Tamil Nadu Arasu Cable TV Corporation Limited (TACTV) (A Government of Tamil Nadu Undertaking) TENDER DOCUMENT

Transcription

1 Tamil Nadu Arasu Cable TV Corporation Limited (TACTV) (A Government of Tamil Nadu Undertaking) TENDER DOCUMENT TENDER FOR SELECTION OF TELECOM SERVICE PROVIDER FOR PROVISION OF INTERNET BANDWIDTH AND POINT TO POINT LEASED LINE CIRCUITS FOR LAUNCH OF INTERNET SERVICES Tender No. TACTV/9/ISP/Internet Bandwidth/2015 dated SL. No. : ISSUED TO : IMPORTANT NOTICE RECEIPT No. & DATE : TENDER OPENING DATE: COST OF TENDER DOCUMENT: Rs. 1000/-

2 CONTENTS Clause Topic Page No. Important Notice 1 Tender Notice 2 1. Preamble 3 2. Engagement of Model 4 3. Qualification Criteria 6 4. Language of the Tender 8 5. Purchase of Tender Documents 8 6. Prebid Meeting 8 7. Clarification on the Tender Document 9 8. Amendment of Tender Document 9 9. Authorization of the Tenderer Submission of Tender in Two Cover System Earnest Money Deposit Validity Opening and Evaluation of The Tender Price Offer Evaluation of the Price Award of Contract Security Deposit Agreement Release of Purchase Order Execution of Work Payment Terms Penalty Liquidated Damages Termination of the Contract General Conditions Rejection Criteria Arbitration 22

3 Clause Topic Page No. 28. Jurisdiction of the Court 23 Annexure I Minimum Technical Specifications 24 II Part-I (Covering Letter) 33 III Details of the Tenderer 35 IV Annual Turnover statement 37 V Declaration for not having blacklisted 38 VI Declaration for not having tampered the tender document 39 VII Part-II (covering letter) 40 VIII Price Bid 41 IX Details on Last mile Connectivity at Taluk Headquarters 43 X Details on Fibre connected BTS at District Headquarters 54 XI Check List for documents 56

4 IMPORTANT NOTICE This tender procedure is governed by the Tamil Nadu Transparency in Tenders Act, 1998 and the Tamil Nadu Transparency in Tender Rules, 2000 as amended from time to time. In case of any conflict between the terms and conditions in the tender document and the Tamil Nadu Transparency in Tenders Act, 1998 and The Tamil Nadu Transparency in Tender Rules, 2000 the Act and Rules shall prevail. 1 Signature of the tenderer with seal

5 TAMIL NADU ARASU CABLE TV CORPORATION LIMITED (A Government of Tamil Nadu Undertaking) TENDER NOTICE Tender No: TACTV/9/ISP/Internet Bandwidth/2015 dt Tamil Nadu Arasu Cable TV Corporation (TACTV) invites sealed tenders from Telecom Service Providers for provision of Internet Bandwidth and Point to Point Lease Line Circuits for launch of Internet Services. The details of the tender are given hereunder: 1 Tender Inviting Authority Managing Director, Tamil Nadu Arasu Cable TV Corporation Ltd., 34/123, Dugar Towers, 6th Floor, Marshalls Road, Egmore, Chennai Ph: , Fax: tactv@tactv.in, Website: 2 Name of the Work Tender for selection of Telecom Service Provider for Provision of Internet Bandwidth and Point to Point Lease Line Circuits for launch of Internet Services. 3 Tender documents available place, cost and due date for obtaining tender 4 Earnest Money Deposit (EMD) 5 Date, Time and place of Pre bid meeting 6 Due Date, Time and Place of Submission of the above Tender 7 Date, Time and Place of Tender Opening Tender documents can be purchased on all working days from to between AM and PM from the address mentioned in Sl.No.(1) above on payment of Rs.1000/- by way of Demand Draft drawn on any Indian Nationalised / Scheduled Commercial Bank in favour of Tamil Nadu Arasu Cable TV Corporation Limited payable at Chennai. Alternatively, Tender documents can be downloaded at free of cost from TACTV s website and Rs.5,00,000/- (Rupees Five Lakhs only) in the form of a Demand Draft drawn on any Indian Nationalised / Scheduled Commercial Bank in favour of Tamil Nadu Arasu Cable TV Corporation Limited, payable at Chennai at AM at the address mentioned in Sl.No.(1) above up to PM at the address mentioned in Sl.No.(1) above at PM at the address mentioned in Sl.No.(1) above. Managing Director 2 Signature of the tenderer with seal

6 1. PREAMBLE Tamil Nadu Arasu Cable TV Corporation Ltd (TACTV) is a Government of Tamil Nadu undertaking, incorporated under the Companies Act, 1956 with an aim to provide high quality cable signals to the public through Local Cable Operators at an affordable cost. The service provided by the TACTV is a welfare step taken by the Government in the interest of the public and Cable TV operators. The subscriber base of TACTV is around Lakhs. TACTV also operates Arasu e-sevai Centres in all Taluks of Tamil Nadu with an objective of making e Governance services available to the common man at affordable cost and Arasu e-sevai Centres have been established in 339 locations in Tamil Nadu. Tamil Nadu government mandated TACTV to offer high quality, low cost internet services to every household in Tamil Nadu. Accordingly, TACTV had applied for Class B ISP license and the license has now been granted by Department of Telecommunications. TACTV is planning to immediately launch ISP services in 31 district Head quarters and 264 Taluk locations leveraging presence of its cable operators to take internet services to every household. This service will be progressively extended to the rural areas when BharatNet is commissioned in Tamil Nadu which will connect every Village Panchayat in the state over fibre. In order to launch ISP services, TACTV will float a separate tender for selection of System Integrators / Solution Providers to set up the NOC at Chennai. This tender invites bids from large Telecom Service providers who have Class A ISP License and NLD license to provide Point to Point Links of required capacity to connect to various POPs that will be set up by TACTV to provide service to its customers. The Tender notification has been published fixing the date of opening of tender as Signature of the tenderer with seal

7 2. ENGAGEMENT MODEL TACTV proposes to set up the NOC at Chennai and provide ISP services to TACTV customers across Tamil Nadu. ISP services will be launched from four cities in Tamil Nadu to be progressively extended to all 31 District Headquarters and then to other locations based on market response and potential. List of 264 Taluk Headquarters is given in Annexure IX which are considered as potential areas of expansion for second level of expansion. ( Refer diagram in Page 5) TACTV proposes to set up a central NOC at Chennai and aggregation POPs at all District Head Quarters. Coimbatore, Tirunelveli and Madurai / Trichy will be taken up in Phase 1. TACTV would initially require Internet bandwidth at NOC at Chennai and Point to Point Leased line circuits to connect its aggregation POPs to be commissioned in phase 1. The network will be progressively expanded to connect other District Head quarters and other Taluk locations. Taluk locations will be connected on Point to Point Leased line circuits from the nearest aggregation POP / NOC. TACTV would also require bidders to offer intra city links to extend connectivity to designated locations within cities to reach cable operators. On award of contract, TACTV will communicate eligible bidders from time to time, based on its business plan and needs, requirement for Internet Bandwidth, Point to Point Leased line circuits (both Intra city and Intercity) through LOI and issue necessary work order for execution of work upon acceptance of LOI. Bidders can assume District collectorates in District Head Quarters and Taluk Offices in Taluk HQ locations as the termination of Point to Point Links. 4 Signature of the tenderer with seal

8 5 Signature of the tenderer with seal

9 3. QUALIFICATION CRITERIA Clause Qualification Criteria (a) The tenderer should be a registered legal entity and existing for at least three years (as of 30th September 2015) for supplying the items in the tender (b) (c) (d) The tenderer should be a holder of ILD, NLD and ISP licenses from DoT (Department of Telecommunication) for providing International Data Bandwidth and Internet Bandwidth in India The tenderer should have Gateway at submarine cable landing at least two stations (among Mumbai/Cochin/Chennai) should have installed bandwidth capacity of at least 8XSTM4 on date of issue of TENDER The tenderer should be a holder of Valid quality certifications like ISO / ISMS / ITSM / or equivalent for delivering quality internet services in India. Supporting Document (i) In case of Private / Public Limited Companies, Copy of Incorporation Certificate issued by the Registrar of Companies Copy of Memorandum and Articles of Association (ii) In case of Partnership Firm, Registered Partnership deed (iii) In case of Proprietorship Firm, Copy of VAT Registration Certificate / Service Tax Registration Certificate. DOT license is to be submitted The relevant documentary evidence about operation of Gateway for at least last two (2) years and Installed capacity should be submitted along with the bid. Valid Certificates to be attached 6 Signature of the tenderer with seal

10 Clause Qualification Criteria (e) The tenderer should have reported an Average Annual Turnover of Rs.1000 Crores in the last three consecutive financial years i.e , and (or) , and Supporting Document (i) The average annual turnover statement duly certified by Chartered Accountant as per Annexure VI. (ii) The Annual Report / certified copies of Balance Sheet, Profit & Loss statement along with schedules for the last 3 consecutive financial years. (f) (g) (h) (i) (j) (k) (l) The tenderer should have full fledged office in Tamil Nadu. The bidder should have own fibre optic network within the country with a minimum at least 1 BTS connected on fibre in 50% of the Taluk HQ in Tamil Nadu. (List given in Annexure IX). Each Fiber location / BTS should be connected in a redundant ring configuration. The last miles access links offered should be through un-contention media The bidder should have Network management center (NOC) with DR facility, at two different facilities in India The Tenderer should be registered under TN VAT/ CST Act The Tenderer should be registered with Service Tax Department. The Tenderer should have PAN number issued by Income Tax Department. The agency should submit self certified office address. Self Declaration self-declaration to be submitted Self-certificate by authorized signatory of the company to be submitted giving details of Primary NOC & Secondary NOC Registration certificate as a firm under TN VAT Act / CST Act. Copy of Service Tax Registration certificate. Copy of PAN allotment Certificate/ PANCARD issued by Income Tax Department. 7 Signature of the tenderer with seal

11 Clause Qualification Criteria (m) The Tenderer should not have been blacklisted for supply of any items or services to TACTV or any other Government agency. Supporting Document The declaration form as per Annexure VIII. 4. LANGUAGE OF THE TENDER The Tender prepared by the tenderer as well as all correspondences and documents relating to the Tender shall be in English language only. If the supporting documents are in a language other than English / Tamil, the notarized translated English version of the documents should also be enclosed. Tender received without such translation copy will be rejected. 5. PURCHASE OF TENDER DOCUMENTS (a) The tender document shall be obtained from Tamil Nadu Arasu Cable TV Corporation Limited (TACTV), 34 /123, 6th Floor, Dugar Towers, Marshalls Road, Egmore, Chennai on payment of Rs.1000/- payable in the form of Demand Draft drawn on any Indian Nationalised / Scheduled Commercial Bank in favour of Tamil Nadu Arasu Cable TV Corporation Ltd payable at Chennai or it can be downloaded from and free of cost. For the downloaded tender document, the tenderer need not enclose the tender document cost but should give a declaration for not having tampered the Tender document downloaded. (b) The tender document can be purchased on all working days between AM and PM from to PREBID MEETING There will be a pre-bid meeting on at A.M. in the Head Office of TACTV, 34/123, 6th Floor, Dugar Towers, Marshalls Road, Egmore, Chennai during which the prospective tenderers can get clarifications about the tender. The tenderers shall send their queries in writing if any so as to reach TACTV at least two days prior to the pre-bid 8 Signature of the tenderer with seal

12 meeting date. The tenderers may also check the websites and for up to date information like change in date / venue etc., of pre-bid meeting as TACTV may not be able to identify and communicate with the prospective bidders at this stage. Non attending of pre-bid meeting is not a disqualification. 7. CLARIFICATION ON THE TENDER DOCUMENT Any discrepancies, omissions, ambiguities or conflicts in the tender document or any doubts as to their meaning and any request for clarification must be sent in writing to The Managing Director, Tamil Nadu Arasu Cable TV Corporation Limited (TACTV), 34 /123, 6th Floor, Dugar Towers, Marshalls Road, Egmore, Chennai The Managing Director will review the same, and where information sought is not clearly indicated or specified in the tender documents, will issue a clarifying bulletin to all those who have purchased the tender documents and will also upload such clarification on and The Managing Director will neither make nor be responsible for any oral instructions. Request for clarification should be brought to the notice of the Managing Director, in writing, before 48 hours of the opening of the tender. 8. AMENDMENT OF TENDER DOCUMENT TACTV whether on its own initiative or as a result of a query, suggestion or comment of an Applicant or a Respondent, may modify the tender document by issuing an addendum or a corrigendum at any time before the opening of the tender. Any such addendum or corrigendum will be communicated to all the tenderers who had purchased the tender documents and also will be uploaded on and and the same will be binding on all Applicants or Respondents or Tenderers, as the case may be. 9. AUTHORISATION OF THE TENDERER The Tender should be signed on each page by the tenderer or by the person who is duly authorized for the same by the single applicant. 9 Signature of the tenderer with seal

13 10. SUBMISSION OF TENDER IN TWO COVER SYSTEM (a) Every page of the terms and conditions of the tender document should be signed and enclosed with the tender, in token of having accepted the tender conditions, failing which the tender will be rejected summarily. (b) Tenders should be submitted in two parts: (i) Part I will cover technical bid and (ii) Part II will cover price bid (c) Tenderers should ensure submission of all documents along with Part-I and Part II proposal as per the Check list given in Annexure -XI. (d) Tenderers are requested to submit Part I and Part II in separate sealed covers superscripting as Part I and Part II respectively. These two Parts namely Part I and Part II must be placed in a separate (third) sealed cover superscripted as Tender for selection of Telecom Service Provider for provision of Internet Bandwidth and Point to Point Leased Line Circuits and addressed to The Managing Director, Tamil Nadu Arasu Cable TV Corporation Limited (TACTV), 34/123, 6th Floor, Dugar Towers, Marshalls Road, Egmore, Chennai , containing the name and address of the tenderer. Tenders submitted with unsealed cover would be summarily rejected. (e) Tenders should be dropped only in the tender box kept at Tamil Nadu Arasu Cable TV Corporation Ltd. 34/123, 6th Floor, Dugar Towers, Marshalls Road, Egmore, Chennai on or before 3.00 PM on Tenders will not be received by hand. (f) Alternatively, the tenders can be submitted through registered post so as to reach the above address on or before 3.00 PM on Tenders received after the specified time will not be considered and TACTV will not be liable or responsible for any postal delays. (g) A tender once submitted shall not be permitted to be altered or amended. 10 Signature of the tenderer with seal

14 11. EARNEST MONEY DEPOSIT (a) The Tender should be accompanied by an Earnest Money Deposit (EMD) to the value of Rs.5,00,000/- (Rupees Five Lakhs only) in the form of a Demand Draft or Banker s cheque drawn on any Indian Nationalised / Scheduled Commercial Bank in favour of Tamil Nadu Arasu Cable TV Corporation Limited, payable at Chennai. The EMD in any other form will not be accepted. The Earnest Money Deposit will be returned to the unsuccessful tenderers. (b) The Earnest Money Deposit will be retained in the case of successful tenderer and it will not earn any interest and will be dealt with, as provided in the terms and conditions of the tender. (c) Any request of the tenderer, under any circumstances claiming exemption from payment of EMD will be rejected and their Part II price offer will not be opened. (d) The amount remitted towards EMD is liable to be forfeited in case the tenderer fails to execute the contract after submission of the tender or after acceptance of the offer by TACTV or fail to sign the Agreement or to remit the Security Deposit. 12. VALIDITY The rate quoted in the Tender should be valid for the acceptance by the TACTV, for a minimum period of 180 days from the date of opening of the Tender. Escalation in the rates will not be entertained under any circumstances. 13. OPENING AND EVALUATION OF THE TENDER (a) The tenders received up to 3.00 PM as per the office clock on will be taken up for opening. Tenders received after specified date and time will not be accepted. The Tender will be opened by the Managing Director of Tamil Nadu Arasu Cable TV Corporation Limited or by the Person / Committee authorized by him at 3.30 PM on the same day in the presence of the available tenderers / representatives of the tenderers who choose to be present. The 11 Signature of the tenderer with seal

15 tenderers or their authorized agents are allowed to be present at the time of opening of the tenders. (b) The Managing Director of Tamil Nadu Arasu Cable TV Corporation Limited or Person/Committee authorized by him will inform the attested and unattested corrections, before the tenderers and sign all such corrections in the presence of the tenderers. If any of the tenderers or agents are not present then, in such cases the Person/Committee will open the tender of the absentee tenderer and list out the unattested corrections and communicate it to them. The absentee tenderer should accept the corrections without any question whatsoever. (c) If the date fixed for opening of the tender happens to be a Government holiday, the sealed tenders will be received up to 3.00 PM on the next working day and opened at 3.30 PM on the same day. (d) The Technical bid will be evaluated by the Committee of TACTV in terms of the qualification Criteria. The Committee reserves the right to disqualify any of the tender in case the Committee is not satisfied with the documents furnished, including the past performances. (e) For those tenderers who have already worked or working with TACTV, their previous performance in TACTV would be the mandatory criteria for selection. If any unsatisfactory performances of those tenderers are found, their tenders will be straight away rejected. The Unsatisfactory performance is defined as (i) Non responsiveness after getting the Purchase order, Delay in supply, installation of the ordered items etc., (ii) Lack of communication about the delay in deliveries, Installation etc., (iii) Poor warranty support etc., (f) TACTV may also arrange for field inspection to verify their pre-qualifying conditions before opening of Part II cover and in case if any failure to satisfy the requirements, their Tender will be rejected and their Part-II Cover will not be opened. (g) The tenders that do not confirm to the tender conditions and tenders from firms without adequate capabilities for execution of the project as per tender requirements shall be liable for rejection straight away, specifying the reason. All eligible tenders will be considered for further 12 Signature of the tenderer with seal

16 evaluation. The decision of TACTV should be final in this regard. (h) Technical Bid will be examined by the evaluation committee on the basis of responsiveness to the scope of work, applying the evaluation criteria specified elsewhere in the tender. (i) During the technical evaluation, TACTV at its discretion 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 TACTV (j) The tenderers declared as qualified by the Committee, will be informed the date of opening of Part II (Price bid). 14. PRICE OFFER (a) The Price bid should be kept only in the Part II cover. (b) The price bid should be prepared as per Annexure-VIII. (c) Tenderers should quote for all the items specified in the tender. Price bids without quotes for all items would summarily be rejected. (d) The price quoted by the tenderer shall include cost and expenses on all counts viz. cost of equipment, materials, tools / techniques / methodologies, manpower, supervision, administration, overheads, travel, lodging, boarding, in-station & outstation expenses, etc and any other cost involved in the supply and commissioning. (e) The rate quoted by the tenderer shall be kept firm for a period specified in the Tender from the date of opening of the tender. The tenderer should keep the Price firm during the period of Contract including during the period of extension of time if any, as per the terms of the tender. Escalation of rate will not be permitted during the said periods or during any period while providing services whether extended or not for reasons other than increase of duties / taxes directly payable to the Governments in India within the stipulated delivery period. (f) The Price Bid shall be typed and shall be signed by the authorized signatory in all pages. Any alterations, deletions or overwriting shall be attested with full signature of the authorized signatory. (g) If the rates quoted in figures and in words differ, the lower of these two will be adopted. 13 Signature of the tenderer with seal

17 (h) Part-II bid should not contain any commercial conditions. Variation in the commercial terms and conditions of the tender will not be accepted. 15. EVALUATION OF THE PRICE The price bid will be evaluated in accordance to the Tamil Nadu Transparency in Tenders Act 1998 read with the Tamil Nadu Transparency in Tenders Rules 2000, as given below: (a) The evaluation shall include all Customs Duty, Central Excise Duty, service tax and Value Added Tax (VAT) as a part of the price, as detailed below: (i) In evaluation of the price of an imported item, the price shall be determined inclusive of the customs duty; (ii) In the evaluation of the price of the articles which are subject to excise duty, the price will be determined inclusive of such excise duty. (iii) In the evaluation of the price of the articles which are subject to service tax, the price will be determined inclusive of such service tax. (iv) In a Tender where all the tenderers are from within the State of Tamil Nadu or where all the tenderers are from outside the State of Tamil Nadu, the Sales Tax under the Tamil Nadu Value Added Tax shall be included for the evaluation of the price bid. (v)in a tender where the tenderers are both from the state of Tamil Nadu as well as outside the state of Tamil Nadu the sales tax under the Tamil Nadu Value Added Tax shall be excluded for the evaluation of the price, as per Rule 29(d) (iv) of the Tamil Nadu Transparency in Tenders Act 1998 read with the Tamil Nadu Transparency in Tenders Rules (vi) The tenderer who has quoted lowest cost of Internet bandwidth at point of delivery, as defined in criteria for evaluation of Price bid, will be adjusted L1. (b) The criteria for evaluation of Price bid is given hereunder: 14 Signature of the tenderer with seal

18 Cost of Internet Bandwidth at Point of delivery will be calculated as follows: a. Average of rates quoted against ( row average ) Sl. No 1 to 5 of Price bid will be computed as B1Av, P1Av,P2Av,P3Av and P4Av. b. Cost of Internet Bandwidth at Point of Delivery will be computed as i. Cost of Internet Bandwidth at NOC B1Av ii. Cost of Point to Point link to DHQ 2.5*P1Av, say PdAv iii. Cost of Point to Point link to Taluk HQ will be calculated as follows : 1. Cost of each Taluk HQ link will be calculated as per the formula 2.5*(P2Av+P3Av+P4Av). P4Av will be taken as zero if the radial distance of BTS from Talk office is within 2kms. For radial distance more than 2 Km, if solution for last mile is not given by bidder, then the location will be considered not feasible 2. Step (1 above ) will be repeated for all 264 Taluk HQ and the average will be computed, say PtAv c. Cost of Internet Bandwidth at Point of delivery is B1Av+PdAv+PtAv 16. AWARD OF CONTRACT (a) The tenderer(s) who has quoted lowest price (L1) will be invited for negotiations for improvement in scope of work and commercial terms. (b) Upon finalization of negotiated rate, TACTV will issue the Letter of Acceptance (LoA) to the successful tenderer. (c) However, TACTV may also award the contract to Other Technically Qualified Tenderers who are matching the negotiated price of L1 bidder, in accordance to the Clause 31(2) of the Tamil Nadu Transparency in Tenders Act, 1998 read with the Tamil Nadu Transparency in Tenders Rules, Signature of the tenderer with seal

19 (d) Contract will be valid for a period of two years, with TACTV entitled to extend the same by one more year (e) Purchase Orders for bandwidth and leased line circuits shall be placed on the suppliers as and when there is requirement for the same throughout the period of two year from the date of first Purchase Order. (f) Rate for the second year shall be 90% of the rates finalized for the first year. Rate finalized for the second year shall be applicable for the existing Bandwidths leased line and new requirements. (g) The respective slab rate will take effect for all links from the date of reaching the slab. (h) 1 Mbps capacity shall be the basic unit of service and price corresponding to one 1 Mbps service shall constitute unit price. LETTER OF INTENT Based on the business plan of TACTV, TACTV would like to procure Internet Bandwidth at Chennai and Inter / Intra City links to the various POPs to be set up by TACTV across Tamil Nadu. TACTV will, from time to time communicate the requirement through LOI to eligible vendors based on the following criteria. (a) L1 bidder shall be given first preference and work will also be offered to other eligible bidders in the order of their rating. Considerations for offering to other eligible bidders will be To improve network availability by building redundant network thru different service provider Feasibility issues in line termination of specific service provider. Other technical limitations of specific service provider to offer cost effective solution. (b) After initial provisioning, LOI will be issued for further requirement in terms of Internet bandwidth upgrade and Point to Point Links ( upgrade of bandwidth and new links ), as and when need arises. Vendor will do the required site survey to confirm feasibility and communicate acceptance of LOI. Purchase order will be issued after remittance of security deposit by the vendor. (c) TACTV will endeavor to give upto 50% of the total order value to L1 bidder at all times during the contract. 16 Signature of the tenderer with seal

20 17. SECURITY DEPOSIT (a) On receipt of the Letter of Acceptance from the TACTV, the successful tenderer should remit a Security Deposit (SD) of Rs. 5,00,000/- (Rupees Five Lakhs only) in the form of a Demand Draft or Banker s Cheque drawn on any Indian Nationalized/ Scheduled Commercial Bank or irrevocable Bank Guarantee with a validity period of 24 months in favour of Tamil Nadu Arasu Cable TV Corporation Limited, payable at Chennai, within 10 (ten) working days from the date of receipt of Letter of Acceptance. The EMD shall be adjusted with the Security Deposit. (b) Any other amount pending with TACTV will not be adjusted under any circumstances, against the Security Deposit. (c) If the Security Deposit amount is not paid within the time specified, the EMD remitted by the tenderer shall be forfeited, besides cancelling the communication of acceptance of the Tender. (d) Security Deposit amount remitted will not earn any interest. 18. AGREEMENT The successful tenderer should execute an agreement as may be drawn up to suit the conditions on a non-judicial stamp paper of value, as prescribed in law on the date of remittance of Security Deposit and shall pay for all stamps and legal expenses incidental thereto. In the event of failure to execute the agreement, within the time prescribed, the EMD/SD amount remitted by the tenderer will be forfeited besides cancelling the Tender. 19. RELEASE OF PURCHASE ORDER After payment of Security Deposit and successful execution of the agreement, Purchase Order will be released for the initial requirement.the successful tenderer should supply and commission the services within 14 days from the date of receipt of Purchase Order from TACTV. Subsequent requirements will be intimated in the form of Letters of Intent and Purchase Orders will be issued on receipt of acceptance of LOI and payment of security deposit. 17 Signature of the tenderer with seal

21 20. EXECUTION OF WORK (a) The successful tenderer should nominate and intimate TACTV, an Account Manager or Single Point of Contact (SPOC), who should be responsible for effective delivery of work complying with all the terms and conditions. The successful tenderer should ensure that the Account Manager or the SPOC fully familiarizes with the Tender Conditions, Scope of Work and deliverables. (b) The physical connectivity for new Internet bandwidth circuit and Point to Point Leased line circuits should be completed within 2 weeks and up-gradation should be completed within 2 weeks from the date of placement of Purchase Order. 21. PAYMENT TERMS (a) Charges for Internet Bandwidth and Leased line circuits will be made at the end of every month. Billing cycle will commence from 1 st day of the month. (b) Bills will be honoured within 7 working days after submission of bills along with SLA reports and other supporting documents in complete shape. The successful tenderer should file relevant invoices as instructed by TACTV. (c) The successful tenderer hereby agrees to get the refund of incentive, excise duty and proportionate sales tax from concerned authorities and pass it on to TACTV if the Government or any other appropriate agency reduces the Excise duty or Sales tax or give incentive of any type retrospectively after supplying the Ordered items failing which action will be taken to recover the balance amount from the successful tenderer under the Revenue Recovery Act or any other relevant act. (a) Penalty amount, if any, of the previous ( month ) service period will be adjusted in the payment due to the successful tenderer for the succeeding period ( month) (b) All taxes and other levies imposed by Governments in India will be paid at actual as applicable. 18 Signature of the tenderer with seal

22 22. PENALTY (a) For Supply and Erection A penalty will be levied at the rate of 0.25% per day on the un-delivered portion of the material value subject to a maximum of 5% if the delivery has not been completed in full within the stipulated period subject to Force Majeure conditions. Besides such performance may entail blacklisting of the successful tenderer. If the successful tenderer fails to supply even after the lapse of one month after the stipulated date of delivery, then the orders/contracts are liable for cancellation and the EMD/ Security Deposit will be forfeited in addition to TACTV reserving the right to blacklist the successful tenderer for a period of three years from participating in TACTV s tenders. (b) For Non- fulfillment of Service Level agreement In case of non-conformity to SLA terms penalty will be deducted from the monthly payment as per the SLA agreement signed between Operating Agency and TACTV. 23. LIQUIDATED DAMAGES A penalty will be levied at the rate specified in the Clause 22 of the tender conditions, for non-fulfillment of delivery schedule subject to the Force Majeure conditions. Besides, the difference in cost of the items purchased through other technically qualified tenderers or any other alternative sources will be recovered as liquidated damages from the successful tenderer. 24. TERMINATION OF CONTRACT (a) Termination for default TACTV may without prejudice to any other remedy for breach of contract, by written notice of default with a notice period of 7 days, sent to the successful tenderer, terminate the contract in whole or part, (i) If the successful tenderer fails to deliver any or all of the goods/ services within the time period(s) specified in the Contract, or fails to 19 Signature of the tenderer with seal

23 supply the items as per the Delivery Schedule or within any extension thereof granted by TACTV; or (ii) If the successful tenderer fails to perform any of the obligation(s) under the contract; or (iii) if the successful tenderer, in the judgement of TACTV, has engaged in fraudulent and corrupt practices in competing for or in executing the Contract. In the event TACTV terminates the Contract in whole or in part, TACTV may procure, upon terms and in such manner as it deems appropriate, the goods and services similar to those and delivered and the successful tenderer shall be liable to TACTV for any additional costs incurred for such similar goods/ services. However, the successful tenderer shall continue the performance of the contract to the extent not terminated. (b) Termination for Insolvency TACTV may at any time terminate the Contract by giving written notice with a notice period of 7 days to the successful tenderer, if the successful tenderer becomes bankrupt or otherwise insolvent. In this event, termination will be without compensation to the successful tenderer, provided that such termination will not prejudice or affect any right of action or remedy that has accrued or will accrue thereafter to TACTV. (c) Termination for Convenience TACTV may by written notice, with a notice period of Thirty days sent to the successful tenderer, terminate the Contract, in whole or in part, at any time for its convenience. The notice of termination shall specify that termination is for TACTV s convenience, the extent to which performance of work under the Contract is terminated, and the date upon which such termination becomes effective. On termination, the successful tenderer is not entitled to any compensation whatsoever. 20 Signature of the tenderer with seal

24 25. GENERAL CONDITIONS (a) Conditional Tender in any form will not be accepted. (b) TACTV reserves the right to split the tender and award it to more than one supplier. (c) TACTV reserves the right to relax or waive or amend any of the tender conditions. (d) The right of final acceptance of the tender is entirely vested with TACTV and TACTV reserves the right to accept or reject any or all of the tenders in full or in parts without assigning any reason whatsoever. (e) After acceptance of the tender by TACTV, the tenderer will have no right to withdraw his tender. (f) This tender document (Ref. No.TACTV/9/ISP/Internet Bandwidth/2015 dated along with the enclosures, the offer submitted by the vendor, the negotiated and finalized terms and conditions and the implementation Work order respectively will form part of this contract. Wherever the offer conditions furnished by the Tenderer are at variance with conditions of this contract or conditions stipulated in the tender document, the latter shall prevail over the offer conditions furnished by the Tenderer. (g) In case of breach of any of the conditions of the contract by the during the contract period TACTV reserves the right to recover costs / liabilities arising due to such breach from the Tenderer. The total liability, however arising, of the Tenderer under the contract is limited to the amount payable to the Tenderer by TACTV under the contract. (h) Vendor shall indemnify and keep always indemnified Government of Tamil Nadu and / or TACTV against any losses, damages, expenses, costs which may be suffered / incurred by Government of Tamil Nadu and / or TACTV by reason of any commission and / or omission by the vendor in the execution of this contract. 21 Signature of the tenderer with seal

25 26. REJECTION CRITERIA 34.1 Tenders not submitted in the form specified as per clause 10 of the Tender document will be summarily rejected The tenders with the Technical Bid without EMD amount will be summarily rejected Tenders with incomplete information, subjective and conditional offers as well as partial offers will be liable for rejection Tenders with variance/contradiction between Technical Bid and Price Bid will be liable for rejection. If the offer does not meet the tender requirements, the Managing Director of TACTV reserves the right to reject offer without assigning any reason whatsoever Tenders without the signed copy of the Tender Documents in the respective envelopes will be summarily rejected Tenders submitted without audited financial Statements of the Tenderer for previous three years are liable for rejection In addition to the above rejection criteria, if there is non-compliance of any of the other clauses of this Tender Document, the tender is liable for rejection TACTV reserves the right to accept or reject any or all the tenders in part or in totality or to negotiate with any or all the tenderers or to withdraw / cancel / modify this tender without assigning any reason whatsoever. 27. ARBITRATION (a) In case of any dispute in the tender, including interpretation if any on the clauses of the tender or the agreement to be executed, the matter shall be referred by the TACTV/ tenderer to an Arbitrator who shall be selected by the tenderer from the panel of Arbitrators approved by TACTV and communicate the same within 15 days, from the date of receipt of the letter from the TACTV along with the panel. If there is no 22

26 reply from the tenderer within 15 days, TACTV shall choose any of the Arbitrators from the panel of Arbitrators referred to above. The remuneration for the Arbitrator and other expenses shall be shared equally by TACTV and the tenderer. (b) The venue of the Arbitration shall be at the Head office of the TACTV, Chennai. The decision of the Arbitrator shall be final and binding on both the parties to the Arbitration. (c) The Arbitrator may with the mutual consent of the parties, extend the time for making the award. The award to be passed by the Arbitrator is enforceable in the Court at Chennai city only. 28. JURISDICTION OF THE COURT Any dispute arising out of non-fulfillment of any of the terms and conditions of this Tender/Agreement or any other dispute arising out of the arbitration award will be subject to the jurisdiction of the Courts in the City of Chennai only. We agree to the above terms and conditions. SIGNATURE OF THE TENDERER DATE : NAME IN BLOCK LETTERS: DESIGNATION: ADDRESS: 23

27 ANNEXURE I 1.0 MINIMUM TECHNICAL SPECIFICATIONS 1.1 INTERNET BANDWIDTH 1. Internet Bandwidth asked for is uncompressed symmetric Bandwidth in 1:1. The Internet bandwidth is to be provided on fiber cable only end to end, comprising of International segment, Backhaul and the Local Loop. 2. Termination of the bandwidth / Leased lines on 10GE/GE/FE interfaces would be done at the TACTV gateway routers in specified TACTV locations. The following shall be standard Interfaces: Fast Ethernet (Full Duplex) / Gigabit Ethernet / 10G Ethernet. The above Interfaces are to be provided as per the requirements of TACTV. 3. Providing last mile connectivity (dual path ) for Internet bandwidth till respective TACTV premises on optical fiber will be the responsibility of the bidder. Associated equipment like Modems / Converters or any such requirement shall be provided by the bidder only. The bidder shall include any other hardware / software item required for installing and commissioning the system, at no extra cost to TACTV. Delivery on Optic Fiber is mandatory. 1.2 POINT TO POINT LEASED LINE CIRCUITS INTER CITY LINKS a. Leased lines between TACTV Chennai and Aggregation POPs at Coimbatore / Trichy / Madurai / Tirunelveli and other District Headquarters shall be provided using dual ring fiber directly at TACTV locations. Getting clearances for the Last Mile connectivity is in the scope of the bidder. b. Inter city Leased lines may be provided by Microwave links under exceptional circumstances in remote areas with the concurrence of TACTV. Microwave link is acceptable as last mile solution to reach TACTV POPs in rural towns, in case there are 24

28 genuine problems in extending fibre. c. Intercity links are those links where service provider requires to transition from local circuit to Trunk circuit to reach B end INTRA CITY / TALUK / CITY LINKS Intra city links are understood to be the point to point links where circuit can be established locally without having to transition to Trunk circuits. TACTV will require bidder to provision Point to Point Intra city Circuits from the TACTV POP/NOC to the required BTS/Fiber Location within the same geography. Cable operator will take fiber connection from BTS to his control room. Bidder will provide required ports in the MUX to be positioned in TACTV POP so that Intra city circuits can be provisioned. In the event that TACTV requires multiple fiber egress from a BTS / Fiber location, the bidder shall provide an external fiber management panel (within the secured area of the BTS). This panel shall be under the control of TACTV. Any required permissions for installation access and operation shall be obtained by the bidder. The bidder shall be responsible for getting permissions from the BTS operator (if not owned by the operator) for access by TACTV personnel when required. At each BTS / Fiber location ( B - end of Inter City and Intra City Point to Point Leased Line circuits), a minimum of 2u rack space and power of 250 watt shall be provided at no extra cost. The rates for additional rack space and power may be quoted in the price bid. 2.0 OPERATIONS AND MANAGEMENT OF INTERNET BANDWIDTH AND POINT TO POINT LEASED LINE CIRCUITS 1. The Operation & Management of International Bandwidth shall be carried out from respective NOC locations of the Suppliers. 2. The Operation & Management of International Bandwidth shall include but not be limited to the following: 25

29 2.1 24/7 Help desk support to TACTV. 2.2 Submission of Performance Reports to TACTV 2.3 Online performance reporting facility and provide online service information portal to monitor status and performance of links 3. Performance Reports shall be submitted to TACTV as follows: 3.1 Monthly Performance Report indicating routine and specific jobs done. Report shall also contain detailed status of various SLA / performance parameters monitored during the previous month. 3.2 Adhoc and scheduled reports required by Regulatory Authorities (i.e.trai etc) and MIS reports as per requirement of TACTV shall also be Generated. The bidder is required to submit the reports as and when required by TRAI in required format. The supplier is expected to furnish necessary information about the service being offered this may be necessary for TACTV to meet the regulatory requirements. 4. The support from the selected bidder shall also include advice regarding any specific action to be taken by the TACTV Management as and when required, with regards to performance optimization, security, capacity planning etc. 5. Supplier shall provide a Toll Free Telephone line facility for service support activities 6. Service support shall meet the applicable SLA parameters. 7. As per the directions/instructions of Regulatory Authorities (i.e. TRAI / DOT), the blocking of particular Sites / URLs may be followed from time to time as forwarded by TACTV. 26

30 8. The selected bidder shall announce the networks / Prefixes of TACTV (Autonomous System) and its customers (Autonomous System) if any, based on TACTV requirements. 3.0 SERVICE LEVEL AGREEMENT 3.1 Quality of Service for Internet Leased lines 3.1(a) The minimum guaranteed throughput shall be 99% while the other service parameters like Latency, Packet loss shall be measured at a maximum of 90% loading only. 3.1(b) Service Availability: - The Internet Bandwidth provider shall guarantee that the services will be available for 99.5% or better, of time averaged over a period of 30 days with reference to each parameter namely Throughput, Round Trip delay & Packet loss. Non Conformance to the limits of any of the parameters shall be counted towards service unavailability. 3.1(c) The round trip latency to the various locations across the globe should not exceed the following values (in milliseconds) as given below for Internet bandwidth: Hong Kong London/ Singapore New Japan SanJose Amsterdam Sydn Europe York ey Chennai TACTV location 27

31 Leased line latency from TACTV Chennai location to any fiber location / BTS: less than or equal to 60 ms. Additional latency of 10ms shall be allowed in the case of any microwave last mile provided with the concurrence of TACTV. 3.1(d) The round trip latency will be measured by the supplier and the reports should be made available to TACTV. 3.1(e) The average packet loss on the circuits should be less than 1%. It shall be measured by computing the percent packet loss of one thousand pings (with acknowledge for each previous packet received) of sixty four bytes each. This confirmed packet loss is the measurement of packet loss from TACTV router to the router of Internet backbone tier-i carrier in USA / Europe / Australia / other Asia-Pac countries. Packet loss is desired to be measured online using relevant software tool and online reports are expected. 3.1(f) The packet loss shall be measured up to TACTV gateway routers. Notwithstanding the above, if over utilization of TACTV router resource causes the packet loss; such packet loss shall not be considered for SLA calculation. The bidder shall furnish quality of all the relevant service parameters, which shall be ensured for these links. There should be 100% redundancy in case of failure of media carrying international Internet bandwidth. 3.1(g) The distinction between Service Availability and Service Outage shall be made as per the parameters below: Parameter Service Availability Service Outage Throughput 99% of the contracted Less than 99% of the Bandwidth throughput continuously for 30 minutes, upon full loading from the Purchasers side. Round Trip Delay As per Table More than the latency figures specified in classes 3.1(c) above continuously for 28

32 duration of 30 minutes. Packet Loss Less than 1% Greater than 1% continuously for 30 minutes If any of the above service parameters varies intermittently for periods less than 30 minutes between acceptable to unacceptable & if such behavior is observed continuously for one hour then the service would be considered to be unavailable for one hour. The duration for which SLA performance parameters are not met will be taken towards service outage and penalty/credit calculations. S. No. Uptime of internet leased line/leased line Circuits Penalty leviable % of Charges payable monthly % or more 0% 2 >=98.5% to < 99.5% 5% 3 >=97.5% to < 98.5% 10% 4 >=96.5% to < 97.5% 15% 5 >=95.5% to < 96.5% 20% 6 >=90.0% to < 95.5% 25% 7 >=90.00% 100% i.e. no amount payable for given month 4.0 SLA MANAGEMENT PROCESS 4.1 UPTIME a) The service uptime refers to availability of service provided by supplier right up to the router port of TACTV location. Failure at any segment via international link, backhaul, local loop connecting up to TACTV s router is the responsibility of supplier. b) The following are exclusions for availability calculations: 29

33 (1) Service unavailability due to failure of any of TACTV s equipment connected to this link (2) Power supply failure at TACTV premises affecting the power supply to supplier s equipment providing the service (3) Service unavailability due to physical damage / disturbance to the equipment and cables of supplier caused by TACTV employees. (Supplier has to substantiate such claims) c) During any instance of service outage, for the purpose of availability calculation, the duration of corresponding trouble ticket shall be considered Throughput (a) The throughput shall be measured upon pumping more than 99% of the bandwidth. In case the line does not take 99% of the contracted bandwidth continuously for 30 minutes, the service shall be considered unavailable. (b) Service unavailability for lack of throughput shall be equal to the duration of corresponding trouble ticket Latency: (a) The latency measurements for all the specified locations shall be measured at intervals of 30 minutes and the same shall be made available on the CNM portal. b) In case of any deviation from the committed latency to any of the destinations continuously for duration of more than 30 Minutes, the service is considered as unavailable. The unavailability period shall be equal to the duration of the corresponding trouble ticket opened and has to be added to the overall unavailability for the month. c) If TACTV observes high latency, route trace shall be sent and a trouble ticket shall be opened. (Trace shall be done if ICMP port on supplier s routers at designated Pop s are open) d) In case of any dispute, each of the parties should substantiate their claim through recorded trace-routes. 30