims or penalty or consequence arising out of breach of the security related terms of the License as a result of breach or non-compliance by the Bidder with its obligations in this sub-Clause (b) or any separate agreement executed for this purpose.

 

It is clarified that any expenditure incurred by the Purchaser for complying with security related provisions as prescribed under Applicable Law shall be borne by the Bidder. In the event there is a breach of the security related provisions as prescribed under Applicable Laws, any penalty imposed by the DoT on the Purchaser shall be paid by the Bidder to the Purchaser. Further, any testing of Bidder's equipment including requirement of testing equipment shall be met by Bidder on his own cost.

30.2 Compliance with Licenses:

The Bidder shall assist and provide support as and when required to the Purchaser including the providing of information and documents to comply with the provisions of the Licenses, any amendments made thereto as well as any notifications, circulars, letters issued by DoT or any other Governmental Authority from time to time specially in relation to security clearance and lawful interception.

30.3 Security Clearance of foreign personnel:

All foreign personnel likely to be deployed by the Successful Bidder for any activity pertaining to this project shall obtain security clearance from the Government of India prior to their deployment. The security clearance will be obtained from Ministry of Home Affairs, Government of India.

30.4 Non-Compliance:

The Bidder, including their personnel, employees, associates and sub-bidders shall be solely responsible for complying with the statutes, laws, regulations, subordinate legislation, administrative orders and instructions issued by relevant Government Authorities, regarding, but not limited to, environment, industrial relations, security and taxation, during the performance of their respective obligations under this Contract. Without limiting the generality of the foregoing, the Bidder shall be

43

responsible for compliance with the Applicable Laws and similar regulations applicable to its activities hereunder, at its own cost and expenses.

In the event there is a delay by the Bidder which is solely attributable to Bidder in fulfilling its obligations under this Contract or any non-compliance or breach of obligations under this Contract by the Bidder due to which any Governmental Authority imposes sanctions on Purchaser, which results in financial and other liabilities on the Purchaser, the Bidder shall be liable to make good such loss immediately which has been suffered by the Purchaser.

30.5 In case at any stage, if it is found that the document in support of qualification to tender

conditions is forged or tampered with or manipulated to take undue advantage, then the

concerned bidder shall be liable for forfeiture of Bid Security or Performance Securityand/or debarring/ blacklisting from participation in any of the tenders of MTNL for at

leastone year.

30.6 Flexibility due to Technological changes:

Provisions on flexibility to accept advance produce/services/software due to change in technology, software either at the same price or lesser price at the discretion of MTNL/ Committee.

44

SECTION-IV BCOMPREHENSIVE ANNUAL MAINTENANCE CONTRACT

1. It shall be mandatory for the bidders to undertake the AMC contract for 4 years to be signed at the time of acceptance of APO for entire quantity proposed to be ordered. The selected bidder has to submit a signed copy of the AMC agreement along with the A.P.O. acceptance letter.

2. For this purpose the bidder shall quote all inclusive but exclusive CENVATable duties and taxes Comprehensive AMC charges for each year, year-wise for three years which shall become effective at the end of the warranty period. The cost shall be quoted as a lump sum including visits of the engineers or attending to faults and repairs and supply of spare parts etc.

3. However, service tax shall be paid extra as applicable. AMC charges shall be included in evaluation of price bid, by applying a notional discounting factor of 12% per year to arrive at the NPV (Net Present Value).

3.1 The quote for AMC should be as minimum 4%(percent) of equipment cost as well as absolute yearly charge in Rs. in price bid form of tender document. In case of any discrepancy in AMC quote given in percentage of equipment cost and as absolute value in Rs, the quote in absolute value shall be final. A bid without AMC quote shall not be considered for evaluation and rejected.

3.2 The yearly AMC prices quoted by the bidder(s) shall be transformed in NPV, for entire AMC period.

4. The Performance Bank Guarantee against the P.O. will be released only after submission of PBG against AMC in each field unit and fulfillment of other obligations of AMC or P.O. which are pre-requisite for release of the PBG.

5. Any Unit neither returned during the turn-around time period nor declared as RNP (Repair Not Possible) within 60 days of its handing over to the designated courier/agency/center, an amount equivalent to1.5 times the cost of equipment/unit shall be recovered from the bidder. This cost will not be counted as penalty, for the purpose of 25% cap on penalty as mentioned later in clause 8 (iii) & 8 (v).

5.1 Not more than 1% of each type of APs/Switches/cards / units/ PCBs / sub-modules etc sent for repair in a year will be declared as RNP (repair not possible) by the bidder. The declaration of RNP will be card wise unit wise only, no two types of cards/units sent for repair can be mixed for the purpose of calculation of 1% RNP cards in a year.

5.2 RNP equipment /cards/APs/switches etc shall not include physically damaged unit and units against which MTNL claims insurance (theft, major fire, any natural calamity).

5.3 For each RNP unit, as well as burnt out/damaged unit, a joint inspection report format shall be signed by bidder’s and MTNL’s representatives. This format shall also contain identified/ probable causes of damage and suggested preventive actions.

5.4 The bidder will not be allowed to declare RNP for any unit / card etc in the first 4 quarter of AMC. After the completion of first 4 quarters of AMC, the reimbursement in accordance to clause 4.1 shall be made by MTNL. For 1% cards declared as RNP as per clause 5.1 the MTNL shall give reimbursement. For the purpose of getting

45

reimbursement the bidder has to provide replaced cards at MTNL node. The invoice of these newly supplied cards has to be submitted along with the next AMC bill, no separate Purchase Order shall be issued for this purpose. In case bidder fails to provide the replaced RNP cards (declared as per clause 4.1) within the new first quarter of AMC. No reimbursement shall be given and the cost of RNP cards shall be recovered from bidders AMC payment.

5.5 The bidder shall clearly give the list of consumable items for the purpose of AMC. The comprehensive AMC (includes preventive maintenance and replacement) value in %age of original cost of each consumable item has to be quoted separately. MTNL can take decision to give any or all of these consumable items on AMC as per item wise rate (for each consumable items separately) quoted by bidder.

5.6 However, if MTNL so desires, the bidder shall be bound to provide these items at the itemized price in their bids for initial currency period of AMC.

6. The bidder shall, at the time of submitting the bid, submit the proposal specifying the fault control centres’ locations and how the bidder proposes to carry out repair under AMC. The bidder shall also keep spares with MTNL as per section V B . The infrastructure planned to be created by the bidder to fulfill his obligations under AMC and his action plan to deal with various situations arising out of hardware and software faults shall be clearly indicated.

7. The selected bidder shall submit a bank guarantee against AMC, valid for a period of AMC plus eight months, two months before the ongoing date of expiry of the PBG submitted against the P.O. Purchaser reserves the right to forfeit the PBG submitted with P.O., if the BG against AMC is not submitted in time.

7.1 Amount of Bank Guarantee will be equal to the highest of the yearly AMC charges. For any additional equipment, the amount of PBG shall be increased proportionately, or an additional PBG submitted for the additional amount, within a time period of one month from the date of such equipment getting covered under AMC.

7.2 The validity of the AMC-PBG shall have to be extended by the bidder to cover the whole period of AMC plus six months, if for any reason the date of start of AMC changes.

7.3 Operating field units will be the recipients and custodian for the relevant bank guarantee(s) against AMC and same unit(s) shall enter in to AMC agreement.

8. FAULTS: SEVERITY LEVELS, RESTORATION TIME & PENALTIES

(i) Amount of penalty per day on the basis of severity level of fault shall be as per AMC Contract Agreement.

(ii) A system of dispatch and receipt of challans shall be intimated by the field unit of

MTNL Decision of MTNL as to how the system is designed shall be final.

(iii) Penalty(s) shall be deducted from the quarterly bills. The maximum value of penalty for faults/card repairs, APs, switches etc. shall not exceed depreciated value of equipment in that year, provided reasonable AMC has been carried out. For this purpose rate of depreciation shall be taken @ 10% per annum on straight line principle.

46

(iv) If MTNL is not satisfied with the performance of the bidder during AMC, it reserves the right to term the AMC execution as un-reasonable, and communicate the same formally to the bidder through letters/phones/mails/SMSs during currency of the AMC. MTNL’s view in this regard shall be final.

(v) If the bidder fails to restore the fault within the time limit stipulated in the AMC, and/or if the bidder is unable to meet the deadline for repair/replacement of faulty equipment stipulated in the AMC, Penalties shall be applicable as per penalty clause of agreement format.

(vi) The fault will be rectified immediately by replacement with a good card/APs/Switches etc and the services restored to normal.

47

ANNEXURE-1 To Section-IV B

ANNUAL MAINTENANCE CONTRACT AGREEMENT FORMAT

T.E No.: MTNL/DEL/EB/Wi-Fi/2014-15/10

This agreement is made on the ________ day of ______(Month), _______(year) to be effective from ___________(Date) between M/s Mahanagar Telephone Nigam Limited a company registered under the Companies Act 1956 having its registered office at 5 th Floor, Mahanagar Door Sanchar Sadan, 9 CGO complex New Delhi – 110003 (hereinafter called MTNL) of the ONE PART and ____________________________a company registered under the Companies Act 1956 and having its registered office at ____________________________ (hereinafter called BIDDER which expression shall unless repugnant to the context, include its successors in business, legal representatives and administrators or permitted assigns) of the OTHER PART.

WHEREAS, MTNL has placed the purchase order on the BIDDER vide No. ___________________ dated ________ for supply, installation, commissioning and AMC of______________ equipment against tender No. ____________________ dated_____________.

WHEREAS the BIDDER has made the offer to duly comply with all the provisions of the Tender/Bid Document, including those pertaining to Post Warranty AMC Contract, after making himself fully aware and understanding fully the implications of the terms and conditions and specifications mentioned therein and which has been accepted by MTNL on the terms and conditions mentioned hereafter and after ascertaining that the BIDDER is fully capable of complying with the aforesaid terms of the Bid Document.

NOW the AGREEEMENT WITNESSETH as follows:

1. PERIOD OF VALIDITY OF THE AGREEMENT.

1.1 This Agreement shall remain in force for Four years from the date of completion of Three years warranty, while at the same time the terms and conditions of this agreement except for payment of charges to the BIDDER shall also apply during warranty period.

1.2 Extension of this Agreement shall be negotiable for the second term depending on the performance of the BIDDER during the period of the initial term.

1.3 PBG for AMC is required before entering into contract for AMC.

2. In addition to complying with all the terms and conditions recorded in the Tender/Bid Document, the BIDDER hereby agrees and unequivocally undertakes to fully comply with all the terms and conditions stipulated in this Agreement and without any deviation or reservations of any kind.

3. Unless otherwise mentioned or appearing from the context, the Tender (Bid) Document and any clarifications thereof and the purchase order shall form part and parcel of this agreement, provided that in case of conflict or inconsistency on any issue relating to this Agreement, the terms set out in the body of this agreement

48

with schedules and Annexure thereto shall prevail.

4. During the period of ANNUAL MAINTENANCE CONTRACT the BIDDER shall inter alia

(i) Diagnose the hardware and software faults.(ii) Rectify the hardware/software faults detected.(iii) Repair and replace the faulty equipment.(iv) Carry out the periodic preventive maintenance.(v) Upkeep and upgrade the software periodically for ensuring trouble free/bug

free/fault free performance of the supplied systems/ equipment.(vi) Flexibility for creating customized reports. (vii) Provide full and time bound integration with NMS system(viii) AMC shall be inclusive of cost of spares, labour and all other costs.(ix) Allow to lodge the complaint in the OEM global TAC & get the complaint

docket nos. The OEM must extend the premium support (through bidder) including replacement of faulty parts, trouble shooting of the running system & network and also depute the person at site when ever need arise.

(x) Providing details regarding API & other adapters as & when required by MTNL.

(xi) Optimization & tuning of the Wi-Fi network parameters from time to time (at least once in 6 months) for meeting QOS benchmarks set by TRAI

5. The bidder shall prepare the schedule of preventive maintenance for each quarter and shall submit the same to MTNL in advance. The preventive maintenance shall not affect the normal functioning of the system.

6. The BIDDER shall provide all the latest Software Updates, upgrades and/or patches (including incidental hardware upgrades such as DRAM and Flash memory etc) along with required hardware for ensuring trouble free/ bug free /fault free performance & maintenance of the supplied systems/equipment to MTNL on free of cost basis as a part of the AMC as well the maintenance of these upgrades.

7. The BIDDER shall be solely responsible for the maintenance, repair & up gradation of the software/hardware systems, equipment and parts thereof and MTNL shall not be liable to interact with any of the partners/ collaborators or subcontractors of the BIDDER.

8. REPAIR AND MAINTENANCE

8.1 TECHNICAL SUPPORT & SERVICE CENTRE:

8.1.1 The BIDDER shall have Technical Support & Service centres in Delhi. The BIDDER may set up more such centers to meet the criteria for fault restoration/faulty unit repair times as mentioned in the AMC. The BIDDER shall furnish the names, locations, complete postal address, Telephone numbers and FAX numbers of all Technical Support & Service Centers at the time of signing this Agreement.

8.1.2 The BIDDER shall also provide the name of alternate contact person or Technical Support & Service Center with address & telephone /FAX no. which may be contacted by MTNL staff for support in case of no response/poor response from the designated Technical Support & Service center. This, however, shall not preclude

49

MTNL from imposing the penalties, if any, as applicable as per the terms & conditions of this agreement.

8.2 Web-based Online Fault Booking System: In addition to Telephone Helpline and email based fault booking and support system, the Bidder shall develop and provide a web based online system for booking and clearance of any fault in MTNL’s Wi-Fi Network. Access to web based online fault booking system shall be given through Username and Password to the authorized operational staff of MTNL. On booking of online fault, the web based system shall generate a docket No. along with time and date of fault booking. On clearance of fault, the maintenance staff of Bidder shall confirm and report fault clearance online. MTNL Operational staff shall verify fault status and clear it from online system after verification, indicating time and date of fault clearance.

8.3 Any change in Address, Phone number, FAX Number etc shall have to be intimated in writing by the BIDDER to the concerned In-charge of the MTNL unit as well as the concerned head of MTNL unit at the earliest. If the unit in charge of the MTNL unit is unable to report the faults to the normally assigned Technical Support & Service Center due to the change of phone number etc. the fault will be reported (as per provision of 8.1.1 above) and the BIDDER shall be responsible for rendering all the maintenance support services to the affected station as per the terms and conditions of this Agreement.

8.4 RESPONSIBILITIES OF TECHNICAL SUPPORT & SERVICE CENTER

8.4.1 The BIDDER shall ensure that all the Technical support & service centers are manned by fully competent and responsible Engineers and are capable of giving all types of necessary technical guidance/ assistance over phone to the respective officers of MTNL for fast troubleshooting and rectification of faults. MTNL staff/ engineer should be able to book the fault in technical support and service centre (TS & SC) through email/ fax/ phone. For each fault booking TS & SC should generate a docket and docket number should be communicated to MTNL staff/engineer. The bidder shall share the information like docket list, action taken to close the docket, duration of docket clearance, etc.

8.4.2 The BIDDER shall also ensure that Technical support Centres are manned and are able to provide service to MTNL round the clock, all the seven days of the week throughout the year. The level of service provided to MTNL shall not go down during night time or due to any day being holiday, or for any other reason.

8.4.3 The Technical support Centers shall receive the faulty cards/ APs/swtches/units/ PCBs from MTNL sites and repair / replace them with good ones during the period of AMC.

8.4.4 The bidder shall hand over all the spare cards/equipments at one nodal location as per MTNL requirement so that whenever any cards/equipment goes faulty the concern maintenance staff should be able to replace it with available spare cards/equipments. The faulty card/equipment shall be brought to nodal location by concern maintenance staff. The bidder shall arrange to pick up faulty cards from nodal location at least once in a week. In case stock of spare cards get exhausted at any of the nodal location before the next pick up date then bidder shall replenish the spare stock immediately. The pick up of faulty cards from MTNL nodal location and delivery of repaired /replaced cards at MTNL nodal location shall be the responsibly of bidder.

8.4.5 One or more of the Technical Support Center (s) shall also work as repair center(s) 50

and it shall be responsible for repairing the faulty cards/APs/switches units/ PCBs. Such repair Center shall also maintain a requisite minimum stock of such cards/equipment often going faulty, in order to keep the down time within limits as envisaged in this agreement. The BIDDER shall be at liberty to distribute spares to the nodes as deemed fit or keep them at the designated Technical Support Centres.

8.4.6 The Technical support Center shall regularly obtain feedback about the health of the systems under its jurisdiction from the officer of MTNL on monthly basis (or even more frequently) and maintain a proper record of such feedback. These shall be made available to the technical experts nominated by the BIDDER for analysis and such technical expert in turn shall give adequate and proper guidelines / technical advice to the officers of MTNL for taking necessary preventive measure for reducing the frequency of such faults and also for preventing such faults from re-occurring. This shall, however, not absolve the BIDDER from fulfilling his obligations under this agreement.

9. The BIDDER shall set up at least one repair center in Delhi, within 3 months from the date of purchase order, with the facilities for repair of all types of equipment/AP supplied by it.

10. BIDDER may either carry out the repair on his own or through the facilities of third party. MTNL shall, however, interface only with this BIDDER in all cases.

11. The first-line maintenance shall be done by authorized staff of MTNL by replacement of the faulty /affected modules with the readily available good module stocked at the MTNL node and book the docket for replacement / repair of faulty cards / APs/Switches/units/ PCBs / sub-modules.

12. For faulty cards/equipment MTNL’s staff will make an effort to replace it with the available spare stock at respective MTNL node. If still fault could not be resolved / due to non availability of good spare stock, the fault could not be resolved then MTNL staff shall book the docket both for restoring the fault and provide the working spare..

13. The bidder shall arrange and ensure the pick up and repair/ replacement of the faulty equipment and its delivery to MTNL node within 15 days of docket booking. The 15 days time shall be calculated from date of docket booking (as per clause 11) to date till which good card is handed over at MTNL node. For the purpose of avoiding penalty, the bidder shall not be allowed to redistribute the spare cards /rearrange the spare cards between MTNL nodes.

14. TECHNICAL SUPPORT PROCEDURE

14.1 The BIDDER shall ensure that a sufficient quantity of spare card and equipment supplied in the network, are maintained as spare stock. It will be at the option of the BIDDER either to maintain the above spare stock of equipments and hand over to MTNL to meet his obligation under AMC.

14.2 The bidder shall furnish the detailed guidelines for each type of equipment regarding the identification/ detection/ diagnosis of the faulty equipment(s) at the time of supplying the same to MTNL sites. The BIDDER shall supply one set of detailed guidelines for every type of equipment.

14.3 The training of the representatives of the Purchaser regarding the identification/ 51

detection/ diagnosis of the faulty equipment shall be conducted either at the NOC location or at a test site where the it will be deployed. The purchaser will bear all the expenses related to travel, boarding and lodging, etc. of its representatives. The Bidder shall depute its representative for imparting training as per the program given by the Purchaser.

14.4 Each MTNL unit, where equipment shall be deployed, shall maintain the records of equipments sent for repair/ replacement (quantity sent/ time & date of sending/ date of receiving back, etc.) and shall forward such records on bi-monthly basis to the respective unit In charge.

14.5 In case of any dispute, the records maintained by MTNL shall have precedence.

15. MAINTENANCE OF HISTORY SHEET AND LOG BOOKS

15.1 The bidder shall supply elaborate maintenance procedure to each MTNL node. The bidder shall also be able to arrange various reports like no. of cards getting faulty site wise, node wise, any specific fault frequently disturbing the operation of any particular site, etc.

16. ANNUAL MAINTENANCE CONTRACT CHARGES AND PAYMENTS

16.1 The charges for AMC will be as given in the purchase order. A copy of the same will be made part of this agreement at the time of signing this agreement.

16.2 During continuance of AMC, if any equipment or sub-system is shut-down or taken out of service by MTNL than no AMC charges shall be payable for such equipment/sub-system from the date it is taken out of service. The deduction of AMC charge on above account shall be calculated as percentage of payable AMC charge on purchase price of such equipment/sub-system.

16.3 For fulfilling the above obligations, the following procedure shall be followed for paying the BIDDER the charges for the services rendered by the BIDDER under this Agreement.

16.4 MTNL shall not pay any charges in advance. Bills for AMC shall be paid by MTNL at the end of each quarter, after successful execution of the works under this Agreement normally within 21 (twenty one) days of the receipt of the duly completed location-wise bills.

16.5 All payments shall be made by the Accounts Units concerned based on the fault report received from the concerned MTNL officer, after deducting penalties, if any. For this purpose, MTNL shall designate nodal officers at the respective field units.

16.6 MTNL reserves the right to adjust any over-payment of AMC charges in any year, any time during the period of AMC.

17. FORCE MAJEURENeither MTNL nor the BIDDER shall be liable to the other for any delay in or failure of performance of their respective obligation under the agreement caused by occurrences beyond the control of MTNL or the BIDDER including but not limited to

52

fire (including failure or reductions), acts of God, acts of the public enemy, war, insurrections, riots, strikes, lockouts, sabotage, any law, status or ordinance, thereof of any other local authority, or any compliance therewith or any other causes, contingencies of circumstances similar to the above. Either party shall promptly but not later than twenty days thereafter notify the other of the commencement, and cessation of such contingencies, and if such contingencies continue beyond three months. Both parties agree upon the equitable solution for termination of this agreement or otherwise decide the course of action to be adopted.

18. FAULTS: SEVERITY LEVELS, RESTORATION TIME & PENALTIES

18.1 Amount of penalty per day on the basis of severity level of fault shall be decided by MTNL.

18.2 A system of dispatch and receipt challans shall be worked out between MTNL and the bidder within three months of the placement of Purchase Order in order to account for the delay. Decision of MTNL as to how the system is designed shall be final.

18.3 The penalty shall be deducted from the quarterly bills. The maximum value of penalty for faults/card repairs etc. shall not exceed depreciated value(discounted@15%) of equipment in that year.

18.4 The amount of penalty per hour /per day on the basis of severity of fault shall be imposed as per table below:

18.5 Any fault in the equipment/ system at WiFi NOC elements affecting the availability of service to more than 5% of working subscribers on a node shall be treated as Severity Level 1A. Such faults shall be rectified within three hours of its reporting to the bidder (WiFi NOC elements includes AAA, NMS, WLC and UPS etc.).

18.6 Faults at any of the Wifi NOC site causing crash of any servers or programs or switchover failure shall be treated as Severity Level 1B. Such faults shall be rectified within three hours of reporting to the bidder.

18.7 Faults at any of the WiFi NOC sites causing slow performance of NOC as a whole or any of the servers, shall be treated as Severity Level 1C. Such faults shall be rectified within four hours of reporting to the bidder.

18.8 Any faults affecting the availability of service to 5% or more subscribers on a access network shall be treated as Severity Level 2A. All such faults shall be rectified within six hours of its reporting to the bidder.

18.9 Any fault causing failure or slowing down of access network including access/downloading except due to NOC faults mentioned in 18.5 & 18.6 above shall be treated as Severity Level 2B. Such faults shall be rectified within twenty four hours of reporting to the bidder.

18.10 Availability of service shall be taken to have been affected if indications including among other things, poor downloading/uploading to the subscriber, intermittent failure, end-to-end unavailability of service to the customer fault of continuous nature etc.

53

18.11 The time for restoration of fault will be counted from the time of reporting to the technical support centre.

18.12 For the purpose of arriving at the penalties as indicated in clauses 18.1 to 18.5 above, the calculated percentage up to two decimal points shall be rounded off to nearest figure (e.g. 4.49% will be taken as 4% and 4.50 shall be taken as 5%).

18.13 Penalties :

18.13.1 If the bidder fails to restore the fault within the time limit specified in clause 18 above, following penalties shall be applicable:

Severity Level Penalty per hour of delay/ Per node/per occasion

1A Rs. 10000/-

1B Rs. 5000/-

1C Rs. 2500/-

2A Rs. 2500/-

2B Rs. 1000/-

(Delay will be counted in steps of one hour)

18.13.2 For repair of faulty card/defective components/ subsystems/ AP:

Delay Penalty Amount (Rs.)

>15 days & up to 20 days Rs.2000/- per day of delay per faulty module/card

>20 days Rs.5000/- per day of delay per faulty module/card

18.13.3 If nature of the fault /delay in attending is such that it is attracting more than 1 type of penalty then only one penalty shall be imposed. For the purpose of imposing one penalty in such circumstances the higher penalty shall be imposed.

18.13.4 If there is a common cause for failure of more than one network elements, the penalty will be considered individually for all affected network elements.

18.14 The penalty will be applicable per site basis even if there is a commonality of fault at any point in the network causing failure full or part of service.

18.15 Any failures affecting the availability of service to more than 20% of working subscribers in the whole network at a time, shall entitle MTNL to deduct 1% of the quarterly bill for each occasion of such failure in that quarter without capping.

19. After the expiry of AMC Contract, it shall be optional for MTNL not to enter the AMC contract further with the contractor. In such circumstances the contractor will be bound to hand over the spare parts / sub assemblies /printed circuit boards etc to MTNL.

20. TERMINATION OF ANNUAL MAINTENANCE CONTRACT: (AMC)

This AMC can be terminated any time after giving three months notice by MTNL to

54

the Bidder on occurrence of any one or all of the following events—

i) If MTNL is not satisfied with the performance of the BIDDER during AMC,

ii) If MTNL decides to shut-down the Wi-Fi service launched using equipments supplied under this NIT.

On occurrence of event at para (i) above, the Bidder will hand over all the spares as indicated above.

21. DISPUTES & ARBITRATION:

21.1 In the event of any question, dispute or difference arising under this agreement or in connection there-with (except as to matter the decision of which is specifically provided under this agreement), the same shall be referred to sole arbitration of the ED, MTNL, New Delhi or in case his designation is changed or his office is abolished then in such case 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 ED, MTNL or by whatever designation such officers may be called (hereinafter referred to as the said officer) and if the ED, MTNL or the said officer is unable or unwilling to act as such the sole arbitration of some other person appointed by the ED, MTNL or the said officer. The agreement to appoint an arbitrator will be in accordance with the Arbitration and Conciliation Act, 1996 read with upto date amendment, if any.

21.2 There will be no objection to any such appointment on the ground that the arbitrator is MTNL Servant or that he has to deal with the matter to which the agreement relates or that in the course of his duties as MTNL Servant he has expressed views on all or any of the matter under dispute. The award of the arbitrator shall be final and binding on the parties to the agreement. In the event of such arbitrator to whom the matter is originally referred, being transferred or vacating his office or being unable to act for any reasons whatsoever the ED, MTNL or the said officer shall appoint another person to act as 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.

21.3 The arbitrator may from time to time with the consent of parties enlarge the time for making and publishing the award. Subject to 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.

21.4 The venue of the arbitration proceeding shall be the Office of the ED, MTNL, New Delhi or such other places as the arbitrator may decide.

21.5 Any party shall not use any information obtained from other party during the course of dispute resolution process under this clause for any purpose other than to resolve the dispute and such information shall not be used in any litigation.

21.6 Both parties shall use their best efforts in good faith and best intention to resolve disputes by mutual negotiation and consultation and shall settle amicably any dispute that may arise or relate to this agreement or a breach thereof. Pending resolution of a dispute, the bidder shall continue to fulfill its obligations under this agreement.

55

22. SET OFF:

Any sum of money due and payable to the BIDDER (including security deposit refundable to him) under this or any other contract may be appropriated by the purchaser or MTNL or any other person or persons contracting through MTNL and set off the same against any claim of the Purchaser or MTNL or such other person or persons for payment of a sum of money arising out of this contract or under any other contract made by the BIDDER with the Purchaser or MTNL or such other person or persons contracting through MTNL.

IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed through their respective authorized representatives on the day and year first above written.

Signed and delivered for and on behalf of MAHANAGAR TELEPHONE NIGAM LIMITED.

By____________

Signed on behalf of M/s.___________________

By Shri _______________ holder of General Power of Attorney dated __________ executed in accordance with the Resolution No.______ dated _____________ passed by Board of Directors.

In the presence of:

Witness: (1) ------------------------ (2) ---------------------------------

56

Appendix : “A” of Section IVB

T.E No.: MTNL/DEL/EB/Wi-Fi/2014-15/10Details of Technical support Centers

Sno. Location of

Technical support

Center

Area/ Nodes

Served

Postal

Address

Telephone

Numbers

Minimum two

Mobile

Phone

Number

FAX

Number

E-mail Address

1 1

2

3

4

5

2

3

57

4.

5

6

Appendix-B of Section IVB Page 1 of 2

MAHANAGAR TELEPHONE NIGAM LIMITEDT.E No.: MTNL/DEL/EB/Wi-Fi/2014-15/10

FAULT- DOCKET FOR MTNL Broadband System

Name of Node: Docket Sl. No:File No: Date:From:-

Name: ( Of the officer in-charge/ duty officer of the station)

Designation:To,

M/s.---------------------------------------------------------------- ( the BIDDER)Address:(Of the Technical support / Center)

1. 1. Date ---------------------------- Time------------------- ( of occurrence of fault)

1.2. Date.--------------------------- Time------------------- (of Reporting of Fault )

2. Fault reported to: Technical support Center (Name of the person) on phone

3.1 Mode of Reporting: Phone, FAX, e-mail/ (Tick whichever is applicable)

3.2 Fault observed in: NOC AAA NMS WLC Any other (Tick whichever is applicable)

58

4. Description of fault & observation of the reporting officer:

5. Details of Services affected:

6. Percentage of Service affected:

7. Date_____________ Time ____________ (of receiving the 1 st assistance over phone from Technical support Center)

8. Details of Assistance received: (Add additional sheet if needed.)

9. Date_____________ Time ____________ (of receiving the 2nd assistance over phone from Technical support Center)

10. Details of assistance received:(Note: Add additional sheet if needed.)

11. Was the fault restored by following the instructions given over phone? A- YES B- NO (Tick whichever is applicable)

Page 2 of 212. If Yes, record date & time of restoration & duration of fault:

Date____________ Time _________ (in hours & minutes)Duration of Fault: ________ days _____ Hours _____minutes.

13. Was the fault restored?A- Partially B- Fully (Tick whichever is applicable)

14. If the fault is not restored or restored only partially, give details of observation: (Note: Add additional sheet if needed)

15. Note date & time of giving feed back vide Srl No: 14 above to the Technical support Center: (only in the event of partial / non restoration of faults)

Date ________________ Time ____________. (In hours & minutes)

16. Date & Time of arrival of BIDDER’s Expert at site / station of fault:Date ___________ Time ___________. (In hours & minutes)

17. Brief observation and works done by the BIDDER’s staff / expert:(detailed entry to be made by BIDDER’s staff in the station Log-Book)

18. Date & Time of complete restoration of the system:Date ____________ Time ____________. (In hours & minutes)

19. Total Duration of Fault: _________ days _______ hrs ______minutes.

20. Remarks of Node in charge (if any):Remarks of visiting engineer (of BIDDER), if any:

Signature :59

Name :Designation :(MTNL staff / in charge of the station)Note:

1. Each page of the Docket must be signed by designated officer of MTNL (including the additional sheets, if attached)

2. A copy of the Fault- Docket must be sent to the Technical support Center of the BIDDER, immediately by FAX / Post after restoration of fault.

3. At the time of first reporting it may not be possible to pinpoint the fault. Hence more than one box can be ticked against Sl.3.2. Similarly observation of the local impact of fault may not be possible against Sl.5. The duty officer shall provide observations which are immediately available.

4. Date on percentage of services affected shall be made available by the bidder though eMS/ NMS as provided under this NIT.

APPENDIX – C of Section IVB

PROFORMA FOR HISTORY SHEET

(To be submitted by the Bidder)T.E No.: MTNL/DEL/EB/Wi-Fi/2014-15/10

60

APPENDIX – D of Section IVB

AMC CHARGES

(To be filled up as per P.O.)T.E No.: MTNL/DEL/EB/Wi-Fi/2014-15/10

61

SECTION- V-A

SCHEDULE OF REQUIREMENTS

T.E No.: MTNL/DEL/EB/Wi-Fi/2014-15/10The summary of the schedule of mandatory requirements for the “Supply, Installation, Testing and

Commissioning Equipment for providing Wi-Fi Services” tender is given below. These should be read along-with the Notes given below the tables and also the specifications mentioned in the respective clauses of the tender.

Sl. No.

ITEM Quantity Make & Model

1 Wi-Fi Indoor Access Points (AP) 2,450

2 Wi-Fi Outdoor Access Points (AP) 850

3 Wireless Controller (WLC)

Hardware 2 (1+1)

Software 1 package

Licenses 3,500

4 Network Management System (NMS)

Hardware 1

Software 1

Licenses (wired & wireless devices) 4,500

5 Centralized Authentication System

Hardware 2 (1+1)

Software 1 package

Licenses 5,000

6 Managed Gigabit LAN Switch 8 ports 802.3af 650

7 Managed Gigabit LAN Switch 16 ports 802.3af 150

8 Laptop 8

9 PC 8

10 PON Meter 4

11 Power Meter 4

12 Printer (Laser – All in One) 3

62

13 UPS For Data Center 1+1

14 Integration of NMS (Sl. No. 4) with FTTH EMS 1

15 Miscellaneous & Documentation

15.1 Documentation Hard Copy (one set for each component)

15.2 Documentation Soft Copy (CDs) (one set for each component)

16 Any other Hardware required for successful commissioning of WiFi Network (Item list with cost of each to be included)

17 Any other Software required for successful commissioning of WiFi Network (Item list with cost of each to be included)

18 Any other Miscellaneous item required for successful commissioning of WiFi Network ( Item list with cost of each to be included)

List of Passive Components

S. No. Items Details Minimum Remarks

1. CAT 6 UTP Cable (305 mtr box)

Inclusive of required accessories

160 Km Refer to section 6, clause no. 8

2 Conduit per mtr for 25 Inclusive of required accessories

5 Km Refer to section 10-A

3 Conduit per mtr for 40 mm Inclusive of required accessories

5 Km Refer to section 10-A

4 Conduit per mtr for 50 mm Inclusive of required accessories

5 Km Refer to section 10-A

5 PVC Battens per mtr for 12x12 mm

Inclusive of required accessories

45 Km Refer to section 10-F

6 PVC Battens per mtr for 25x12 mm

Inclusive of required accessories

45 Km Refer to section 10-F

7 Corrugated flexible PVC pipes 25 mm

Inclusive of required accessories

2 Km Refer to section 10-C

8 Corrugated flexible PVC pipes 40mm

Inclusive of required accessories

2 Km Refer to section 10-C

9 Corrugated flexible PVC pipes 50 mm

Inclusive of required accessories

1 Km Refer to section 10-C

10 6U Wall Mount Network Rack Inclusive of required accessories

800 Refer to section 9

63

Charges for Passive services

S. No Item Details Quantity

1 Laying of UTP cable per mtr Rate to be quoted per mtr 160 Km

2 Laying of conduit per mtr Rate to be quoted per mtr 15 Km

3 Laying of Battens per mtr Rate to be quoted per mtr 90 Km

4 Laying of Corrugated flexible PVC pipes per mtr Rate to be quoted per mtr 5 Km

5 Fixing of 6U Wall Mount Network Rack Per unit 800

6 Poles (If require, at site to install outdoor APs) Per unit 200

Notes in respect of Bill of Material (section V-A)

1. Schedule of Requirement is based on MTNL’s estimate, in case the bidder feels that additional equipment is required to implement the solution successfully, he may quote additional equipment in technical and in price-bid, which will be included for the purpose of evaluation.

2. The bidder has to quote prices for quantity of items as per SOR. If a bidder quotes prices for lesser quantity of items, then during evaluation the price bid will be increased prorate as per the SOR quantities and accordingly prorated value will be considered for comparison for arriving at L1 bidder.

3. A package consists of the relevant software modules, number (unless separately specified) and types of licenses, management software (if any) to be quoted by the vendor in order to meet the requirement of the tender.

4. The WLC Software licenses shall be AP based and there will be no restriction on number of subscriber sessions.

5. The quantity of the passive components defined above is tentative and taken for the purpose of evaluation only. Payment of passive components will be made on actual basis. Specifications of the required accessories are defined in Section 5 clause no. 10 under different sub-sections. Laying charge of Cat 6 Cable/Conduit/Battens and corrugated flexible PVC pipe will include restoration charges. The cost of the required accessories and material required for installation has to be inbuilt along with PVC pipes/ conduit/ batten/ corrugated flexible PVC pipes.

6. Provision should be made for installing ONT and LAN switch in 6U wall mounted network rack.

7. The bidder shall give details of PCBs / Modules contained in each of the above items along with the quantity & itemized price in a separate Annexure. The bidder shall submit the detailed Bill of material giving item & price break-up upto card, connector & module level.

8. Any other item not covered above but essential for successful completion of project should also be added in the price schedule (under Any other HW/ SW/ Misc item of ‘SOR’) and its details should be given in the separate Annexure.

9. All necessary wiring, cables, connectors, etc. as defined in tender shall be supplied. 10. All necessary electrical wiring both AC and DC (from Power Plant to equipment room) along

with AC & DC Distribution Boxes circuit breakers, runways etc. at all the nodes shall be supplied by the bidder along with the above equipment.

64

11. The cabling shall be Gigabit ready for CAT 6 category for Ethernet Switch. The detailed information of complete wiring implementation shall be provided along with all related accessories.

12. The equipment offered shall meet the technical requirements/specifications of tender document.

13. The Indoor Access Points shall either be wall /ceiling mountable. The Outdoor AP’s should be enabled for fast and easy mounting to street lights, traffic controls and other street furniture. It should include hardened enclosure for outdoor deployment. For Installation of out-door APs, Mounting poles/equipment will be provided by the vendor.

14. For in house/open area coverage, Sector antenna has to be provided as per requirement to ensure minimum spill-over of Wi-Fi signal out-side the residence.

15. There should be Ubiquitous RF coverage of -65 dBm or better along-with 10 Mbps downlink throughput. Quality of browsing experience (website surfing, email, You-tube video streaming etc) at proper speed will be ensured by the bidder in the entire coverage area. QoE may be tested with smartphone like I-phone4 etc.

16. The successful bidder shall have to successfully conduct a POC at ten location (minimum three of each type) as identified by MTNL (It may be one MS flat and one private house/Bungalow).

17. Maintenance spares of 5% of each equipment type will be provided by the bidder free of cost.(Indoor AP,Outdoor APs,Switch 8 & 16 ports etc) as per section VB.

18. Ethernet cables and Ethernet connectors shall be provided by bidder. Any other material such as PVC pipes with accessories, corrugated PVC pipe, PVC baton, Clamps, Rawl Plugs, screws/nails/hooks/clips for fixing, fish-wire to pull the cable, crimping tools, drill machines, portable generator sets, field assembly connector tool kit etc required for successful installation/laying of cables, tools, labor and transportation of store /material (including loading & un loading) to the work site shall be provided by the successful bidder. These items should be as per tender specifications. 60 Mtrs of CAT-6 Cabling is estimated per AP at Bungalows and 30 Mtrs per AP at Flats.

31. Supplied NMS should be integrated with existing FTTH AEMS (Alphion make). Alphion EMS can be integrated to North Bound interface using the CORBA IDL based on the TMF 814 standards. Alphion will provide the NORTH BOUND interface CORBA IDL API’s whenever the NMS core is ready.

32. Ethernet cable from switch shall be laid in existing/new conduits, if feasible or where Ethernet cable with nail & hook fitting to ensure minimum exposure on the visible wall. This shall be done with due consent of the customer/subscriber.

33. IGMP v3 support (if not available immediately) shall be provided free of cost as and when desired by MTNL during the warranty period.

65

SECTION V BSCHEDULE OF REQUIREMENT for SPARES

T.E No.: MTNL/DEL/EB/Wi-Fi/2014-15/10

List of spares for Three year warranty and Four years Annual Maintenance Contract period to be given for the project.

S.No. Item Details Quantity

1 Indoor AP 123

2 Outdoor AP 43

3 Switch 8 port 33

4 Switch 16 port 8

6 Any Other As required

Note :1. These mentioned above spares shall be supplied along with main equipment and

handed over to MTNL. 2. Minimum 5% spares other than mentioned above are to be maintained as spare

stock by vendor.3. The vendor shall quote his prices of complete equipment as per Price Schedule

keeping in view the free supply of all spares for three year during warranty and four years AMC period. For this purpose, the vendor shall submit a detailed list in the tender itself.

4. A certificate to ensure that these spares shall be sufficient for maintenance during the warranty period and AMC period, shall have to be given by the bidder and any additional spares or any additional quantities of above mentioned spares, if required, shall be supplied free of cost. These spares will not be paid for separately.

SECTION V CSCHEDULE OF REQUIREMENT for SPARES

List of spares for Three year required after three years warranty and Four years Annual Maintenance Contract period to be given handover to MTNL.

S.No Item Quantity

66

Note: The spares listed above should meet purchaser requirement of three years. Minimum 5% of interface and control cards for each equipment is to be maintained as spare stock at technical support centre.

67

SECTION VITECHNICAL SPECIFICATIONS

T.E No.: MTNL/DEL/EB/Wi-Fi/2014-15/10

General specifications / Requirements:Bidder will submit the complete Technical proposal along with the objectives and operational need of the Network, expected data rate, bandwidth requirement, operational requirement in the existing systems etc. The bidder will also submit the network structure diagram, details of all the Wi-Fi network equipment’s including make, model, hardware, software, integration, licenses details etc.

Successful bidder upon receipt of purchase order from MTNL will also submit the Acceptance testing procedure (ATP) along for acceptance testing of their offered equipments. The test schedule / Procedure will be mutually decided between Vendor & MTNL.

Vendor should state the MTBF (Mean Time between Failures) for each of the Wi-Fi Network equipment at specific temperature.

NETWORK DIAGRAM

68

INDOOR Wi-Fi ACCESS POINTS:

Sl. No.

Parameter/ Item

Specification/Requirement

1.1 Hardware ● Must have dual radios to have concurrent dual band (5 Ghz / 2.4 Ghz operation)

● The operation shall be in the license free band in 2.4 and 5GHz bands and as per latest National Frequency Allocation Plan (NFAP), revised from time to time.

● Must have a robust design for durability , Wall / Ceiling mountable● One numbers of 10/100/1000 Mbps Ethernet port RJ-45● Should support ipv4, ipv6

1.2 Features ● Should work in either standalone or centrally managed● Should support 802.11 a/b/g/n● Should support 802.1Q● Upto 50 clients per station● Should support 20/40 Mhz channels● Upto 16 SSID with unique QoS and security policies● Should support mesh networking● NAT and DHCP support● Multicast IP video streaming support● Multiple QoS queues per client station/AP.● Must support captive portal and guest accounts (when working with

69

WLAN controller)● Must support load balancing / admission control (when working with

WLAN controller)1.3 802.11n ● Dual radio with 2X2:2 multiple-input multiple-output (MIMO).

● Compliant with GSR 542(E) of WPC , GOIMaximum

radiated power output

Maximum Effective

Radiated Power

Type of Antenna Coverage Area

(1) (2) (3) (4)

100 mW (20 dBm) in Spread of 10 MHz

26 dBm Built in or indoor

antenna

 

Within the single contiguous campus of

an individual, duly recognized

organization or institution.

● Maximum transmitted power EIRP should be as per regulatory guidelines. ETA from WPC to be enclosed.

● Similarly Compatibility of Equipments for 5Ghz Radio Band must meet the required criteria as per WPC.(GSR 46(E))

● This is Subject to any amendment from WPC from time to time.● AP should be able to radiate at minimum effective radiate power of

24dbm.1.4 RF ● Should support spatial multiplexing

● Maximum Ratio Combining for best in class receive sensitivity● Capable of part-time or dedicated air monitoring, should remotely scan

the 2.4-Ghz/5-Ghz radio bands to identify/locate sources of RF interference.

● Must incorporate radio resource management for power, channels.● Automatic interference avoidance , optimized for high density

environments1.5 Security ● should support WPA-

PSK(AES),WPA2,802.1x(RADIUS,AD,LDAP),802.11i,AES,TKIP● EAP,EAP-TLS,EAP-TTLS,PEAP● Should support encryption through Public Key Infrastructure (PKI). ● Integrated wireless intrusion protection to offer threat protection and

mitigation and eliminating the need for separate RF sensors and security appliances

● Access Points must support a distributed encryption/decryption model. ● Enables policies to prohibit devices/Rouge AP's that interfere with the

Wi-Fi network or jeopardize network security● Supports rogue access point detection and detection of denial-of-

service attacks1.6 QoS ● Compliant to 802.11e/WMM

● Software queues based on WLAN priority/traffic type● Should be able to classify traffic based on TOS, VLAN based● Dynamic Rate limiting per user /per WLAN

1.7 Management ● Should support SNMP v1,v2,V2c or higher / TR69● Must support SSH/https/console login to APs directly for

troubleshooting flexibility

70

● Should support auto software update1.8 Monitoring Must support the ability to serve clients and monitor the RF environment

concurrently.

1.9 Flexibility Should support mesh capabilities for temporary connectivity in areas with no Ethernet cabling

1.10 Power Compatible with 802.3af Power over Ethernet (PoE)

1.11 Technical specifications

AP should be compliant with TEC GR No.TEC/GR/CP/WIFI-002/01/SEP-11 or latest.

2. OUTDOOR Wi-Fi ACCESS POINT:

Sl. No.

Parameter/ ItemSpecification / Requirement

2.1 Hardware ● Must have dual radios for concurrent dual band (5 Ghz / 2.4 Ghz) operation

● The operation shall be in the license free band in 2.4 and 5GHz bands and as per latest National Frequency Allocation Plan (NFAP), revised from time to time.

● Enables fast and easy mounting to street lights, traffic controls and other street furniture. Includes hardened enclosures for outdoor deployment

● Poles etc. for outdoor mounting to be provided● Must have a robust design for durability , weather proofing● One Ethernet port (1000BASE-X or 10/100/1000BASE-T)● Certified Outdoor AP should be IP67 compliant. ● Should support ipv4, ipv6

2.2 Features ● Should work in either standalone or centrally managed● Should support 802.11 a/b/g/n● Should support 802.1Q● Upto 50 clients per station● Should support 20/40 Mhz channels● Upto 16 SSID with unique QoS and security policies● Should support mesh networking● NAT and DHCP support.● Multicast IP video streaming support● Multiple QoS queues per client station● Must support captive portal and guest accounts (when working with

WLAN controller)● Must support load balancing / admission control (when working with

WLAN controller)2.3 802.11n ● Upto Dual radio with 2X2:2 multiple-input multiple-output (MIMO)

● Compliant with GSR 45(E) of WPC , GOI

Maximum out power of transmitter

Maximum Effective Radiated Power

Height of Antenna

(1) (2) (3)

1 W (30 dBm) in 4 W (36 dBm) Within 5 metres above

71

Spread of 10 MHz or higher

the roof top of existing authorized building

● Maximum transmitted power (EIRP) should be as per regulatory

guidelines. ETA from WPC to be enclosed.● Similarly Compatibility of Equipments for 5Ghz Radio Band must

meet the required criteria as per WPC, GOI (GSR 38(E)) ● This is Subject to any amendment from WPC from time to time.● AP should be able to radiate at minimum effective radiate power of

26dbm.2.4 RF ● External/Internal Dual-Band Omnidirectional/ Sector Antennas

● Sector Antenna to be provided as per requirement to ensure minimum spillover outside residence

● Should support spatial multiplexing● Maximum Ratio Combining for best in class receive sensitivity● Capable of part-time or dedicated air monitoring,the spectrum

analyzer remotely scans the 2.4-Ghz/5-Ghz radio band to identify/locate sources of RF interference.

● Must incorporate radio resource management for power, channel, coverage hole detection and performance optimization

● Automatic interference avoidance , optimized for high density environments

2.5 Security ● Should support WPA-PSK(AES), WPA2, 801.1X (RADIUS,AD,LDAP), 802.11i, AES,TKIP

● EAP, EAP-TLS,EAP-TTLS,PEAP● Should support encryption through Public Key Infrastructure (PKI). ● Integrated wireless intrusion protection to offer threat protection and

mitigation and eliminating the need for separate RF sensors and security appliances

● Enables policies to prohibit devices/Rouge AP's that interfere with the Wi-Fi network or jeopardize network security

● Supports rogue access point detection and detection of denial-of-service attacks

2.6 QoS ● Compliant to 802.11e/WMM● Software queues based on WLAN priority/traffic type● Should be able to classify traffic based on TOS, VLAN based● Dynamic Rate limiting per user /per WLAN

2.7 Management ● Should support SNMP v1,v2,V2c or higher/TR69● Must support SSH/https login to APs directly for troubleshooting

flexibility● Should support auto software update

2.8 Monitoring Must support the ability to serve clients and monitor the RF environment concurrently.

2.9 Flexibility Should support mesh capabilities for temporary connectivity in areas with no Ethernet cabling

2.10 Power Compatible with 802.3af Power over Ethernet (PoE)

2.11 Environmental ● Wind resistance:● Up to 100 MPH sustained winds● Up to 140 MPH wind gusts

● Operating Temperature -20 to 55 C. ● Humidity 5-95%

72

2.12 Technical specifications

AP should be compliant with TEC GR No.TEC/GR/CP/WIFI-002/01/SEP-11 or latest.

3. WIRELESS CONTROLLER :

3.1. Requirements3.1.1. Supplied hardware (Single Box) should be able to manage minimum 5000 access

points and concurrent 50,000 wireless clients.3.1.2. WLC should have licenses floating on two controllers.3.1.3. Should support 512 WLAN’s3.1.4. Should support 2048 VLAN’s

3.2. Performance3.2.1. 2 x 10 G ports (SFP+) ports3.2.2. One port (1000BASE-X or 10/100/1000BASE-T)3.2.3. Hardware processing to provide minimum 20 Gbps throughput.

3.3. High Availability3.3.1. Wireless controller should work in 1+1 mode with auto synchronization (Hot

standby). Should also support N+1 redundancy models3.3.2. Wireless controller should support state-full switchover for all Access Points to the

standby wireless controller3.3.3. Should have redundant power supplies , redundant fans3.3.4. Multiple link aggregation (LAG)/ VRRP support to protect against link failures while

maintaining the optimal network connectivity.

3.4. Management3.4.1. Web based management3.4.2. Console based management (CLI based)3.4.3. NMS based management (SNMP v1,v2,V2c or higher)

3.5. AP discovery & provisioning3.5.1. Automatic AP discovery3.5.2. Automatic provisioning for zero touch deployment3.5.3. Automatic software upgrade3.5.4. Must support user load balancing across AP’s

3.6. RF management3.6.1. Intelligent RF control plane for self-healing and self-optimization3.6.2. Automatically adjust channel and power settings based of RF environment3.6.3. Should support interference detection and avoidance3.6.4. Should provide both real-time and historical information about RF interference

affecting network performance across controllers using system-wide technology integration

3.6.5. Should support RF management with 40Mhz channels with 802.11n3.7. Software

3.7.1. Proven and security hardened operating system.3.7.2. Should provide network services like DHCP, FTP, AAA etc.3.7.3. Should support 802.1x through local user database or external RADIUS,LDAP,AD3.7.4. Should have reporting, monitoring, traffic analysis, and troubleshooting tools for

73

wireless network.3.7.5. Detailed per user , per session RF accounting statistics and management3.7.6. Tracks the location, roaming history, virtual private group, network addresses,

state, activity, errors, usage and other attributes by user name, session, VLAN, or user group

3.7.7. Improve downlink performance to all mobile devices, including one and two-spatial-stream devices on 802.11n

3.7.8. Should be able to provide proactive, high-speed spectrum intelligence to combat performance problems due to wireless interference

3.7.9. Should support IPv4,IPv63.8. Comprehensive end-to-end security

3.8.1. Security standards : Should comply with 802.11i , WPA, WPA2 etc.3.8.2. Authentication : Should support 802.1X with EAP types like EAP-TLS,EAP-TTLS

and PEAP etc.3.8.3. Should support MAC and VLAN Authentication 3.8.4. Encryption : Should support WEP,TKIP,AES,PSK etc3.8.5. Access Control Lists : Should support L2,L3,L4 ACL’s , should enforce client

isolation3.8.6. Should have Wireless Intrusion Prevention System3.8.7. Must be compliant with IEEE CAPWAP or LWAPP or equivalent for controller

based WLAN’s and should provide CAPWAP or LWAPP or equivalent compliant , DTLS/AES/SSL encryption to make sure of encryption between access points and controllers or between controllers.

3.8.8. Should provide protection against3.8.8.1. Malicious / accidental association3.8.8.2. Identify theft (MAC spoofing)3.8.8.3. Man-in-the-middle attacks3.8.8.4. Session Hijack3.8.8.5. Password guessing protection

3.9. Advanced ACL 3.9.1. Should simplify and centralize security policies through downloadable ACLs.3.9.2. Implementation of ACL should not impact the throughput of the system.

3.10. Advanced QoS 3.10.1. Should be compliant to 802.11e WMM prioritization, 802.1p/DSCP QoS mapping,

traffic shaping3.10.2. Granular QoS policies per access point / SSID3.10.3. Fair bandwidth allocation across wireless clients on an access point.3.10.4. Should have technology to provide line-rate performance3.10.5. Should support over the air, wireless packet capture for export to tools like

wireshark etc3.10.6. Should provide real time charts showing interferers per access point, on a per

radio, per channel basis3.10.7. Optimized video delivery for wireless clients.3.10.8. Should optimize the delivery of business-critical multicast video applications

across the WLAN3.11. Mobility

3.11.1. Should support L2 and L3 roaming3.11.2. Secure, reliable wireless connectivity and consistent end-user experience.3.11.3. Increased network availability through proactive blocking of known threats. 3.11.4. Faster radio resource management (RRM) updates for uninterrupted network

74

access when roaming 3.11.5. Efficient roaming improves application performance such as toll quality voice, and

consistent streaming of video and data backup 3.12. Compliance to Standards

3.12.1. WirelessIEEE 802.11a, 802.11b, 802.11g, WMM / 802.11e, 802.11h, 802.11n

3.12.2. Wired/switchingIEEE 802.3u , 1000BASE-T/1000BASE-SX/1000-BASE-L , IEEE 802.3x full duplex on 10BASE-T, 100BASE-TX, and 1000BASE-T ports, IEEE 802.1Q Vtagging

3.12.3. Data request for comments(RFC)RFC 5415 CAPWAP Protocol Specification in case CAPWAP is used.

RFC 5416 CAPWAP Binding for 802.11 in case CAPWAP is used.

3.12.4. Security standards IEEE 802.11i(WPA2,RSN),RFC 1321 MD5 Message-Digest Algorithm, RFC 1851 The ESP triple DES Transform,RFC 2104 HMAC:Keyed Hashing for Message Authentication,RFC 2246 TLS Protocol Version 1.0 ,RFC 2401 Security Architecture for the Internet Protocol , RFC 2451 ESP CBC-Mode Cipher Algorithms , RFC 3280 Internet X.509 PKI Certificate and CRL Profile , RFC 4347 Datagram Transport Layer Security(in case CAPWAP is used) ,RFC 4346 TLS Protocol Version 1.1 (in case CAPWAP is used). The OEM/Bidder to use any combination of the above security standards in the proposed Wi-Fi network to set up highly secure Wi-Fi network.

3.12.5. Encryption RC4 40, 104 and 128 bits (both static and shared keys) ,AES: CBC, CCM, CCMP ,DES: DES-CBC, 3DES ,SSL and TLS: RC4 128-bit and RSA 1024- and 2048-bit ,DTLS: AES-CBC ,IPSec: DES-CBC, 3DES, AES-CBC.The OEM/Bidder to use any combination of the above Encryption standards to set up highly secure Wi-Fi network.

3.12.6. Authentication, authorization and accounting (AAA)IEEE 802.1X ,RFC 2548 , RFC 2716 PPP EAP-TLS,RFC 2865 RADIUS Authentication ,RFC 2866 RADIUS Accounting, RFC 2869 RADIUS Extensions, RFC 3576 Dynamic Authorization Extensions to RADIUS,RFC 3579 RADIUS Support for EAP,RFC 3580 IEEE 802.1X RADIUS Guidelines, RFC 3748 Extensible Authentication Protocol, Web-based authentication, TACACS support for management users

3.12.7. Management 3.12.7.1. SNMP v1, v2, V2c or higher , SSH ,SFTP3.12.7.2. RFC 1350 TFTP, RFC 2030 SNTP, RFC 2616 HTTP, RFC 3164 Syslog3.12.7.3. Management interfaces

3.12.7.3.1. Web-based: HTTP/HTTPS3.12.7.3.2. Command-line interface: Secure Shell (SSH) Protocol, serial port

3.13. Environmental Ranges3.13.1. Operating temperature 23 to 113° F (-5 to 45° C)3.13.2. Relative humidity 5 to 95% (non-condensing)

3.14. Input power 100 to 240 VAC; 50/60 Hz or -48V DC. (DC preferred)

4. Wi-Fi NETWORK MANAGEMENT SYSTEM SPECIFICATIONS:

75

4.1. Management solution should encompass all network elements that are part of Wi-Fi Network including access points, switches etc. Network and Wireless Management can be provided through one umbrella Management suite or as separate management systems. Management platform should include the following functionalities:4.1.1. Configuration management4.1.2. Fault management 4.1.3. Performance management4.1.4. Security management

4.2. Bidder should describe the Network management solution and should describe main characteristics of each element that compose Network management solution.

4.3. Management system (NMS) should provide a solution for comprehensive lifecycle management of the wired/wireless networks. It should have full FCAPS facility in respect of wireless /wired elements and should be compatible with IPv4 and IPv6.

4.4. The Management system should support configuration, administration, monitoring and troubleshooting of Switches

4.5. Must support following features 4.5.1. Network Monitoring and Troubleshooting 4.5.2. Indoor location monitoring capability 4.5.3. Centralized Software updates

4.6. Capacity:4.6.1. Modularity and Scalability: NMS should be dimensioned according to the network

size. Bidder should describe the scalability and capacity of the system in all supported configurations. In case separate management system is provided, for Network (Switching) and Wireless Management, than bidder has to provide additional EMS (Element Management System) to provide single window management. Initial Capacity requirement for NMS/EMS is as below-4.6.1.1. NMS/EMS for Management of Wireless Component like AP’s, Wireless

Controller etc. 4.6.1.2. NMS/EMS for Management of Wired Component like Switches etc. 4.6.1.3. NMS/EMS includes both hardware and Software. 4.6.1.4. It should be integrated with existing FTTH AEMS (Alphion Make). Alphion

EMS can be integrated to North Bound Interface using the CORBA IDL based on the TMF 814 standards. Alphion will provide the North Bound Interface CORBA IDL API’s whenever the NMS core is ready

4.7. NMS/EMSs should provide FCAPS functionality & web based management capabilities for managing the Wired and Wireless Network Elements 4.7.1. Extensive wireless management capabilities

4.7.1.1. radio frequency (RF) management,4.7.1.2. user access visibility4.7.1.3. reporting4.7.1.4. troubleshooting

4.7.2. Network infrastructure lifecycle functions 4.7.2.1. Discovery4.7.2.2. Inventory4.7.2.3. Configuration4.7.2.4. Image management4.7.2.5. Integrated best practices, and reporting.

4.8. Deploy4.8.1. Schedule the rollout and implementation of network changes. 4.8.2. New configuration or monitoring templates created in the design phase,

software image updates, and support for user initiated ad-hoc changes and

76

compliance updates. 4.8.3. Set of guided and advance flows to bulk provision new devices (including the

converged access switches on the network) or push an initial configuration to a device to bring it up within a few minutes, thereby drastically reducing IT operational expenses.

4.9. Operate Monitor the overall health of the network using predefined dashboards that provide up-to-date status. Simple one-click workflows and 360-degree views enhance troubleshooting and reduce the time to resolve network issues. Unified alarm display provides actionable information and links to automatically open service requests with the TAC.

4.10. Report Access a wide variety of predefined reports for up-to-date network information, including detailed inventory, compliance, audit, capacity, end-of-sale, security vulnerabilities, and many more. Operations monitoring and quality of experience workflows reduce instrumentation configuration and data collection complexity to provide real-time insight into network and application performance. Network inventory auditing.

4.11. Administration4.11.1. Role-based access control provides flexibility to segment the network into one

or more virtual domains controlled. Virtual domains help network operators deploy both large, multisite networks and managed services

4.11.2. Flexible authentication, authorization, and accounting (AAA) services allow for local, RADIUS, TACACS, and single sign-on options.

4.12. Converged management Single pane-of-glass solution provides complete end-to-end infrastructure management, reducing the need for multiple tools and lowering operating expenses and training costs

4.13. Complete lifecycle management on WirelessConverged solution delivers wireless management capabilities, including RF management, user access visibility, reporting, and troubleshooting - along with network infrastructure lifecycle functions such as discovery, inventory, configuration and image management, and reporting.

4.14. Interfaces:4.14.1. Management system shall support SOAP/CORBA/HTTPS Northbound OSS

interface.4.14.2. North Bound Interface using the CORBA IDL based on the TMF 814 standards.4.14.3. Management platform should support HW and SW Inventory and provide an

interface for Inventory management4.15. Fault Management:

4.15.1. Bidders should describe their fault management solution for the various network elements.

4.15.2. Enhanced alarm management : Fault management solution should support alarm filtering, alarm suppression, change of severity, alarm delay, alarm forward to e-mail and SMS, alarm toggling, on-line help etc.

4.15.3. Management system should support Alarm on threshold that allows alarms to be blocked if a variable number of alarms occur in a variable amount of time

4.15.4. Management system should support alarm correlation. Correlation rules perform alarm grouping and finds dependencies between root causes and symptoms.

4.15.5. Management system should support the alarm history browsing capability. Bidder to state the capability of number of alarm storage / duration for which

77

alarms can be stored. 4.15.6. Alarm display capabilities including support of components in the alarm display,

support of probable cause and specific problem and additional text fields in the alarm display, as well as support of viewing the entire raw alarm should be supported

4.16. Configuration Management:4.16.1. Management system shall support the following configuration management

functions:4.16.1.1. Installation of network elements4.16.1.2. Installation tests which can be performed on the network elements4.16.1.3. Automatic installation of Wi-Fi AP4.16.1.4. Modification and removal of network element components4.16.1.5. Automated download of new network element software

4.16.2. Device inventory management feature should be supported.4.16.3. Management system should enable policy-based automation of device

configuration and management. Bidder to describe available policies.4.16.4. Management system should support offline configuration of Wi-Fi network.

4.17. Security Management: 4.17.1. O&M user authentication should be supported through RADIUS/ TACACS

server and operator should be able to define the roles and profiles of the users.

4.17.2. The management system should have a Logging capability and Centralized Security Log Auditing and Log Browser Utility should also be provided.

4.17.3. Password management: Support of centralized password authentication including complex password acceptance , password dictionary support, Password Storage Encryption should be provided

4.17.4. User authorization and administration: Centralized User Administration, Centralized User Authentication and Authorization, User Session Management should be supported.

4.18. Software Management: 4.18.1. The NMS shall provide a Software Management application via a GUI/ web-

based interface. The Software Manager shall provide remote software download to all managed network elements. Application shall include reporting of current software status, version number, date of last update, checksum, s/w installation error and status reporting. Application shall include download functionality for Release, Update, Feature and Patch delivery, installation and activation.

4.18.2. Schedule software download: It shall be possible to schedule software downloads of any purchased Network Elements configured on the NMS. Software download shall provide capability to allow downloads based on stored start and stop time for each network element, type of element, percentage of network element type and an editable list of network elements

4.19. Hardware Requirements:4.19.1. The hardware shall be designed for single NMS. Hardware sizing shall be

based on the following CPU utilization metric

4.19.1.1. CPU Utilization = (100 – CPU Idle)%

4.19.1.2. Peak CPU Utilization shall not exceed 75% at any time, on 24x7 basis.

4.19.1.3. Average CPU Utilization over any hour, measured at 5 minute intervals, shall not exceed 70%.

4.19.2. In case CPU utilization exceeds the value defined in above Clause, bidder 78

shall supply additional hardware free of cost to MTNL to meet the above conditions.

4.19.3. Bidders must note that the hardware sizing indicated in this document is minimum and indicative.

4.19.4. Bidder shall provide a combined certificate in Annexure- IV Section IX from the OEM of HW and application that the hardware/software/licenses etc quoted in the bid is sufficient to meet the application requirements as per the tender, failing which the bid shall be considered non-compliant.

4.19.5. Bidder should provide ample storage (As per guidelines issued by Govt. of India from time to time)has been provided for this purpose. The bidder shall design the system taking in consideration the interface and other requirements of the storage.

4.19.6. If any additional hardware, software and licenses are needed to meet the requirement of this tender document, the same shall be quoted, by the bidder, along with sizing details and bill of material.

4.19.7. If any specific module of the application requires separate hardware for proper functioning, the same shall be quoted, by the bidder, along with sizing details and bill of material.

4.19.8. If at any stage of this project and till the full capacity is reached it is found that the solution requires additional hardware, software, licenses or other resources or any customization effort to meet the requirements envisaged in this tender document, the same shall be supplied and implemented free of any cost to MTNL.

4.19.9. The ambient temperature of the Data center is expected to be approx. 23 degree centigrade. The bidders shall propose their solution taking this into consideration.

4.20. Servers4.20.1. Bidder shall quote Servers based solution.4.20.2. It must be possible to optimize or improve the performance of the system by

distributing the processing resources. 4.20.3. The system must be capable of delivering 99.999% service availability.

4.21. Server Configuration:All the servers shall have following configurations:

4.21.1. The Server shall have latest Operating system with licenses with latest generation.

4.21.2. Minimum 2 GigE Ports (External) on two Ethernet Card to enable LAN Connectivity for redundancy

4.21.3. Minimum of 2 MB of L2/L3 Cache4.21.4. One DVD-RW Drive (8X or above)4.21.5. Each server to have 20/40 GB DAT drive or higher.4.21.6. Minimum 3 PCI (or higher) Expansion slots per server. 4.21.7. Minimum 2 USB ports/server.4.21.8. Redundant load sharing and hot swappable power supplies. Redundant

power supplies shall have multiple feeds.4.21.9. High availability cluster (wherever applicable)4.21.10. Journal File System and Volume manager to mirror OS Disks.

4.21.11. The database clustering shall be based on an architecture that shall eliminate the application or its part going down in case of failure of any of the node in cluster.

4.21.12. All necessary patch cords and other installation materials shall be

79

supplied. The servers shall be rack mounted.

5. For Centralized Authentication System for Wifi Users

5.1. INTRODUCTION5.1.1. MTNL proposes to procure a centralized authentication system for its proposed Wi-Fi

network. The system shall authenticate the WiFi users of MTNL (approximate number of users being 7500). The system shall also provide facilities like web self care.

5.1.2. The system shall also authenticate DSL/FTTH Wi-Fi customers of MTNL. The type of offered AAA licenses shall be same for WiFi users and DSL subscribers. MTNL shall be able to add any type of the broadband Wi-Fi customers by just ordering additional licenses and hardware (if required) during installation, warranty and AMC.

5.1.3. The system shall comply to the DoT guidelines regarding provision of Wi-Fi internet service under de-licensed frequency band issued vide letter no. 820-1/2008-DS Pt.II dt. 23.2.2009 and other guidelines of Government of India.

5.1.4. The following procedure shall be followed for provisioning of service for a Wi-Fi user:5.1.4.1. For entering the network, users will install the dialer software (using the CD Or

an additional Guest-SSID to connect and download the dialer from the subscriber portal) given to admin. The software registers itself with single click to the client laptop/PC and requests for the username and password.

5.1.4.2. Subscriber is asked to send a SMS to the specified number of the SMS gateway from his/her mobile to receive the username & password. User sends the predefined code to the SMS gateway and receives the username & password.

5.1.4.3. SMS gateway communicates with centralized server and the server generates Wi-Fi Dialer username & password, and adds the user in its user database. For Wi-Fi users the authentication system shall link the user ID and password of the user with his/her mobile number. For WiFi subscribers, the userIDs and Passwords of various users (child passwords) with the main userID and Password (Parent Password).

5.1.4.4. Wi-Fi Dialer shall be smart enough to create profile automatically based on the WPA/WPA2 preferences configured for the access points. E.g. suppose access point is configured based on TTLS/MS-CHAP2 protocol then Wi-Fi Dialer will automatically communicate and create profile accordingly. It shall handle the complex technical details automatically and provide a simplified interface to the user. User remains liable for specifying the user credentials only.

5.1.4.5. Subscriber enters the Wi-Fi Dialer username & password received from the SMS gateway in the Wi-Fi Dialer.

5.1.4.6. On successful WPA/WPA2 authentication user will be allowed to enter the LAN network.

5.2. GENERIC REQUIREMENTS OF CENTRALIZED AUTHENTICATION SYSTEM:5.2.1. The Solution Shall Support Captive portal having customizable GUI. This portal

should be available to any client coming into the Wi-Fi zone of MTNL.5.2.2. Captive portal shall allow local branding and content as per the location.5.2.3. Solution shall be able to restrict the bandwidth as per the policies. Solution shall have

configurable GUI for Policy management to differentiate location wise Bandwidth policies.

5.2.4. The solution shall support Usage based as well as Time duration based accounting. It shall support real time disconnection on completion of allotted resources i.e. Time or Data

5.2.5. The solution shall support centralized server for User authentication80

5.2.6. Administration: The solution shall support the following features:5.2.6.1. GUI based management console for system administration, policy /

package creation, backup and restore accounting data, SMS gateway configuration etc.,

5.2.6.2. Tool for Troubleshooting and Health Diagnostic5.2.6.3. Creation of batches in advance and activation upon first usage5.2.6.4. Generation of report of usage and accounting, real time usage of USER as

per the location.5.2.6.5. Access Control List for different accounting and report related activities5.2.6.6. Management of different Packages.5.2.6.7. Centralized system shall available in Failover mode5.2.6.8. Policy based access control for administrative activities5.2.6.9. Login and session details, browsing history and audit trails

5.2.7. Subscriber Management: The system shall Support following Subscriber management functions 5.2.7.1. Creation of subscribers as per the required packages. Activation of

subscribers as per the usage5.2.7.2. Renewal / Registration of the subscriber.5.2.7.3. Portal providing Self registration.

5.2.8. Accounting and Billing features: The system shall support the following features:5.2.8.1. Creation of various packages 5.2.8.2. Real time accounting of the usage5.2.8.3. Location wise usage and billing detail

5.2.9. All the features and functionalities should be IPv4 and IPv6 compliant.5.2.10. Radius / AAA

The AAA component of centralized authentication system shall have following features:

5.2.10.1. It shall support following Multi-Protocol & Multiple Authentication Method5.2.10.1.1. File, LDAP and RDBMS support for Authentication5.2.10.1.2. PAP, CHAP, MS-CHAPv2, and Extensible Authentication Protocol (EAP)

and its variants like TLS, TTLS, etc.5.2.10.1.3. It shall support authorization based on Access Policy, Concurrent Policy

and Radius Policy.5.2.10.1.4. It shall be deployed in 1+1 Mode and support Subscriber DB Failover

5.2.10.2. It shall support secured Wired 802.1x Network Access. Authentication shall be based on the EAP-TTLS which encrypts the user credentials and also ensures mutual authentication of WiFi Access point/Modem and RADIUS.

5.2.10.3. It shall have the option to forward the request to another AAA server based on a RADIUS attribute.

5.2.10.4. Irrespective of the mode of Access (such as dial-up access, outsourced remote access etc), it shall manage the authentication of all users/customers and deliver the appropriate level of service to each customer.

5.2.10.5. The AAA shall have proxy radius functionalities5.2.10.6. The AAA shall have policy engine for defining and implementing AAA policies.

Policies could be based on any attribute value pairs or their conditional operation. It shall be possible to configure policies on per user or user-group basis or service basis for IP address assignment, removal of selected attributes from access accept message, attribute mapping etc.

5.2.10.7. It shall be possible to create Vendor Specific Attribute definitions and update dictionary by the access server vendors.

5.2.10.8. It shall be possible to restrict authentication of one or group of users based on certain policy.

5.2.10.9. It shall enable defining access schemes by time-of-days, days-of-week, special

81

days etc.5.2.10.10. The RADIUS shall conform to all the latest relevant RFCs. It shall interoperate

with all RFC compliant RADIUS for distribution of authentication and accounting information.

5.2.10.11. RADIUS shall be configurable to understand various Vendor Specific Attributes for multi-vendor network elements. It shall be possible to support any other network element which has RADIUS Client support and which are deployed and may be deployed in future.

5.2.10.12. It shall be possible to deploy multiple RADIUS servers for failover in a distributed environment.. It shall also be possible to load balance multiple RADIUS servers.

5.2.10.13. RADIUS Server shall be able to handle at least 300 transactions per second.5.2.10.14. It shall be capable of authenticating through CLI, DNIS etc.5.2.10.15. It shall interoperate with external RADIUS servers using RADIUS Proxy

functionality of other service providers and enterprise customers. 5.2.10.16. It shall support integration with LDAP-based authentication, billing and

provisioning systems.5.2.10.17. It shall provide the functionality of authentication against credentials stored in

text file, LDAP database, SQL Database, RDBMS and any ODBC/JDBC-compliant database. No table or schema redesign should be necessary. Authentication shall be possible against one or more multi-vendor databases. It shall also be possible to run any LDAP filter or SQL query specified, for flexibility in retrieving the information.

5.2.10.18. It shall load balance authentication requests between several databases, to eliminate the risk of a single point of failure, and increase performance on busy networks using optimal network setup design.

5.2.10.19. It shall support concurrent access limits for users set up in database. 5.2.10.20. It shall be able to retrieve stored RADIUS attributes and profiles from the

database or LDAP directory to return to the network access equipment.5.2.10.21. It shall be able to authenticate remote users against the databases using

RADIUS interface such as:5.2.10.21.1. Shall be able to authenticate remote users via proxy RADIUS

requests to RADIUS servers at other sites, which have the necessary database to perform authentication.

5.2.10.21.2. Shall be possible to mix and match these authentication methods, and choose the order in which each is checked.

5.2.10.22. It shall also be able to forward proxy RADIUS requests to multiple target servers.

5.2.10.23. It shall be possible for proxy radius to maintain local copy of the accounting information as well as transferring it to remote radius.

5.2.10.24. It shall also provide proxy packet filtering. It shall use filtering to set up rules for handling packets that are forwarded to or received from target servers.

5.2.10.25. In addition to support for proxy RADIUS, it shall offer:5.2.10.25.1. Attribute translation capabilities.5.2.10.25.2. Flexible username format capabilities.5.2.10.25.3. Full SNMP reporting of proxy activity.

5.2.10.26. The Full support for Extensible Authentication Protocol (EAP) and the EAP authentication types EAP-MD5, EAP-TLS, EAP-PEAP and EAP-TTLS for compatibility with wireless LAN access points and hot spots.

5.2.10.27. It shall provide centralized management and administration associated with VPN/tunnel access. Shall support:

5.2.10.27.1. All standard RADIUS attributes, as well as the vendor-specific attributes including layer 2 tunnel with L2TP, PPTP and Ipsec etc.

82

5.2.10.27.2. Tunnel authorization based on username format (user@tunnel, tunnel#user), or the number (DNIS)

5.2.10.28. It shall be possible to query the RADIUS server to obtain users connection details, currently assigned IP address, session duration etc.

5.2.10.29. It shall be possible to report activities and system problems via SNMPv2 and V2c or higher, and support RADIUS client authentication and accounting MIBS, enabling proxy RADIUS activities to be reported to EMS.

5.2.10.30. It shall be able to support centralized Session management for Multiple AAA Server instances and should be able to access the session in real-time to another AAA Server in case of the failure of the AAA server instance. Should be able to support administration through Web based GUI for the datacenter customers subscribing to the AAA hosting services.

5.2.10.31. It shall control length of idle sessions and de-activate them after specified duration.

5.2.10.32. It shall simplify the set up and maintenance of multiple RADIUS servers from any Web browser. User profiles and server operation, including status and key statistics, can be configured and monitored remotely.

5.2.10.33. It shall allow view of log files from GUI Interface 5.2.10.34. It shall be able to authenticate access requests based on MAC address of the

end device or the WiFi Modem/Access point/Hotspot5.2.10.35. The simultaneous authentication must be scalable up to 1500 TPS. 5.2.10.36. AAA for Wi-Fi authentication should be access agnostic. For authentication,

control etc. of public Wi-Fi users the offered AAA shall be capable of interworking with the Wi-Fi network of any make which is using RADIUS/ open standard based protocols.

5.2.10.37. WPA/WPA2 Application Dialer5.2.10.37.1. The dialer shall be used by the client/user to put in login and

password/PIN information. It shall have following features:5.2.10.37.2. It shall be able to do all the configurations required to enable

WPA/WPA2 Protocol in client machine without manual intervention5.2.10.37.3. It shall support all the WPA/WPA2 compliant WiFi hotspot access points

currently available as well as configurable to support new WiFi hotspot access points from any vendor in future

5.2.10.37.4. It shall be easy to use for the end user5.2.10.37.5. It shall have simple & User friendly interface. It shall be easy to install &

use. The end user required not configure anything else, except Login details

5.2.10.37.6. It shall be able to run behind NAT or on private IP.5.2.10.37.7. It should be deployable in Windows 7,Windows 8,(or later versions),

Mac, Android, IOS etc. operating systems5.2.10.37.8. It should have support of having custom images like logo and company

information etc. 5.2.10.37.9. It should have GUI based diagnostic tool like ping etc for troubleshooting

WiFi connection5.2.10.37.10. The dialer shall support automatic upgrades.

5.2.11. Subscriber Management System & databaseThis system shall support following administrative and other feature related to subscriber management and database:

5.2.11.1. It shall offer complete subscriber management features in Subscriber Management options which mainly focuses on creating, editing, updating, renewing, deleting, and managing of accounts for all subscribers.

5.2.11.2. It shall support multiple Login Controls

83

5.2.11.3. It shall support Guest Management.5.2.11.4. It shall support bulk username and password creation 5.2.11.5. It shall support centralized Profile creation & Subscriber Provisioning5.2.11.6. It shall support Web self care for subscriber to track usage summary5.2.11.7. It shall support different customer acquisition process for Home, Office

&Public WiFi users5.2.11.8. It shall support time bound username & password generation for WiFi users5.2.11.9. It shall be able to bind the MAC of WiFi users5.2.11.10. It shall have centralized Database which enables administrator easily

manage database from a single point in distributed Architecture5.2.11.11. It shall allow administrator to define whether the subscriber has to be

added to the existing customer database or added as a fresh customer. Multiple subscribers shall be added under same customer. Administrator can define the username & password by which the subscriber can login.

5.2.11.12. It shall allow administrator to lists down the complete subscriber list in the system and allows updating or modifying subscriber information as required. Administrator can select the customer name from the list and update details.

5.2.11.13. The system shall access the data related to existing DSL subscribers from the existing database of MTNL.

5.2.11.14. The database for the system is to be provided by the vendor along with the required hardware, software, etc to maintain logs as per TRAI guidelines issued time to time.

5.2.12. Web Self Care: 5.2.12.1. This shall work as interface between MTNL and Wi-Fi user. Any prospective

user coming into MTNL public hotspot shall be presented a webpage portal giving details of Wi-Fi services, tariffs and procedure to subscribe to the services. The link to payment gateway and to download the dialer shall also be presented to the prospective user. The other features of the web self care shall be as follows:

5.2.12.2. The subscriber shall be able to check his Wi-Fi account details5.2.12.3. Shall be able to change his password5.2.12.4. Shall be able to create new WiFi accounts through Captive/Web portal5.2.12.5. Shall be able to display the complete information includes IP address using

which the subscriber logged in as well as the MAC address of the subscriber (if MAC binding option is selected).

5.2.12.6. For security reasons it shall suggest subscribers to regularly change or update their password.

5.2.12.7. It shall allow subscribers to update personal details and contact information5.2.12.8. Proposed customer Web self care for Wi-Fi users should integrated

seamlessly with existing customer Web self care deployed in MTNL for broadband services

5.3. Lawful Interception Reports5.3.1. System shall support all usage tracking which can be formatted into

comprehensive reports for security audits to enable service providers to comply with tracking, lawful interception and legal requirements for Public WiFi

5.3.2. It shall be able to provide custom reports so as to be able to generate reports as and when required by security agencies.

5.3.3. The administrator should be able to trace session details based on the IP address and time interval for identification of malicious activities

5.4. Hardware Requirements:5.4.1. The hardware shall be designed for 5000 AAA licenses. Hardware sizing shall be

based on the following CPU utilization metric 84

5.4.1.1. CPU Utilization = (100 – CPU Idle)%

5.4.1.2. Peak CPU Utilization shall not exceed 75% at any time, on 24x7 basis.

5.4.1.3. Average CPU Utilization over any hour, measured at 5 minute intervals, shall not exceed 70%.

5.4.2. In case CPU utilization exceeds the value defined in Clause-5.4.1, bidder shall supply additional hardware free of cost to MTNL.

5.4.3. Bidders must note that the hardware sizing indicated in this document is minimum and indicative.

5.4.4. Bidder shall provide a combined certificate in Annexure- IV Section IX from the OEM that the hardware quoted in the bid is sufficient to meet the application requirements as per the tender, failing which the bid shall be considered non-compliant. Certificate shall be signed by the Authorized Signatory/Country Manager of the Application OEM, Hardware OEM and the Bidder.

5.4.5. Ample storage has been provided for this purpose. The bidder shall design the system taking in consideration the interface and other requirements of the storage.

5.4.6. If any additional hardware, software and licenses are needed to meet the requirement of this tender document, the same shall be quoted, by the bidder, along with sizing details and bill of material.

5.4.7. If any specific module of the application requires separate hardware for proper functioning, the same shall be quoted, by the bidder, along with sizing details and bill of material.

5.4.8. If at any stage of this project and till the full capacity is reached it is found that the solution requires additional hardware, software, licenses or other resources or any customization effort to meet the requirements envisaged in this tender document, the same shall be supplied and implemented free of any cost to MTNL.

5.4.9. The ambient temperature of the Data center is expected to be aprox. 23 degree centigrade. The bidders shall propose their solution taking this into consideration.

5.5. Servers5.5.1. Bidder shall quote Servers based solution.5.5.2. All the servers shall be in High availability or Load balancing mode as per the

requirement.5.5.3. It must be possible to optimize or improve the performance of the system by

distributing the processing resources. 5.5.4. The system must be capable of delivering 99.999% service availability.

5.6. Server Configuration:5.6.1. All the servers shall have following configurations:5.6.2. The Server shall have latest Operating system with licenses with latest generation.5.6.3. Minimum 2 GigE Ports (External) on two Ethernet Card to enable LAN

Connectivity for redundancy5.6.4. Minimum of 2 MB of L2/L3 Cache5.6.5. One DVD-RW Drive (8X or above).5.6.6. Each server to have 20/40 GB DAT drive or higher.5.6.7. Minimum 3 PCI (or higher) Expansion slots per server. 5.6.8. Minimum 2 USB ports/server.5.6.9. Redundant load sharing and hot swappable power supplies. Redundant power

supplies shall have multiple feeds.5.6.10. High availability cluster (wherever applicable)5.6.11. Journal File System and Volume manager to mirror OS Disks.5.6.12. The database clustering shall be based on an architecture that shall eliminate the

85

application or its part going down in case of failure of any of the node in cluster.5.6.13. High availability cluster (wherever applicable): Bidder shall quote cluster software

license along with application HA agents.5.6.14. All necessary patch cords and other installation materials shall be supplied. The

servers shall be rack mounted.

6. LAN SWITCH 8 Ports6.1. Device Type Switch - 8 ports – L2 - managed6.2. Enclosure Type Rack-mountable - 1U6.3. Ports 8-port 10/100(PoE+) + 2 x combo Gigabit SFP6.4. Power Over Ethernet (PoE) POE +6.5. Switching capacity 5.6 Gbps Half-Duplex6.6. Forwarding performance 4.17 Mpps

(64-byte packet size)

6.7. MAC Address Table Size 8k entries6.8. Capacity 255 Active VLANs6.9. Remote Management Protocol SNMP, HTTP, HTTPS, SSH, CLI6.10. Authentication Method Secure Shell (SSH), RADIUS, TACACS6.11. Features

Layer 2 switching, DHCP support, VLAN support, IGMP snooping, syslog support, DoS attack prevention, port mirroring, broadcast storm control, IPv6 support, multicast storm control, unicast storm control, firmware upgradable, Spanning Tree Protocol (STP) support, Trivial File Transfer Protocol (TFTP) support, access control list (ACL) support, quality of service (QoS), jumbo frames support

6.12. RAM 64 MB6.13. Flash Memory 16 MB flash6.14. Status Indicators Link activity, port transmission speed,

system

6.15. Expansion / Connectivity Interfaces8 x 10Base-T/100Base TX/1000 Base T - RJ-45 - PoE+ ¦ 1 x console - 9 pin D-Sub (DB-9)/RJ-45/USB management ¦ 2 x 10Base-T/100Base-TX/1000Base-T - RJ-45 / SFP (combo)

7. LAN SWITCH 16 Ports7.1. Device Type Switch - 16 ports – L2 - managed7.2. Enclosure Type Rack-mountable - 1U7.3. Ports 16-port 10/100(PoE+) + 2 x combo Gigabit SFP7.4. Power Over Ethernet (PoE) POE+ 7.5. Switching capacity 5.6 Gbps Half-Duplex7.6. Forwarding performance 4.17 Mpps

(64-byte packet size)

7.7. MAC Address Table Size 8K entries7.8. Capacity 255 Active VLANs7.9. Remote Management Protocol SNMP, HTTP, HTTPS, SSH, CLI7.10. Authentication Method Secure Shell (SSH), RADIUS, TACACS7.11. Features

Layer 2 switching, DHCP support, VLAN support, IGMP snooping, syslog support, DoS attack prevention, port mirroring, broadcast storm control, IPv6 support, multicast storm

86

control, unicast storm control, firmware upgradable, Spanning Tree Protocol (STP) support, Trivial File Transfer Protocol (TFTP) support, access control list (ACL) support, quality of service (QoS), jumbo frames support

7.12. RAM 128 MB7.13. Flash Memory 16 MB flash7.14. Status Indicators Link activity, port transmission speed,

system

7.15. Expansion / Connectivity Interfaces16 x 10Base-T/100Base TX/1000 Base T - RJ-45 - PoE+ ¦ 1 x console - 9 pin D-Sub (DB-9)/RJ-45/USB management ¦ 2 x 10Base-T/100Base-TX/1000Base-T - RJ-45 / SFP (combo)

8. Cat 6 Cable

8.1. Conductor Stranded Bare Copper (23 AWG) and shall be universal RJ-45 type.8.2. Insulation HDPE (CMI-75E) , Nominal Wall Thickness: 0.178mm , Min. Thickness 0.15mm8.3. Jacket 75°C LSZH Compound , Nominal Wall Thickness 0.50mm , Overall Diameter:

5mm ± 0.3mm8.4. Electric Requirement (Cable length: 100m) Characteristic Impedance (Zo): 85~115Ω

(1~250 MHz) ,Conductor Resistance: 14.00Ω/100m 20o Max. Capacitance 40 pF per meter.

8.5. Remarks The UTP Cabling shall meet ISO 11801 cabling standards and local construction and telecommunication regulation

9. 6U Wall Mount Network Rack

9.1. Front Door with Toughened Glass quality.9.2. Adjustable Mounting rails -  Front and Back9.3. Fan Mounting provision9.4. Top and bottom cable entry provides Optimal flexibility for cable management9.5. Backside open with Easy wall mount provision9.6. Frame structure with max loading capacity up to 60kg 9.7. Compatible with 19” International standards & ETSI standard9.8. Power strip and cable manager

10. Laying of cable as per requirement. (inclusive of fitting fixture and materials)Specifications of various types of PVC conduits/pipes and accessories, corrugated flexible pipes, Tuflex pipes, PVC battens and fitting materials which have to be supplied and used by the contractor before and during the execution of work under the items as in SOR.

A. Plain Ended / socket Ended PVC rigid conduits/pipes

Purpose: PVC rigid conduits/pipes of sizes 25mm, 40mm & 50mm will be fitted on the wall of the building/blocks and shall be used to protect the Ethernet cable laid in these pipes.

Specifications

87

PVC conduits shall be as per IS: 9537(Part3) 1983 (Reaffirmed 2001) with latest amendment & its related mentioned IS numbers “for specification for PVC conduits for electrical installation”.

PVC conduits shall be manufactured in accordance with international standards ISO 9001-2000 for which the manufacture should be duly accredited.

Dimensions

PVC pipe classified as medium with following dimensions as specified in the IS shall be supplied.

Nominal size of PVC Conduits

Outside diameter

Inner diameter

Wall thickness

Classification

25mm 25 21.4 1.80 Medium

40mm 40 35.4 2.30 Medium

50mm 50 44.3 2.85 Medium

Type of PVC conduits

PVC conduits 40mm & 50mm will be Plain Ended i.e. without socket ended. Where as PVC conduits 25 mm shall be socket ended at one side.

Length of Conduits

Standard length of PVC conduits shall be 3 meter as specified in the IS.

General requirement

The internal and external surface of the PVC pipe shall be smooth, clean and free from grooving and other effects for quick laying and easy drawing of cables.

The colour of the pipes shall be light Grey/Ivory/white. Each pipe shall be clearly and indelibly marked with manufacture’s name or trade mark, size,

length, standard mark and information relating to classification etc as per IS standard.

B. PVC Spout type Circular Box three ways with PVC front cover (PVC Tee)

Purpose: PVC Spout type circular box 3 way will be fitted in between the PVC rigid pipes for distribution of fiber to each floor of the building.

Specifications

Spout type circular box 3 ways with front PVC cover shall be as per Indian Standard IS: 3419- 1988 (reaffirmed 2001) with latest amendment & its related mentioned IS numbers.

Spout type circular box 3 ways shall be manufactured in accordance with international standards ISO 9001-2000 for which the manufacture should be duly accredited.

The design of Spout type circular box 3 ways shall be as per the diagram (D) of table 9 on page 10 of the said IS.

The inner diameter of spouts of Spout type circular boxes of sizes 25mm, 40mm and 50mm shall be such that it should be properly fitted over the outer surface of the supplied PVC rigid conduits of nominal outer diameter 25mm, 40mm and 50mm respectively (Item A).

88

Dimensions

The dimensions of 25 mm spout type box shall be as specified in the said IS. However since the dimensions of 40mm & 50mm spout type box have not specified in said IS, so the size & dimensions etc. of 40mm & 50mm spout type boxes shall be such that it should be properly fitted over the outer surface of the supplied PVC rigid conduits of nominal outer diameter 40mm and 50mm respectively similar to that in the case of 25mm box. All other specifications shall be as per IS.

Wall thickness

Wall thickness of the three type of Spout type circular boxes 3 way shall be as mentioned in table given below in order to meet the requirement as set out above.

Size 25mm 40mm 50mm

Minimum Wall thickness of the box 1.6 2.3 2.8

Cover

The cover of the spout type circular box should be made of the same material and specification as the box and shall have minimum thickness equal to wall thickness of the box as specified above and fitted to the box with screws (Refer IS: 4218). The diameter of the cover of the box shall be equal to the external diameter of the box

General Requirement

The internal and external surface of the box shall be smooth, clean and free from grooving and other effects for quick laying and easy drawing of cables.

Easy to fit over the pipes and no threading is required The colour of the spout type boxes shall be light Grey/Ivory/white same as per the colour of

PVC pipes.

C. Corrugated flexible PVC pipes

Purpose: Corrugated flexible PVC pipes shall be used as long bends at the Turns/corners of the walls depending upon the local constraints and jointed with the rigid PVC pipes through Slip type PVC Couplers. 16mm Corrugated flexible PVC pipes mostly shall be used as to protect the Ethernet cable and to be fitted/ laid inside false ceiling along the tray, runway and wall depending upon the local constraints.

Specifications

Corrugated flexible PVC pipes shall be as per Indian Standard IS: 9537(Part 4)- 1983 (reaffirmed 1996) & its related mentioned IS numbers 2001 with latest amendment if any.

The corrugated flexible PVC pipes shall be manufactured in accordance with international standards ISO 9001-2000 for which the manufacture should be duly accredited.

Dimensions

Corrugated flexible PVC pipe classified as medium with following dimensions as specified in the IS shall be supplied.

89

Nominal/ Outside diameter

Tolerance on Outside diameter

Inside diameter

Length of the coils

Reference

25mm -0.4mm 18.3 mm 50m IS: 9537 (Part 4) – 1983 (reaffirmed 1996)

40 mm -0.4mm 31.2 mm 50m IS: 9537 (Part 4) - 1983 (reaffirmed 1996)

50 mm -0.5mm 39.6 mm 25m IS: 9537 (Part 4) - 1983 (reaffirmed 1996)

General Requirement

The internal and external surface of the pipe shall be smooth, clean and free from grooving and other effects for quick laying and easy drawing of cables.

The pipe should be flexible, twistable in vertical and axial direction. The colour of the flexible pipes shall be light Grey/Ivory/white same as per the colour of rigid

pipes. Each length shall be clearly and indelibly marked with manufacture’s name or trade mark,

size, length, standard mark and information relating to classification etc. at regular interval of about 1 metre

D. PVC Slip type coupling Bends

Purpose: PVC slip type coupling bends will be fitted in between the PVC rigid pipes at the corners/turns.

Specifications

PVC slip type coupling bends shall be as per Indian Standard IS: 3419- 1988 (reaffirmed 2001) with latest amendment if any & its related mentioned IS numbers.

PVC slip type coupling bends shall be manufactured in accordance with international standards ISO 9001-2000 for which the manufacture should be duly accredited

The design and dimensions shall be as per the diagram table 5 on page 6 of the said IS. The inner diameter of PVC slip type coupling bends of sizes 25mm, 40mm and 50mm shall

be such that it should be properly fitted over the outer surface of the supplied PVC rigid conduits of nominal outer diameter 25mm, 40mm and 50mm respectively (Item A).

Inner Diameter

The inner diameter of collar of PVC slip type coupling bends shall be as given below.

Nominal Size

Inner diameter of collar

Reference

25mm 25.1mm +0.3 In IS: 3419- 1988 (reaffirmed 2001) with latest amendment

40mm 40.1mm +0.4 In IS: 3419- 1988 (reaffirmed 2001) with latest amendment.

50mm 50.1mm +0.4 In IS: 34 In IS: 3419- 1988 (reaffirmed 2001) with latest amendment .90

General Requirement

The internal and external surface of the bends shall be smooth, clean and free from grooving and other effects for quick laying and easy drawing of cables.

Easy to fit over the pipes and without threading. The colour of the bends shall be light Grey/Ivory/white same as per colour of PVC pipes.

E. PVC Slip Type Coupler

Purpose: PVC slip type coupler will be used for coupling the PVC rigid pipes and also in between PVC corrugated flexible pipe and PVC rigid pipes at bends/turns.

Specifications

PVC slip type coupler shall be as per Indian Standard IS: 3419- 1988 (reaffirmed 2001) with latest amendment if any & its related mentioned IS numbers.

PVC slip type coupler shall be manufactured in accordance with international standards ISO 9001-2000 for which the manufacture should be duly accredited.

The design and dimensions shall be as per the diagram table 1 on page 3 of the said IS. The inner diameter of the collar of PVC slip type couplers of sizes 25mm, 40mm and

50mm shall be such that it should be properly fitted over the outer surface of the supplied PVC rigid conduits of nominal outer diameter 25mm, 40mm and 50mm respectively (Item A).

Inner Diameter of collar

The inner diameter of collar of PVC slip type coupler shall be as mentioned below.

Nominal Size of coupler

Inside diameter of collar

Reference

25mm 25.1mm +0.3 In IS: 3419- 1988 (reaffirmed 2001) with latest amendment

40mm 40.1mm +0.4 IS: 3419- 1988 (reaffirmed 2001) with latest amendment

50mm 50.1mm +0.4 IS: 3419- 1988 (reaffirmed 2001) with latest amendment

General Requirement

The internal and external surface of the coupler shall be smooth, clean and free from grooving and other effects for quick laying and easy drawing of cables.

Easy to fit over the pipes and without threading. The colour of the coupler shall be light Grey/Ivory/white same as per the colour of PVC

pipes.

F. PVC Battens

91

Purpose: The PVC battens 1/2” (12mm) and 1” (25mm) shall be used to protect the ethernet cable at the subscriber premises for providing the FTTH connection / connecting AP to switch.

Specifications

The PVC battens shall be as per Indian Standard IS: 14927 (Part I ) – 2001 with latest amendment if any and its related mentioned IS numbers.

The PVC battens shall be manufactured in accordance with international standards ISO 9001-2000 for which the manufacture should be duly accredited.

Dimensions

Size

Internal cross section mm2

Outer Width mm

Outer Height mm

Wall thickness mm

Reference

12x12 mm 119.5 12.0+0.2 12.0 + 0.2 1.2IS: 14927 (Part 1) – 2001

25x12 mm 239.1 25.0+0.2 12.0 + 0.2 1.2IS: 14927 (Part 1) – 2001

Length of Battens

The length of the battens will be minimum 2 metre as prescribed in the IS specifications.

General Requirement

The PVC cover of the batten should fit properly in to the PVC batten‘s base and it should be locked properly after laying the cable through the batten.

The internal and external surface of the batten shall be smooth, clean and free from grooving and other effects for quick laying and easy drawing of cables.

The colour of the PVC batten shall be light white or ivory. Each length shall be clearly and indelibly marked with manufacture’s name or trade mark,

size, length, standard mark etc as per IS standard.

G. U Clamps

Purpose: U clamps with rawl plugs & screws shall be used for fitting the PVC pipes on the wall. TEC GR for U Clamps with rawl Plugs & Screws is not available.

Specifications:

PVC U clamp with Base Plate for 25mm/40mm/50mm PVC pipes

It is made of high impact PVC. Indian Standard IS: 3419 - 1988 (reaffirmed 2001) ”for fittings for rigid non metallic conduits” shall be followed for general requirement and method of testing of the clamps to ensure the quality of the product supplied.

The internal diameter of the 25mm, 40mm & 50mm U Clamps should be such that the clamps shall be able to hold firmly 25 mm, 40mm & 50mm PVC pipes respectively.

The PVC base plate should be tightly screwed with PVC U clamp with Pan Philip/star head machine screws made of high quality mild steel. The screws should be hot dip galvanized. The dimensions of the Pan Philip/star head machine screws will be according to the size of the side holes.

The shape of the hole provided at the centre of the base plate of the clamp should be such that it gives adequate play (adjustment to left or right) to the clamp to align the pipe straight on

92

the wall. The dimensions of center hole should be such that the CSK head screws of size 10x38 mm can easily be inserted and hold the head of the screw on the base plate so that the base plate is firmly fixed on the wall by tightening the screw.

The depth of side holes & centre holes shall be equal to the depth of the base plate. The colour of the Clamp with base plate shall be of light grey/Ivory/white colour same as the

colour of the PVC conduits supplied. These will have neat finish and free from any sharp edges.

Note: MTNL reserves the right to test on sample basis from the standard testing lab prescribed by the Govt. of India as per Indian Standard (IS) as mentioned under clause 1 item A to H of Section VI of PVC conduits/pipes, and accessories, corrugated flexible pipes, Tuflex pipes, PVC battens and fitting materials which has to be supplied and used by the contractor before and during the execution of work under the item rates as per section V. The cost of the testing shall be borne by the vender.

H. Screws and Rawl Plug

Purpose: The screw with rawl Plug will be used for fitting the base plate of PVC U clamp with the wall.

Specifications of Screw 10x38 mm

The screw should be made of mild steel, 38 mm long, sharp pointed end, full thread and CSK head of 10mm diameter with a slot minimum 1.4mm x 1.4mm deep. The screw should be hot dip galvanized.

Specifications of 40mm rawl plug

The rawl plug 40mm long with head diameter of 10 mm shall be used for easy & convenient fixing of screw into the wall. The material used shall be Low Density Poly Ethylene (LDPE) plastic. The design of the rawl plug should be such that it should be firmly fitted in the wall for which it should have number of projections on the periphery on whole length and the screw 10x38mm should be tightly screwed in it for which the hole should be of appropriate size and have projections inside.

11. Laptop11.1. Processor : Core i5 , 2.5 Ghz, Dual Core , 3MB Cache11.2. Screen Size : 15.6 Inch 11.3. Memory (Ram) : 4 GB DDR3 or higher11.4. Hard Disk Capacity : 500 GB or higher SATA 3 HDD 11.5. Operating System : Licensed Windows 8.1 software11.6. WiFi , Bluetooth enabled 11.7. Built in webcam; integrated sound and graphics controller with stereo speakers & Mic11.8. Keypad with palm rest & touch pad with scroll/track point11.9. DVD R/W11.10. Gigabit ETH Port , ipv6 compliant11.11. AC power adapter with good quality carrying case11.12. Battery Backup : 6 Hours under standard working conditions with rechargeable Li-Ion

battery

12. PC (Desktop)

12.1. Processor : Intel Core i5 , 2.8 Ghz, Quad Core , 6MB Cache93

12.2. Memory (RAM) : 4 GB DDR III, 1333 Mhz or higher12.3. Integrated Sound and Graphics Controller 12.4. TCO 05 Certified 17" or higher TFT LCD Monitor with 5 ms or better response time12.5. Hard Disk Capacity : 500 GB or higher SATA II at 7200 rpm12.6. Operating System : Licensed Windows 8.1. 12.7. DVD R/W12.8. Gigabit Ethernet Controller , ipv6 compliant12.9. 104 keys OEM keyboard , optical scroll mouse

13. PON Power Meter 13.1. TEC/GR/TX/OPM-03/01/APR-2010 (with latest amendment if any) with additional

features13.2. Battery Type Rechargeable

14. Optical Power Meter

14.1. Power Meter (Type-B) GR/OPM-01/03.FEB 2005 (with latest amendment if any) with additional features

14.2. Detector Type GE14.3. Calibrated wavelengths 850 nm,1300 nm, 1310 nm,

1450 nm, 1490 nm, 1550 nm

14.4. Measurement range +5 dBm to -60 dBm14.5. Accuracy 5%14.6. Optical connector Universal with adopter FC-PC &

SC-PC

14.7. Battery type Rechargeable 14.8. Battery life more than 300 hrs

15. Printer - All in One Printers

15.1. Colour Type : Monochrome 15.2. Cartridge Type : Laser 15.3. Utility : Bold, crisp text and sharp images with up to 1200 dpi (image quality) print

resolution.15.4. Printing Output : Black / White15.5. Size : L15.6. Prints up to 20 A4-sized pages per minute. 15.7. 4800 x 4800 dpi enhanced scan resolution.15.8. It shall be able to use as FAX machine also.

16. Integration of NMS (Sl. No. 4) with FTTH EMS

It should be integrated with existing FTTH AEMS (Alphion Make). Alphion EMS can be integrated to North Bound Interface using the CORBA IDL based on the TMF 814 standards. Alphion will provide the North Bound Interface CORBA IDL API’s whenever the NMS core is ready

17. UPS

UPS for Data Center Configuration 1+1 as per requirement with Six Hours back up, as per TEC GR No.GR-UPS-01/03 May 2006.

94

All the Power cabling (Input and Output) to done by the successful bidder with distribution box/s as per requirement.

SECTION-VII (PART-I)

BID FORM (Letter of Proposal)(On Bidder’s letter head)

T.E No.: MTNL/DEL/EB/Wi-Fi/2014-15/10

(Date and Reference)

To, AGM(MM) EB MTNL Delhi

Dear Sir,

Subject: T.E No.: MTNL/DEL/EB/Wi-Fi/2014-15/10 for “Supply, Installation, Testing and Commissioning (SITC) of WI-FI Hotspot Network ”

With reference to your NIT Document dated ……………, I/We, having examined all relevant documents and understood their contents, hereby submit our Proposal for selection as Bidder for ‘Supply, Installation, Testing and Commissioning (SITC) of WI-FI Hotspot Network.

1. The proposal is unconditional and unqualified.

2. I/We hereby confirm irrevocably clause by clause compliance to all Technical specifications and other terms and conditions as given in section-I to X of this NIT. A statement of “NIL” deviation or deviations, if any are given in statement of deviations attached with this proposal. This confirmation to compliance here supersede any clarification or compliance not confirmed separately & individually else where in the proposal.

3. I/We acknowledge that the Purchaser will be relying on the information provided in the Proposal and the documents accompanying the Proposal for selection of the Bidder, and we certify that all information provided in the Proposal and in the Appendices is true and correct, nothing has been omitted which renders such information misleading; and all documents accompanying such Proposal are true copies of their respective originals.

95

4. This statement is made for the express purpose of appointment as the Bidder for the aforesaid Project.

5. I/We shall make available to the Purchaser any additional information it may deem necessary or require for supplementing or authenticating the Proposal.

6. I/We certify that we fulfill all the Technical, Financial and any other eligibility requirement as specified in this NIT.

7. I/We certify that in the last two years, we or any of our Associates have neither failed to perform on any contract, as evidenced by imposition of a penalty by an arbitral or judicial Purchaser or a judicial pronouncement or arbitration award against the Bidder, nor been expelled from any project or contract by any public Purchaser nor have had any contract terminated by any public Purchaser for breach on our part.

8. I/We certify that I/We have not has been barred in last five years by the Central Government, any State Government, a statutory Purchaser or a public sector undertaking, as the case may be, from participating in any project, and the bar subsists as on the date of the Proposal, would not be eligible to submit a Proposal either by itself or through its Associate.

9. I/We declare that:

a. I/We have examined and have no reservations to the NIT Documents, including any Addendum issued by the Purchaser;

b. I/We do not have any conflict of interest in accordance with this NIT Document;

c. I/We have not directly or indirectly or through an agent engaged or indulged in any corrupt practice, fraudulent practice, coercive practice, undesirable practice or restrictive practice, as defined in this NIT document, in respect of any tender or Notice Inviting Tender issued by or any agreement entered into with the Purchaser or any other public sector enterprise or any government, Central or State; and

10. I/We understand that you may cancel the Selection Process at any time and that you are neither bound to accept any Proposal that you may receive nor to select the Bidder, without incurring any liability to the Bidders in accordance with this NIT document.

11. I/We declare that we are not a member of any other Consortium applying for Selection as a Bidder under this NIT.

12. I/We certify that in regard to matters other than security and integrity of the country, we or any of our Associates have not been convicted by a Court of Law or indicted or adverse orders passed by a regulatory Purchaser which would cast a doubt on our ability to undertake the Consultancy for the Project or which relates to a grave offence that outrages the moral sense of the community.

13. I/We further certify that in regard to matters relating to security and integrity of the country, we have not been charge-sheeted by any agency of the Government or convicted by a Court of Law for any offence committed by us or by any of our Associates.

14. I/We further certify that no investigation by a Government authority is pending either against us or against our Associates or against our CEO or any of our Directors/Managers/employees.

96

15. I/We hereby irrevocably waive any right or remedy which we may have at any stage at law or howsoever otherwise arising to challenge or question any decision taken by the Purchaser [and/ or the Government of India] in connection with the selection of Bidder or in connection with the Selection Process itself in respect of the above mentioned Project.

16. I/We agree and understand that the proposal is subject to the provisions of the NIT document. In no case, shall I/we have any claim or right of whatsoever nature if the Consultancy for the Project is not awarded to me/us or our proposal is not opened or rejected.

17. I/We agree to abide by this Bid for a period of 150 days from the date fixed for Bid opening and it shall remain binding upon us and may be accepted at any time before the expiration of that period.

18. A Power of Attorney in favor of the authorized signatory to sign and submit this Proposal and documents has already been submitted as part of Technical proposal (if required).

19. In the event of my/our firm being selected as the Bidder, I/we agree to enter into an Agreement in accordance with the provisions as specified by the Purchaser.

20. I/We have studied NIT and all other documents carefully. We understand that except to the extent as expressly set forth in the Agreement, we shall have no claim, right or title arising out of any documents or information provided to us by the Purchaser or in respect of any matter arising out of or concerning or relating to the Selection Process including the award of Consultancy.

21. The Financial Proposal is being submitted in a separate cover. This Technical Proposal read with the Financial Proposal shall constitute the Application which shall be binding on us.

22. I/We agree and undertake to abide by all the terms and conditions of the NIT Document.

23. Having examined the conditions of contract and specifications including addenda Nos......................the receipt of which is hereby duly Acknowledged, we, 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 this Bid.

24. We undertake, if our Bid is accepted, to commence deliveries within (……..) months and to complete delivery of all the items specified in the contract within two months calculated from the date of issue of your purchase order.

25. If our Bid is accepted, we will obtain the performance guarantees of a Scheduled Bank for a sum @ 5% of the contract value for the due performance of the contract.

26. 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.

27. Bid submitted by us is properly sealed and prepared so as to prevent any subsequent alteration and replacement.

28. We understand that you are not bound to accept the lowest or any bid, you may receive.

97

Dated this .............................. day of ........................ 200Name and Signature ------------------------In the capacity of ----------------------

Duly authorized to sign the bid for and on behalf of..............................................Witness.........................................Address...................................... Signature

*****

98

SECTION VII (PART-II) T.ENo.:MTNL/DEL/EB/Wi-Fi/2014-15/10 PRICE SCHEDULE FOR INDIGENOUS EQUIPMENT

Table-1S

l.No.

Item

Des

crip

tion

Qua

ntity

Ex-

fact

ory

pric

e (

Bas

ic U

nit

Pric

e e

xclu

sive

of

all Non-CENVAT-able Duties

Uni

t Pric

e in

clus

ive

of a

ll no

n C

EN

VA

T-ab

le le

vies

&

cha

rges

(4+6

+8+9

)

Tota

l Pric

e in

clus

ive

of a

ll no

n-C

EN

VA

T-ab

le le

vies

Impo

rt C

onte

nt a

s %

of b

asic

uni

t pric

e (In

dica

ted

in C

ol. 4

)

% a

ge o

f C

usto

m d

uty

Cus

tom

s Ta

riff H

ead

CENVAT-able Duties

Sales Tax Freight, Forwarding, Packing & Insurance

Any

oth

er le

vies

/cha

rges

(non

-CE

NV

AT-

able

) Excise Duty

Any

oth

er le

vies

/cha

rges

(CE

NV

AT-

able

)

% Amt. % Amt. % Amt

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18

1 Wi-Fi Indoor Access Points (AP) 2,450

2 Wi-Fi Outdoor Access Points (AP) 850

3 Wireless Controller (WLC)

Hardware 2 (1+1)

Software 1 package

Licenses 3,500

4 Network Management System (NMS)

Hardware 1

Software 1

99

Licenses (wired & wireless devices) 4,500

5 Centralized Authentication System

Hardware 2 (1+1)

Software 1 package

Licenses 5,000

6 Managed Gigabit LAN Switch 8 ports 802.3af 650

7 Managed Gigabit LAN Switch 16 ports 802.3af 150

8 Laptop 8

9 PC 8

10 PON Meter 4

11 Power Meter 4

12 Printer (Laser – All in One) 3

13 UPS For Data Center 1+1

14 Any other Item (specify) required for the project

100

NNOTE:1. We hereby certify that Customs Tariff Head shown in Col. 15 are correct & CENVAT Credit for the amount shown in Col. 17 above is admissible as per CENVAT Credit

Rules 2004.2. The bidder shall quote for hardware and software as per special condition of contract and SOR.3. The bidder submitted the offer with concessional sales tax shall submit the proof of applicable concessional sales tax. 4. Bidder shall mention Make & Model No. against each item.5. Bidder may quote their price with CST in case of interstate supply and MTNL will issue form C against these items (Signature

of Bidder) Name: SECTION VII (PART-II) T.ENo.:MTNL/DEL/EB/Wi-Fi/2014-15/10 *PRICE SCHEDULE FOR IMPORTED EQUIPMENT

Table-2

101

*for applicable items ¸ NOTE:

102

Sl.

No.

Item

Des

crip

tion

Mak

e &

Mod

el Q

uant

ity

Non CENVAT-able Duties

Oth

er N

on-C

EN

VA

T-ab

le l

evie

s a

nd

char

ges

if an

y

Pric

e pe

r uni

t FO

R s

ite

incl

usiv

e of

all

no

n-C

EN

VA

T-ab

le ta

xes

and

levi

es

(4+6

+8+1

0+11

)

Tota

l Pric

e in

clus

ive

of a

ll no

n-C

EN

VA

T-ab

le le

vies

& C

harg

es ta

xes

(3 x

12)

Cus

tom

Tar

iff H

ead

(CTH

)

CENVAT-able duties

Pric

e pe

r Uni

t CIF

Custom Duty component (Non-CENVAT-able)

Sales Tax Packing & Inland Freight

Custom Duty

An

othe

r CE

NV

AT-

able

levi

es &

ch

arge

s

% Amt. % Amt % Amt. % Amt.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18

1. We hereby certify that Customs Tariff Head shown in Col. 15 are correct & CENVAT Credit for the amount shown in Col. 17 above is admissible as per CENVAT Credit Rules 2004.

2. The bidder shall quote for hardware and software as per special condition of contract and SOR.3. The bidder submitted the offer with concessional sales tax shall submit the proof of applicable concessional sales tax. 4. Bidder shall mention Make & Model No. against each item.

(Signature of Bidder)

Name:

SECTION VII (PART-II)

PRICE SCHEDULE FOR Installation & Commissioning

Table-3

T.ENo.:MTNL/DEL/EB/Wi-Fi/2014-15/10

103

Sl. No. Item description Installation and commissioning charges of equipments mentioned in SOR

CENVAT-able Taxes

1 2 3 4

(Signature of Bidder)

Name:

SECTION VII (PART-II) PRICE SCHEDULE FOR Passive Services

T.ENo.:MTNL/DEL/EB/Wi-Fi/2014-15/10 Table-4

104

(Signature of Bidder)

Name:

SECTION VII (PART-II) PRICE SCHEDULE FOR ANNUAL MAINTENANCE CONTRACT FOR 4 YEARS beyond 3 years warranty.

105

Sl. No.

Item Description detail Quantity

Price per Unit

Total price (col.4 X col.5)

CENVAT-able Taxes

1 2 3 4 5

1 Laying of UTP cable per mtr Rate to be quoted per mtr

160 Km

2 Laying of conduit per mtr Rate to be quoted per mtr

15 Km

3 Laying of Battens per mtr Rate to be quoted per mtr

90 Km

4 Laying of Corrugated flexible PVC pipes per mtr

Rate to be quoted per mtr

5 Km

5 Fixing of 6U Wall Mount Network Rack Per unit 800

6 Poles (If require, at site to install outdoor APs)

Per unit 200

Total

T.ENo.:MTNL/DEL/EB/Wi-Fi/2014-15/10

Table -5

Table-5

NOTE:

1.Bidder shall calculate NPV value of AMC price considering discounting @12% per annum against each year.

(Signature of Bidder)

Name:

SECTION VII (PART-II)

PRICE SCHEDULE FOR FINAL PRICE OF THE PROJECT

106

Sl. No.

Item Description Price inclusive of all Non CENVAT-able duties and taxes (in INR)

CENVAT-able duties and taxes ( in INR)

1 2 3 41 1st year

2 2nd year

3 3rd year

4 4th year

Total

T.ENo.:MTNL/DEL/EB/Wi-Fi/2014-15/10

Table-6

(Signatur

e of Bidder)

Name:

107

Sl. No. Item Description

Total price (excluding Non CENVAT-able duties and taxes) l

Total price (including Non CENVAT-able duties/Taxes

Total CENVAT-able duties/Taxes

1 Table-1

2 Table-2

3 Table-3

4 Table-4

5 Table-5

Total

SECTION VIII

BID SECURITY FORMT.ENo.:MTNL/DEL/EB/Wi-Fi/2014-15/10

Whereas .................................. (hereinafter called “the Bidder”) has submitted its bid dated............for the supply of ........................ vide Tender No…………………… dated............ KNOW ALL MEN by these presents that WE....................... OF .................... having our registered office at .................(hereinafter called “the Bank”) are bound unto MAHANAGAR TELEPHONE NIGAM LIMITED (hereinafter called “the Purchaser”) in the sum of Rs.................... for which payment will and truly to be made of the said Purchaser, the Bank binds itself, its successors and assigns by these present.

THE CONDITIONS of the obligation are:

1. If the Bidder withdraws his bid during the period of bid validity specified by the Bidder on the Bid form or

2. If the Bidder, having been notified of the acceptance of his bid by the Purchaser during the period of bid validity

(a) Fails or refuses to execute the Contract, if required; or

(b) Fails or refuses to furnish the Performance Security, in accordance with the instructions to Bidders.

We undertake to pay to the Purchaser up to the above amount upon receipt of its first written demand, without the purchaser having to substantiate its demand, provided that in its demand, the purchaser will note that the amount claimed by it is due to it owning to the occurrence of one or both of the two conditions, specifying the occurred condition or conditions.

This guarantee will remain in force as specified in clauses 13 and 33.2 of section II of the Bid Document upto and including THIRTY (30) days after the Period of bid validity and any demand in respect thereof should reach the Bank not later than the specified date/dates.

Signature of the Bank Authority.

Name

Signed in Capacity of

Name & Signature of witness Full address of Branch

Address of witness Tel No. of Branch

Fax No. of Branch

108

SECTION –IX ANNEXURE-I

PERFORMANCE SECURITY GUARANTEE BOND

In consideration of the ED, MTNL (hereinafter called ‘MTNL’) having agreed to exempt ___________________ (hereinafter called ‘the said contractor(s)’) from the demand under the terms and conditions of an agreement/Advance Purchase Order No ________________ dated ____________ made between _____________________ and __________________ for the supply of _______________________ (hereinafter called “the said agreement ”), of security deposit for the due fulfilment by the said contractor (s) of the terms and conditions contained in the said Agreement, on production of the bank guarantee for _____________________________________we, (name of the bank) _________________________ ( hereinafter refer to as “the bank”) at the request of ___________________________________ (contractor(s)) do hereby undertake to pay to the MTNL an amount not exceeding ___________________ against any loss or damage caused to or suffered or would be caused to or suffered by MTNL by reason of any breach by the said Contractor(s) of any of the terms or conditions contained in the said Agreement.

2. We (name of the bank) ____________________ do hereby undertake to pay the amounts due and payable under this guarantee without any demure, merely on a demand from the MTNL by reason of breach by the said contractor(s)’ of any of the terms or conditions contained in the said Agreement or by reason of the contractors(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 MTNL in these counts shall be final and binding on the bank. However, our liability under this guarantee shall be restricted to an amount not exceeding ___________________________________.

3. We under take to pay to the MTNL any money so demanded notwithstanding any dispute or disputes raised by the contractor(s)/bidder(s) in any suit or proceeding pending before any court or tribunal relating thereto our liability under this present being absolute and unequivocal. The payment so made by us under this bond shall be valid discharge of our liability for payment there under and the contractor(s)/bidder(s) shall have no claim against us for making such payment.

4. We (name of the bank)_________________________ further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the performance of the said agreement and that it shall continue to be enforceable till all the dues of the MTNL under or by virtue of the said Agreement have been fully paid and its claims satisfied or discharged or till ________________________(office/Department) MTNL certifies that the terms and conditions of the said Agreement have been fully or properly carried out by the said contractor(s) and accordingly discharges this guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before the expiry of Forty Two months (as specified in P.O) from the date hereof, we shall be discharged from all liabilities under this guarantee thereafter.

109

5. We (name of the bank)_________________________ further agree with the MTNL that the MTNL 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 contractor(s) from time to time or to postpone for any time or from time to time any of the powers exercisable by the MTNL against the said Contractor(s) and to forbear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our liability by reason of any such variation, or extension being granted to the said Contractor(s) or for any forbearance, act or omission on the part of the MTNL or any indulgence by the MTNL to the said Contractor(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. This guarantee will not be discharged due to the change in the constitution of the Bank or the Contractor(s)/bidder(s).

7. We (name of the bank) ____________________ lastly undertake not to revoke this guarantee during its currency except with the previous consent of the MTNL in writing.

Dated the ________________ day of _______

for __________________________________

(Indicate the name of bank)

110

111

SECTION –IX ANNEXURE-II

ADDITIONAL BANK GUARANTEE BOND

To

MTNL

1. In consideration of the Competent Authority, MTNL (hereinafter called ‘MTNL’) having agreed to exempt ___________________ (hereinafter called ‘the said contractor(s)’) from the demand under the terms and conditions of an agreement/Advance Purchase Order No ________________ dated ____________ made between _____________________ and __________________ for the supply of _______________________ (hereinafter called “the said agreement ”), of security deposit for the due fulfillment by the said contractor (s) of the terms and conditions related to extension of Delivery Schedule contained in the said Agreement, on production of additional bank guarantee for _____________________________________we, (name of the bank) _________________________ ( hereinafter refer to as “the bank”) at the request of ___________________________________ (contractor(s)) do hereby undertake to pay to the MTNL an amount not exceeding ___________________ against any loss or damage caused to or suffered or would be caused to or suffered by MTNL by reason of any breach by the said Contractor(s) of any of the terms or conditions related to the Delivery Schedule contained in the said Agreement.

2. We (name of the bank) ____________________ do hereby undertake to pay the amounts due and payable under this guarantee without any demure, merely on a demand from the MTNL by reason of breach by the said contractor(s)’ of any of the Delivery Schedule related terms or conditions contained in the said Agreement or by reason of the contractors(s)’ failure to perform the said Agreement within the extended delivery schedule. 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 MTNL in these counts shall be final and binding on the bank. However, our liability under this guarantee shall be restricted to an amount not exceeding ___________________________________.

3. We under take to pay to the MTNL any money so demanded notwithstanding any dispute or disputes raised by the contractor(s)/bidder(s) in any suit or proceeding pending before any court or tribunal relating thereto our liability under this present being absolute and unequivocal. The payment so made by us under this bond shall be valid discharge of our liability for payment there under and the contractor(s)/bidder(s) shall have no claim against us for making such payment.

112

1. We( name of the bank)_________________________ further agree that the guarantee herein contained shall remain in full force and effect during the period that would be taken for the Delivery Schedule related obligations against the said Agreement have been fully met or till ________________________(office/Department) MTNL certifies that the

Delivery Schedule related terms and conditions of the said Agreement have been fully or properly carried out by the said contractor(s) and accordingly discharges this guarantee. Unless a demand or claim under this guarantee is made on us in writing on or before the expiry of ONE YEAR(for delivery of goods)/ONE AND HALF YEARS(for turnkey projects) from the date hereof, we shall be discharged from all liabilities under this guarantee thereafter.

5. We (name of the bank)_________________________ further agree with the MTNL that the MTNL 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 contractor(s) from time to time or to postpone for any time or from time to time any of the powers exercisable by the MTNL against the said Contractor(s) and to forbear or enforce any of the terms and conditions relating to the said agreement and we shall not be relieved from our liability by reason of any such variation, or extension being granted to the said Contractor(s) or for any forbearance, act or omission on the part of the MTNL or any indulgence by the MTNL to the said Contractor(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. This guarantee will not be discharged due to the change in the constitution of the Bank or the Contractor(s)/bidder(s).

7. We (name of the bank) ____________________ lastly undertake not to revoke this guarantee during its currency except with the previous consent of the MTNL in writing.

Dated the ________________ day of

for __________________________________

(indicate the name of bank)

Witness:

113

1……………….

2……………….

114

SECTION –IX ANNEXURE-III

LETTER OF AUTHORISATION FOR ATTENDING BID OPENING/ PRE BID CONFERENCE

(To reach ___________________________ before date of bid opening/pre-bid conference)

Sub: Authorization for attending bid opening on _______ in the T.ENo.:MTNL/DEL/EB/Wi-Fi/2014-15/10

Following persons are hereby authorized 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

Signature of bidder

or

Officer authorized to sign the bid documents on behalf of the bidder

(Attested copy of Attorney must be attached)

Note: __________________

1. Maximum of two representatives will be permitted to attend bid opening. In case 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.

115

SECTION-IX Annexure- IV

T.ENo.:MTNL/DEL/EB/Wi-Fi/2014-15/10

CERTIFICATES FROM “Bidder & OEM” OF HARDWARE AND APPLICATION SOFTWARE VENDORS ABOUT SIZING OF HARDWARE WITH OFFERED SOLUTION

The,

DGM (EB-I)

MTNL, 4th Floor,

K.L. Bhawan

New Delhi.

Sub : Tender for Supply,Installation,Testing and Commissioning of equipment for providing Wi-Fi service– Certificates from OEMs of hardware and each application software vendor

Certified that the solution and hardware quoted in the bid of M/s………………for the following applications (including all the modules) for which our company, M/s……………is the OEM, is sufficient to meet all the requirements mentioned in the tender

1.

2.

3.

116

Signature of Bidder Signature of OEM

SECTION-IX Annexure- V

Certificate of Support from OEM

(This certificate is to be provided by the bidder for the all third party equipment/SW).

T.ENo.:MTNL/DEL/EB/Wi-Fi/2014-15/10

The,

DGM (EB-1)

MTNL, 4th Floor,

K.L. Bhawan

New Delhi.

Dated:

Subject: Support for Supply,Installation,Testing and Commissioning of equipment for providing Wi-Fi service

Certified the following hardware / software, for which our company, M/s____________________ is the OEM, has been quoted in the bid of M/s. ______________________

Sl No.

Hardware / Software Name Hardware / Software Version

1.

We undertake to provide the following:

117

1. Full Professional Services Support for turnkey implementation of the Project covering all the above hardware / software components, their Planning, design, engineering customization and their integration with Other hardware / software components as applicable in the project in the tender & will complete the project within the time schedules specified in the tender document.

2 Preparation of Planning, design, engineering, customization, installation, operations and maintenance documentation.

3. Support for operation, maintenance and upgrade of the quoted product ( as and when available) as per terms and conditions during warranty (3 years) and AMC (4 years) on 24 x 7 basis from the date of commissioning.

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.

118

SECTION-IXAnnexure- VI

T.ENo.:MTNL/DEL/EB/Wi-Fi/2014-15/10.

(Strike off whichever is not applicable)

Compliance (Clause-by-clause) Certificate.

It is to certify that the tender document is carefully read and understood and all the sections and clauses are complied unconditionally and unequivocally. There is no deviation from the terms and conditions of the tender.

Signature of the Proprietor/Partner/

Director/ Authorized Signatory.

OR

Declaration of Deviation (if any).

T.ENo.:MTNL/DEL/EB/Wi-Fi/2014-15/10

It is to certify that the tender document is carefully read and understood and all the sections and clauses are complied unconditionally and unequivocally except the following deviations from the terms and conditions of the tender.

A)

B)

C)

D)

signature of the Proprietor/Partner/

119

Director/ Authorized Signatory

120

SECTION –IX ANNEXURE-VII

Particulars of the BidderT.ENo.:MTNL/DEL/EB/Wi-Fi/2014-15/10

1.1 Name of Work: “Supply, Installation, Testing and Commissioning (SITC) of WI-FI Hotspot Network

1.2 Details of the Bidder: Name of Firm/Company:

Legal status (sole proprietorship/partnership/Pvt. Ltd/Public Ltd):

Country of incorporation:

Registered address:

Certificate of Incorporation No.(CIN):

PAN No.:

TIN No.:

Service Tax Regn No.:

Year of Incorporation:

Year of commencement of business:

Principal place of business:

Name, designation, address and phone numbers of authorised signatory of

the Bidder:

Name:

Designation:

Company:

Address:

Phone No.:

Fax No. :

E-mail address:

1.3 If the Bidder is Lead Member of a consortium, state the following for

121

each of the other Member Firms: (i) Name of Firm

(ii) Legal Status and country of incorporation

(iii) Registered address and principal place of business

1.4 For the Bidder, (in case of a consortium, for each Member), state the following information: i. In case of non Indian Firm, does the Firm have business presence in

India?

Yes/No If so, provide the office address(es) in India.

ii. Has the Bidder or any of the Members in case of a consortium been penalized by any organization for poor quality of work or breach of contract in the last two years?

Yes/No

iii. Has the Bidder/ or any of its Associates ever failed to complete any work awarded to it by any public Purchaser/ entity in last two years?

Yes/No

iv. Has the Bidder or any member of the consortium been blacklisted by any Government department/Public Sector Undertaking in the last two years?

Yes/No

v. Has the Bidder or any of its Associates, in case of a consortium, suffered bankruptcy/insolvency in the last two years?

Yes/No

Note: If answer to any of the questions at (ii) to (v) is yes, the Bidder is not

eligible for this consultancy assignment.

(Signature, name and designation of the authorised signatory)

122

SECTION –IX ANNEXURE-VIII

T.ENo.:MTNL/DEL/EB/Wi-Fi/2014-15/10 Power of Attorney

(On Non-Judicial stamp paper)

Know all men by these presents, We, ......................................... (name of Firm and address of the registered office) do hereby constitute, nominate, appoint and authorise Mr / Ms........................................ son/daughter/wife and presently residing at ........................................, who is presently employed with/ retained by us and holding the position of .................... as our true and lawful attorney (hereinafter referred to as the “Authorised Representative”) to do in our name and on our behalf, all such acts, deeds and things as are necessary or required in connection with or incidental to submission of our Proposal for “Roll-out of Carrier grade Wi-Fi Network” in MTNL in Delhi/NCR area.

Asset Portfolio (the “Purchaser”) including but not limited to signing and submission of all applications, proposals and other documents and writings, providing information/responses to the Purchaser, representing us in all matters before the Purchaser, signing and execution of all contracts and undertakings consequent to acceptance of our proposal and generally dealing with the Purchaser in all matters in connection with or relating to or arising out of our Proposal for the said Project and/or upon award thereof to us till the entering into of the Agreement with the Purchaser.

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

IN WITNESS WHEREOF WE, .................... THE ABOVE NAMED PRINCIPAL HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS .................... DAY OF ...................., 2015

For .....................................

123

(Signature, name, designation and address)Witnesses:1.

2.Notarised

Accepted........................................

(Signature, name, designation and address of the Attorney)

124

SECTION –IX ANNEXURE-IX

Financial Capacity of the BidderT.ENo.:MTNL/DEL/EB/Wi-Fi/2014-15/10

S. No.

Financial Year Annual Financial Turnover of Bidder (Rs ) *

1 2011-12

2 2012-13

3 2013-14

Note:* Please attach copy of audited Annual Balance sheet, P&L Account & ITR statement in support of above for all the Three years.

(Signature, name, designation and address of Bidder)

125

SECTION –IX ANNEXURE- X

T.ENo.:MTNL/DEL/EB/Wi-Fi/2014-15/10Relevant Experience of the Bidder (in case of SI i.e clause 4.3b of section II) from its

operations in India in last 2 years(

S. No.

Name & Description of the Project/Work

Name of the Purchaser

Date of Completion of the Project

Number of AP in Project

1

2

3

4

5

6

7

8

126

Date:

(Signature, name and designation of the Authorized Signatory)

127

SECTION –IX ANNEXURE- XI

T.ENo.:MTNL/DEL/EB/Wi-Fi/2014-15/10

Relevant Experience of the Wi-Fi OEM from its operations in India or Globally in last 2 years ( as per clause No 4.3 a & b)

S. No.

Name & Description of the Project/Work

Name of the Purchaser

Date of Completion of the Project

Number of AP in Project

1

2

3

4

5

6

7

8

Date:

(Signature, name and designation of the Authorized Signatory)

128

129

SECTION –IXANNEXURE-XII

T.ENo.:MTNL/DEL/EB/Wi-Fi/2014-15/10

INTEGRITY PACT

Between

Mahanagar Telephone Nigam Ltd. (MTNL) 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 of the land, rules, regulations, economic use of resources and of fairness/transparency in its relations with its Bidder(s) and/or Contractor (s).

In order to achieve these goals, the Principal has appointed an Independent External Monitor (IEM), 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. PRINCIPAL is committed to have most ethical and corruption free business dealings with Bidder(s)/contractor(s).

b. 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 self or third person, any material or immaterial benefit which the person is not legally entitled to.

c. The Principal will, during the tender process treat all Bidder(s) with equity and reason and will deal with them in a fair and transparent manner. 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.

d. The Principal will exclude from the process all known prejudiced persons.e. PRINCIPAL will honour its commitments and make due payments to The

Bidder(s)/Contractor(s) in a timely manner.

130

f. PRINCIPAL will initiate action and pursue it vigorously whenever unethical behaviour occurs or is suspected to have occurred.

(2) If the Principal obtains information on the conduct of any of its employees which is a criminal offence under the IPC/PC Act, or if there be a substantive suspicion in this regard, the Principal will inform the MTNL Delhi Vigilance Office and in addition can initiate disciplinary actions.

Section 2 -Commitments of the Bidder(s)/Contractor(s)

(1) The Bidder(s)/Contractor(s) commit himself 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.

a. The 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 other 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 Bidders 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 IPC/PC Act; further the Bidder(s)/Contractor(s) will not use impropriety, 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.

e. The Bidder(s)/Contractor(s) will not make any false or misleading allegations against the principal or its associates.

f. The Bidder/Contractor will not bring any Political, Governmental or Diplomatic influence to gain undue advantage in its dealing with PRINCIPAL.

g. The Bidder(s)/Contractor(s) will promote and observe best ethical practices within its organization.

h. The Bidder(s)/Contractor(s) will promptly inform the Independent Monitor(of PRINCIPAL) If he receives demand for a bribe or illegal payment/benefit and(i) If comes to know of any unethical or illegal practice in PRINCIPAL.(ii) If he makes any payment to any PRINCIPAL Associate.

131

(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.

If the Bidder)s/Contractor(s) before 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 procedure mentioned in the “Guidelines on Banning of business dealings”. Copy of the “Guidelines on Banning of Business Dealings” is annexed and marked as Section-XII.

Section 4 -Compensation for Damages

(i) 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.

(ii) 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

(i) The Bidder declares that no previous transgressions occurred in the last 3 years with any other Company in any country conforming to the anti corruption approach or with any other Public Sector Enterprise in India that could justify his exclusion from the tender process.

(ii) 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 procedure mentioned in “Guidelines on Banning of business dealings”.

Section 6 – Equal treatment of all Bidders/ Contractors/ Subcontractors

(i) The Principal will enter into agreements with identical conditions as this one with all Bidders/Contractors.

(ii) The Bidder(s)/Contractor(s) undertake(s) to demand from all subcontractors a commitment in conformity with this Integrity Pact.

(iii) The Principal will disqualify from the tender process all bidders who do not sign this Pact or violate its provisions.

132

Section 7 - Criminal charges against violating Bidder(s) / Contractor(s) / Subcontractor(s)

If the Principal obtains knowledge of conduct of a Bidder, Contractor or Subcontractors, 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 same to the MTNL Delhi Vigilance Office and may initiate criminal proceedings against the violating Bidder(s)/Contractor(s).

Section 8 – Independent External Monitor/Monitors

(1) The Principal has appointed 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 ED, MTNL Delhi.

(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) 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.

(5) 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 nonbinding 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.

(6) The Monitor will submit a written report to the ED, MTNL Delhi within 8 to 10 weeks from the date of reference or intimation to him by the principal and, should the occasion arise, submit proposals for correcting problematic situations.

(7) If the Monitor has reported to the ED, MTNL Delhi, a substantiated suspicion of an offence under relevant IPC/PC Act, and the MTNL has not, within the reasonable time taken visible action to proceed against such offence or reported it to the MTNL Delhi Vigilance Office, the Monitor may also transmit this information directly to the Central Vigilance Commissioner.

133

(8) The word ‘Monitor’ would include both singular and plural.

Section 9 – Pact Duration

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.

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 ED, MTNL Delhi.

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 notice 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) Should 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 intentions.

_________________________ ____________________________

(For & On behalf of the Principal) (For & On behalf of Bidder/Contractor)

(Office Seal) (Office Seal)

Place -------------------

Date -------------------

Witness 1:

(Name & Address)__________________________

__________________________

__________________________

__________________________

Witness 2:

134

(Name & Address)__________________________

__________________________

__________________________

__________________________

135

SECTION –IX

ANNEXURE-XIII

T.ENo.:MTNL/DEL/EB/Wi-Fi/2014-15/10

AGREEMENT WITH REGARD TO SECURITY REQUIREMENTS

This AGREEMENT is made and entered into at New Delhi on this the [●] day of [●] 2015

BY AND BETWEEN

Mahanagar Telephone Nigam Limited, a company incorporated under the Companies Act, 1956 and having its registered office at 5 t h F l o o r , M a h a n a g a r D o o r s a n c h a r S a d a n , 9 CGO Complex, Lodhi Road, New Delhi 110003 (hereinafter referred to as “MTNL” , which expression shall, unless repugnant to the context or meaning thereof, include its successors and permitted assigns) of the FIRST PART;

AND

[●], a company incorporated under the Companies Act, 1956 and having its registered office at [●] (hereinafter referred to as the “Bidder” or the “Vendor”, which expression shall, unless repugnant to the context or meaning thereof, include its successors, and permitted assigns) of the OTHER PART.

(MTNL and the Bidder/Vendor shall be collectively called as the “Parties” and individually a “Party”.)

RECITALS

A. the Vendor has been awarded the Tender bearing no [●]................................................................................... in MTNL Delhi (“Tender”).

B. Pursuant to the provisions of Clause [●] of Part [●] of Section [●] of the Contract, the Parties are executing this Agreement, subject to the terms and conditions as provided hereinafter.

NOW THEREFORE, IN CONSIDERATION OF MUTUAL REPRESENTATIONS, COVENANTS AND OTHER VALUABLE C O N S I D ER A T I O N , THE RECEIPT AND SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HEREBY AGREE AS FOLLOWS:

1. Definition & Interpretation

1.1 Definitions

Unless the context otherwise requires, the different terms and expression used in this agreement shall have the meaning assigned to them for the purpose of this Agreement:

“Access” shall mean the interconnection with MTNL Systems or access to or use of

136

MTNL Information stored on MTNL Systems through interconnection with MTNL Systems or access to or use of MTNL Information stored on Vendor Systems.

“Applicable Laws” shall mean any law, statute, ordinance, rule, regulation, guideline, policy or other pronouncement having the effect of law of any Governmental Authority as interpreted and administered including any modifications or amendments thereto.

“Authorised” shall refer to the approval by MTNL of the Access as part of the authorisation process and the Vendor Security Contact has a record of this authorisation. The term “Authorisation” shall be construed accordingly.

“Contract” means Purchase Order or PO or the order placed by the purchaser on the bidder signed by the purchaser including all attachments and appendices thereto and all documents incorporated by reference therein.

“Commencement Date”” shall mean the date when the Agreement is executed

“Contract Personnel” means dedicated resources of t h e V e n d o r in t e r m s of employees, subcontractors including employees of sub-co ntractors and agents including agent’s sub-contractors and their employees engaged for the purpose of this Agreement.

“End Date” shall have the meaning assigned to it in Clause 16.1.

“Escrow Information” shall have the meaning assigned to it in Clause 7.11 (a).

“Governmental Authority” shall mean any governmental authority, statutory authority, government department, ministry, secretariat, agency, commission, board, tribunal, court or other law, rule or regulation making body/ entity having or purporting to have jurisdiction on behalf of the Republic of India or any other government having or purporting to have jurisdiction over a Party, or any state or other subdivision thereof or any municipality, district or other subdivision thereof including, without limitation, the Chairman, Department of Telecommunications, Ministry of Communications, Government of India and/or any other telecom regulatory authority, including Telecom Engineering Center, having competent jurisdiction; and/or Chairman, Telecom Regulatory Authority of India, and includes any officer empowered by them to perform all or any of the functions of such a governmental authority.

“Information" shall mean technical, financial and commercial information and data relating to Party’s respective businesses, finances, planning, facilities, products, techniques and processes and shall include, but not limited to, discoveries, ideas, concepts, know-how, techniques, designs, specifications, drawings, blueprints, tracings, diagrams, models, samples, flow charts, data, computer programs, disks, diskettes, tapes, marketing plans, customer names and other technical, financial or commercial information and intellectual properties, whether in written, oral or other tangible or intangible forms.

137

“Licensor” shall mean the Department of Telecommunications, Ministry of Communications & IT, Government of India.

“Personal Data” shall comprise of customer details and Call Detail Records (CDR).

“Sensitive Information” shall mean any MTNL Information marked as classified as per MTNL’s data classification policy or deemed business critical. This also includes any other data, or element of information, notified as such by the Government (e.g. IT Act 2000).

“Security Standards” shall mean all the relevant contemporary standards associated with national and international security standard related to IT & Telecom equipment hardware and software and those related to information & communication security, including but without limitation to ISO 27000 series, ISO/ IEC15408, 3GPP, 3GPP2, WiMAX etc. and as evolved from time to time.

“Subcontractor” shall mean any person, partnership or corporation with whom the Vendor places a contract and/or an order for the supply of any equipment, item, service or for any work in relation to the purpose of this Agreement. The term "Subcontract" shall be construed accordingly.

“Supplies” shall mean all components, materials, plant, tools, test equipment, documentation, hardware firmware, software, spares parts, services and all the things & items to be provided to MTNL pursuant to the Agreement together with all Information and work the Agreement requires to be supplied or performed for MTNL.

“Term” shall mean the term of this Agreement starting from the Commencement Date upto the End Date.

“MTNL” shall mean Mahanagar Telephone Nigam Limited who has been issued the CMTS license under section 4 of Indian Telegraph Act 1885 by the Licensor, Government of India.

“MTNL Group Security” shall mean the security organisation based within the MTNL.

“MTNL Information” shall mean all data including data, text, image, sound, voice, codes, circuit diagrams, core & applications software and database, intellectual property as well as personal, public, operational and services data in MTNLs custody which is received by and/or which are supplied/ shared with Vendor for the purpose of this Agreement or are obtained by the Vendor on behalf of MTNL.

“MTNL Items” shall mean all items provided by MTNL to the Vendor and all items held by the Vendor which belong to MTNL.

“MTNL Regulatory Contact” shall mean in-charge of MTNL Regulatory operations or such other person whose details shall be notified by MTNL to the Vendor from time to time.

138

“MTNL Security Contact” shall mean in-charge of MTNL security operations centre or such other person whose details shall be notified by MTNL to the Vendor from time to time.

“MTNL Systems” shall mean any MTNL computer, application, databases, network infrastructure, network elements and appliances, core and applications software or such other systems as may be agreed in writing from time to time between MTNL and the Vendor.

“Vendor” shall mean the vendor who supplies equipment, software to the MTNL for the purpose of installation, testing, commissioning of the MTNL's networks under the Contract.

“Vendor Security Contact” shall mean such person whose details shall be notified by the Vendor to MTNL from time to time for such purpose.

“Vendor Regulatory Contact” shall mean such person whose details shall be notified by the Vendor to MTNL from time to time for such purpose.

“Vendor Systems” shall mean any Vendor owned computer hardware or software, application database or network elements / appliance or such other systems as may be agreed in writing from time to time by MTNL and the Vendor, which are used by the Vendor to comply with its obligations under the Contract.

1.2 Interpretation

Unless otherwise stated or unless the context otherwise requires, in this Agreement:

(a) the headings, whether of Clauses or other parts of the Agreement, are for ease of reference only and shall not be relevant to interpretation;

(b) the references to the Recitals, Clauses, Schedules and Annexures shall be references to the recitals, clauses, schedules and Annexures of this Agreement;

(c) words importing the singular shall include plural and vice versa;

(d) words denoting any gender shall include all genders;

(e) where a word or phrase is defined, other parts of speech and grammatical forms of that word or phrase shall have corresponding meanings;

(f) references to statutes or statutory provisions include references to any orders, or regulations made there under and references to any statute, provision, order or regulation include references to that statute, provision order or regulation as amended, modified, re-enacted or replaced from time to time whether before or after the date thereof.

2. Scope

139

This Agreement sets out the provisions under which the Vendor will be able to supply equipments and services and be granted Access to MTNL Systems, network, equipments, data and facilities and MTNL Information including Sensitive Information for the purpose of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . in MTNL Delhi as per the Contract.

3. International Security Standard Certification

The Vendor shall have contemporary re levant Security standard certification and shall comply with the provisions of security standards certification with respect to Telecom & IT equipment hardware and software and those related to information & communication security management, such as ISO 15408 standards as applicable to IT and IT related products, ISO 27001 for Information Security Management System, standards used by other relevant standard formulation bodies for Telecom equipment like 3GPP, 3GPP2, ITU standard etc or equivalent acceptable international standards or certification. Based on the requisite testing to be conducted at their labs, Vendors will certify their own equipments as required under this clause. IT related elements in the telecom networks of the concerned OEMs, which are already ISO 15408 certified will be accepted as certified. Vendor will submit a relevant Self certificate based on test reports in this regard.

4. Security Requirements:

The Vendor shall comply with following security policies:

4.1 General :

4.1.1 The Vendor shall be authorised to access only MTNL Systems and Information in accordance with the provisions of this Agreement and only during the Term of this Agreement.

4.1.2 The Vendor shall identify to the MTNL, details of Vendor Security Contact at the Commencement Date who will act as a single point of contact for MTNL, such as a senior manager or CIO responsible for security, for any security issues. This responsibility shall be detailed within his/her job description. It is clarified that the Vendor Security Contact shall be a security cleared Indian national. The security clearance for the Vendor Security Contract will be applied, within one month of date of submission of necessary document by the vendor to MTNL.

4.1.3 As part of the Authorisation process, details of Vendor’s Contract Personnel that need Access will be requested by MTNL. The Vendor Security Contact shall at all times ensure that only Contract Personnel who have a need to Access in order to fulfil the purpose of this Agreement are Authorised. This Authorization and any changes in the Contract Personnel would be notified by the Vendor for the information and for the approval (wherever applicable) of the MTNL.

4.1.4 Pursuant to Clause 4.1.3 above, the Vendor acknowledges that only the Contract Personnel having requisite training, (i.e. the Contract Personnel

140

should have requisite training and self certification in this regard to be provided by the Vendor] , are Authorized to access the MTNL System.

4.1.5 The Vendor shall have a well defined Information Security policy compliant with ISO/IEC 27001:2005 or have equivalent standards.

4.1.6 The Vendor shall ensure that they have information security organization in place to implement the provisions of MTNL’s information security policies. The Information Security responsibilities of all Vendor employees working for MTNL shall be defined and communicated.

4.1.7 The Vendor shall establish and maintain contacts with special interest groups to ensure that the understanding of the information security environment is current, including updates on security advisories, vulnerabilities and patches.

4.1.8 The Vendor may conduct a Risk Analysis and ensure that all risks due to its own and subcontractors’ operations with MTNL are identified, measured and mitigated as per the MTNLs requirements. The Risk Assessment report may be required to be shared with the Chief Security officer/CISO of MTNL.

4.2 Physical Security

4.2.1. All Contract Personnel including sub-c ontractors and their employees, agents and their employees of the Vendor working on MTNL premises shall be in possession of a MTNL Identification or Electronic Access Control (“MTNL ID/EAC”) card. This card is to be used as a means of identity verification on MTNL premises at all times and as such the photographic image displayed on the MTNL ID/EAC card must be clear and be a true likeness of the Contract Personnel. If the MTNL has any advanced identity verification systems the same would also apply. MTNL and Vendor will mutually agree to re- define such verification measures from time to time.

4.2.2. All Contract Personnel including sub-c ontractors and their employees, agents and their employees of the Vendor accessing premises (sites, buildings or internal areas) , where MTNL Information is stored or processed, shall be in possession of an Identification or Electronic Access Control (“ID/EAC”) card. This card is to be used as a means of identity verification on these premises at all times and as such the photographic image displayed on the ID/EAC card must be clear and be a true likeness of the Contract Personnel or the Subcontractor or the Vendor’s employees, subcontractors and agents. If the MTNL has any advanced identity verification systems the same would also apply. MTNL and Vendor will mutually agree to re-define such verification measures from time to time

4.2.3. The Vendor shall not (and, where relevant, shall require that any Contract Personnel shall not) without the prior written Authorisation of the MTNL Security Contact connect any equipment, device or software to any MTNL System and where it is not intended to be connected at a point in the MTNL system.

4.2.4. The Vendor shall be able to demonstrate that it has put proper

141

procedures in place to deal with security threats directed against MTNL whilst safeguarding MTNL Information.

4.2.5. The Vendor and/or its Contract Personnel shall not access MTNL’s electronic systems without first obtaining the written consent of the MTNL Security Contact.

4.2.6. The Vendor’s Access to sites, buildings or internal areas where MTNL Information is stored or processed, shall be as Authorised and the Vendor and all its Authorised personnel shall adhere to robust processes and procedures as mutually agreed upon to ensure compliance.

4.2.7. The Vendor shall not conduct recording, photography or videography at MTNL premises that captures any MTNL Information, without prior authorization from the MTNL Security Contact.

4.2.8. If already available at the MTNL Premises, CCTV security systems and their associated recording medium shall be used by the MTNL/Vendor either in response to security incidents, as a security surveillance tool, as a deterrent or as an aid to the possible apprehension of individuals caught in the act of committing a crime. As such, these systems shall be Authorised by appropriate MTNL Security Contact when used by Vendor.

4.2.9. The Vendor shall maintain a controlled record of all assigned MTNL physical assets and assigned MTNL Items to them.

4.2.10. The local area surrounding the Vendor’s facilities at MTNLs premises over which vendor has authorized control shall be physically inspected for security risks and threats by the Vendor in case of any abnormal activity / incident found / observed shall report the same to MTNL.

4.2.11. The Vendor shall disable the Access immediately if any Contract Personnel no longer require Access or has changed roles for any reason whatsoever or whose integrity is suspected or considered doubtful or as may be notified by MTNL in accordance with clause 4.3.1

4.3 Logical Security

4.3.1. The Vendor shall notify MTNL immediately if any Contract Personnel no longer requires Access or changes role for any reason whatsoever thus enabling MTNL to disable or modify the Access rights.

4.3.2. The Parties shall, implement agreed security measures across all supplied components and materials including software & data to ensure safeguard and confidentiality, availability and integrity of MTNL Systems and MTNL Information, Parties shall prepare documentation in relation to the implementation of logical security and shall ensure that it has such security as:

(a) Prevents unauthorised individuals e.g. hackers from gaining Access to MTNL Systems; and

142

(b) Reduces the risk of misuse of MTNL Systems or MTNL information, which could potentially cause loss of revenue or service (and its Quality) or reputation, breach of security by those individuals who are Authorised to Access it; and

(c) Detects any security breaches that do occur enabling quick rectification of any problems that result and identification of the individuals who obtained Access and determination of how they obtained it.

4.4 Information Security

4.4.1. The Vendor shall not use MTNL Information for any purpose other than for the purposes for which they were provided to the Vendor by MTNL and only to the extent necessary to enable the Vendor to perform as per this Agreement .

4.4.2. The Vendor shall ensure that all information security requirements in this Agreement are communicated including in writing to all Contract Personnel in relation to their role.

4.4.3. The Vendor shall ensure procedures and controls are in place to protect the exchange of information through the use of emails, voice, facsimile and video communications facilities.

4.5 Contract Personnel Security

4.5.1. The Vendor shall ensure that the MTNL Information provided under this Agreement is used only to the extent necessary to enable the Vendor to perform its obligations as per the terms of this Agreement. All Contract Personnel shall sign a confidentiality agreement either as part of their initial terms and conditions of employment or when they start working in MTNL buildings or on MTNL Systems and MTNL Information. These confidentiality agreements shall be retained by the Vendor and shall be made accessible to MTNL, if required.

4.5.2. The Vendor shall deal with breaches of security policies and procedures, including interfering with or otherwise compromising security measures, through a formal disciplinary process.

4.5.3. The Vendor shall provide a 'whistleblower' facility, available to all staff, with all MTNL related issues reported back to the MTNL Security Contact to the extent permissible by the law in a location in India where the Vendor is providing the services. . For the avoidance of doubt, this facility shall be used by the Contract Personnel if MTNL’s employee, agent or contractor instructs Contract Personnel to act in an inconsistent manner in violation of the Agreement.

4.5.4. The Vendor shall ensure that in respect to any Contract Personnel assigned to this Agreement, it shall carry out recruitment checks in accordance with its policies.

4.5.5. The Vendor shall ensure that all Contract Personnel maintain a clear-desk and a clear screen policy to protect MTNL Information, as per its internal policy.

4.5.6. The Vendor shall ensure that an auditable process is developed for the ongoing control and management of Contract Personnel access profiles.

143

4.5.7. The Vendor shall, and shall procure that if a Contract Personnel’s job or role has been changed or terminated, such Contract Personnel shall securely destroy any MTNL Information received in a recorded form from MTNL (or has recorded received MTNL Information) in accordance with its internal policy. Vendor may retain one copy of such information for archival policy provided it does so in a secure manner.

4.5.8. The vendor may perform the above activities as per its internal policy, which shall be shared with MTNL from time to time.

4.6 Additional Security Policies

4.6.1. The Vendor shall have documented operating procedures to discharge the security requirements detailed within this Agreement and provide MTNL with access to such documentation in accordance with “Access to Vendor systems” as stipulated in this Agreement.

4.6.2. The Vendor shall implement a controlled exit procedure in respect of the individual Contract Personnel to ensure the return of any MTNL assets or MTNL Items or MTNL Information in the possession of the individual when any of the Contract Personnel who have Access, leave the employment of the Vendor or are no longer engaged for the purpose of this Agreement. Such controlled exit procedure shall include a written communication by the Vendor Security Contact to MTNL Security Contact of this removal.

4.6.3. The Vendor shall inform the MTNL Security Contact immediately upon its becoming aware of any actual or suspected unauthorised Access or misuse of MTNL Systems or MTNL Information or breach of any of the Vendor's obligations under this Agreement.

4.6.4. The Vendor shall maintain integrity of the software build including upgrades, operating systems and applications from factory to desk. The Vendor shall demonstrate that the software build (both proprietary and off-the-shelf) delivered to MTNL is the same as the software build agreed with MTNL. The software as provided by Vendor should not have any known viruses or malware which could hamper security including any unauthorized leakage of MTNL Information including Sensitive Information.

4.6.5. Any change of location by the Contract Personnel or Vendors support centres shall be notified to MTNL.

4.6.6. Where Vendor uses subcontractors, MTNL may require that the associated security risks are clearly identified and assessed by MTNL Group Security or the appropriate MTNL line of business security team. This will ensure that any unacceptable security risks are identified and addressed. This in anyway shall not reduce the Vendor from being responsible to MTNL for its obligations to be performed under this Agreement relating to security.

4.6.7. Where Vendor uses subcontractors, formal contracts containing all necessary security requirements shall be put in place between the Vendor and its subcontractor before the Subcontractor or its personnel can access MTNL Systems and MTNL Information or occupy space in MTNL’s buildings or space in

144

the Vendor’s building that is used to access, hold or process MTNL Information.

4.6.8. MTNL may update from time to time, security related policies, guidelines, standards and requirements. MTNL will incorporate such updates by reference which shall be notified in writing by MTNL to the Vendor promptly. If the Vendor has an issue with such updates, the Vendor shall promptly detail its concerns to MTNL in writing.

4.6.9. The Vendor shall record and maintain detailed information of all Contract Personnel who are authorised to Access MTNL Systems or MTNL Information.

5. Access to MTNL Systems

5.1. Subject to the provisions of this Agreement, the MTNL allows (so far as it can and is able to do so) the Vendor, to have Access solely for the purpose as contemplated herein during the Term of this Agreement.

5.2. In relation to Access, the Vendor shall (and, where relevant, shall require that all Contract Personnel shall):

a) Ensure each individual Contract Personnel has a unique user identification and password known only to such user for his/her sole use.

b) Ensure Contract Personnel never share user identification, passwords or security tokens.

c) Promptly provide to MTNL such agreed reports as MTNL shall from time to time require concerning the Vendor’s use and security of Access and any related matters to Access.

d) Ensure onward bridging or linking to MTNL Systems is prevented unless authorised by MTNL.

e) Use all reasonable endeavors to ensure no viruses or malicious code like malware, spyware, key logger, bots (as the expressions are generally understood in the computing industry) are introduced, and that there is no corruption or modification or compromisation of MTNL Systems or MTNL Information, while meeting out the obligations under the Contract.

f) Use reasonable endeavours to ensure that personal files which contain information, data or media with no relevance to the purpose, are not stored on MTNL building servers or MTNL centralised storage facilities or MTNL Systems.

5.3. If MTNL has provided the Vendor with Access to the Internet/Intranet, the Vendor shall, and shall ensure that the Contract Personnel, access the Internet/Intranet appropriately. It is the Vendor’s responsibility to ensure that practical guidance on internet and email abuse (as amended) is communicated to the Contract Personnel from time to time.

5.4. The Vendor shall ensure that all Contract Personnel, subject to the Clauses headed “Regulatory Matters” and “Confidentiality” comply with classifying and handling of Information.

145

5.5. Any security software procured by the Vendor shall be used by the Vendor without modification, unless there is an essential need to do so, in which case appropriate controls shall be applied and the agreement of MTNL Group Security sought.

6. Access to Vendor Systems

6.1. If Contract Personnel is granted Access to Vendor Systems having bearing on MTNL data, information or network, the Vendor shall:

a) Ensure each individual has a unique user identification and password known only to such individual for his/her sole use.

b) Promptly provide to MTNL such agreed reports as MTNL shall from time to time require, concerning the Vendor’s use and security of access to Vendor Systems.

c) Allow Access required only to enable the Contract Personnel perform their duties.

d) Allow Access using a secure login process.

e) Establish and implement formal procedures to control the allocation and de-allocation of Access rights.

f) Ensure that the allocation and use of enhanced privileges and access to sensitive tools and facilities in Vendor Systems are controlled and limited to only those users who have a business need.

g) Ensure that the allocation of user passwords to Vendor Systems that hold or access MTNL Information is controlled through a formal auditable management process.

h) Provide processes to demonstrate that remote and home working activities are only permitted subject to appropriate security controls within the Vendor’s organisation including but not limited to remote Access by users being subject to strong authentication.

i) Demonstrate that users follow security best practice in the management of their passwords.

j) Implement a password management system which provides a secure and effective interactive facility that ensures quality passwords.

k) Ensure that user sessions are terminated after a defined period of inactivity.

l) Ensure that audit logs are generated to record user activity and security- relevant events and securely managed and retained with nil ability on the part of the Vendor to allow any un-authorised access or amendment to the audit logs. Such audit logs must be maintained for future reference for a period of at least one year.

m) Ensure that monitoring of audit and event logs and analysis reports for anomalous behaviour and/or attempted unauthorised access are performed by Vendor’s staff independent of those users being monitored.

146

n) Make available audit logs where required by MTNL for review.

o) Ensure all systems holding, processing or accessing MTNL Information shall be hardened as per industry standards.

p) Ensure that to the extent possible, development, test and live environments are segregated from each other and the other work areas in Vendor buildings.

q) Implement reasonable controls to detect and protect against malicious software and ensure that appropriate user awareness procedures are implemented.

r) Ensure that Vendor has in relation to all Vendor Systems formal security incident management procedures with defined responsibilities.

s) Ensure that any unauthorised software is identified and removed from Vendor Systems holding, processing or accessing MTNL Information.

t) Ensure that Access to diagnostic and management ports as well as diagnostic tools are securely controlled to MTNL’s reasonable satisfaction.

u) Ensure that Access to Vendor’s audit tools shall be restricted to Relevant Contract Personnel and their use is monitored.

v) Ensure that data gathered after running audit tool is properly protected.

w) Perform enhanced independent code reviews (including penetration testing) on all Vendor Systems, as a part of the Vendor’s security development lifecycle (SDL).

6.2. The devices which use proprietary encryption technique should not be used for holding MTNL information.

6.3. To the extent the servers are used to fulfill the purpose of this Agreement, Vendor’s servers shall not be deployed on un-trusted networks without appropriate security controls.

6.4. Changes to individual Vendor Systems shall be controlled and subject to formal change control procedures. All documentation relating to Vendor Systems shall be protected from unauthorized Access or amendment.

6.5. Security procedures and controls shall be used to secure equipment holding, accessing or processing MTNL Information in Vendor Systems.

Conditions for Equipment Vendors

7.1. Conformance to Security Standards and Policies

The Vendor shall ensure and certify that the supplied equipment has been subjected to penetration testing and all addressable vulnerabilities have been mitigated and the equipment is ‘Safe to Connect’ in the Telecom Network as per the latest standards and recommendations on the subject from ITU/ISO/IETF/IEC etc. This applies to all telecom network elements and IT equipment used in the network.

147

The Vendor shall also ensure that the equipment supplied has all the contemporary security related features, facilities, hardware, software etc for the purpose of Interception, Monitoring, Analysis etc for use by the law enforcement agencies and provide complete information to enable these features and facilities before the supply of the equipment or the procedure of enabling these, if these are to be enabled after the commissioning of the network. The Vendor shall also submit a test report on these features and facilities and also a certificate that all contemporary features and facilities of this category exist in the equipment supplied.

Vendors will be allowed to certify their own equipments based on the testing at the labs which are capable of such testings. IT related elements in the telecom networks which are already ISO 15408 certified will be accepted as certified. Vendor can submit a relevant Self certificate based on test reports in this regard.

7.2. Equipments Configuration Guide

Two sets of equipment configuration guide should be supplied which detail the configuration required to meet the policies and standards at least in respect of following:

Network Element security policies:

- Generic OS

- Technical Standard for Switches and Routers

- Management Standard for Switches and Routers

7.3. Reports

A report on the susceptibility to the attacks on wifi networks shall be provided by the Vendor to the MTNL in the following manner:

(a) Internet network are susceptible to several attacks. The Vendor will ensure that whatever mitigation was possible as per the current available technologies, techniques, configuration have already been used and adopted by them before the supply of the equipment.

7.4. Security from Malware

There are no known cases of malware disrupting telecom services, yet. However, malware can cause information leaks and can result in the leak of private user information. However, some viruses, worms and Trojans can infect devices and spread malware. This network-based service will also block Denial of Service attacks and restrict network traffic based on source, destination, IP ports and applications. The connectivity could affect platforms if adequate firewalls, IDPs are not strong. Therefore Vendors would provide adequate firewall and IDPs with the supply of equipment.

7.5. Security Related Issues:

Vendors will take suitable measures to deal with security related vulnerabilities and

148

submit a report of the measures along with a relevant certificate(s)that they have taken adequate measures to deal with these vulnerabilities.

i. Compromised cipher keyii. Malicious / accidental association, iii. Dentify theft (MAC spoofing).iv. Man-in-the-middle attacks. v. Session Hijack. vi. Password guessing protection.vii. Suppressing encryption between the target user and the intruder.viii. Suppressing encryption between target user and the true network.ix. Also able to mitigate the attacks reported by NCIIPC, CERT-In or any other Govt.

establishments from time to time.7.6. Data Flow Attacks

Many sophisticated attacks disguise themselves in data flows across sessions and ports—the more traffic there is, the harder it is to identify the threats. Vendors may ensure that they are aware of this and submit compliance on the same.

7.7. Security against Remote Access :

The Vendor shall submit a written undertaking to the MTNL clearly identifying all known means of remote control/ remote access/remote command and control in the supplied equipment as well as suitable mitigation means to close such access mechanisms.

7.8. Software and Hardware Design Surety: Vendor may choose one of the following Options for Software and Hardware Design Surety

7.9.1. Option 1:

a) The Vendor shall at MTNL’s request enter into an escrow deposit arrangement in respect of all Information and documentation in relation to Supplies in respect of Hardware, executable Software/source code/gold build etc, High Level Designs (HLD), Detail Design Documents (DDD), listings and programmer’s notes) (“the Escrow Information”) as would enable MTNL to complete any outstanding obligations of the Vendor under this Agreement, including, without limitation, obligations that would have existed (including the requirement to fulfill any orders that MTNL would have otherwise placed under this Agreement) had this Agreement not been terminated by MTNL before the expiry of its Term.

b) Without affecting any other rights it may have, MTNL shall have the right, free of charge, to use the Escrow Information, after its release, in order to use or maintain (including to upgrade) the software, to modify or have modified the software, and to authorize such modified software to or have it maintained by third parties, in case Vendor refuses to do so as per the Agreement.

c) The Vendor shall ensure that the Escrow Information deposited in accordance with Clause 7.9.1 (a) is and will be maintained as sufficient to allow a reasonably skilled programmer or analyst to maintain, modify and correct the

149

hardware and software without the help of any other person or reference, and the Vendor further undertakes to keep the Escrow Information fully upto-date throughout the Term.

d) On the occurrence of any event permitting the release of the Escrow Information, the Vendor shall immediately provide, at its cost and expense, to MTNL for a reasonable period, such advice, support assistance, data, information, access to Vendor's personnel or any key personnel of legal owner of the [Hardware and/or] Software for the purpose of understanding, maintaining (including upgrading), modifying and correcting any of the Hardware and/or Software. The softwares and codes written only in English language shall be acceptable. The code/softwares shall be proven to be operational and correct version and to be certified that it does not have self-destructing programmes. This may be ensured by using the same at least once for loading the system initially before being deposited.

7.9.2. Alternative to option 1 is Option 2 as below:

(i) Gold software copy or the Executable copy of the software at the discretion of vendor.

(ii) Dumb hardware can be loaded with software by the MTNL or under the supervision of MTNL from Gold software copy or from the executable copy after checking that hardware is free from any software and ensuring that there are no harmful malware into the hardware. Alternatively, vendors will submit a certificate to MTNL that the supplied hardware is free from harmful malware based on the above test.

(iii ) Upgradation of software for a period of as agreed in the Contract .

(iv) Design of network (network diagram of Vendor Implemented equipment under the Contract) in digital form and/ or in hard copy

7.9. Penalty

In the event that the Vendor is unable to comply with its obligations under this Agreement, as a result of which the Licensor imposes any sanction on the MTNL, which results in any financial and other liabilities on the MTNL, the Vendor shall be liable to make good such loss. In addition to the above, in case of any inadequate measures, act of intentional omissions, deliberate vulnerability left into the equipment or in case of deliberate attempt for a security breach by the Vendor, the Licensor may at its discretion blacklist the Vendor from entering into any supply deals with any Indian telecom operators. The MTNL shall give the vendor the opportunity to defend any claim prior to imposing any penalty or blacklisting the vendor on account of security breach being attributable to it..

7.10. Inspection

The Vendor must allow the MTNL , Licensor/DoT and/or its designated agencies to inspect the hardware, software, design, development, manufacturing facility and supply chain and subject all software to a security/threat check at the time of procurement of equipment and upto two more times every year until the supplies under the Contract have been completed, at the sole discretion of the MTNL.

150

All the documents should be in English and handed over to the visiting team of the MTNL at least 4 weeks ahead of the visit.

7.11. Language of Supplies

All the software codes, firmware, operating system, hardware details should be in English only.

8. Data Protection

8.1. The Parties acknowledge that, in respect of all Personal Data and processed by the Vendor for the purpose of the provision of supplies under the Contract, MTNL alone as data controller shall determine the purposes for which and the manner in which such Personal Data will be processed by the Vendor.

8.2. Other than at MTNL's request, or where required by law to provide the supplies, the Vendor shall not disclose or allow access to any Personal Data other than, subject to Clause 8.4(f) to a person placed by the Vendor under the same obligations as contained in this clause who is employed or engaged by the Vendor or within the control of the Vendor in the performance of the Agreement.

8.3. The Vendor shall not use Personal Data for any purpose other than the provision of the supplies and shall return any Personal Data to MTNL immediately upon request at any time providing such return does not prevent the Vendor from fulfilling its obligations under this Agreement and the Contract. The Vendor shall retain Personal Data no longer than is necessary for the provision of the supplies, in accordance with the relevant Applicable Law and such instructions as MTNL may provide from time to time. Upon expiry or termination of this Agreement for whatever reason, the Vendor shall immediately return to MTNL all Personal Data and certify that no copies have been made or retained by the Vendor or any third party acting on its behalf.

8.4. The Vendor shall:

a) process Personal Data only on the instructions of MTNL and to the extent necessary for the performance of this Agreement;

b) not modify, amend or alter the contents of the Personal Data except as required or permitted by this Agreement or with MTNL’s prior written consent;

c) implement the appropriate technical and organisational measures to protect Personal Data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, and against all other unlawful forms of processing, which measures are set out in more detail in Clause 4 and provide to MTNL with a written description of the measures taken when requested by MTNL;

d) comply with all relevant provisions of any MTNL codes of practice notified to the Vendor from time to time and the Applicable Law ,

151

e) keep all personal data secure and confidential, act only on MTNL's instructions with respect to it, and comply with such further reasonable requirements from time to time of MTNL for the security of it;

f) ensure that, of the Vendor’s staff, only those of the Contract Personnel who need to have access to the Personal Data are granted access to the Personal Data only for the purposes of the performance of this Agreement and the Contract Personnel are informed of the confidential nature of the Personal Data and comply with the obligations set out in this Clause 8;

g) notify MTNL forthwith, and in any event, no later than 12 hours from the time it comes to the Vendor’s attention, that Personal Data transferred by MTNL to the Vendor has been the subject of accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, or any other unlawful forms of processing; and

h) notify MTNL in the event that it receives a request or notice from any person subject to having access to that person’s Personal Data held by it and will provide MTNL with full co-operation and assistance in relation to any complaint or request including providing MTNL with any relevant Personal Data it holds within the timescales provided by the request or notice or as otherwise required by MTNL.

8.5. In respect of transfer of Personal Data the following conditions shall apply:

a) Obtain MTNL’s prior written consent before transferring Personal Data to any Subcontractors in connection with the provision of the supplies;

b) Prior to any transfer of personal data, enter into or procure that any Subcontractor delivering the supplies will enter into contracts for the transfer of Personal Data. In respect of Personal Data transferred by MTNL to the Vendor or acquired by the Vendor from MTNL’s systems to a country outside of India shall be on the basis of Applicable Laws , or such other data protection model contract terms as may be agreed between the Parties from time to time, except where the relevant Applicable Laws provides for a derogation from this requirement.

8.6. Any breach of this Clause 8 by the Vendor shall be deemed to be a material breach of the Agreement and the Vendor shall indemnify MTNL from the against any costs, losses, damages, proceedings, claims, expenses or demands incurred or suffered by MTNL which arise as a result of such breach.

8.7. The Vendor shall, upon MTNL giving reasonable notice, allow MTNL or its nominated representatives such access to its premises, Information and records and those of its agents subsidiaries and sub contractors, as may be reasonably required by MTNL from time to time to assess the Vendor’s and/or Contract Personnel’s compliance with this Clause 8.

9. Regulatory Matters

9.1. The Vendor shall--

152

a) comply with all regulatory matters under Applicable Laws including, without limitation, any actions that MTNL may require in connection with any regulatory matter, that are notified to the Vendor Regulatory Contact from time to time by the MTNL Regulatory Contact in so far as they relate to the performance by the Vendor under the Agreement.

b) within 14 days of the Commencement Date, ensure that the Vendor Regulatory Contact contacts the MTNL Regulatory Contact to establish the nature and extent of communication between them, to assist them in meeting all regulatory requirement relevant to the Contract, as set by the Licensor or any Governmental Authority or any other person nominated by Licensor

c) ensure that the Vendor and its Contract Personnel have undergone the proper and adequate training for the purpose of performing its obligations under this Agreement and promptly provide such information to MTNL as shall be necessary for MTNL to respond fully and to the timescale required to any request or requirement for information from any Governmental Authority , to the extent that such information relates to the performance of the obligations by the Vendor under the Agreement.

10. Confidentiality

10.1. In this Clause, “MTNL Information” which MTNL from time to time identifies to the Vendor as being commercially confidential, or is by its nature commercially confidential or defined by MTNL as confidential, or confidential as per the Applicable Law. The term “Information” shall mean and include all or any communication(s), Information(s) or data disclosed, whether written, visual or oral and other material supplied to or obtained by the Party (“Recipient”) from the other Party (“Disclosing Party”) during the course of the Agreement.

10.2. Except with MTNL's consent, the Vendor shall not disclose MTNL Information to any MTNL employee, not authorized to receive such information

10.3. Subject to the Clause 11, either Party receiving Information from the other shall not without the other’s prior written consent use such Information except for Contract purposes or disclose such Information to any person other than MTNL's employees, agents and contractors or Contract Personnel who have a need to know and who are bound by equivalent obligations of confidentiality. Any breach of such obligations by Contract Personnel or MTNL's employees, agents or contractors (as the case may be) shall be deemed to be a breach by the Vendor or MTNL respectively.

10.4. Clause 10.2 and Clause 10.3 shall not apply to Information that is:

a) published except by a breach of the Contract; or

b) lawfully known to the Recipient at the time of disclosure and is not subject to any obligations of confidentiality; or

c) lawfully disclosed to the Recipient by a Vendor without any obligations of confidentiality; or

153

d) replicated by development independently carried out by or for the Recipient by an employee or other person without access to or knowledge of the Information.

10.5. Each Party shall not publicize this Agreement without other Party’s prior written consent and shall ensure that any subcontractor is bound by similar confidentiality terms to those in this clause.

10.6. Either Party that has during the course of this Agreement received confidential Information in a recorded form from the other (or has recorded received confidential Information) shall return or such destroy in a complete irrecoverable mode (at the option of the disclosing party) records upon:

a) Expiry or termination of this Agreement; or

b) Upon earlier request unless such records are part of the supplies.

10.7. This clause shall survive termination / expiry of this Agreement.

10.8. The obligations of confidentiality shall also be governed by the Non- Disclosure Agreement dated [●] (“NDA”), entered into between the MTNL and the Vendor. In the event of any conflict between this Clause 10 and the NDA, the provisions of the NDA shall be applicable.

11. Intellectual Property

11.1. Each Party will retain its right, title and interest in its respective trademarks, service marks and trade names as well as rights in respect of any patent, copyright, trade secrets or other intellectual property used during the performance of this Agreement. Both Parties recognise that except as otherwise expressly provided herein or agreed between the Parties, they shall have no right, title, interest or claim over the others’ intellectual property.

11.2. The Vendor agrees that it shall defend, at its own expense, all proceedings, suits and claims against and/or affecting the MTNL or any of their officers, directors or employees (“Indemnitees”) with respect to infringement, breach or violation of any patent, trademark, copyright, trade secret, mark or other intellectual property rights of any third party in the course of performance of its obligations under this Agreement. The Vendor agrees that it shall indemnify the Indemnities for all sums, costs, expenses and liabilities including, without limitation, all reasonable attorneys’ fees and other costs, incurred by Indemnities in connection with or otherwise arising out of any such proceeding, suit or claim.

If in any such suit so defended, all or any part of the equipment or any component thereof or the use thereof is held to constitute an infringement or violation of third party intellectual property rights and its use is enjoined, or if in respect of any claim of infringement or violation the Vendor deems it advisable to do so, the Vendor shall at its sole cost and expense take one or more of the following actions: (a) procure the right to continue the use of the same without interruption for the MTNL; or (b) replace the same with non-infringing Equipment that meets the technical specifications stipulated under the Contract; or (c) modify the said equipment or any component thereof so as to be non-infringing; provided, that (i) the equipment or any

154

component thereof as modified complies with all of the technical specifications as stipulated under the Contract; and (ii) Vendor shall fully indemnify the MTNL for any costs associated with any such action.

12. Security Review

The Vendor shall:

a) give to (or procure the giving to) MTNL (or any person authorized by MTNL) such access at all reasonable times to the Vendor’s and any Subcontractor’s records and premises related to this Agreement as MTNL may require from time to time to assess the Vendor’s compliance of these policies in this Agreement;

b) such assessments may include assessments of all elements of physical and logical audits, penetration testing of the Vendor’s Systems. The Vendor shall facilitate this assessment by permitting MTNL to collect, retain and analyse information to identify potential security risks including trace files, statistics, network addresses and the actual information or screens accessed or transferred; and

c) provide such reports to MTNL and attend such meetings as may be reasonably required by MTNL.

13. Network Audit, Test and Certification:

The process of networks audit and certification should be performed by the test and certification agencies to include following activities and Vendor shall extend necessary support for the same::

b) Network forensics to identify existing unwanted running processes\ malwares\ backdoors etc. on all networks' elements. The operation includes sniffing of live traffic to identify unwanted redirection and interception of traffic.

c) Network Hardening to map all networks elements and to calibrate them to optimized secured state.

d) Network penetration test to assure system durability against any kind of attack.

e) Risk assessment to understand what actions should be taken to minimize future damage to carrier and what risks are inevitable.

f) Actions to fix found problems by setting systems to default or acquiring relevant IT security technologies to prevent such problems from reoccurring.

An available list of Test and Certification Agencies (Third Parties) in various countries who may take up the regular Technical Audit of Networks and Security Certification is given at Appendix I. The MTNL may engage the services of any other Network Audit and Security Certification agency also.

14 Investigation:

14.1. If MTNL believes that there has been a security breach by the Vendor of the provisions of this Agreement, MTNL will inform the Vendor Security Contact. The

155

Vendor shall cooperate with MTNL fully in any ensuing investigation. The Vendor shall provide list of Contract Personnel who have had access to MTNL Systems and MTNL Information to MTNL and/or any law enforcement agency.

14.2. The Vendor shall report to MTNL Security Contact promptly of any potential misuse of MTNL Information or improper or unauthorised access to MTNL Systems and MTNL Information. Upon request, the Vendor shall promptly provide to MTNL a written report with details of the potential misuse of MTNL Information or improper or unauthorised access to MTNL Systems and MTNL Information.

14.3. If any audit or investigation reveals that there is a potential risk to the confidentiality, integrity or availability of MTNL Information in the Vendor’s processes or Vendor Systems, Vendor shall promptly correct any security risk in the Vendor’s processes or Vendor Systems promptly.

14.4. During investigation, the Vendor shall co-operate with MTNL, providing reasonable access, space, facilities and assistance to all Vendor Systems as reasonably necessary to investigate the breach of the provisions of this Agreement including permitting interview of any sales, engineering or other operational personnel of Vendor upon prior reasonable written notice.

15. Limitation of Liability

The aggregate liability of the Vendor to the MTNL in respect of any breach of obligations under this Agreement shall not exceed the value of Purchase Order (PO), provided that such limitation shall not apply to claims arising pursuant to Clauses 10 and Clause 11.2 or pursuant to any other Clause where such limitation is expressly excluded.

16. Term and Termination

16.1. This Agreement shall be effective from the Commencement Date. Notwithstanding anything contained herein or in the Contract, this Agreement shall survive till any equipment is working, which is supplied and served by the Vendor under this Contract or for a period of ten years after signing of this Agreement whichever is later (“End Date”).

16.2. This Agreement may also be terminated in the event it is so determined by the Licensor or under Applicable Laws.

16.3. The termination of this Agreement shall be without prejudice to the rights and obligations of the parties which have accrued up to the date of termination.

17. Indemnity

17.1. The Vendor shall indemnify and hold harmless the MTNL and its employees, agents, shareholders, directors, representatives, against any claims or penalty or consequence arising out of breach of the security related terms of the license granted by the Licensor as a result of breach or non-compliance by the Vendor with its obligations in this Agreement.

156

17.2. It is clarified that any expenditure incurred by the MTNL for complying with security related provisions as prescribed under Applicable Law shall be borne by the Vendor. In the event there is a breach of the security related provisions as prescribed under Applicable Laws, any penalty imposed by the DoT on the MTNL shall be paid by the Vendor to the MTNL. Further, any testing of Vendor’s equipment including requirement of testing equipment shall be met by Vendor at his own cost.

18. Governing Law

18.1. This Agreement shall be governed by laws of India and the Parties agree to the exclusive jurisdiction of the Indian courts where the registered office of the MTNL is situated

18.2. Amendments in Guidelines/Directions

If there will be any future amendments issued by DOT/TRAI or any other Competent Authority, the same shall become a part of this agreement.

19. Arbitration

19.1. In the event of any question, dispute or difference arising under this Agreement or in connection there-with, the same shall be referred to the sole arbitration of the ED,MTNL Delhi or in case his designation is changed or his office is abolished, then in such cases to the sole arbitration of the officer for the time being entrusted (whether in addition to his own duties or otherwise) with the functions of the ED, MTNL Delhi or by whatever designation such an officer may be called (hereinafter referred to as the said officer), and if the ED, MTNL Delhi or the said officer is unable or unwilling to act as such, then to the sole arbitration of some other person appointed by the ED, MTNL Delhi or the said officer. The agreement to appoint an arbitrator will be in accordance with the Arbitration and Conciliation Act 1996. There will be no objection to any such appointment on the ground that the arbitrator is a government servant or that he has to deal with the matter to which the agreement relates or that in the course of his duties as a government servant he has expressed his views on all or any of the matters in dispute. The award of the arbitrator shall be final and binding on both the parties to the agreement. In the event of such an arbitrator to whom the matter is originally referred, being transferred or vacating his office or being unable to act for any reason whatsoever, the ED, MTNL Delhi 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.

19.2. 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.

19.3. The venue of the arbitration proceeding shall be the office of the ED MTNL

157

Delhi office, New Delhi or such other places as the arbitrator may decide.

20 Notices

20.1. Any notice, documents, information, direction and any other communications required or permitted to be (or such other addresses as specified in writing by the respective Party from time to time) hereunder shall be sent in writing and sent by registered post, courier and or by facsimile transmission or delivered personally by hand or sent by email addressed to the other Party to the relevant addresses set out below at the following addresses:

If to the MTNL:

AGM (MM) EBMahanagar Telephone Nigam Limited111, Ist floor,Eastern court, Janpath, New Delhi-110001Tel: 011-23327071 Email: agmcpsl1@bol.com

If to the Vendor:

[Name] [Address} Fax: Tel: Email:

20.2. Any such notices and other documents shall:

a) if delivered by hand, be deemed to have been given and received at the place of receipt on the date of delivery;

b) if mailed by post or couriered, be deemed to have been given and received at the place of delivery on the date of delivery.

c) if given by facsimile transmission be deemed to have been given and received, at the place of receipt on the date as shown in the facsimile transmission report; and

d) if given by e-mail be deemed to have been given and received at the place mentioned in Clause 19 above on the same day.

20.3. Either Party shall inform the other of any change in its address above through a notice in writing to the other Party in the manner set forth above.

I WITNESS WHEREOF THE PARTIES HAVE CAUSED THESE PRESENTS TO BE EXECUTED ON THE DAY, MONTH AND YEAR HEREIN BELOW WRITTEN TO BE EFFECTIVE FROM THE DATE FIRST MENTIONED ABOVE

SIGNED for and on behalf of

Mahanagar Telephone Nigam Limited

158

Signature ……………………………………………..

Name ……………………………………………

Position ……………………………………………

Witness Signature ………………………………...

Name & Address…………………………………

SIGNED for and on behalf of …………………………………………….

Signature ……………………………………………..

Name ……………………………………………..

Position ……………………………………………..

Witness Signature ………………………………………….....

Name & Address:…………………… ………………….

159

SECTION –IXANNEXURE-XIV

T.ENo.:MTNL/DEL/EB/Wi-Fi/2014-15/10

Format of Non Disclosure Agreement (NDA)

This Agreement is made as of the ------------- 2015 between MAHANAGAR TELEPHONE NIGAM LIMITED (MTNL) a Government of India Enterprise, having its corporate office at Mahanagar Dorrsanchar Bhawan, CGO Complex, Lodhi Road, New Delhi-110003 which expression shall unless repugnant to the subject or the context mean and included its successors, nominees or assigns and M/s ------------------ ------------------------------------------------------------------------------ a company incorporated under the Indian Companies Act, 1956, and having its registered office at ------------------------------------------------------------------------------------------ herein after called “----------------------” which expression shall unless repugnant to the subject or the context mean and include its successors, nominees or assigns.

Whereas in order to pursue the mutual business purpose of this particular project (the “Business Purpose”), as specified here below-

“NIT document for “Supply, Installation, Testing and Commissioning (SITC) of WI-FI Hotspot Network”

and M/s---------------------------------------------------------------------------------------- recognize that there is a need to disclose to one another certain information, as defined in para 1 below, of each party to be used only for the Business Purpose and to protect such confidential information from unauthorized use and disclosure.

In consideration of the other party’s disclosure of such information, each party agrees as follows:

1. This Agreement will apply to all confidential and proprietary information disclosed by one party to the other party, including information listed in Exhibit A attached hereto and other information which the disclosing party identifies in writing or otherwise as confidential before or within thirty days after disclosure to the receiving party (“Confidential Information”). Information consists of certain specifications, designs, plans, drawings, software, prototypes and/or technical information, and all copies and derivatives containing such Information, that may be disclosed to one another for and during the Purpose, which a party considers proprietary or confidential (“Information”). Information may be in any form or medium, tangible or intangible, and may be communicated/disclosed in writing, orally, or through visual observation or by any other means to one party (hereinafter referred to as the receiving party) by the other party (hereinafter referred to as one disclosing party). Information shall be subject to this Agreement, if it is in tangible form, only if clearly marked as proprietary or confidential as the case may be, when disclosed to the receiving party or, if not in tangible form, its proprietary nature must first be announced, and it must be reduced to writing and furnished to the receiving party within thirty(30) days of the initial disclosure.

2. M/s ----------------------------------------------------------------------------------------- and MTNL hereby agreed at during the Confidentiality Period:

a) The receiving party shall use Information only for the Purpose, shall hold Information in confidence using the same degree of care as it normally exercises

160

to protect its own proprietary information, but not less than reasonable care, taking into account the nature of the Information, and shall grant access to Information only to its employees who have a need to know, but only to the extent necessary to carry out the business purpose of this project as defined in exhibit A, shall cause its employees to comply with the provisions of this Agreement applicable to the receiving party, shall reproduce Information only to the extent essential to fulfilling the Purpose, and shall prevent disclosure of Information to third parties. The receiving party may, however, disclose the Information to its consultants and contractors with a need to know; provided that by doing so, the receiving party agrees to bind those consultants and contractors to terms at least as restrictive as those stated herein, advise them of their obligations, and indemnify the disclosing party for any breach of those obligations.

b) Upon the disclosing party's request, the receiving party shall either return to the disclosing party all Information or shall certify to the disclosing party that all media containing Information have been destroyed. Provided, however, that an archival copy of the Information may be retained in the files of the receiving party's counsel, solely for the purpose of proving the contents of the Information.

3. The foregoing restrictions on each party's use or disclosure of Information shall not apply to Information that the receiving party can demonstrate:

a) was independently developed by or for the receiving party without reference to the Information, or was received without restrictions; or

b) has become generally available to the public without breach of confidentiality obligations of the receiving party; or

c) was in the receiving party's possession without restriction or was known by the receiving party without restriction at the time of disclosure; or

d) is the subject of a subpoena or other legal or administrative demand for disclosure; provided, however, that the receiving party has given the disclosing party prompt notice of such demand for disclosure and the receiving party reasonably cooperates with the disclosing party's efforts to secure an appropriate protective order; or

e) is disclosed with the prior consent of the disclosing party; or

f) was in its possession or known to it by being in its use or being recorded in its files or computers or other recording media prior to receipt from the disclosing party and was not previously acquired by the receiving party from the disclosing party under an obligation of confidence; or

g) the receiving party obtains or has available from a source other than the disclosing party without breach by the receiving party or such source of any obligation of confidentiality or non-use towards the disclosing party.

4. Each party agrees not to remove any of the other party’s Confidential Information from the premises of the disclosing party without the disclosing party’s prior written approval. Each party agrees to exercise extreme care in protecting the confidentiality of any Confidential Information which is removed, only with the disclosing party’s prior written approval, from the disclosing party’s premises. Each party agrees to comply

161

with any and all terms and conditions the disclosing party may impose upon any such approved removal, such as conditions that the removed Confidential Information and all copies must be returned by a certain date, and that no copies are to be make off of the premises.

5. Upon the disclosing party’s request, the receiving party will promptly return to the disclosing party all tangible items containing or consisting of the disclosing party’s Confidential Information all copies thereof.

6. Each party recognizes and agrees that all of the disclosing party’s Confidential Information is owned solely by the disclosing party (or its licensors) and that the unauthorized disclosure or use of such Confidential Information would cause irreparable harm and significant injury, the degree of which may be difficult to ascertain. Accordingly, each party agrees that the disclosing party will have the right to obtain an immediate injunction enjoining any breach of this Agreement, as well as the right to pursue any and all other rights and remedies available at law or in equity for such a breach.

7. Access to Information hereunder shall not preclude an individual who has seen such Information for the purposes of this Agreement from working on future projects for the receiving party which relate to similar subject matters, provided that such individual does not make reference to the Information and does not copy the substance of the Information during the Confidentiality Period. Furthermore, nothing contained herein shall be construed as imposing any restriction on the receiving party's disclosure or use of any general learning, skills or know-how developed by the receiving party's personnel under this Agreement, if such disclosure and use would be regarded by a person of ordinary skill in the relevant area as not constituting a disclosure or use of the Information.

8. As between the parties, all Information shall remain the property of the disclosing party. By disclosing Information or executing this Agreement, the disclosing party does not grant any license, explicitly or implicitly, under any trademark, patent, copyright, mask work protection right, trade secret or any other intellectual property right. THE DISCLOSING PARTY DISCLAIMS ALL WARRANTIES REGARDING THE INFORMATION, INCLUDING ALL WARRANTIES WITH RESPECT TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS AND ALL WARRANTIES AS TO THE ACCURACY OR UTILITY OF SUCH INFORMATION. Execution of this Agreement and the disclosure of Information pursuant to this Agreement does not constitute or imply any commitment, promise, or inducement by either party to make any purchase or sale, or to enter into any additional agreement of any kind.

9. Either party’s failure to enforce any provision, right or remedy under this agreement shall not constitute a waiver of such provision, right or remedy.

10. This Agreement will be construed in, interpreted and applied in accordance with the laws of India.

11. That in case of any dispute or differences, breach & violation relating to the terms of the Agreement. The said matter or dispute, difference shall be referred to sole arbitration of Chairman and Managing Director ( ED) of MTNL or any other person appointed by him. That the award of the arbitrator shall be final and binding on both the parties. In the event of such Arbitrator to whom the matter is originally referred to is being transferred or vacates his office on resignation or other wise or refuses to do work or neglecting his work or being unable to act as Arbitrator for any reasons whatsoever , the ED MTNL shall appoint another person to act as Arbitrator in place of

162

out going Arbitrator and the person so appointed shall be entitled to proceed further with the reference from the stage at which it was left by his predecessor. M/s ---------------------------------------------------------------------------------------- will have no Objection in any such appointment, that arbitrator so appointed is employee of MTNL. The said Arbitrator shall act under the Provisions of the Arbitration and conciliation Act, 1996 or any statutory modifications or re-enactment there of or any rules made thereof.

12. This Agreement and Exhibit A attached hereto constitutes the entire agreement of the parties with respect to the parties' respective obligations in connection with Information disclosed hereunder and supersedes all prior oral and written agreements and discussions with respect thereto. The parties can amend or modify this Agreement only by a writing duly executed by their respective authorized representatives. Neither party shall assign this Agreement without first securing the other party's written consent.

13. This Agreement will remain in effect for five years from the date of the last disclosure of Confidential Information, at which time it will terminate, unless extended by the disclosing party in writing.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized officers or representatives.

M/s ___________________ MAHANAGAR TELEPHONE NIGAM LIMITED

Signature:_____________ Signature:____________

Name: _________ Name:___________

Title:________________ Title:______________________

163

Exhibit AT.ENo.:MTNL/DEL/EB/Wi-Fi/2014-15/10

Business Purpose: Supply of Supply,Installation,Testing and Commissioning of equipment for providing Wi-Fi service on Turnkey basis.

1. Confidential Information of M/s

NIL

2. Confidential information of MTNL:

Technical Specifications, All network details & its architecture, All information shared in oral or in written form by MTNL with M/s

Information downloaded or taken in physical form shall be returned /destroyed after use not copied.

MTNL _____________ M/s. _____________

Signed Signed

164

165

SECTION –IXANNEXURE-XV

T.ENo.:MTNL/DEL/EB/Wi-Fi/2014-15/10

The format certificate of Non Relationship

“I…………..s/o…….……r/o……………..hereby certify that none of my relative(s) as defined in the tender document is/are employed in MTNL 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, MTNL shall have the absolute right to take any action as deemed fit/without any prior intimation to me.”

(Signature, name, designation and address of Bidder)

166

SECTION-IXANNEXURE-XVI

T.ENo.:MTNL/DEL/EB/Wi-Fi/2014-15/10DECLARATION REGARDING NON BLACKLISTING

I __________________________son of/wife of Sh____________________and Proprietor/Director/Partner/Authorized Signatory of M/s____________________do hereby Solemnly

affirm and declare as under: - 1. That I am the sole Proprietor/Director/Partner/Authorized Signatory of M/s________________________ 2. That I state & declare that the above firm M/s

_____________________ is not debarred and/or blacklisted by any department of Central Govt./State Govt./PSU/Public bodies/Municipalities on the date of opening of tender. In case the above declaration is found to be incorrect or wrong, the contract, if awarded to the firm shall be terminated immediately

and the firm shall liable to be blacklisted/debarred for future works/contract with MTNL. Any such action shall however be without prejudice to MTNL’s right under the law. Signature of

Proprietor/Director/Partner/Authorized Signatory (Sh./Smt./Miss_____________________

Note: - The signatory should not affect any variation in the text of declaration. Declaration in any other form shall not be acceptable and render the bidder for disqualification of the tender/bid.

167

168

SECTION-IXANNEXURE-XVII

T.ENo.:MTNL/DEL/EB/Wi-Fi/2014-15/10

Certificate from Wi-Fi OEM regarding single authorization(To be submitted on letter head of Wi-Fi OEM)

*It is certified that Wi-Fi OEM M/s………………………………………………………………have/have not participated in this tender T.ENo.:MTNL/DEL/EB/Wi-Fi/2014-15/10

*It is further certified that Wi-Fi OEM M/s……………………………………. has authorized M/s……………………… only to participate in T.ENo.:MTNL/DEL/EB/Wi-Fi/2014-15/10

(Signature of authorized signatory of Wi-Fi OEM with official stamp)

*Strikeout whichever is not applicable.

169

Section –XGuidelines of MTNL on Banning of Business Dealings

1. Introduction

Mahanagar Telephone Limited (MTNL), being a Public Sector Enterprise and ‘State’, within the meaning of Article 12 of Constitution of India, has to ensure preservation of rights enshrined in Chapter III of the Constitution. MTNL has also to safeguard its commercial interests. MTNL deals with Agencies, who have a very high degree of integrity, commitments and sincerity towards the work undertaken. It is not in the interest of MTNL to deal with Agencies who commit deception, fraud or other misconduct in the execution of contracts awarded / orders issued to them. In order to ensure compliance with the constitutional mandate, it is incumbent on MTNL to observe principles of natural justice before banning the business dealings with any Agency.

Since banning of business dealings involves civil consequences for an Agency concerned, it is incumbent that adequate opportunity of hearing is provided and the explanation, if tendered, is considered before passing any order in this regard keeping in view the facts and circumstances of the case.

2. Scope

2.1 The General Conditions of Contract (GCC) of MTNL generally provide that MTNL reserves its rights to remove from list of approved bidders / contractors or to ban business dealings if any bidder/contractor who has been found to have committed misconduct and also to suspend business dealings pending investigation.

2.2 However, absence of such a clause does not in any way restrict the right of Company (MTNL) to take action / decision under these guidelines in appropriate cases.

2.4 The procedure of (i) Suspension and (ii) Banning of Business Dealing with Agencies, has been laid down in these guidelines.

2.5 These guidelines apply to all the Units and subsidiaries of MTNL.

2.6 It is clarified that these guidelines do not deal with the decision of the Management not to entertain any particular Agency due to its poor / inadequate performance or for any other reason.

2.7 The banning shall be with prospective effect, i.e., future business dealings.

3. Definitions

In these Guidelines, unless the context otherwise requires:

170

i) ‘Party / Contractor / Bidder / Purchaser / Customer’ shall mean and include a public limited company or a private limited company, a firm whether registered or not, an individual, a cooperative society or an association or a group of persons engaged in any commerce, trade, industry, etc. ‘Party / Contractor / Bidder /Purchaser / Customer’ in the context of these guidelines is indicated as ‘Agency’.

ii) ‘Inter-connected Agency’ shall mean two or more companies having any of the following features:

a) If one is a subsidiary of the other.b) If the Director(s), Partner(s), Manager(s) or Representative(s) are common;c) If management is common;d) If one owns or controls the other in any manner;

iii) ‘Competent Authority’ and ‘Appellate Authority’ shall mean the following:

a) For Company Wide Banning (entire MTNL) the Director (Technical) shall be the ‘Competent Authority’ for the purpose of these guidelines. CMD, MTNL shall be the ‘Appellate Authority’ in respect of such cases except banning of business dealings with Bidders of Imported Equipment.

b) For Units level banning: Any officer not below the rank of ED shall be the ‘Competent Authority’ for the purpose of these guidelines. The Director (Technical) shall be the ‘Appellate Authority’ in all such cases.

c) For banning of business dealings with Bidders of Imported Equipment, MTNL Directors’ Committee (MDC), consisting of Director (Technical), Director (Finance), Director (HR) of MTNL, shall be the ‘Competent Authority’. The Appeal against the Order passed by MDC shall lie with CMD, as First Appellate Authority.

d) In case the foreign bidder is not satisfied by the decision of the First Appellate Authority, it may approach MTNL Board as Second Appellate Authority.

e) CMD, MTNL shall have overall power to take suo-moto action on any information available or received by him and pass such order(s) as he may think appropriate, including modifying the order(s) passed by any authority under these guidelines.

(iv) ‘Investigating Department’ shall mean any Department or Unit investigating into the conduct of the Agency and shall include the Vigilance Department, Central Bureau of Investigation, the State Police or any other department set up by the Central or State Government having powers to investigate.

4. Initiation of Banning / Suspension:

171

Action for banning / suspension business dealings with any Agency should be initiated by the department having business dealings with them after noticing the irregularities or misconduct on their part.

5. Suspension of Business Dealings

5.1 If the conduct of any Agency dealing with MTNL is under investigation by any department (except Bidders of Imported Equipment), the Competent Authority may consider whether the allegations under investigation are of a serious nature and whether pending investigation, it would be advisable to continue business dealing with the Agency. If the Competent Authority, after consideration of the matter including the recommendation of the Investigating Department, if any, decides that it would not be in the interest to continue business dealings pending investigation, it may suspend business dealings with the Agency. The order to this effect may indicate a brief of the charges under investigation. If it is decided that inter-connected Agencies would also come within the ambit of the order of suspension, the same should be specifically stated in the order. The order of such suspension would operate for a period not more than six months and may be communicated to the Agency as also to the Investigating Department.

The Investigating Department may ensure that their investigation is completed and whole process of final order is over within such period.

5.2 The order of suspension shall be communicated to all Departmental Heads within the Units. During the period of suspension, no business dealing may be held with the Agency.

5.3 As far as possible, the existing contract(s) with the Agency may be continued unless the Competent Authority, having regard to the circumstances of the case, decides otherwise.

5.4 If the gravity of the misconduct under investigation is very serious and it would not be in the interest of MTNL, as a whole, to deal with such an Agency pending investigation, the Competent Authority may send his recommendation to Corporate Office along with the material available. If Corporate Office considers that depending upon the gravity of the misconduct, it would not be desirable for all the Units and Subsidiaries of MTNL to have any dealings with the Agency concerned, an order suspending business dealings may be issued to all the Units by the Competent Authority of the Corporate Office, copy of which may be endorsed to the Agency concerned. Such an order would operate for a period of six months from the date of issue.

172

5.5 For suspension of business dealings with Bidders of Imported Equipment following shall be the procedure: -

i) Suspension of the foreign bidders shall apply through out the Company including Subsidiaries.

ii) If gravity of the misconduct under investigation is found serious and it is felt that it would not be in the interest of MTNL to continue to deal with such agency, pending investigation, Unit dealing with agency may send such recommendation on the matter to a Committee consisting of the following:

1. ED(Tech) C.O.MTNL.

2. ED (Delhi), MTNL

3. ED (Mumbai), MTNL

4. Legal Advisor (Corporate Office)

The committee shall expeditiously examine the report; give its comments/recommendations within twenty one days.

iii) The comments / recommendations of the Committee shall then be placed before MTNL Directors’ Committee (MDC). If MDC opines that it is a fit case for suspension, MDC may pass necessary orders which shall be communicated to the bidder of Imported Equipment.

5.6 If the Agency concerned asks for detailed reasons of suspension, the Agency may be informed that its conduct is under investigation. It is not necessary to enter into correspondence or argument with the Agency at this stage.

5.7 It is not necessary to give any show-cause notice or personal hearing to the Agency before issuing the order of suspension. However, if investigations are not complete in six months time, the Competent Authority may extend the period of suspension by another three months, during which period the investigations must be completed.

6. Ground on which Banning of Business Dealings can be initiated

6.1 If the security consideration, including questions of loyalty of the Agency to the State, so warrants;

173

6.2 If the Director / Owner of the Agency, proprietor or partner of the firm, is convicted by a Court of Law for offences involving moral turpitude in relation to its business dealings with the Government or any other public sector enterprises or MTNL, during the last five years;

6.3 If there is strong justification for believing that the Directors, Proprietors, Partners, owner of the Agency have been guilty of malpractices such as bribery, corruption, fraud, substitution of tenders, interpolations, etc;

6.4 If the Agency continuously refuses to return / refund the dues of MTNL without showing adequate reason and this is not due to any reasonable dispute which would attract proceedings in arbitration or Court of Law;

6.5 If the Agency employs a public servant dismissed / removed or employs a person convicted for an offence involving corruption or abetment of such offence;

6.6 If business dealings with the Agency have been banned by the Govt. or any other public sector enterprise;

6.7 If the Agency has resorted to Corrupt, fraudulent practices including misrepresentation of facts;

6.8 If the Agency uses intimidation / threatening or brings undue outside pressure on the Company (MTNL) or its official in acceptance / performances of the job under the contract;

6.9 If the Agency indulges in repeated and / or deliberate use of delay tactics in complying with contractual stipulations;

6.10 Willful indulgence by the Agency in supplying sub-standard material irrespective of whether pre-dispatch inspection was carried out by Company (MTNL) or not;

174

6.11 Based on the findings of the investigation report of CBI / Police against the Agency for malafide / unlawful acts or improper conduct on his part in matters relating to the Company (MTNL) or even otherwise;

6.12 Established litigant nature of the Agency to derive undue benefit;

6.13 Continued poor performance of the Agency in several contracts;

6.14 If the Agency misuses the premises or facilities of the Company (MTNL), forcefully occupies, tampers or damages the Company’s properties including land, water resources, forests / trees, etc.

(Note: The examples given above are only illustrative and not exhaustive. The Competent Authority may decide to ban business dealing for any good and sufficient reason).

7. Banning of Business Dealings

7.1 Normally, a decision to ban business dealings with any Agency should apply throughout the Company including Subsidiaries. However, the Competent Authority of the Unit except Corporate Office can impose such ban unit-wise only if in the particular case banning of business dealings by respective Unit will serve the purpose and achieve its objective and banning throughout the Company is not required in view of the local conditions and impact of the misconduct /default to beyond the Unit. Any ban imposed by Corporate Office shall be applicable across all Units of the Company including Subsidiaries.

7.2 For Company-wide banning, the proposal should be sent through the ED of the Unit setting out the facts of the case and the justification of the action proposed along with all the relevant papers and documents except for banning of business dealings with Foreign Bidders.

The Corporate Office shall process the proposal of the Unit for a prima- facie view in the matter by the Competent Authority nominated for Company-wide banning.

175

If the prima-facie decision for Company-wide banning has been taken, the

Corporate Office shall issue a show-cause notice to the agency conveying why it should not be banned throughout MTNL.

After considering the reply of the Agency and other circumstances and facts of the case, a final decision for Company-wide banning shall be taken by the Competent Authority.

7.3 There will be a Standing Committee in Corporate Office and each Unit to be appointed by Director (Technical) & ED respectively for processing the cases of “Banning of Business Dealings” except for banning of business dealings with bidders of Imported Equipment. The functions of the committee shall, inter-alia include:

i) To study the report of the Investigating Agency and decide if a prima-facie case for Company-wide / Local unit wise banning exists, if not, send back the case to the Competent Authority.

ii) To recommend for issue of show-cause notice to the Agency by the concerned department.

iii) To examine the reply to show-cause notice and call the Agency for personal hearing, if required.

iv) To submit final recommendation to the Competent Authority for banning or otherwise.

7.4 If the Competent Authority is prima-facie of view that action for banning business dealings with the Agency is called for, a show-cause notice may be issued to the Agency as per paragraph 8.1 and an enquiry held accordingly.

7.5 Procedure for Banning of Business Dealings with Bidders of Imported Equipment.

i) Banning of the agencies shall apply through out the Company including Subsidiaries.

ii) Depending upon the gravity of the alleged misconduct the investigation report with all relevant details shall be placed before a Committee consisting of the following :-

1. ED(Tech), C.O.MTNL

2. ED (Delhi), MTNL

3. ED (Mumbai), MTNL

4. Legal Advisor (Corporate Office

The Committee shall examine the proposal and give its comments / recommendations within 21 days.

176

iii) The comments / recommendations of the Committee shall be placed before MTNL Directors’ Committee (MDC). If MDC opines that it is a fit case for initiating banning action, it will direct to issue show-cause notice to the agency for replying within a reasonable period.

iv) On receipt of the reply or on expiry of the stipulated period, MDC will consider & award decision on case.

v) The decision of the MDC shall be communicated to the agency.

8. Show-cause Notice

8.1 In case where the Competent Authority decides that action against an Agency is called for, a show-cause notice has to be issued to the Agency. Statement containing the imputation of misconduct or misbehavior may be appended to the show-cause notice and the Agency should be asked to submit within 30 days a written statement in its defence.

8.2 If the Agency requests for inspection of any relevant document in possession of MTNL, necessary facility for inspection of documents may be provided.

8.3 The Competent Authority may consider and pass an appropriate speaking order:

a) For exonerating the Agency if the charges are not established;

b) For banning the business dealing with the Agency.

8.4 If it decides to ban business dealings, the period for which the ban would be operative may be mentioned. The order may also mention that the ban would extend to the interconnected Agencies of the Agency.

9. Appeal against the Decision of the Competent Authority

9.1 The Agency may file an appeal against the order of the Competent Authority banning business dealing, etc. The appeal shall lie to Appellate Authority. Such an appeal shall be preferred within one month from the date of receipt of the order banning business dealing, etc.

177

9.2 Appellate Authority would consider the appeal and pass appropriate order which shall be communicated to the Agency as well as the Competent Authority.

10. Review of the Decision by the Competent Authority

Any petition / application filed by the Agency concerning the review of the banning order passed originally by Competent Authority under the existing guidelines either before or after filing of appeal before the Appellate Authority or after disposal of appeal by the Appellate Authority, the review petition can be decided by the Competent Authority upon disclosure of new facts /circumstances or subsequent development necessitating such review. The Competent Authority may refer the same petition to the Standing Committee for examination and recommendation.

11. Circulation of the names of Agencies with whom Business Dealings have been banned.

11.1 Depending upon the gravity of misconduct established, the Competent Authority of the Corporate Office may circulate the names of Agency with whom business dealings have been banned, to the Government Departments, other Public Sector Enterprises, etc. for such action as they deem appropriate.

11.2 If Government Departments or a Public Sector Enterprise request for more information about the Agency with whom business dealings have been banned, a copy of the report of Inquiring Authority together with a copy of the order of the Competent Authority / Appellate Authority may be supplied.

11.3 If business dealings with any Agency have been banned by the Central or State Government or any other Public Sector Enterprise, MTNL may, without any further enquiry or investigation, issue an order banning business dealing with the Agency and its inter-connected Agencies.

11.4 Based on the above, Units may formulate their own procedure for implementation of the Guidelines.

178

MAHANAGAR TELEPHONE NIGAM LIMITEDO/o General Manager (EB), Room No.-423, Khurshid Lal Bhawan,

Janpath, New Delhi-110 001

No. MTNL/DEL/EB/Wi-Fi/2014-15Dated 07-04-2015

CORRIGENDUM No. 3

In T.E. No. MTNL/DEL/EB/Wi-Fi/2014-15/10, e-Tender For Supply, Installation, Testing and Commissioning (SITC) of WI-FI Hotspot Network. In NIT Tender Details ,The due date & time of submission of documents physically, Due date & time of submission of bids on line and due date & time of opening of bids On line are hereby postponed and may be read as follows along with Clarifications and Amendments :-

1. Due date & time of submission of documents physically- Up to 15.00 Hrs of 16-04-2015

2, Due date & time of submission of bids On- line - Up to 15.00 Hrs of 16-04-2015

3 Due date & time of Opening of bids On- line - At 12.00 Hrs on 17-04-2015

CLARIFICATIONS AND AMENDMENTS:

ANNEXURE-A - The Clarifications as sought by the prospective bidders in the Pre Bid Conference held on 12-03-2015.

ANNEXURE-B- Amendments in Clauses of Tender document.

ANNEXURE-C- Revised Price Schedule –TableNo-1 SECTION-VII PART-II (Price Schedule for Indigenous Equipments).

NOTICE:-

DUE CARE MAY BE TAKEN WHILE SUBMITTING THE FINANCIAL BID (TABLE No.1,SECTION-VII PART-II) AS IT HAS NOW BEEN MODIFIED. WHILE SUBMITTING THE FINANCIAL BID ON LINE THE NEW TABLE-1 MAY BE SUBMITTED AS SCANNED COPY (ANNEXURE-C, Corrigendum No.3) AND THE FINAL FINANCIAL QUOTE MAY BE SUBMITTED ON LINE IN TABLE NO.1 SECTION-VII (PART-II) AS PER CORRIGENDUM NO.3 ANNEXURE-C.

Other terms & conditions of tender remain unchanged

Asstt. General Manager (MM) EB

179

ANNEXTURE-AQueries NO

Section No

page No

Clause No

Actual Clause Quarries / suggession

Reply by MTNL

1 Section I 5 1.6Any bid not accompanied with Tender document Fee, EMD/bid security amount and multiple bids having same Wi-Fi OEM (annexure XVII section IX)will be rejected out rightly.

Requesting to relax the clause to ensure healthy participation and competition from Various OEMs. Hence, multiple bids from same WiFi OEM should be allowed.

AS per NIT

2 Section II 7 2 MTNL will provide backhaul internet connectivity over its FTTH service to each of the hotspot premises/Site

Please clarify bandwidth details (shared / dedicated line) and the type of drop / output that will be provided at the site. Also, please clarify whether MTNL will provide CPE (router) at the site. If no, please provide detailed specifications and quantity of CPE (router) required to terminate the internet line at each site

Refer Amendment No-30

3 Section II 9 4.1 The bidder should be an Indian registered company. The bidder may be an Wi-Fi Original Equipment Manufacturer (Wi-Fi OEM) or its Indian subsidiary if the Wi-Fi OEM is a foreign company engaged in manufacturing of WI-FI Equipment i.e Access Points & Wireless LAN Controller (WLC) or a System Integrator (SI) engaged in implementation of projects in the field of IT/Networking/ Telecommunication having valid MoU(s) with the OEM(s) of Wi-Fi Equipment and Networking Equipment. In case of SI, it must submit the copy of valid

In this clause you are allowing “Wi-Fi Original Equipment Manufacturer (Wi-Fi OEM) or its Indian subsidiary” . The same shall be applicable for SIs who have global operations with India subsidiary. This does not ensure non discriminatory treatment and transparency with equal opportunity for OEMs as well as SIs. QuadGen as an SI has all proven credentials and domain competency having implemented wifi networks for AT&T in USA. Hence, we request you to make proper amendment to this clause allowing global SIs with Indian subsidiary to be able to participate in the tender on equal opportunity basis.

Refer Amendment No.1

180

MoU/Authorization along with the bid, which should clearly indicate the commitment of OEM (s) for extending all types of technical support for their products for at least 7 years.

4 Section II 9 4.2 The bidder should have an annual average financial turnover of above Rs 5 Crore in last three financial years (2011-2012, 2012-13 & 2013-14) from operations in India.

We are concerned that this clause is highly discriminatory and not giving equal opportunity to global SI firms and at the same time allowing many non serious trader community with no carrier wifi technology and operational domain credentials to participate in this prestigious project for delivering the global class service high speed internet access services to the lawmakers of the country. We request MTNL to consider the amendment as suggested below: “The bidder or it’s parent company should have an annual average financial turnover of above Rs 10 Crore in last three financial years (2011-2012, 2012-13 & 2013-14)”

As per NIT

5 Section II 9 4.3 1.1.1 (a) In case of Wi-Fi OEM or its Indian Subsidiary, the bidder should have supplied and successfully working projects of at least 1250 APs along with centralized core network (WLC,AAA,NMS etc) in last two years in India or Globally. (refer clause 18.4 of section-II for details) . The experience shall be counted from the date

We suggest to increase the Number of APs that should have supplied and successfully working in India to atleast 2000 APs in the last two years in India. As this project is scalable to 5000 APs, we would want the OEM to have prior experience and proven presence in INDIA .We also suggest to Add the below clause in the Pre-Bid .The OEM should have a 5 year presence in India

As per NIT

181

of opening of tender.6 Section II 9 4.2 &

4.5 The bidder should have an annual average financial turnover of above Rs 5 Crore in last three financial years (2011-2012, 2012-13 & 2013-14) from operations in India.

(c) Normally in the tender last two years turnover clause is kept. In this tender it is three years. It is requested to modify the same for 2 Years. The WiFi is a recent phenomenon in the country. Hence by keeping 3 years many capable SIs are getting eliminated, who are having the real experience.

The average financial turn over is of total business entity not exclusively for wi-Fi business.

7 Section II 9 3-(q) “Wi-Fi OEM” for this tender means manufacturer (including its subsidiaries/ parent company) of the Access Points (AP) and Wireless LAN Controller (WLC) referred in this tender.

As per our understanding the two most critical components of the solutions are Fixed access (Switching) and Wireless access (AP's/ WLC). Most customers are opting for unified access, i.e. same OEM for both switching and Wireless, which gives better control and experience to subscribers. However, in order to ensure maximum participation, it is recommended that fixed access and wireless access cold be from different OEM's, hwoever proof points be provided to MTNL that the solution works in Telecom environment. Hence, atleast two certificates be provided from TSP domestic or global, wherein the quoted combination has been satisfactorlly working for the last two year.

As per NIT

8 Section II 9 4.2 & 4.3 In case of Wi-Fi OEM or its Indian Subsidiary, the bidder should have supplied and successfully working projects of at least 1250 APs along with centralized core network (WLC,AAA,NMS etc) in last two years in India or Globally.

(a) The centralized core network (WLC, AAA, NMS etc) in India are installed and provided by the Telecom Service Provider, Hence the SI having experience of access point installations is not having the experience of such centralized core network Installation. The same needs to be deleted.

As per NIT

182

9 Section II 9 4.3 (b) (b) In case of SI, bidder should have 2 years’ experience of Installation, Testing and Commissioning of at least 250 Access Points along with centralized core network (WLC,AAA,NMS etc) in India and the Wi-Fi OEM whose equipment is being offered should have supplied at least 1250 APs along with core network anywhere in India or Globally. The experience shall be counted from the date of opening of tender

(b) Further because of Legacy issues it is observed that many SIs are unwilling to work in MTNL Projects. Hence either this tender should not be OEM driven, as selection of willing SI by OEM is getting a challenge or except the turnover clause no other condition for SI should be put in, so that willing and suitable SI can be selected by OEM. Hence the experience clause of 250 access points for SI needs to be removed. As in any case the project will be driven by the expert committee of OEM.

Refer Amendment No 2

160 Section II 9 4.3 (a) In case of Wi-Fi OEM or its Indian Subsidiary, the bidder should have supplied and successfully working projects of at least 1250 APs along with centralized core network (WLC,AAA,NMS etc) in last two years in India or Globally. (refer clause 18.4 of section-II for details) . The experience shall be counted from the date of opening of tender.

(b) In case of SI, bidder should have 2 years’ experience of Installation, Testing and Commissioning of at least 250 Access Points along with centralized core network (WLC,AAA,NMS etc) in India and the Wi-Fi OEM whose equipment is being offered should have supplied at least 1250 APs along with core network anywhere

In the clause 4.3 (a), MTNL is considering Wi-Fi OEM or its Indian Subsidiary’s global experience in deploying more than 1250 APs. However, in 4.3(b), for SIs, MTNL is considering only India experience for deployment of 250 APs. We are concerned that this clause is discriminatory and not giving equal opportunity to global SI firms. Hence, we request MTNL to modify the clause to consider global SI firm’s global experience in deployment of 250 APs. We request MTNL to consider the amendment to clause 4.3(b) as suggested below “In case of SI, bidder should have 2 years’ experience of Installation, Testing and Commissioning of at least 250 Access Points along with centralized core network (WLC,AAA,NMS etc) in India or 250 APs in any one country Globally and the Wi-Fi OEM whose equipment is being offered should have supplied at least 1250 APs along with

(a)As per NIT (b)Refer Amendment No 2

183

in India or Globally. The experience shall be counted from the date of opening of tender. (refer clause 18.4 of section-II for details)

core network anywhere in India or Globally. The experience shall be counted from the date of opening of tender. (refer clause 18.4 of section-II for details)”

15 Section -II 9 4.3 (b) (b) In case of SI, bidder should have 2 years’ experience of Installation, Testing and Commissioning of at least 250 Access Points along with centralized core network (WLC,AAA,NMS etc) in India and the Wi-Fi OEM whose equipment is being offered should have supplied at least 1250 APs along with core network anywhere in India or Globally. The experience shall be counted from the date of opening of tender. (refer clause 18.4 of section-II for details)

a- The centralized core network (WLC,AAA,NMS etc) in India are installed and provided by the Telecom Service Provider, Hence the SI will be having the experience of access point installation only and will not have the experience of such centralized core network installation Recommended to remove this clause.

Refer Amendment No -2

10 Section II 10 4.4 1.1 Bidder shall have to submit the offered equipment Type Approval certificate against the specified GR, if applicable or internationally/industry accepted certificates for offered equipment.

It is an established practice in India to issue the type approval certificate against specified GR only to the OEMs. Hence we request MTNL to modify the clause to mandate OEMs with the support of Type approval certificate for the quoted products. SI to be allowed to submit the type approval certificates of the OEMs

As per clause 4.4 Type approval certificate is not mendetory.Refer Amendment No-28.

11 Section II 10 4.4 Bidder shall have to submit the offered equipment Type Approval certificate against the specified GR, if applicable or internationally/industry accepted certificates for offered equipment.

1. Request point no 4.4 in Section II to be excluded as there is no type approval process for WLAN controller and AP’s.

As per clause 4.4 Type approval certificate is not mendetory.Refer Amendment No-28.

13 Section II 10 4.5 In this tender, the SI, its Indian subsidiaries on behalf of the Wi-Fi

The solution comprisies of approx. 60% product and 40% services, in order to get

As per NIT

184

OEM or Wi-Fi OEM itself can bid but no one can bid simultaneously for same items/product (APs & WLC). Multiple bids of same Wi-Fi OEM will be rejected out rightly. Certificate to this effect from Wi-Fi OEM must be enclosed with the proposal by the bidder as per annexure XVII section IX.

the best pricing for the product and services both, MTNL shall permit the multiple bid per OEM. This way multiple SI's can bid and this would also help to optimise the services cost. In order to limit the bidding to SI who are capable to execute project on this scale, besides the technical experience, MTNL can restrict the maximum SI's per OEM to 3, which is also the practise followed in other government organistions like Railtel

Ref: RailTel/Tender/OT/CO/DNM/2014-15/RailWire/RC/10G Switch/256 page 13(Tender available on Railtel Website).

OPEN TENDER NO.RAILTEL/TENDER/OT/CO/DNM/2013-14/MPLS/220 Dated: 14.06.2013 page 66(Tender available on Railtel Website).

14 Section II 10 4.6 If either the SI or its Indian subsidiaries submits bid on behalf of the Wi-Fi OEM, the same SI shall not submit a bid on behalf of another Wi-Fi OEM in the tender for the same item/product.

This clause allowing global SI and Indian subsidiaries to participate in the tender. Hence, we request you to amend the clauses “4.1, 4.2, 4.3” to reflect the same as in 4.6. This will bring uniformity and consistency for all eligibility criteria.

Refer Amendment NO-1

12 10 4.4 Bidder shall have to submit the offered equipment Type Approval certificate against the specified GR, if applicable or internationally/industry accepted certificates for offered equipment

Is the AP required to be TEC-GR compliant to the specifications only or is it required to be certified(semilar to WPC certification)

As per clause 4.4 Type approval certificate is not mendetory.Refer Amendment No-28.

16 Section -II 13 17.1 The bidder shall give the total composite

Being a System integrator offered basic price shall be

As per NIT

185

price inclusive of all non CENVAT-able Levies & Taxes i.e. Sales Tax/VAT, Packing, forwarding, freight and insurance etc. but excluding Octroi/Entry Tax which will be paid extra as per actual, wherever applicable. CENVAT-able duties shall be mentioned separately which will be paid extra as per actual on production of proof of payment. The basic unit price and all other components of the price need to be individually indicated against the goods it proposes to supply under the contract as per the price schedule given in Section VII (Part-II). The offer shall be firm in Indian Rupees

inclusive of Excise duty/custom duty and there will be no break of basic price and Excise/custom duty. Can we quote basic price inclusive of Excise Duty/custom duty . Please confirm

17 Section -II 13 17.2 (I) The Basic Unit price (Ex-Factory Price) of the goods, Sales Tax/VAT Freight, Forwarding, Packing, Insurance and any other non CENVAT-able Levies/Charges already paid or payable by the bidder shall be quoted separately item-wise. CENVAT-able Levies/charges shall also be quoted separately item-wise

Being a System integrator offerd basic price shall be inclusive Excise duty/custom duty and there will be no break of basic price and Excise/custom duty. Can we quote basic price inclusive Excise Duty/custom duty . Please confirm

As per NIT

18 Section -III 26 10 1. PAYMENT TERMS:Payment shall be made in Indian Rupees. Payment to the vendor will be made on achievement of the milestones as defined in the table below and on submission of the required documents as

1- Recommended to release final payment of 10% of the total contract value on submission of Bank guarante of equivalent value after the commissioning of the project.

As per NIT

186

stated under clauses 10.1, 10.2 and 10.3. -- Final Payment of 10% shall be released After completion of one year from the date of final commissioning of the project

19 Section III 27 10 Payment Terms 10% of payment is being disbursed after one year of final commisioning . Kindly provide this at the time of delivery. Instead , MTNL can take advance BG of same amount.

AS per NIT

20 Section -III 29 10.2.1 1.1.1 For AMC, the payment (excluding CENVAT-able Duties and Taxes) shall be released in arrears on quarterly basis at the end of each quarter, after successful completion of the warranty period of three Year from the date of Taken over certificate (TOC) of the project as per clause 16 of Section-IV B & as per AMC agreement (as per Annexure-I of Section IV B).

Request to confirm the time taken for release of payments post submission of invoice. We suggest that the quarterly payments should be released within 30 days on submission of Invoice. This will reduce the risk and allow us to offer a competitive rate for the product and services as well as greater competition with more participants

AS per NIT

21 Section -III 30 11.1 (ii)a Prices mentioned in Col. 11 of Table-I & Col.13 of Table-2 of the Price Schedule in Section-VII Part-II of the Bid Document once fixed will remain valid during the scheduled period of contract. Increase and decrease of Taxes and other statutory non- CENVAT-able duties will not affect the price during this period. The revision of CENVAT-able duties (both increase & decrease) shall be allowed while

As these conditions are beyond the control of the System Integrator, we request to consider revised rates of taxes, if any, on account of increase/decrease in the rates of taxes by the competent authority, during the contract period. This is a standard practice for a large number of contracts being advertised by Government

As per NIT

187

reimbursing the same.22 Section -III 32 15.2('c) The liquidated damages

as per clause 15.2 (a) and 15.2 (b) above shall be limited to a maximum of 12%, even in case the DP Extension is given beyond 20 weeks

Recommended to keep cap of LD charges maximum up to 5% of contract value.

AS per NIT

23 Section IV A

36 10 10. Supplied NMS should be integrated with existing FTTH AEMS ( Alphion make). Alphion EMS can be integrated to North Bound interface using the CORBA IDL based on the TMF 814 standards. Alphion will provide the NORTH BOUND interface CORBA IDL API’s whenever the NMS core is ready.

This clause should be dropped. We will offer a product that is open to integration , however integration depends on availability of the Alphion product, whether it is open to integration and what features are to be integrated and support available for integration. Such clauses are open to interpretation and are cause of major issues during project implementation. Effort to integrate cannot be estimated because of lack of details. This will lead to error in bidding.

Refer Amendment No.3

24 Section -IV A

37 19 19. DELIVERY SCHEDULE/PROJECT IMPLEMENTATION PLAN: Under the project, it is expected that the wifi installations and integration will be carried out at about 735 locations covering various types of residential/private premises in New Delhi Areas. Accordingly a project implementation plan as per details below is to be adhered to by the successful bidder

As per Activity -wise PERT Chart for the project following clarification requiried.2- Total number of site as per PERT chart in addition of core is as per Sl No. 6 10 site, Sl. No.7 300 site, Sl No. 8 300 site and Sl.9 125+60 site. Total is 795 site, however as per this clause above PERT Chart total no site specified 735 site.Request to clarify the correct no of sites

Refer Amendemnt No-4

25 Section IV-A

37 19 DELIVERY SCHEDULE/PROJECT IMPLEMENTATION PLAN:the Supply ,Installation and

which as per practical ground work is very difficult to achieve so we request you to kindly extend the deadline for project by 6

As per NIT

188

commissioning including the AT is expected in a duration of 18 weeks from the date of PO

weeks in total of 24 weeks for the entire project."

26 Section -IV A

38 20 Acceptance Testing: - Procedure for Acceptance Testing shall be as per the following

No queries

27 Section IV A

39 21.5 21.5 A quality manual describing the QA system shall be submitted along with the bid, which should include the details about the component quality assurance and quality system practices, including data on critical components.

This needs to be submitted in response with the compliance not as the bid response.

Refer Amendment No-9

28 Section IV A

42 30.1 The Bidder shall indemnify and hold harmless the Purchaser and its employees, agents, shareholders, directors, representatives, against any claims or penalty or consequence arising out of breach of the security related terms of the License as a result of breach or non-compliance by the Bidder with its obligations in this sub-Clause (b) or any separate agreement executed for this purpose.

This clause should be deleted

AS per NIT

29 Section IV A

42 30.1 It is clarified that any expenditure incurred by the Purchaser for complying with security related provisions as prescribed under Applicable Law shall be borne by the Bidder. In the event there is a breach of the security

This clause should be deleted

As per NIT

189

related provisions as prescribed under Applicable Laws, any penalty imposed by the DoT on the Purchaser shall be paid by the Bidder to the Purchaser. Further, any testing of Bidder's equipment including requirement of testing equipment shall be met by Bidder on his own cost.

30 Section IV A

42 30.1 a) The Bidder shall enable the Purchaser to comply with Applicable Laws including but not limited to notifications, circulars etc issued by DoT from time to time.

This should be implements but should be at additional cost

AS per NIT

31 Section -IV B

45 8(III) (iii) Penalty(s) shall be deducted from the quarterly bills. The maximum value of penalty for faults/card repairs, APs, switches etc. shall not exceed depreciated value of equipment in that year, provided reasonable AMC has been carried out. For this purpose rate of depreciation shall be taken @ 10% per annum on straight line principle

Recommended to keep cap of pennalty charges maximum up to 10% of contract value, as reasonable AMC is an open item and the risk associated with it are difficult to estimate

Refer Amendment No-10

32 Section IV-B/ANNEXTURE-1

49 8.4.5 One or more of the Technical Support Center (s) shall also work as repair center(s) and it shall be responsible for repairing the faulty cards/APs/switches units/ PCBs. Such repair Center shall also maintain a requisite minimum stock of such cards/equipment often going faulty, in order to keep the down time

One or more of the Technical Support Center (s) shall also work as repair center(s) and it shall be responsible for repairing or Replacing the faulty cards/APs/switches units/ PCBs.

Refer Amendment No -5

190

within limits as envisaged in this agreement. The BIDDER shall be at liberty to distribute spares to the nodes as deemed fit or keep them at the designated Technical Support Centres.

33 Section IV-B/ANNEXTURE-1

49 8.4.5 One or more of the Technical Support Center (s) shall also work as repair center(s) and it shall be responsible for repairing the faulty cards/APs/switches units/ PCBs. Such repair Center shall also maintain a requisite minimum stock of such cards/equipment often going faulty, in order to keep the down time within limits as envisaged in this agreement. The BIDDER shall be at liberty to distribute spares to the nodes as deemed fit or keep them at the designated Technical Support Centres.

Request to change point 8.4.5 under ANNEXURE-1 To Section-IV B (One or more of the Technical Support Center (s) shall also work as repair center(s)…) TO TSC shall work as remote support and replacement center ) as repairing is not the preferred method for supporting failed components

Refer Amendment No-5

34 Appendix : “A” of Section IVB

56 Appendix A Sec IV B: Details of Technical support Centers

As this project is limited to Delhi region only, we request you not to ask for support locations across India as it is not relevant for this project.

Refer section IV-B Annexture-1 cluase 8.4.5 & 9

35 Section V-A

61 6 Managed Gigabit LAN Switch 8 ports 802.3af

Since asked switches will be used to feed Power and Uplink to respective Access Points hence and few need power more then 15.4 Watt ( 802.3af standard) and for this switch should also support IEEE802.3at standard as well.

refer Amendment No -6

36 Section V-A

61 7 Managed Gigabit LAN Switch 16 ports 802.3af

Since asked switches will be used to feed Power and Uplink to respective Access

refer Amendment No-7

191

Points hence and few need power more then 15.4 Watt ( 802.3af standard) and for this switch should also support IEEE802.3at standard as well.

37 Section V-A

61 Schedule of Requrement-6 & 7

Managed Gigabit LAN Switch 16 ports 802.3af Qty. 150

MTNL has asked for Managed Gigabit LAN Switch with 8 and 16 ports 802.3af in SOR. As the quantity of 16 port switch is small and would be deployed in location where there is requirements for more then 8 AP. There are high chances that in such scenario some of the AP deployment may be farther then 100m or more from switch, hence the POE and normal ethernet may not be possible to use in such cases. It is therefore advised to use all the switches with 8 ports only, such that it shall be possible to cascade the switches. This way 2 switches can be placed in the location such that all the deployed AP's are within 100m from each switch and these 2 such switches can be connected/ cascaded. This would also help MTNL reduce the type of inventory and spare that it needs to maintain.We request MTNL to merge SOR-6 and SOR-7 requirement which would lead to better on field deployemnt.

Refer Amendment No-7

38 Section V-B

65 Schedule of Requrement Spares -3 & 4,.

Spare for Managed Giga bit 8 and 16 port.

Based on the above query these can be merged and single spare inventory can be arrived at.

Refer Amendment No-34

43 Section VI 67 1.3 802.11n" AP should be able to radiate at minimum effective radiated power of 24

24 dbm is too high for deployment in residemtial area , request to make it minimum ,16 dbm, which is

AS per NIT

192

dbm. good for residential purpose.

39 Section VI 67 1.11 AP should be compliant with TEC GR No.TEC/GR/CP/WIFI-002/01/SEP-11 or latest

For any wifi deployments only WPC clearances are applicable and relevant. Support for TEC may not be required

It is requested to remove the specifications

Refer Amendment No -28

40 Section VI 67 1.2 Upto 16 SSID with unique QoS and security policies

Is it 16 SSID per AP device, please clarify ?

AP should have 16 SSID.

41 Section VI 67 1.2 Should support 802.11 a/b/g/n

It is recommended to add “11ac” support to the APs keeping in mind the future

Refer Amendment No.11 and Amendment No.12 Amendment No-13

42 Section VI 67 1.2 NAT and DHCP support NAT feature support is not access point feature and This feature is meant for Router. If we enable this feature in AP. Performance of the AP will decrease and Network should have erratic behavior and performance will decrease.

Refer Amendment No-11

44 Section VI 67 1.3 100 mW (20 dBm) in Spread of 10 MHz , 26 dBm

The max. transmitted power allowed in indoor is 26dBm. As the link budget would be based on the requirement of the location and in order to contain the signal spill over this would need to be managed, this may also require using antenna with low gains. Hence the Max power of transmitter shall read upto 100mW instead of 100mW, and Max EIRP shall read upto 26dBm instead of 26dBm.

AS per NIT

46 Section VI 67 1.2 & 1.3 Should support 802.11 a/b/g/n,

● Dual radio with 2X2:2 multiple-input multiple-output (MIMO).

802.11n with 2x2:2 MIMO specs were notified and standradised in 2009, while the newer specs 802.11ac 3X3:3 MIMO have been notified and standradised in 2013.

Refer Amendment No.11 and Amendment No.12 Amendment No-13

193

● Compliant with GSR 542(E) of WPC , GOI

For indoor use 802.11ac is complete spectrum in 5Ghz band is also allowed in India. Therefore adopting a older technology is not advisable. The pricing for both the technologies are same and will not add any additional financial burden to MTNL. As more and more devices are now compliant to 802.11ac, this would be longer lasting technology then 802.11n, additionally with 3X3:3 MIMO this is more efficient and helps save on the battery of handsets/ devices when compared to 2X2:2 MIMO.

In case there are apprehensions that 802.11ac is expensive or may add to financial burden, then MTNL can ask for same number of indoor Access Point with 802.11ac feature as optional item and consider the same for L1 calculation. However, MTNL can order Access Points with or without 802.11ac at a later stage.

158 Section VI 67 1.2 Should support 802.11 a/b/g/n

Request to change point 1.2 and 2.2 (Should support 802.11 a/b/g/n) under Section-VI and make it as be 802.11 a/b/g/n/ac as 802.11ac is the latest wlan standard and gives highest performance at almost same cost of 802.11n.

Refer Amendment No .11 AmendmentNo12 Amendment No-12

45 Section VI 68 2.1 Certified Outdoor AP should be IP67 compliant

Is it require to deploy access points at locations which are liable to submerge under water? As per our understanding, the access points will be installed on high poles or masts or walls where protection against water immersions are not required. Therefore it is

Refer Amendment No -8

194

requested to reduce the certification compliance from IP67 to IP65.

May be amended as:Certified Outdoor AP should be IP65 compliant

47 Section VI 68 1.9 Should support mesh capabilities for temporary connectivity in areas with no Ethernet cabling

Suggestion that Equivallant feature like WDS with AP shall include in same spec as either and OR. It will give more vendor to come in competetion in tender bid

As per NIT

48 Section VI 68 2.1 Certified Outdoor AP should be IP67 compliant.

Is it required to deploy out door AP at Locations which are liable to be submerged under water? As per I am understanding they will mounted on pole/mast its is requested to reduce certification compliance from IP67 to IP 65

Refer Amendment No-8

49 Section VI 68 2.7 Must support SSH/https login to APs directly for troubleshooting flexibility

We understand, that the remote login would be done through the required login flexibility. Telnet is also one of the feature which is used for the troubleshooting of the proposed prodict. Hence requesting to modify the clause to "Must support SSH/https/telnet login to APs directly for troubleshooting flexibility "

As per NIT

50 Section VI 68 Addition Request

"AP should have a technology for detection, mitigation and identification of non-WiFi Interference"

Since, WiFi works on an unlicensed band, and we can have intereference from many Non-WiFi devices, hence requesting to add the clause "AP should have a technology for detection, mitigation and identification of non-WiFi Interference". This would faciliate the robust solution and also eleminate the downtime from the interference of the Non-WiFi devices ( like microwave ovens, cordless phones etc.)

As per NIT

51 Section VI 68 Addition Request

"Operating temperature should be

We understand Indoor Access Points would be

As per NIT

195

0-45 degrees" for Indoor Access Points

installed in the weathering conditions of Delhi, where the max. temperature is around 40 degrees during the Summer time. Also, majority of the Access points would be located at the top-most houses also, where the temperature is max compared to the lower floors. Hence, an Operating temperature of "0 to 45 degrees" is recommended for the Indoor AP's as well, in order to enable smooth working of the same, and avoid downtime.Hence, requesting to add the clause "Operating temperature should be 0-45 degrees" for Indoor Access Points

52 Section VI 69 2.12 AP should be compliant with TEC GR No.TEC/GR/CP/WIFI-002/01/SEP-11 or latest

For any wifi deployments only WPC clearances are applicable and relevant. Support for TEC may not be required

It is requested to remove the specifications

Refer Amendment NO. 28

53 Section VI 69 2.2 Should support 802.11 a/b/g/n

It is recommended to add “11ac” support to the APs keeping in mind the future.

As per NIT

54 Section VI 69 2.2 NAT and DHCP support NAT feature support is not access point feature and This feature is meant for Router. If we enable this feature in AP. Performance of the AP will decrease and Network should have erratic behavior and performance will decrease.

Refer amendment No-37

55 Section VI 69 2.3 1 W (30 dBm) in Spread of 10 MHz or higher, 4 W (36 dBm)

The max. transmitted power allowed in outdoor is 36dBm. As the link budget would be based on the requirement of the location and in order to contain the signal spill over this would need to be managed, this may also require using antenna with low gains. Hence the Max power of

As per NIT

196

transmitter shall read upto 1W instead of 1W, and Max EIRP shall read upto 36dBm instead of 36dBm.

159 Section VI 69 2.2 Should support 802.11 a/b/g/n

Request to change point 1.2 and 2.2 (Should support 802.11 a/b/g/n) under Section-VI and make it as be 802.11 a/b/g/n/ac as 802.11ac is the latest wlan standard and gives highest performance at almost same cost of 802.11n.

As per NIT

56 Section VI 70 3.1.1 Supplied hardware (Single Box) should be able to manage minimum 5000 access points and concurrent 50,000 wireless clients

Supporting access points on a single box should not be made mandatory. As the tender scope includes an NMS which would provide consolidated management and monitoring of all wireless and wired products, there should be flexibility to support the total access points on multiple hardware instances as long as functionality is being met

May be amended as:"Supplied hardware should be able to manage minimum 5000 access points and concurrent 50,000 wireless clients"

refer Amendment No-14

57 Section VI 70 2.6 Compliant to 802.11e/WMM

Is there any specific requirement for the solution to be mandatory certified by WiFi Alliance complaint. Do we need to submit the certificates for the same? Is this certification needed on AP and WLC both.

As per NIT

58 Section VI 70 2.8 Must support the ability to serve clients and monitor the RF environment concurrently.

As per our understanding, the same AP shall be able to monitor RF as well as serve customer without any impact to services to the customer. Kindly confirm if our understanding is correct.

As per NIT

59 Section VI 70 2.9 Should support mesh capabilities for temporary connectivity

Suggestion that Equivallant feature like WDS with AP shall include in same spec as

As per NIT

197

in areas with no Ethernet cabling

either and OR. It will give more vendor to come in competetion in tender bid

60 Section VI 70 3.1.1 Supplied hardware (Single Box) should be able to manage minimum 5000 access points and concurrent 50,000 wireless clients.

As per our understanding, 5000 APs and 50,000 concurrent users should be supported with a single WLC. Can the same capacity be offered using clustering one or more WLC's?

Refer Amendment No-14

61 Section VI 70 3.1.1 . Supplied hardware (Single Box) should be able to manage minimum 5000 access points and concurrent 50,000 wireless clients

support for 50,000 wireless clients TO support for 30000 clients). The Authentication systems asked if for 7500 users . The requested wireless client change by us is 4 times the authentications system.

Refer Amendment No-14

62 Section VI 70 3.1.1 Supplied hardware (Single Box) should be able to manage minimum 5000 access points and concurrent 50,000 wireless clients.

We suggest to increase the Number of APs supported in a Single Box to 6000 APs, keeping in mind the future scalability of the project. WLC is a core network element and a single point of integration with other elements in the network, ideally this should be a onetime integration and it should support a seamless addition of APs in the future to this WiFi network

Refer Amendment No-14

63 Section VI 70 3.1.3 Should support 512 WLAN’s

As per NIT

64 Section VI 70 3.2.1 2 x 10 G ports (SFP+) ports

Whole network required ports are of 1 Gig So 10 Gig Port is not required. Controller is used for the management purpose and very less bandwidth is required to run this protocol. Our suggestion is that Controller shall have 1 Gig port Only, 10 Gig Port is not required and mekes the solution expensive.

As per NIT

65 Section VI 70 3.2.3 Hardware processing to provide minimum 20 Gbps throughput.

20 Gbps Throughput is not required because controller is used for the management pirpose only. Maximum 4 X 1 Gig Port is sufficient for this application.

Refer Amendment No-15

198

66 Section VI 70 3.2.3 Hardware processing to provide minimum 20 Gbps throughput.

As mentioned in tender 20 Gbps = 20,000 Mbps of controller throughput has been asked and 5000 AP’s support is required, therefore Per AP throughput will be 20,000/5000 = 4 Mbps. In today’s usage pattern, per AP throughput of appx 8-10Mbps is recommended. Therefore we recommend that the controller throughput be increased to 40 Gbps

Refer Amendment No-15

67 Section VI 70 3.2.3 Hardware processing to provide minimum 20 Gbps throughput.

Could you please provide the dimensioning requirement upon which the calculation for 20Gbps per WLC is based. With the purposed architecture provided under section "General specifications " page 70 in the tender, Only control and management traffic would come to Data Centre and WLC. The aggregate throughput required for control and management traffic will not be more than few Mbps. In order to accomodate any further requirements also, any throughptu requiremnts on WLC would not be more then 4-5 Gbps. The current WLC throughput requirement is vendor specific. We request MTNL to change the througput requirement from 20 Gbps to 10 Gbps.

Refer Amendment NO-15

68 Section VI 70 3.3.1 Wireless controller should work in 1+1 mode with auto synchronization (Hot standby). Should also support N+1 redundancy models

Request to add Redundancy across datacenters in point no 3.3.1, Section-VI (Wireless controller should work in 1+1 mode with auto synchronization (Hot standby). Should also support N+1 redundancy models ) ACROSS two datacenters

As per NIT

69 Section VI 70 3.3.2. Wireless controller Please elaborate the Refer

199

should support state-full switchover for all Access Points to the standby wireless controller

meaning of State-full switchover.

Amendment No-27

70 Section VI 70 3.3.3. Should have redundant power supplies , redundant fans

Two controller is used in highavailability and 100 percent redundancy can be achieved in this solution. So no need to put extra power supply. Suggestion shall be removed.

AS per NIT

71 Section VI 70 3.3.4 Multiple link aggregation (LAG)/ VRRP support to protect against link failures while maintaining the optimal network connectivity.

In case of failure of WLC, VRRP takes approx. 3 seconds to converge. While the delay sensitive traffic may need convergence time of sub-second. This may lead to drop of existing user sessions. A sub-second switchover will ensure no session loss and seemless failover of WLC and a better user experience.

What is the minimum switching time that MTNL would like to have, whether a time greater then a second is acceptable where any time sensitive application may drop, or a sub-second failover time is mandatory?

Therefore, We request MTNL to change the clause as per following:Multiple link aggregation (LAG)/ VRRP or equivalent feature support to protect against link failures within sub-second of time while maintaining the optimal network connectivity.

Refer Amendment No-16

72 Section VI 70 3.3.4. Multiple link aggregation (LAG)/ VRRP support to protect against link failures while maintaining the optimal network connectivity.

LACP and VRRP is for redundancy Purpose and mainly used in Switches and Router.

Refer Amendment No-16

73 Section VI 70 Addition AP should have a Since, WiFi works on an As per NIT

200

Request technology for detection, mitigation and identification of non-WiFi Interference

unlicensed band, and we can have intereference from many Non-WiFi devices, hence requesting to add the clause "AP should have a technology for detection, mitigation and identification of non-WiFi Interference". This would faciliate the robust solution and also eleminate the downtime from the interference of the Non-WiFi devices ( like microwave ovens, cordless phones etc.)

77 Sectiion VI 71 3.7.2 Should provide network services like DHCP, FTP, AAA etc.

Request to modify point no 3.7.2, Section-VI (Should provide network services like DHCP, FTP, AAA etc.) TO (Should provide network services like DHCP, FTP/TFTP, AAA etc

Refer Amendment No.17

74 Section VI 71 3.12.3 RFC 5415 CAPWAP Protocol Specification in case CAPWAP is used.RFC 5416 CAPWAP Binding for 802.11 in case CAPWAP is used.

CAPWAP is a protocol that enables a controller to manage wireless access points. It may be made optional in case distributed architecture is proposed.

May be amended as:"RFC 5415 CAPWAP Protocol Specification in case CAPWAP is used, if applicable.RFC 5416 CAPWAP Binding for 802.11 in case CAPWAP is used, if applicable."

As per NIT

75 Section VI 71 3.12.4 and 3.12.5

Security standards and Encryption standards

Security and encryption as a functionality are offloded on access points. It may be made optional in case distributed architecture is proposed.

May be amended as:"Security standards, if applicable.Encryption standards, if applicable."

As per NIT

76 Section VI 71 3.6.2 Automatically adjust channel and power settings based of RF

Request point no 3.6.2 under Section-VI. Please add “power settings should be

As per NIT

201

environment adjusted in increments of 0.5 dBm/1 dBm

78 Section VI 71 3.7.2. Should provide network services like DHCP, FTP, AAA etc.

Is it mandatory to have a inbuilt AAA in WLC, however due to an standard radius funtionality, an out-of -box AAA solution should also be accepted ?

Refer Amendemnt NO.17

79 Section VI 71 3.7.4 Should have reporting, monitoring, traffic analysis, and troubleshooting tools for wireless network

We understand that the Solution should be able to suffice the requirement. Hence, requesting to modify the clause to "Solution should have reporting, monitoring, traffic analysis, and troubleshooting tools for wireless network"

Amendment No-41

80 Section VI 71 3.7.4 Should have reporting, monitoring, traffic analysis, and troubleshooting tools for wireless network

Traffic analysis on WLC - As per our understanding, WLC need to detect L4 traffic, L7, P2P protocol and application traffic.Kindly confirm if our understanding is correct.

As Per NIT

81 Section VI 71 3.7.6 Tracks the location, roaming history, virtual private group, network addresses, state, activity, errors, usage and other attributes by user name, session, VLAN, or user group

There are certain OEM oriented terminology used in the ask. Hence, requesting to modify the clause to " Tracks the location, roaming history, network addresses, state, activity, errors, usage and other attributes" in order to enable majority of OEMs to qualify

Refer Amendment No-18

82 Section VI 71 3.7.6. Tracks the location, roaming history, virtual private group, network addresses, state, activity, errors, usage and other attributes by user name, session, VLAN, or user group

Total network is of IP network and Session Monitoring shall be IP based not with User based network.

Refer Amendment No-18

83 Section VI 71 3.7.7 Improve downlink performance to all mobile devices, including one and two-spatial-stream devices on 802.11n

Since the mobile devices can not be controlled thru the proposed solution, hence requesting to modify the clause to "The solution should be able to provide Airtime Fairness or other equivalent feature ", since airtime fairness gives equal amounts of air time to each

Refer Amendment NO-19

202

client regardless of its theoretical data rate. This will ensure higher download speed to latest devices when slower devices are connected to the same AP, which is a unified proposition across all the leading OEMs

84 Section VI 71 3.7.8. Should be able to provide proactive, high-speed spectrum intelligence to combat performance problems due to wireless interference

Spectrum intelligence with controllers are not fully equipped and also can not be traced so need proffessional spectrum analyser. This feature has no use in controller . Suggestion shall be removed.

As per NIT

85 Section VI 71 3.8.7 "Must be compliant with IEEE CAPWAP or LWAPP or equivalent for controller based WLAN’s and should provide CAPWAP or LWAPP or equivalent compliant , DTLS/AES/SSL encryption to make sure of encryption between access points and controllers or between controllers."

Various OEM's follow various encryptions technologies to make sure the encryption between access points and controller or between controllers remains intact. Hence, requesting to modify the clause to "Must be compliant with IEEE CAPWAP or LWAPP or equivalent for controller based WLAN’s and should provide CAPWAP or LWAPP or equivalent compliant , DTLS/AES/SSL/IPSEC or equivalent encryption to make sure of encryption between access points and controllers or between controllers."

Refer Amendment No-20

86 Section VI 71 3.8.8.3. Man-in-the-middle attacks

Man in middle attack is having so many different type of attack and can be manged by only a goos secure firewall and policy. This feature is not required in controller so shall be remove.

Amendemnt No-39

87 Section VI 71 3.8.8.4. Session Hijack Session Hijack attack is having so many different type of attack and can be manged by only a goos secure firewall and policy. This feature is not required

Amendment No-38

203

in controller so shall be remove.

88 Section VI 72 3.10.4. Should have technology to provide line-rate performance

Please eloborate what does line rate means ?

As per NIT

89 Section VI 72 3.10.5 Should support over the air, wireless packet capture for export to tools like wireshark etc

This feature require more proffesional tools to analyze and no need in Access controller.

As per NIT

90 Section VI 72 3.11.4. Faster radio resource management (RRM) updates for uninterrupted network access when roaming

What is the parameter of a "faster" RRM? Please clarify

As per NIT

91 Section VI 72 3.12.4 IEEE 802.11i(WPA2,RSN),RFC 1321 MD5 Message-Digest Algorithm, RFC 1851 The ESP triple DES Transform,RFC 2104 HMAC:Keyed Hashing for Message Authentication,RFC 2246 TLS Protocol Version 1.0 ,RFC 2401 Security Architecture for the Internet Protocol , RFC 2451 ESP CBC-Mode Cipher Algorithms , RFC 3280 Internet X.509 PKI Certificate and CRL Profile , RFC 4347 Datagram Transport Layer Security(in case CAPWAP is used) ,RFC 4346 TLS Protocol Version 1.1 (in case CAPWAP is used). The OEM/Bidder to use any combination of the above security standards in the proposed Wi-Fi network to set up highly secure Wi-Fi network.

recommeced all the feature set like X.509 and CRL profile can be taken care by Firewall. No use of these security features in controller.

As per NIT

91 Section VI 72 4.11.2. Flexible authentication, authorization, and accounting (AAA) services allow for local, RADIUS, TACACS, and

This feature should be a part of WLC and not for NMS solution.

Refer Amendment No-40

204

single sign-on options.93 Section VI 73 3.13 3.13.1. Operating

temperature 23 to 113° F (-5 to 45° C)3.13.2. Relative humidity 5 to 95% (non-condensing)

WLC needs to be hosted in Data centre, so the operating temperature and humidity ranges shall be as per data centre. The ranges as per Data centre shall be:3.13.1. Operating temperature (10 to 35° C)3.13.2. Relative humidity 20 to 80% (non-condensing)

Refer Amendment No.21

94 Section VI 73 3.13.1 Operating temperature 23 to 113° F (-5 to 45° C)

Various OEM's have various operating temperature. Hence, requesting to please modify the clause to "3.13.1. Operating temperature 0 to 45° C" in order to allow major OEMs to propose the solution.

Refer Amendment No.21

95 Section VI 73 4.6.1.4 It should be integrated with existing FTTH AEMS (Alphion Make). Alphion EMS can be integrated to North Bound Interface using the CORBA IDL based on the TMF 814 standards. Alphion will provide the North Bound Interface CORBA IDL API’s whenever the NMS core is ready

The eAPI of all the leading NMS are a a representational state transfer (RESTful) implementation of Web services and uses a SOAP/XML interface. At the heart of the eAPIs is a data abstraction layer that is leveraged by the eAPIs to cohesively manage a mixed network environment. The REST-style Web services enable third-party developers to create applications that interface and leverage the NMS services. The eAPIs also enable integration of virtual machine edge profile administration and control. RESTful eAPIs enable external access to other Networks functions from cloud and network orchestration frameworks. They allow network and enterprise IT administrators to programmatically access, configure, provision, and manage connection resources in conjunction with virtual

Refer Amendment No-3

205

machine operations. In sync to the requirement framed, We understand that the CORBA API is from a legacy system for the integration with the proposed NMS. All the NMS presently, understand the North Bound Interface over RESTful API's. The existing NMS can be integrated to the North Bound Interface of the provided NMS over the same. Hence, requesting to modify the clause accordingly, or remove the clause.

96 Section VI 74 4.14.2 North Bound Interface using the CORBA IDL based on the TMF 814 standards.

Refer Amendment No-29

97 Section VI 75 4.17.1. O&M user authentication should be supported through RADIUS/ TACACS server and operator should be able to define the roles and profiles of the users.

This funtionality should be a part of LDAP or any other user database.

Refer Amendemnt No-22

98 Section VI 76 4.14.1 ,4.14.2

4.14.1 Management system shall support SOAP/CORBA/HTTPS Northbound OSS interface.4.14.2 North Bound Interface using the CORBA IDL based on the TMF 814 standards.

1. Please delete clause 4.14.2 as this is covered in 4.14.1. And add /snmp in 4.14.1.

Refer Amendment No-29

99 Section VI 76 5.1.4 Procedure shall be followed for provisioning of service for a Wi-Fi user

Is it acceptable to provide a web based authentication method integrated with SMS gateway as means of authentication instead of the current dialer software?

Refer Amendment No-23

100 Section VI 77 5.1.4.1. For entering the network, users will install the dialer software (using the CD Or an additional Guest-SSID to connect and download the dialer from the subscriber

Unlike DSL, WiFi solution does not require any dialer. Solution has to be a clientless solution which works on Captive Portal basis. This would also be secuirty risk as storing password on any application

Refer Amendement No-23

206

portal)given to admin. The software registers itself with single click to the client laptop/PC and requests for the username and password.

is not advisable.

Users as soon as they latch on to MTNL SSID and open browser to surf internet get re-directed to the CAPTIVE PORTAL. On CAPTIVE PORTAL if it is an existing user then he can enter the username and password and proceed. If user is a new user he can click on the Registration Link and perform Registration using either voucher or online Credit / Debit card payment. Moreover having dialer for mobile devices with different OS's and GUI would be difficult and very high in upfront costs as well as operational costs.

101 Section VI 77 5.1.4.3. SMS gateway communicates with centralized server and the server generates Wi-Fi Dialer username & password, and adds the user in its user database. For Wi-Fi usersthe authentication system shall link the user ID and password of the user with his/her mobile number. For WiFi subscribers, the userIDs and Passwords of various users (child passwords) with the main userID and Password (Parent Password).

The dialer shall be omitted. Refer Amendement No-23

102 Section VI 77 5.1.4.4. Wi-Fi Dialer shall be smart enough to create profile automatically based on the WPA/WPA2 preferences configured for the access points. E.g. suppose access point isconfigured

The dialer shall be omitted. Refr Amendement No-23

207

based on TTLS/MS-CHAP2 protocol then Wi-Fi Dialer will automatically communicate and create profile accordingly. It shall handle the complex technical details automatically and provide a simplified interface to the user. User remains liable for specifying the user credentials only.

103 Section VI 77 5.1.4.5. Subscriber enters the Wi-Fi Dialer username & password received from the SMS gateway in the Wi-Fi Dialer.

The dialer shall be omitted. Refer Amendment No-23

104 Section VI 77 5.2.8 Accounting and billing features

What is the current accounting and billing application being used, if any? Is there any integration with exisiting billing or a new system has to be provisioned?

The existing billing system are (a) elite -core (b)portal system. Integration is required.

105 Section VI 78 5.2.10.17

It shall provide the functionality of authentication against credentials stored in text file, LDAP database, SQL Database, RDBMS and any ODBC/JDBC-compliant database. No table or schema redesign should be necessary. Authentication shall be possible against one or more multi-vendor databases. It shall also be possible to run any LDAP filter or SQL query specified, for flexibility in retrieving the information.

What is the current database running which is required to be integrated? Are all the mentioned databases currently running in the current setup? Is there any flexibility in porting some databases to standard databases like Microsoft AD or Novel eDirectory or Sun Java System Directory Server feasible to meet the requirements instead of supporting all the gammot of databases?

Oracle

106 Section VI 78 5.2.6.4 Generation of report of usage and accounting,

As the traffic is getting routed locally, Accounting or

As per NIT

208

real time usage of USER as per the location.

usage reporting is to be handled at the ONT level. Kindly delete this clause from WiFi solution.

107 Section VI 78 5.2.6.5 Access Control List for different accounting and report related activities

As the traffic is getting routed locally, Accounting or usage reporting is to be handled at the ONT level. Kindly delete this clause from WiFi solution.

As per NIT

108 Section VI 78 5.2.6.6 Management of different Packages.

In case packages are managed, they cannot be enforced as the traffic is getting routed locally and no enforcement point is available in solution, this needs to be managed at the ONT/BBRAS level. Kindly delete this clause from WiFi solution.

As per NIT

109 Section VI 78 5.2.8 Accounting and Billing features: The system shall support the following features:

5.2.8.1. Creation of various packages 5.2.8.2. Real time accounting of the usage5.2.8.3. Location wise usage and billing detail

As the traffic is getting routed locally, no accounting and billing enforcement is possible.Kindly delete this clause from WiFi solution.

As per NIT

110 Section VI 78 5.2.8. Accounting and Billing features:

Generally AAA funtionality is to create the accounting information for the user session and generate the raw CDR. The billing and mediating system responsibility to fecth the CDR from AAA and then generate the customized billing for a respective user. Hence, does MTNL is also looking for a billing/mediating system from bidder along with AAA solution ? Please clarify.

As per NIT

111 Section VI 80 5.2.10.37.

4. It shall be easy to use for the end user

As per the industry trend and deployments happening this type of classic WiFi solution does not require any dialer. Solution has to be a clientless solution

Refer Amendment No-24

209

which works on Captive Portal basis.

112 Section VI 80 5.2.10.37.

9. It should have GUI based diagnostic tool like ping etc for troubleshooting WiFi connection

As per the industry trend and deployments happening this type of classic WiFi solution does not require any dialer. Solution has to be a clientless solution which works on Captive Portal basis.

Refer Amendment No-24

113 Section VI 80 5.2.10.37.

1. The dialer shall be used by the client/user to put in login and password/PIN information. It shall have following features:

As per the industry trend and deployments happening this type of classic WiFi solution does not require any dialer. Solution has to be a clientless solution which works on Captive Portal basis.

Refer Amendment No-24

114 Section VI 80 5.2.10.37.

2. It shall be able to do all the configurations required to enable WPA/WPA2 Protocol in client machine without manual intervention

As per the industry trend and deployments happening this type of classic WiFi solution does not require any dialer. Solution has to be a clientless solution which works on Captive Portal basis.

Refer Amendment No-24

115 Section VI 80 5.2.10.37.

3. It shall support all the WPA/WPA2 compliant WiFi hotspot access points currently available as well as configurable to support new WiFi hotspot access points fr

As per the industry trend and deployments happening this type of classic WiFi solution does not require any dialer. Solution has to be a clientless solution which works on Captive Portal basis.

Refer Amendment No-24

116 Section VI 80 5.2.10.37.

5. It shall have simple & User friendly interface. It shall be easy to install & use. The end user required not configure anything else, except Login details

As per the industry trend and deployments happening this type of classic WiFi solution does not require any dialer. Solution has to be a clientless solution which works on Captive Portal basis.

Refer Amendment No-24

117 Section VI 80 5.2.10.37.

6. It shall be able to run behind NAT or on private IP.

As per the industry trend and deployments happening this type of classic WiFi solution does not require any dialer. Solution has to be a clientless solution which works on Captive Portal basis.

Refer Amendment No-24

118 Section VI 80 5.2.10.37.

7. It should be deployable in Windows

As per the industry trend and deployments happening

Refer Amendment

210

7,Windows 8,(or later versions), Mac, Android, IOS etc. operating systems

this type of classic WiFi solution does not require any dialer. Solution has to be a clientless solution which works on Captive Portal basis.

No-24

119 Section VI 80 5.2.10.37.

8. It should have support of having custom images like logo and company information etc.

As per the industry trend and deployments happening this type of classic WiFi solution does not require any dialer. Solution has to be a clientless solution which works on Captive Portal basis.

Refer Amendment No-24

120 Section VI 80 5.2.10.37.

10. The dialer shall support automatic upgrades.

As per the industry trend and deployments happening this type of classic WiFi solution does not require any dialer. Solution has to be a clientless solution which works on Captive Portal basis.

Refer Amendment No-24

121 Section VI 80 5.2.10.37.

WPA/WPA2 Application Dialer

The dialer shall be omitted. Refr Amendment No-24

122 Section VI 81 5.3 5.3. Lawful Interception Reports

5.3.1. System shall support all usage tracking which can be formatted into comprehensive reports for security audits to enable service providers to comply with tracking, lawful interception and legal requirements for Public WiFi 5.3.2. It shall be able to provide custom reports so as to be able to generate reports as and when required by security agencies.5.3.3. The administrator should be able to trace session details based on the IP address and time interval for

Only audits, records and reports based on the subscriber authetication shall be possible. Length of session, sites accessed cannot be provided. Any IP correlation would be limited to start of the session, as end of the session may not be avbl, this can not be provided. Tracing of session is not possible as the traffic is locally routed. Kindly delete this clause from WiFi solution.

As per NIT

211

identification of malicious activities

123 Section VI 83 6.3 , 6.15 Ports The specifications mentioned in the referred items are contradictory. Is it required to provision a 8 x 10/100 base-T switch or 8 x 10/100/1000 Base-T switch?

Refer Amendment No-25

124 Section VI 83 7.3 ,&7.15

Ports The specifications mentioned in the referred items are contradictory. Is it required to provision a 16 x 10/100 base-T switch or 16 x 10/100/1000 Base-T switch?

Refer Amendment No-26

125 Section VI 83 6.3 8-port 10/100(PoE+) + 2 x combo Gigabit SFP

Requested to change this to 10/100/1000(Gig) as 802.11n/ac AP provide more bandwidth than 100Mbps

Refer Amendment No-25

126 Section VI 83 6.3 Ports : 8-port 10/100(PoE+) + 2 x combo Gigabit SFP

Since MTNL has asked 802.11n ( 300Mbps throghput) access point and asked switches will provide Power and Uplink to respective Access Points hence, All POE and Uplink port should be minimum of 1000 Mbps or more.

Refer Amendment No-25

127 Section VI 83 6.3 Ports - 8-port 10/100(PoE+) + 2 x combo Gigabit SFP

We understand that the requirement is for a Gigabit Ethernet Switch, as mentioned in the SOR (Managed Gigabit LAN Switch) and the connectivity Interfaces detailing as well (10Base-T/100Base TX/1000 Base T - RJ-45 - PoE+ ). Also, as per the industry standard, 24 Ports are the recommended switches port configuration. Hence, requesting to please modify the clause to "Ports - 24-port 10/100/1000(PoE+) + 2 x combo Gigabit SFP". Also, Gigabit is the default interface in each and every networking device, which is backward compatible to 100Mbps ports in case required. This, not only provides future ready port but also does the

Refer Amendment No-25

212

investment saving towards the project.

128 Section VI 83 7.3 Ports - 16-port 10/100(PoE+) + 2 x combo Gigabit SFP

We understand that the requirement is for a Gigabit Ethernet Switch, as mentioned in the SOR (Managed Gigabit LAN Switch) and the connectivity Interfaces detailing as well (8 X 10Base-T/100Base TX/1000 Base T - RJ-45 - PoE+ ). Hence, requesting to please modify the clause to "Ports - 8-port 10/100/1000(PoE+) + 2 x combo Gigabit SFP". Also, Gigabit is the default interface in each and every networking device, which is backward compatible to 100Mbps ports in case required. This, not only provides future ready port but also does the investment saving towards the project.

Refer Amendment No-26

129 Section VI 83 6.4 6.4. Power Over Ethernet (PoE) POE +

In our view, MTNL should difine POE budget of each switch, and ideally it should be 15.4x8= 123 Watt or more.

Amendment No-31

130 Section VI 83 6.4 POE+ Request to modify this point from POE support to POE/POE+ as some AP need more power

Amendment No-31

131 Section VI 83 6.4 Power Over Ethernet (PoE) POE +

We understand that all the 24 ports of PoE+ Switch provided should be capable of providing the PoE power for termination of the Access Points. Hence, requesting to please change the clause to "PoE+ Switch with 370 Watts of Power" to ensure all the Ports are capable of delivering the Power for the Access Points.

Amendment No-31

132 Section VI 83 6.5 Switching capacity : 5.6 Gbps Half-Duplex

For 8 Port Giga bit switch, switching capcity should be - 20 Gbps [{2x(8x1000)}+{2x(2x1000)}]= 20,000 Mbps

As per NIT

213

133 Section VI 83 6.5 Switching Capacity:5.6 Gbps Half Duplex.

MTNL has asked for the following interfaces:8 x 10/100/1000 Mbps = 8 Gbps Switching capacity2 X combo uplink interfaces = 2 Gbps Switching capacityTotal Switching capacity = 8 +2 = 10 GbpsThus the cummulative switching capacity of these interfaces is 10 Gbps full duplex, while the requested switching capacity is 5.6 Gbps half duplex, mean effective 2.8Gbps. We request MTNL to change the switching capacity from 5.6 Gbps Half Duplex to 10 Gbps Full Duplex.

As per NIT

134 Section VI 83 6.6 Forwarding Performance:4.17 Mpps.

Based on the requirements in clause 6.5, the forwarding performamnce @64Byte packet size required would be 14.88Mpps for 10 Gbps and 4.17 Mpps for 5.6Gbps half duplex. We request MTNL to change the forwarding performance from 4.17 Mpps to 14.88 Mpps.

As per NIT

135 Section VI 83 6.6 Forwarding performance (64 Byte Packet size) : 4.17 Mpps

Requested switch shall be 8 Port Gigabit switch and its Forwarding rate shall be as per given farmula. (8x1.488 Mpps=11.9 MPPS)

As per NIT

136 Section VI 83 6.9 Remote Management Protocol SNMP,HTTP,HTTPS,SSH,CLI

Majority of the remote management happens thru a Centralized Network Management Software over SNMP, which can provide a HTTP or HTTPS access to the device or the CLI Access to the device. Hence requesting to please modify the clause to "Remote Management Protocol SNMP, HTTP, HTTPS, CLI"

As per NIT

137 Section VI 83 7.3 16-port 10/100(PoE+) + 2 x combo Gigabit SFP

Requested to change this to 10/100/1000(Gig) as 802.11n/ac AP provide more bandwidth than 100Mbps

Refer Amendment No-26

138 Section VI 83 7.3 Ports : 16-port Since MTNL has asked Refer

214

10/100(PoE+) + 2 x combo Gigabit SFP

802.11n ( 300Mbps throghput) access point and asked switches will provide Power and Uplink to respective Access Points hence, All POE and Uplink port should be minimum of 1000 Mbps or more.

Amendment No-26

139 Section VI 83 7.4 Power Over Ethernet (PoE) POE +

In our view, MTNL should difine POE budget of each switch, and ideally it should be 15.4x16= 246 Watt or more.

Refer Amendment No-31

140 Section VI 83 7.4 POE+ Request to modify this point from POE support to POE/POE+ as some AP need more power

Refer Amendment No-31

141 Section VI 83 7.5 Switching capacity : 5.6 Gbps Half-Duplex

For 8 Port Giga bit switch, switching capcity should be - 20 Gbps [{2x(16x1000)}+{2x(2x1000)}]= 36,000 Mbps

As per NIT

142 Section VI 83 7.6 Forwarding performance (64 Byte Packet size) : 4.17 Mpps

Requested switch shall be 8 Port Gigabit switch and its Forwarding rate shall be as per given farmula. (16x1.488 Mpps=23.9 MPPS)

As per NIT

143 Section VI 83 6.10 Authentication Method - Secure Shell (SSH), RADIUS, TACACS

Since Radius and TACACS both the protocols are used for authentication, hence requesting to modify the clause. Also, ssh is a feature which is recommended to be configured on the first networking device in the system, which is probably a router. Users logging to the network are always authenticated over a 802.1x protocol. Hence requesting to modify the existing clause to "Authentication Method - 802.1x/RADIUS/TACACS".

Refer Amendment No-42

144 Section VI 83 6.11. Features: Layer 2 switching, DHCP support, VLAN support, IGMP snooping, syslog support, DoS attack prevention, port mirroring, broadcast storm control, IPv6 support, multicast

On the switches, Attackers can attack the network with man-in-the-middle type of attack such as MAC, IP, and ARP spoofing and can deny legitimate user access. As per ourunderstanding MTNL wants to protect the network from these type of

As per NIT

215

storm control, unicast storm control, firmware upgradable, Spanning Tree Protocol (STP) support, Trivial File Transfer Protocol (TFTP) support, access control list (ACL) support, quality of service (QoS), jumbo frames support.

DoS attacks. Kindly confirm if our understanding is correct.

The switch asked should support DoS attack prevention, Kindly confirm if the switch should also comply to international security standard like EAL4 or NDPP 1.1

145 Section VI 83 6.3. & 6.15

Expansion / Connectivity Interfaces8 x 10Base-T/100Base TX/1000 Base T - RJ-45 - PoE+ ¦ 1 x console - 9 pin D-Sub (DB-9)/RJ-45/USB management ¦ 2 x 10Base-T/100Base-TX/1000Base-T - RJ-45 / SFP (combo)

Clause 6.3 and 6.15 are contradictory as in 6.3 1000 Base T is not asked. As per understanding, the switch should have 8 x 10/100/1000 Base T PoE+ interface and 2 x 10Base-T/100Base-TX/1000Base-T - RJ-45 / SFP (combo) interfaces. Please confirm if this understanding is correct.

Refer Amendment No-25

146 Section -II 19 & 20

37 a. MTNL will have the right to increase or decrease up to 25% of the value 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. b. In exceptional situation where the requirement is of an emergent nature and it is necessary to ensure continued supplies from the existing vendors, the purchaser reserves the right to place repeat order up to 50% of the value of goods and services contained in the running Tender/contract within a period of twelve months from the date

As these products are imported items, any fluctuation in exchange rate affects the price of the offered product. We will request that any fluctuation in foreign exchange beyond 5% from the date of opening of bid shall be in purchaser account for ordering the equipment beyond the initial ordered material. This will help us in quoting competitive prices for the product. Recommended ammendment accordingly.

As per NIT

216

of commissioning/commercialization of the project (date of acceptance of APO of the items procured in case where no installation, commissioning is involved) at the same rate or a rate negotiated(downwardly) with the existing vendors considering the reasonability of rates based on prevailing market conditions and the impact of reduction in duties and taxes etc.

c. Further if required, an additional order for 50% of the value of the goods & services limited to100% of the value of goods and services contained in the running tender/contract may be placed within a period of twelve months from the date of commissioning/ commercialization of the project (date of acceptance of APO of the items procured in case where no installation, commissioning is involved) on the existing vendors at the same rate or a rate negotiated.

147 Section III 26 & 27

10 In Table stage 1. payment for Delivery of goods in satisfactory condition and handing over of spare parts is 50 %

payment for Hardware ,active aliment and passive need to increse by 70 % on delivay of goods .

As per NIT

148 Section IV-A & VI

36 & 73

10 &4.6.1.4

Supplied NMS should be integrated with

(Alphion EMS can be integrated to North Bound

refer Amenedme

217

existing FTTH AEMS ( Alphion make). Alphion EMS can be integrated to North Bound interface using the CORBA IDL based on the TMF 814 standards. Alphion will provide the NORTH BOUND interface CORBA IDL API’s whenever the NMS core is ready

interface using the CORBA IDL based on the TMF 814 standards.) to be modified to Northbound/Southband interface using https/Corba/Soap/snmp as mentioned in 4.14.1 Section-VI

nt-3

149 Section VI 67 & 69

1.2 & 2.2 MTNL is requesting for either standalone or centrally managed Indoor AP.

Please note that carrier grade wireless access points (WAPs) are always deployed in centrally managed environment for full FCAPS functionality. Hence, we request you to remove standalone mode for operation for Indoor access points. In addition, Standalone mode APs deployment defeats the purpose of having a highly scalable wireless access controllers and central NMS as envisaged by MTNL for this tender.

As per NIT

150 Section VI 67 & 69

1.2 &, 2.2

NAT and DHCP support As per our understanding the NAT would be carried on the ONT router if the traffic is locally offloaded. In case of traffic is routed thru WLC, then the NATting would happen on the WLC. So the support for NATing would be available for traffic at AP using WLC, is that understanding correct?

Refer Amrndment No-11 & Amendment No-37

151 Section VI 67& 69

1.2 & 2.2 MTNL is requesting for “upto 50 clients per station”

This clause is a very diluted specification and allows consumer/enterprise grade wireless access point to be considered for in the technical evaluation. Hence, we request MTNL to increase the no of clients per station to “minimum of 200 clients per station”

As per NIT

152 Section VI 67,6 1.2, 1.3, MTNL is requesting for World over carrier wifi Refer

218

9 &72

2.2, 2.3 & 3.12.1

only “802.11 a/b/g/n” technology has already embraced 802.11ac technology in large scale. In addition, most of the OEMs are in the process of discontinuing 802.11n products very soon in next 9-12 months. If only 802.11n AP is considered for deployment MTNL network would become obsolete very soon.Also, considering that most of the lawmaker’s homes have high footfalls with large public interaction at their premises, it would be appropriate to deploy 802.11ac as against 802.11n to high concurrent subscriber with high throughputs. Hence, we propose that MTNL shall consider only 802.11ac product which are backward compatible to 802.11a/b/g/n.

Amendment No .11 Amendment No-12 Amendment No-13

153 Section VI 68 & 69

1.2 &, 2.3

Must support load balancing / admission control (when working with WLAN controller)

As per our understanding on load balancing and admission control, the AP shall support proactive and automatic band steering for 5GHz capable clients in order to free capacity from 2.4GHz band for non 5GHZ capable clients, is this the requirement?

As per NIT

154 Section VI 68 & 70

1.8 &2.8 Must support the ability to serve clients and monitor the RF environment concurrently.

Request to additional clarification to point no 1.8 and 2.8, Section-VI. The performance of AP is affected by interference from self network AP’s, AP’s from other OEM’s installed nearby or same place and from non-WiFi interefering sources in same energy band. The access-point and NMS together should be able to identify and report all such RF incidents

As per NIT

155 Section VI 68 1.5 & 2.5 Supports rogue access Is management frame As per NIT

219

&70 point detection and detection of denial-of-service attacks

protection protection mandatory required to contain the Rogue access point?

156 Section VI/Section-IX ANNEXTURE-8

71 & 134

3.8.8.4 Session Hijack This is an OEM oriented terminology, hence requesting to please modify the clause to "Session Hijack or Equivalent "

Amendment No-38

157 Section VI 73 & 91

4.6.1,4.6.1.4 &16

Cl4.6.1/Cl 4.6.1.4/Cl16 are extremely onerous and highly impractical for a project of this magnitude and contradictory to Cl4.1.

Hence, we strongly recommend to remove Cl4.6.1/Cl 4.6.1.4/Cl16. Having clause gives undue advantage to only one global major thus not giving equal opportunity for the others.

Refer Amendment No-3 Rest As per NIT

162 General General

General If a the final survey report could be shared according to which the BOQ has been finalised it would of great help to the bidders to analyse and quote their best

bidders may condut their survey if required before submitting their Bid.

164 General General

General Switches are required to be all 10/100 ore 10/100/1000 there are some specifications which are conflicting mentioned in the tender

Refer Amendment No-25 and Amendment No-26

161 General

Addition Request

Addition Request Request to add " WiFi solution and switching solution should be from same OEM", which insures completeness of the solution and seamless integration of the proposed solution as well.

As per NIT

163 General

General Request Clarification Certain features asked in the RFP under certain products can only be provided thru the integrated solution proposed. Hence, we understand that the same can be adhered to from the bundled solution which would be provided from the Respective OEM's.

Queries is not specific.

ANNEXURE-B AMENDMENT

220

AmendmentsFor

T.E No.: MTNL/DEL/EB/Wi-Fi/2014-15/10NO.1 (Section-II clause-3(o))

Original clause: “SI” System Integrator is a company that specializes in bringing together component subsystems into a whole and ensuring that those subsystems function together.

Modified : “SI” System Integrator (The company may be Indian registered company or Indian subsidiary of foreign company)  is a company that specializes in bringing together component subsystems into a whole and ensuring that those subsystems function together.

No.2 (Section-II clause-4.3(b))Original clause : In case of SI, bidder should have 2 years’ experience of Installation, Testing and

Commissioning of at least 250 Access Points along with centralized core network (WLC,AAA,NMS etc) in India and the Wi-Fi OEM whose equipment is being offered should have supplied at least 1250 APs along with core network anywhere in India or Globally. The experience shall be counted from the date of opening of tender.

Modified : In case of SI, bidder should have 2 years’ experience of Installation, Testing and Commissioning of at least 100 Access Points in India or Globally and the Wi-Fi OEM whose equipment is being offered should have supplied at least 1250 APs along with core network anywhere in India or Globally. The experience shall be counted from the date of opening of tender

No.3 (Section IV-A Clause 10, SectionV-A clause-31, Section VI clause-4.6.1.4 and clause16)Original clause : Supplied NMS should be integrated with existing FTTH AEMS ( Alphion make). Alphion

EMS can be integrated to North Bound interface using the CORBA IDL based on the TMF 814 standards. Alphion will provide the NORTH BOUND interface CORBA IDL API’s whenever the NMS core is ready.

Modification :Deleted.

No.4(Section IV-A ClauseNo.19 column-1 Row-9)Original clause: Execution with integration (Remaining sites approx. 125+60).Modification : Execution with integration (Remaining sites approx. 125).NO.5( Section IV-B/ANNEXTURE-1 clause8.4.5)Original clause: One or more of the Technical Support Center (s) shall also work as repair center(s)

and it shall be responsible for repairing the faulty cards/APs/switches units/ PCBs. Such repair Center shall also maintain a requisite minimum stock of such

cards/equipment often going faulty, in order to keep the down time within limits as envisaged in this agreement. The BIDDER shall be at liberty to distribute spares to the nodes as deemed fit or keep them at the designated Technical Support Centres.

Modification: One or more of the Technical Support Center (s) shall also work as repair center(s) and it shall be responsible for repairing/replacing the faulty cards/APs/switches units/ PCBs.

221

Such repair Center shall also maintain a requisite minimum stock of such cards/equipment often going faulty, in order to keep the down time within limits as envisaged in this agreement. The BIDDER shall be at liberty to distribute spares to the nodes as deemed fit or keep them at the designated Technical Support Centres.

No.6 (Section V-A SOR item no.6, Section-VII(Part II) Table-1 Item No.6 )Original clause: Managed Gigabit LAN Switch 8 ports 802.3afModification : Managed Gigabit LAN Switch 8 ports 802.3at

No. 7(Section V-A SOR item No.7, Section-VII(Part II) Table-1 item no.7 )Original Clause : Managed Gigabit LAN Switch 16 ports 802.3afModification : Managed Gigabit LAN Switch 24 ports 802.3at

NO.8(Section-VI clause 2.1) Original clause: Hardware

Must have dual radios for concurrent dual band (5 Ghz / 2.4 Ghz) operation● The operation shall be in the license free band in 2.4 and 5GHz bands and as per latest National Frequency Allocation Plan (NFAP), revised from time to

time.● Enables fast and easy mounting to street lights, traffic controls and other

street furniture. Includes hardened enclosures for outdoor deployment● Poles etc. for outdoor mounting to be provided● Must have a robust design for durability , weather proofing● One Ethernet port (1000BASE-X or 10/100/1000BASE-T)● Certified Outdoor AP should be IP67 compliant.

Modification : Hardware Must have dual radios for concurrent dual band (5 Ghz / 2.4 Ghz) operation● The operation shall be in the license free band in 2.4 and 5GHz bands and as per latest National Frequency Allocation Plan (NFAP), revised from time to

time.● Enables fast and easy mounting to street lights, traffic controls and other

street furniture. Includes hardened enclosures for outdoor deployment● Poles etc. for outdoor mounting to be provided● Must have a robust design for durability , weather proofing● One Ethernet port (1000BASE-X or 10/100/1000BASE-T)● Certified Outdoor AP should be IP65 compliant.

No.9 Section II clause 21.5 Added Document should be submitted as per Section IV A clause 21.3 and clause 21.5

No.10 (Section IV-B Annexture -1 Clause-18.3)

222

Original clause: The penalty shall be deducted from the quarterly bills. The maximum value of penalty for faults/card repairs etc. shall not exceed depreciated value(discounted@15%) of equipment in that year

Modification : The penalty shall be as per Section IV-B clause 8(III).No.11.(Section VI clause-1.2)Original Clause: Features

● Should work in either standalone or centrally managed● Should support 802.11 a/b/g/n● Should support 802.1Q● Upto 50 clients per station● Should support 20/40 Mhz channels● Upto 16 SSID with unique QoS and security policies● Should support mesh networking● NAT and DHCP support● Multicast IP video streaming support● Multiple QoS queues per client station/AP.● Must support captive portal and guest accounts (when working with WLAN

controller)● Must support load balancing / admission control (when working with WLAN

controller) Modification : Features

● Should work in either standalone or centrally managed● Should support 802.11 a/b/g/n/ac (Ac with backward compatibility)● Should support 802.1Q● Upto 50 clients per station● Should support 20/40/80 Mhz channels● Upto 16 SSID with unique QoS and security policies● Should support mesh networking● NAT and DHCP support. Features may be provided in overall solution.● Multicast IP video streaming support● Multiple QoS queues per client station/AP.● Must support captive portal and guest accounts (when working with WLAN

controller)● Must support load balancing / admission control (when working with WLAN

controller)

NO.12 (section VI clause-1.3)Original clause :802.11n

● Dual radio with 2X2:2 multiple-input multiple-output (MIMO).● Compliant with GSR 542(E) of WPC , GOI

Maximum radiated power output

Maximum Effective Radiated Power

Type of Antenna Coverage Area

(1) (2) ( (4)

223

(3)

100 mW (20 dBm) in Spread of 10 MHz

26 dBm Built in or indoor antenna

 

Within the single contiguous campus of an individual,

duly recognized organization or institution.

● Maximum transmitted power EIRP should be as per regulatory guidelines. ETA from WPC to be enclosed.

● Similarly Compatibility of Equipments for 5Ghz Radio Band must meet the required criteria as per WPC.(GSR 46(E))

● This is Subject to any amendment from WPC from time to time. AP should be able to radiate at minimum effective radiate power of 24dbm

Modification : 802.11n/ac (With backward compatibility) ● Dual radio with 2X2:2 or higher multiple-input multiple-output (MIMO).● Compliant with GSR 542(E) of WPC , GOI

Maximum radiated power output

Maximum Effective Radiated Power

Type of Antenna Coverage Area

(1) (2) ((3)

(4)

100 mW (20 dBm) in Spread of 10 MHz

26 dBm Built in or indoor antenna

 

Within the single contiguous campus of an individual, duly recognized organization or institution.

● Maximum transmitted power EIRP should be as per regulatory guidelines. ETA from WPC to be enclosed.

● Similarly Compatibility of Equipments for 5Ghz Radio Band must meet the required criteria as per WPC.(GSR 46(E))

● This is Subject to any amendment from WPC from time to time. AP should be able to radiate at minimum effective radiate power of 24dbm

No.13(Section VI clause-3.6.5)Original clause : Should support RF management with 40Mhz channels with 802.11nModification : Should support RF management with 40/80Mhz channels with 802.11n/ac (WLC

should support 802.11n/ac with backward compatibility )

No.14(Section-VI clause-3.1.1)Original clause : Supplied hardware (Single Box) should be able to manage minimum 5000 access

points and concurrent 50,000 wireless clients.Modification. : Supplied hardware (up to 4 boxes) should be able to manage minimum 5000

access points and concurrent 50,000 wireless clients.

224

NO.15(Section-VI Clause-3.2.3)Original clause : Hardware processing to provide minimum 20 Gbps throughput.Modification : Hardware processing to provide minimum 10 Gbps throughput.

No.16 (Section-VI Clause-3.3.4)Original clause : Multiple link aggregation (LAG)/ VRRP support to protect against link failures while

maintaining the optimal network connectivity.Modification : Multiple link aggregation (LAG)/ VRRP or equivalent feature support to protect

against link failures while maintaining the optimal network connectivity.

NO.17(Section-VI Clause-3.7.2)Original clause : Should provide network services like DHCP, FTP, AAA etc.Modification : Should provide network services like DHCP, FTP/TFTP, AAA etc. Features may be

provided in overall solution.

NO.18(Section-VI Clause-3.7.6)Original clause : Tracks the location, roaming history, virtual private group, network addresses,

state, activity, errors, usage and other attributes by user name, session, VLAN, or user group.

Modification : Tracks the location, roaming history, virtual private group, network addresses, state, activity, errors, usage and other attributes.

NO.19(Section-VI Clause-3.7.7)Original clause : Improve downlink performance to all mobile devices, including one and two-spatial-

stream devices on 802.11nModification : Deleted.

No.20(Section-VI Clause-3.8.7)Original clause : "Must be compliant with IEEE CAPWAP or LWAPP or equivalent for

controller based WLAN’s and should provide CAPWAP or LWAPP or equivalent compliant , DTLS/AES/SSL encryption to make sure of encryptionbetween access points and controllers or between controllers."

Modification : "Must be compliant with IEEE CAPWAP or LWAPP or equivalent for controller based WLAN’s and should provide CAPWAP or LWAPP or equivalent compliant , DTLS/AES/SSL or equivalent encryption to make sure of encryption between access points and controllers or between controllers."

NO.21(Section-VI clause-3.13)Original clause : 3.13.1. Operating temperature 23 to 113° F (-5 to 45° C)

3.13.2. Relative humidity 5 to 95% (non-condensing).Modification : 3.13.1. Operating temperature (10 to 35° C)

3.13.2. Relative humidity 20 to 80% (non-condensing)

225

No.22(Section-VI clause-4.17.1)Original clause : O&M user authentication should be supported through RADIUS/ TACACS

server and operator should be able to define the roles and profiles of the users.

Modification : O&M user authentication should be supported and operator should be able to define the roles and profiles of the user.

No.23(Section-VI clause-5.1.4)Original clause : Procedure shall be followed for provisioning of service for a Wi-Fi user.Modification :Deleted clause-5.1.4(from5.1.4.1 to 5.1.4.6).

No.24(Section-VI clause-5.2.10.37)Original Clause :WPA/WPA2 Application Dialer.Modification : deleted.No.25(Section-VI clause-6.3 &6.15)Original clause :”6.3”8-port 10/100(PoE+) + 2 x combo Gigabit SFP :”6.15” Expansion / Connectivity InterfacesModification : “6.3”8-port 10/100/1000(PoE+) + 2 x combo Gigabit SFP :”6.15”Connectivity Interfaces.

No.26 (Section-VI clause-7.3 &7.15)Original clause : “7.3”16-port 10/100(PoE+) + 2 x combo Gigabit SFP : “7.15”Expansion / Connectivity InterfacesModification :”7.3” 24-port 10/100/1000(PoE+) + 2 x combo Gigabit SFP :”7.15”Connectivity Interfaces.

No.27 (Section-VI clause-3.3.2)Original Clause : Wireless controller should support state-full switchover for all Access

Points to the standby wireless controller.Modification : Wireless controller should support state-full/seamless switchover for all

Access Points to the standby wireless controller.

No.28 (Section-VI clause-1.11 &2.12)Original clause: AP should be compliant with TEC GR No.TEC/GR/CP/WIFI-002/01/SEP-11 or

latest.Modification : AP should be compliant with Functional and Technical Requirements(clause no.2)

of TEC GR No. TEC/GR/CP/WIFI- 002/01/SEP-11 or latest.

No.29 (Section-VI clause-4.14.1 &4.14.2)Original clause :”4.14.1” Management system shall support SOAP/CORBA/HTTPS Northbound OSS

interface. :”4.14.2”North Bound Interface using the CORBA IDL based on the TMF 814

226

standardsModification :”4.14.1” Deleted. :”4.14.2”Deleted.

No.30(Section-V clause-2)Original Clause : MTNL will provide backhaul internet connectivity over its FTTH service to each of

the hotspot premises/Site. The sites may be VVIP residences/offices/locations in the area of NCT of Delhi, mainly in the NDMC area. The project will be on turnkey basis.

Modification : MTNL will provide backhaul internet connectivity over its FTTH service to each of the hotspot premises/Site. The sites may be VVIP residences/offices/locations in the area of NCT of Delhi, mainly in the NDMC area. The project will be on turnkey basis. Initially Internet connectivity of 10 Mbps will be provided on each site through GPON –ONT. The LAN ports of the ONT are 100 Mbps Ethernet (Electrical)

NO.31 (Section-VI clause-6.4 & 7.4)Original clause : Power Over Ethernet (PoE) POE +Modification :Power Over Ethernet (POE) POE+( All Ports should be work on POE+

simultaneously.)

No.32(Section-VA SOR Item NO-14)Original Clause : Integration of NMS (Sl. No. 4) with FTTH EMS.Modification :Deleted.

No.33(Section-IV A clause 13,Section -V A clause 17)Original Clause : Maintenance spares of minimum 5% of each equipment type will be provided by the

bidder.(Indoor AP,Outdoor APs,Switch 8 & 16 ports etc) as per section VB.Modification : Maintenance spares of minimum 5% of each equipment type will be provided by the

bidder.(Indoor AP,Outdoor APs,Switch 8 & 24 ports etc) as per section VB

No.34(Section-VB SOR for spares Item No.4,Section VI clause 7 & 7.1 )Original Clause : Switches 16 ports Modification : Switches 24 ports.

No.35(Section VI clause 3.12.1)Original clause : IEEE 802.11a, 802.11b, 802.11g, WMM / 802.11e, 802.11h, 802.11n.Modification : IEEE 802.11a, 802.11b, 802.11g, WMM / 802.11e, 802.11h, 802.11n 802.11 ac.

No.36(Section VI clause 5.2.12.1)Original Clause : This shall work as interface between MTNL and Wi-Fi user. Any prospective user

coming into MTNL public hotspot shall be presented a webpage portal giving details of Wi-Fi services, tariffs and procedure to subscribe to the services. The link to payment gateway and to download the dialer shall also be presented to the prospective user. The other features of the web self care shall be as follows.

Modification : This shall work as interface between MTNL and Wi-Fi user. Any prospective user coming into MTNL public hotspot shall be presented a webpage portal giving details of Wi-Fi services, tariffs and procedure to subscribe to the services. The link to payment gateway shall be presented to the prospective user. The other features of the web self care shall be as follows

227

No.37(Section VI clause 2.2)Original Clause :Features

● Should work in either standalone or centrally managed● Should support 802.11 a/b/g/n● Should support 802.1Q● Upto 50 clients per station● Should support 20/40 Mhz channels● Upto 16 SSID with unique QoS and security policies● Should support mesh networking● NAT and DHCP support.● Multicast IP video streaming support● Multiple QoS queues per client station● Must support captive portal and guest accounts (when working with WLAN

controller) Must support load balancing / admission control (when working with WLAN

controller)Modification : Featuers

● Should work in either standalone or centrally managed● Should support 802.11 a/b/g/n● Should support 802.1Q● Upto 50 clients per station● Should support 20/40 Mhz channels● Upto 16 SSID with unique QoS and security policies● Should support mesh networking● NAT and DHCP support. Features may be provided in overall solution.● Multicast IP video streaming support● Multiple QoS queues per client station● Must support captive portal and guest accounts (when working with WLAN

controller) Must support load balancing / admission control (when working with WLAN

controller)

No.38(Section VI Clause 3.8.8.4)Original Clause :Session HijackModification :Session Hijack. Feature may be provided in overall solution.No.39(Section VI clause 3.8.8.3)Original clause : Man-in-the-middle attacksModification : Man-in-the-middle attacks. Feature may be provided in overall solution.No.40(Section VI clause 4.11.2)Original clause : Flexible authentication, authorization, and accounting (AAA) services allow

for local, RADIUS, TACACS, and single sign-on options.Modification : Flexible authentication, authorization, and accounting (AAA) services allow

for local, RADIUS, TACACS, and single sign-on options. Features may be provided in overall solution.

No.41(Section VI Clause 3.7.4)

228

Original clause : Should have reporting, monitoring, traffic analysis, and troubleshooting tools for wireless network.

Modification : Should have reporting, monitoring, traffic analysis, and troubleshooting tools for wireless network. Features may be provided in overall solution.

NO.42(Section VI Clause 6.10)Original Clause : Authentication Method ,Secure Shell (SSH), RADIUS, TACACSModification : Authentication Method ,Secure Shell (SSH)/ RADIUS, TACACS No.43 Section -III clause 9.7 Added

All Penalty clauses mentioned in the AMC terms (Section IV-B and Annexture-1 to Section IV-B) shall be applicable during period of warranty also.

NO.44(Section IV-B clause 5 ) Original Clause : Any Unit neither returned during the turn-around time period nor

declared as RNP (Repair Not Possible) within 60 days of its handing over to the designated courier/agency/center, an amount equivalent to1.5 times the cost of equipment/unit shall be recovered from the bidder. This cost will not be counted as penalty, for the purpose of 25% cap on penalty as mentioned later in clause 8(iii) & 8 (v).

Modification : Any Unit neither returned during the turn-around time period nor declared as RNP (Repair Not Possible) within 60 days of its

handing over to the designated courier/agency/center, an amount equivalent to1.5 times the cost of equipment/unit shall be recovered from the bidder. This cost will not be counted as penalty, for the purpose of cap on penalty as mentioned later in clause 8(iii) & 8 (v).

Amendment no 45Clause No.4.1 Section-II may be read as :-The bidder should be an Indian registered company. The bidder may be an Wi-Fi Original Equipment Manufacturer (Wi-Fi OEM) or its Indian subsidiary (“The SI’s Global experience will be counted in case of Indian subsidiary of a Foreign company”)if the Wi-Fi OEM is a foreign company engaged in manufacturing of WI-FI Equipment i.e Access Points & Wireless LAN Controller (WLC) or a System Integrator (SI) engaged in implementation of projects in the field of IT/Networking/ Telecommunication having valid MoU(s) with the OEM(s) of Wi-Fi Equipment and Networking Equipment. In case of SI, it must submit the copy of valid MoU/Authorization along with the bid, which should clearly indicate the commitment of OEM (s) for extending all types of technical support for their products for at least 7 years.

Instead of

The bidder should be an Indian registered company. The bidder may be an Wi-Fi Original Equipment Manufacturer (Wi-Fi OEM) or its Indian subsidiary if the Wi-Fi OEM

229

is a foreign company engaged in manufacturing of WI-FI Equipment i.e Access Points & Wireless LAN Controller (WLC) or a System Integrator (SI) engaged in implementation of projects in the field of IT/Networking/ Telecommunication having valid MoU(s) with the OEM(s) of Wi-Fi Equipment and Networking Equipment. In case of SI, it must submit the copy of valid MoU/Authorization along with the bid, which should clearly indicate the commitment of OEM (s) for extending all types of technical support for their products for at least 7 years.

All the relevant clauses related to bidder’s criteria in the T.E. No. MTNL/DEL/EB/Wi-Fi/2014-15/10, stands modified accordingly.

“The SI’s Global experience will be counted in case of Indian subsidiary of a foreign company”

Amendment no 46:

2. Clause No 4.2 Section-II may be read as:-

The bidder should have an annual average financial turnover of above Rs 5 Crore in last two

financial years (2012-13 & 2013-14) from operations in India.

Instead of

The bidder should have an annual average financial turnover of above Rs 5 Crore in last three financial years (2011-2012, 2012-13 & 2013-14) from operations in India.

All the relevant clauses related to average financial turn over in the T.E. No. MTNL/DEL/EB/Wi-Fi/2014-15/10 stands modified accordingly.

“The average financial turnover should be taken as Rs.5 crore in 2 years.”

Amendment no 47:

Clause No.4.3 (b) Section-II may be read as :-

In case of SI, bidder should have 2 years’ experience of Installation, Testing and Commissioning of at least 100 Access Points along with centralized core network (WLC,AAA,NMS etc) in India or globally and the Wi-Fi OEM whose equipment is being offered should have supplied at least 1250 APs along with core network anywhere in India or Globally. The experience shall be counted from the date of opening of tender. (refer clause 18.4 of section-II for details)

Instead of

In case of SI, bidder should have 2 years’ experience of Installation, Testing and Commissioning of at least 250 Access Points along with centralized core network

230

(WLC,AAA,NMS etc) in India and the Wi-Fi OEM whose equipment is being offered should have supplied from the date of opening of tender. (refer clause 18.4 of section-II for details) at least 1250 APs along with core network anywhere in India or Globally. The experience shall be counted

All the relevant clauses related to experience of the bidder in the T.E. No. MTNL/DEL/EB/Wi-Fi/2014-15/10 stands modified accordingly.

“The number of APs installed should be reduced from 250 to 100 in India or globally (any where)”.

----Contd----

231

ANNEXURE-C

SECTION VII (PART-II) T.ENo.:MTNL/DEL/EB/Wi-Fi/2014-15/10 PRICE SCHEDULE FOR INDIGENOUS EQUIPMENT

Table-1

Sl.N

o.

Item

Des

crip

tion

Mak

e &

Mod

el

Qua

ntit

y

Ex-f

acto

ry p

rice

(B

asic

Uni

t Pr

ice

excl

usiv

e of

all

levi

es &

cha

rges

)

Non-CENVAT-able Duties

Uni

t Pr

ice

inc

lusi

ve o

f al

l no

n C

ENV

AT

-abl

e le

vies

& c

harg

es (

4+6+

8+9)

Sales Tax Freight, Forwarding, Packing & Insurance

Any

oth

er l

evie

s/ch

arge

s (

non-

CEN

VA

T-

able

)

% Amt. % Amt.

1 2 3 4 5 6 7 8 9 10 11

1 Wi-Fi Indoor Access Points (AP) 2,4502

Wi-Fi Outdoor Access Points (AP)850

3Wireless Controller (WLC)

Hardware2 (1+1)

Software1 package

Licenses3,500

4Network Management System (NMS)

Hardware1

Software 1

Licenses (wired & wireless devices) 4,5005

Centralized Authentication System

Hardware 2 (1+1)

Software 1 package

Licenses 5,0006

Managed Gigabit LAN Switch 8 ports 802.3af 6507

Managed Gigabit LAN Switch 16 ports 802.3af 1508

Laptop 89

PC 810

PON Meter 411

Power Meter 412

Printer (Laser – All in One) 313

UPS For Data Center 1+114 Integration of NMS (Sl. No. 4) with FTTH EMS

115 CAT 6 UTP Cable (305 mtr box) 160 Km

232

16 Conduit per mtr for 25 5 Km

17 Conduit per mtr for 40 mm 5 Km

18 Conduit per mtr for 50 mm 5 Km

19 PVC Battens per mtr for 12x12 mm 45 Km

20 PVC Battens per mtr for 25x12 mm 45 Km

21 Corrugated flexible PVC pipes 25 mm 2 Km

22 Corrugated flexible PVC pipes 40mm 2 Km

23 Corrugated flexible PVC pipes 50 mm 1 Km

24 6U Wall Mount Network Rack 800

Note:

6. We hereby certify that Customs Tariff Head shown in Col. 15 are correct & CENVAT Credit for the amount shown in Col. 17 above is admissible as per CENVAT Credit Rules 2004.

7. The bidder shall quote for hardware and software as per special condition of contract and SOR.8. The bidder submitted the offer with concessional sales tax shall submit the proof of applicable concessional sales tax. 9. Bidder shall mention Make & Model No. against each item.10. Bidder may quote their price with CST in case of interstate supply and MTNL will issue form C against these items

(Signature of Bidder) Name:

CORRIGENDUM No. 4

In T.E. No. MTNL/DEL/EB/Wi-Fi/2014-15/10, e-Tender For Supply, Installation, Testing and Commissioning (SITC) of WI-FI Hotspot Network. In NIT Tender Details ,The due date & time of submission of documents physically, Due date & time of submission of bids on line and due date & time of opening of bids On line are hereby postponed and may be read as follows:-

1. Due date & time of submission of documents physically- Up to 15.00 Hrs of 27-04-20152, Due date & time of submission of bids On- line - Up to 15.00 Hrs of 27-04-20153 Due date & time of Opening of bids On- line - At 12.00 Hrs of 28-04-2015

Other terms & conditions of tender remain unchanged

Asstt. General Manager (MM) EB

233

234