!/*Ffiij 3 Department of Higher Education, Panchkula, Haryana
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rom. Haryana' Director Higher Education' shik;;'s'o'n' Sector-S' Panchkula' To Colleges in the State The Principals of Government (as Per list enclosed) (2) Memo No. 2911-2018 Co' Oated Panchkula the63 $ttq Subiect:lnternetleaselineconnectivitytoGovernmentcolleges. above' Kindly refer to subject cited TheDepartmentofHigherEducationistakingvariousinitiativestoboostdigitalw,th w,r be redundant without connectivity in a, co*eges. This infrastructure and smart rearning BSNL for has signed an agreement with bandwidth. Accordingly, department adequate this regard, government coreges(as per *st attached).rn providing 50 MBps rease rine to 104 of agreement and opticar Fiber cabre (oFC). Detairs B'NL wi, be connecting each corege with annexed herewith' expenditure of laying the OFC is ltmaybenotedthatalltheexpenditureforannualrecurringchargefor50Mbps arnd instailation of network routers and accessories rease rine, one_time oFC raying charges, may be rnet borne by each college. This expenditure AMC from second years onwards will be out of computer funds available in the college' Commercials: Rs.2,88,136.00 Annual Recurflng charges for 50 Mbps lease line ffiuter (with 1-Year warrantY Rs. 82,630.00 One time SITC charges per Medla uonvenol Rs. 2800.00 (FCD @layins: As per the list attached. AMC Charges (2nd year onwards): @11.SYo of equiPment cost ln case of any clarification, you are requested to get in touch with following representativesof BSNL:- i. Mr. Sandeep Kohar, Sub Divisional Engineer, BSNL: 9416057200 ii. Sh. Arun Kumar, JTO,BSNL: 9467769300 iii. Sh. Arun Bhardwaj, JTO, BSNL : 9416210621 iv. Sh. Karamveer, JE, BSNL: 9466600567 ,!/*ffiiJ 3 Department of Higher Education, Panchkula, Haryana A co.py of above is fonryarded to following for information and necessary action: i. PA to Principal Secretary Higher Education, Haryana ii. PA to Director Higher Erlucation, Haryana iii. Mr. Sandeep Kohar, BSNL for submitting site visit plan for visiting colleges. ,"$utrrilf Department of Higher Education, Panchkula, Haryana SERVICE LEVEL AGREEMENT Aufir^J: This Memorandum of Understanding is made and entered into on this the Xh dav,_---t-. of 2019. BETWEEN The Bharat Sanchar Nigam Limited, a Company under the Companies Act, 1956 and having its Registered Office at Bharat Sanchar Bhawan, Harish Chandra Mathur Lane, Janpath, New Delhi-110001 (hereinafter referred to as'BSNL', which expression, unless repugnant to the context or meaning hereof, shall include its successors, administrators or permitted assignees) and represented by its General Manager Telecom District, Sonipat Haryana. AND The Higher Education Department Haryana (Higher Education Department, Panchkula / Government Colleges, Haryana), which is looking after higher education in the state of Haryana & is the parent departmen.t for all government colleges of Haryana and having its office at Shiksha Sadan, Ground & 1st Irloor, Sec - 5, Panchkula, Haryana (134105) Haryana India. The Department of Higher Education / Government Colleges of Haryana, (hereinafter referred to as Higher Ilducation Department /Government Colleges, Haryana which expression shall unless repugnant to the context, include its successors in business, legal representatives and administrators or permitted assigns) of the OTHER PART. The Higher Education Department Haryana and BSNL are hereinafter individually referred to as 'Party' and collectively as 'Parties'. WHEREAS:- A) BSNL is engaged in providing all types of telecom services all over the country (except Delhi & Mumbai). B) BSNL is leading telecom Service provider in India. C) BSNL having Category A ISPAILD/ILD license with a network spread across India for providing the required type of connectivity and services within time frame, quality, security and reliability level. D) BSNL deploys; internet connectivity services for their customer. BSNL is reliable Service Provider to provide the connectivity solution. BSNL will provide and own the End to End Solution delivery and maintenance comprising of: 1) Complete Link Provisioning, Documentation and Installation; 2) Complete supply, installation and maintenance of the Hardware like Routers, l t , CPE's, FCD's etc; t'Y 3) Managetnent of Links and Equipment. :Tin'1he w;:x""::ffi:I;H::1J,T,';::::T:.:Hffi::,:,ffi 1. DEFINITIONS AND INTERPRETATION: 1.1 In this Agreement and in the Background (above), unless inconsistent with the context or otherwise specified, the following expressions shall have the following meanings: . a. "Agreement" means this Agreement together with all Schedules; b. "Authority" means any competent govemmental or regulatory authority in India. c. "Authorized Representatives" shall be the persons as mentioned in clause 17 of this , Agreement; "' Services . d. "Charges" means the applicable charges specified in the Schedule 2 for any and/or Deliverables provided by BSNL pursuant to the Agreement; e. o'Competent Authority" means any local, national body which has jurisdiction over the Parties or all or part of the subject matter of this Agreement; f. "Effective Date" means the date set out at beginning of this Agreement; party g. "Force Majeure "means events which are beyond the reasonable control of the claiming Foice Majeure which occur after the Effective Date. Events of Force Majeure include but are noi lirnit.d to governmental act, strikes, lockouts, war, the threat of imminent war, riots, act of terrorism, civil commotion, fires, explosions, storms, floods, lightning, cable cuts, earthquakes and other natural calamities.; h. "insolvency Event" means, in relation to either party : when a Party is unable to pay its debts when due, or any of the following happens to a Party under its national laws for the protection of debtors (or like circumstances arise or like actions are taken): (a) the Party is determined to be bankrupt or insolvent or the process to make this determination has started; (b) the Party has a receiver, administrator or liquidator appointed for it; (c) the Party makes an arrangement or composition with, or an assignment for the benefit ol its creditors; or (d) the Party goes into either voluntary (other than for reconstruction or amalgamation) or compulsory liquidation i. "Services" means the services provided by BSNL to The Transport Department Haryana pursuant to this Agreement as set out in the Schedule 1 of this Agreement; 1.2 The headings and footnotes in this Agreement are for ease of reference only and shall not affect its interpretation or construction. 1.3 Any phrase introduced by words including, include, in particular or any similar word or expression is illustrative only and is not intended in any way to limit the sense or interpretation of the preceding words. 1.4 Any reference to either gender includes the other gender. l.5Any ref-erence to "writing" includes printing, typing, Iithography and other means of reproducing words in any visible form. 2. CONTRACT PERIOD The validity of this contract shall be for Three year from the date of commissioning of the circuit. The contract period can be extended by mutual consent of both sides further upto two years. 3. GENERAL CONDITIONS 3.1 During the period of MOU the BSNL shall ensure proper functioning of leased circuits for an uptime of 98'/o (Ninety Eight per cent Quarterly) Uptinte is defined as below: Uptime (in %) = Total no. of Hours in the year * Total Downtime (in Hours) * 100 Total No. of Hours in the year 3.2 The first month of the MOU (entered for the first time) will be taken as 'proving-in'period. Thor,rgh BSNL shall maintain the circuit to the highest possible efticiency during this period, no rebate due to faulty period as mentioned in clause 7 shall be applicable. 3.3 If any one end of the circuit is shifted to other Locations (other end remaining the same),BSNL will shift the said Ckts on new Location on chargeable basis. The charges for the same r,vill be raised by BSNL to Higher Education Department ,Panchkula /Govemment Colleges, Haryana, and after payment of shifting charges of both hardware and media r . involved, then only the ckts will be shifted. W ,,r 3,4rThe Higher Education Deparlment /Government Colleges, Haryana, shall provide reliable, -t -,1 uricrl.0tlsgulated, uninterrupted A/C Power Supply for working of the Customer side Equipment's l\ ,/ (CPE) all the time as provided by the BSNL. Higher Education Department /Government $yV Colleges, Haryana shall also keep the CPE powered on round the clock. If for any reason, AGIVI (trans.)Ef'pE is required to be switched off, the Higher Education Department/Government Colleges, BSNL Sonepatgaryana shall intimate at the designated telephone number of BSNL NOC Number. 3.5 In case there is any failure of network due to inability of Higher Education Department /Government Colleges , Haryana, to take precautions as mentioned in para 3.4 then for such downtime BSNL shall not be held accountable. 3.6 For the purpose of measurement, "downtime" or "fault duration" constitutes any period of time during which the Leased Circuit is unable to transfer data/ IP traffic due to the reasons assignable to BSNL and its network only. Any "downtime" and "fault duration" and its occurrence due to reasons assignable to Higher Education Department /Govemment Colleges, Haryana, and its network shall not be constituted as a cause of downtime or fault ,r:tl;l*ffi i:'illx'*:a*an,v :'iilij;.,ffi L#lffiirffi . power outages at BSNL Exchange side only where Higher Education Department /Government colleges, Haryana involvement is not there. o Human error (in BSNL); . Process failure (in BSNL); and Downtime ends upon the successful transmission of data/ IP Traffic to and from such site or circr.rit being shown transmitting data as per prescribed testing procedure of BSNL. Downtime report and login services come under Managed Services which are provided by BSNL through the empanelled System Integrators (SI). The charges for managed services will be extra @ Rs 10400 per annum DETERMINATION OF FAULT DURATION 4.1 Fault duration of up to thirty minutes at a stretch shall be excluded from fault duration for the purpose of calculating availability (uptime) of the circuit.