Eoi for Selection Of

Scanned by CamScanner Scanned by CamScanner MILLENNIUM TELECOM LTD. (A SUBSIDIARY OF MAHANAGAR TELEPHONE NIGAM LIMITED)

E.O.I No: EoI/MTL/COO/Tender/MPLS_UJVN/2018-19 Dated: 31/08/2018

REF: E.O.I No: EoI/MTL/COO/Tender/MPLS_UJVN/2018-19 Dated: 31/08/2018 EOI for selection of a Telecom Service Provider (TSP) to work with MTL on back-to-back basis arrangement, to provide bandwidth connectivity on MPLS VPN network (more than 36 locations including DC&DR) and Internet Leased Line for UJVN Limited, Dehradun, Uttarakhand.

Dear Sir,

Please find enclosed the following bid documents in original to be used for selection of Telecom Service Provider (TSP) to work with MTL on back-to-back basis arrangement, to provide bandwidth connectivity on MPLS VPN network (more than 36 locations including DC&DR) and Internet Leased Line for UJVN Limited, Dehradun, Uttarakhand.

S. No. TITLE Section No. Page No. 1 Notice Inviting EOI Section -I 2 2 Instructions to bidders Section -II 4-16 3 Formats Of Documents To Be Section – III 17-34 Submitted 4 List of Sites of UJVNL Section - IV 35-39 (Annexure A)

Your offer complete in all respects as per enclosed documents must reach latest by 12.00 Hrs. of 14/09/2018 at the following address:

The Asst Vice President, Millennium Telecom Limited, Cabin No 5110, 5th Floor, MahanagarDoorsancharSadan 9,CGO Complex, Lodhi Road, New Delhi-110003

The EOI shall be opened at 12.30 Hrs. on 14/09/2018. The representatives of the bidders who wish to be present during bid opening may kindly make it convenient to attend the same.

Thanking you, Yours faithfully,

Chief Operating Officer, Millennium Telecom Limited Encl: Bid documents Signature With Seal As a Token of Acceptance of all Clauses Page 1 of 39

SECTION – I

NOTICE INVITING EOI

E.O.I No: EoI/MTL/COO/Tender/MPLS_UJVN/2018-19 Dated:31/08/2018 a) On Behalf of Chief Operating Officer (COO), Millennium Telecom Limited (MTL), sealed offers are invited for selection of a Telecom Service Provider (TSP) to work with MTL on back-to-back basis arrangement, to provide bandwidth connectivity on MPLS VPN network (more than 36 locations including DC&DR) and Internet Leased Line for UJVN Limited, Dehradun, Uttarakhand. b) Sealed Offers are invited from bidders fulfilling the eligibility criteria mentioned in the EoI. c) EOI fees in the form of Demand Draft /of Rs. 2,360/- (Rs.Two Thousand Three Hundred Sixty Only) drawn on any scheduled bank in Delhi, in favour of Millennium Telecom Ltd, payable at Delhi( Non-Refundable). d) EMD to be deposited: EMD in the form of Demand draft of Rs.1,00,000/- (Rs. One lakh only) to be deposited along with bid issued by any scheduled bank in favour of Millennium Telecom Ltd payable at Delhi.

(e) EOI document can also be downloaded from the website www.etender.mtnl.net.in, www.eprocure.gov.in, www.mtl.in and www.mtnl.in and the EOI fee has to be attached with the offer documents.

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Summary:

1 Name of Work EOI for selection of a Telecom Service Provider (TSP) to work with MTL on back- to-back basis arrangement, to provide bandwidth connectivity on MPLS VPN network (more than 36 locations including DC&DR) and Internet Leased Line for UJVN Limited, Dehradun, Uttarakhand.

2 Cost of the EOI fee Rs. 2,360/- (Rs.Two Thousand Three Hundred Sixty Only) 3 EOI Document Can be Downloaded from www.etender.mtnl.net.in, www.eprocure.gov.in, www.mtl.in and www.mtnl.in 4 EMD to be deposited along with Rs. 1,00,000/- (Rupees One Lakh) in the form of bid DD in favor of “Millennium Telecom Ltd.” payable at Delhi. 5. Office of issue: O/o COO, MTL, 4Th FLOOR, MAHANAGAR DOORSANCHAR SADAN, 9,CGO COMPLEX, NEW DELHI- 110003 6. EOI Document available from 10Hrs. on 01/09/2018 7. Feedback/suggestions in written 12 Hrs. on 06/09/2018 from Bidder’s upto 8 Clarification issued upto 14 Hrs on 10/09/2018 8. Last Date & Time of Submission of 12.00Hrs. on 14/09/2018 EOI 9. Date & Time of opening of EOI 12.30Hrs. on 14/09/2018

N.B. MTL reserves the right to change the above dates at its discretion.

Chief Operating Officer, Millennium Telecom Limited

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SECTION – II

INSTRUCTIONS TO BIDDERS

1. INTRODUCTION

Millennium Telecom Limited (MTL) invites Expression of Interest (EoI) for selection of Partner in executing a project for Uttarakhand Government ie. procurement of MPLS VPN WAN connectivity for connecting various plants/offices of UJVN Ltd. across Uttarakhand with DC&DR & 100 Mbps (1:1) ILL at Ujjwal, Dehradun.

This Expression of Interest (EoI) is floated as Millennium Telecom Limited (MTL) is listed as “Executing Agencies of Uttarakhand Government” to execute IT related projects of Uttarakhand Governemnt vide Uttarakhand Government Order No. /XXXIV/2015 dated 15.01.2016.

2. Scope of Work

Bidders are required to provide bandwidth connectivity on MPLS VPN network (more than 36 locations including DC&DR) and Internet Leased Line for UJVN Limited, Dehradun, Uttarakhand. Brief Scope of work (SoW) are as below:

a) UJVNL wants to implement corporate wide WAN on MPLS VPN technology across all of its offices/plants/sites for facilitating the End Users to access SAP application installed at a remote and hired Data Centre & Data Recovery Centre and also run the Internet services & future IT applications like VoIP, Video Conferencing etc. The list of all the sites along with respective bandwidth requirement is enclosed as Annexure – A (under Section – IV). b) The MPLS VPN links at different sites will be connected to respective LANs. UJVNL also requires a 100 Mbps (1:1) at their Head Office at “Ujjwal” Dehradun. The network services are initially required for a period of 4 years.” c) Adherence of Service Level Agreement (SLA). d) Ensuring secure connectivity across locations as detailed at Annexure –A e) Bidder to ensure last mile infrastructure to support max bandwidth requirement for each location from day one. f) Management of End to End Connectivity at all the locations. g) To provide Router and Modem with all requisite interfaces and with advanced built-in security encryption features. h) To provide any additional hardware if necessary for connectivity and adherence to SLA. i) Any other SoW on back-to-back basis mutually agreed.

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3. ELIGIBILITY CONDITIONS FOR BIDDERS:

The following criterion shall be met by the Bidders who intend to participate in this EOI:

Sr. Eligibility Criteria Documents to be submitted by bidders No. 3.1 Bidder should be a company registered in a) Certificate of Incorporation from India under the Companies Act, Registrar of Companies along with 1956/Companies Act, 2013, as amended from Memorandum and Articles of time to time, and should be in existence for at Association. least 5 years as on the date of bid submission. b) Copy of PAN c) Company Profile

3.2 The Bidder should have a valid GST Copies of relevant GST registration registration certificate. certificates.

3.3 The bidder should be a layer 3 MPLS VPN Copy of the documents i.e. License service provider under the licenses of agreement/certificate etc. Government of India or a National Long Distance (NLD) Operator having its MPLS VPN network on its own fiber. 3.4 Bidder should have its PoP in state capital of Contact Details of the office / Support Uttrakhand, India. Center

3.5 The bidder should have experience in MPLS Copy of purchase orders (PO) or VPN network connectivity. completion certificate of the project.

(Minimum of 2 projects)

3.6 The bidder should have capability to connect Self-certification on company letter head minimum 90% locations through their own by authorized signatory. network in the last miles. For last mile connectivity, only maximum 10% RF link is allowed which may be arranged by from any other party who has its office in state capital of Uttarakhand. 3.7 Total average turnover of the company should A certificate issued by CA (as per be Rs. 5 Crore or more in last 3 years. Format C) has to be attached along with Balance Sheet, Profit & Loss account and ITR for the same for FY 2015-16, FY 2016-17 and FY 2017-18.

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3.8 The bidder should not be black-listed / Affidavit on Rs. 100/- Stamp paper Holiday Period by any central/State Govt. ministry or PSU or department.

3.9 The near relatives of all MTL / MTNL Near Relative Certificate as per Format employees either directly recruited or on F. deputation are prohibited from participation in tenders and execution of works in the different units of MTL /MTNL.

4. COST OF BIDDING: 4.1. The Bidder shall be responsible for all the costs associated with the preparation of its Proposal and its participation in the bidding process. MTL will not be responsible or in any way liable for such costs, regardless of the conduct or outcome of bidding. 4.2. MTL shall have no liability in any manner in this regard if it decides to terminate the process of short-listing for any reason whatsoever.

5. CLARIFICATION OF BID DOCUMENTS 5.1. A prospective bidder, requiring any clarification on the Bid Documents shall notify the MTL in writing or by Email/Fax at the MTL’s mailing address indicated in the invitation of Bid. The MTL shall respond in writing to any request for the clarification of the Bid Documents, which it receives latest by 12 hrs of 14/09/2018. Copies of the query (without identifying the source) and clarifications by the MTL shall be uploaded on MTL’s website. 5.2. Any clarification issued by MTL 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. 5.3. All correspondence/ enquiries should be submitted to the following in writing by post/courier/e-mail: ATTN. OF: The Chief Operating Officer, ADDRESS: Millennium Telecom Limited, Room No. 4208, 4th Floor, Mahanagar Door Sanchar Sadan, 9, CGO Complex, New Delhi-110003 Contact No.: 011-2432 2620 E-mail id: [email protected]

6. UNCONDITIONAL BIDS: 6.1. Bidders may note that MTL will not entertain any deviations to the EOI Document at the time of submission of the Proposal or thereafter. The Proposal to be submitted by the Bidders will be unconditional and unqualified and the Bidders would be deemed to have accepted the terms and conditions of the EOI Document Signature With Seal As a Token of Acceptance of all Clauses Page 6 of 39

with all its contents. Any conditional Proposal shall be regarded as non-responsive and would be liable for rejection.

7. AMENDMENT TO BID DOCUMENTS: 7.1. At any time, prior to the date of submission of bids, the MTL 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. 7.2. The amendments shall be posted on the web-site and these amendments will be binding on them. 7.3. In order to give prospective bidders reasonable time to take the amendments into account while preparing their bids or for any other reason, the MTL may, at its discretion, extend the last date / time for the submission of bids suitably.

8. EOI FEES and EMD 8.1. While submitting the EOI response bids, the bidders have to attach a Demand Draft / Pay Order of Rs. 2,360/- (Rupees Two Thousand Three Hundred Sixty Only) payable at Delhi in favour of Millennium Telecom Limited. This has to be attached with the EOI response documents. 8.2. The EOI fees are non-refundable. EMD for an amount of Rs1,00,000/- (One lakh only) in the form of Demand Draft in favour of M/s MTL payable at Delhi at the time of submission of bid. 8.3. The MSEs (Micro & Small Enterprises) units/bidders registered with MSME bodies are exempted from EOI processing fee and EMD. However, MSEs (Micro & Small Enterprises) units/bidders registered with MSME bodies shall submit the following: a) A proof regarding current registration valid for the services to be provided as contained in the EOI under reference. b) The enlistment certificate issued by MSME bodies should be current & valid on the date of submission of this bid. 8.4. The EMD of the unsuccessful bidder will be returned as promptly as possible. 8.5. The successful bidder’s EMD will be discharged upon the bidder’s acceptance of the offer of MTL and furnishing the performance security. The EMD 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.

9. PERIOD OF VALIDITY OF BIDS 9.1. The Proposal shall indicate that it would remain valid for a period not less than 150 days from the Proposal Due Date.

10. BID OPENING BY MTL: 10.1. The MTL will open the EOI offers, in the presence of authorized bidder’s representatives who choose to attend, at the date and time specified in NIT. The bidder’s representatives, who are present, shall sign an attendance register. Authority Signature With Seal As a Token of Acceptance of all Clauses Page 7 of 39

letter to this effect shall be submitted by the bidder/representative before they are allowed to participate in bid opening. 10.2. A maximum of two representatives for any bidder shall be authorized and permitted to attend the bid opening. 10.3. The Bidder’s name, modifications, bid withdrawal and the presence or absence of the requisite EOI fee and such other details as the MTL, at its discretion, may consider appropriate will be announced and recorded at the time of bid opening. The date fixed for opening of bids, if subsequently declared as holiday by the MTL, the revised date of schedule will be notified. However, in absence of such notification, the bids will be opened on next working day, time and venue remaining unaltered.

11. CLARIFICATION ON SUBMITTED BIDS: 11.1. To assist in the examination, evaluation and comparison of bids, the MTL may, at its discretion ask the bidder for any clarification(s) of its bid OR to give their presentation on their offer, to explain their capability to undertake the project and to respond to any question from MTL. The request for clarification and the response shall be in writing and no change in the EOI offer shall be sought, offered or permitted. 11.2. However no post Bid clarifications at the initiative of the Bidder shall be entertained.

12. EVALUATION: 12.1. The Bids will be opened on a pre-notified date and time in the presence of representatives of the bidders. 12.2. In first step MTL shall evaluate the bids to determine whether they are complete, whether required EOI fees and EMD have been furnished, whether the documents have been properly signed and whether the bids are generally in order. EOI without EOI processing fees and EMD would be summarily rejected. However, MSEs (Micro & Small Enterprises) units/bidders registered with MSME bodies is exempted from EOI processing fee and EMD. 12.3. In the second step of evaluation, Technical proposal will be evaluated as per the requirements of EOI and its subsequent corrigendum’s/clarifications especially w.r.t eligibility conditions. MTL will also determine the substantial responsiveness of each bid to the EOI Document as follows: a) It is received by the Proposal Due Date. b) It is signed, sealed, and marked as stipulated in the EOI documents. c) It contains the information and documents as requested in the EOI document. d) It contains information in formats specified in the EOI Document. e) There are no inconsistencies between the Proposal and the supporting documents.

12.4. Final selection will be made on the basis of lowest cost from amongst the technically suitable offers. For the purpose of relative commercial ranking of offers, all inclusive prices (Annual Charges, Taxes etc.) offered in the Price Schedule (Format G ) of the Tender, as well as other costs seen to be arising as a part of offer due to taxes or duties based on the offer will be reckoned. 12.5. The bidder whose bid cost is lowest (L1 bidder) will be chosen as successful bidder for pre tie-up to work with MTL on back to back basis. On the basis of price quoted by the successful bidder, MTL will submit its budgetary proposal to UJVN Ltd with loading of Signature With Seal As a Token of Acceptance of all Clauses Page 8 of 39

Project Management Charges by MTL. However, under no circumstances successful bidder would be allowed to increase the quoted price.

13. CONTACTING THE MTL: a) Information relating to the examination, clarification and comparison of the Proposals shall not be disclosed to any bidder or any other persons not officially concerned with such process until the selection process is over. The undue use by any Bidder of confidential information related to the process may result in rejection of their bid. b) No bidder shall try to influence the MTL 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 MTL, the bidder’s bid may be cancelled. c) Any effort by a bidder to modify his bid or influence the MTL, in the MTL’s bid evaluation, bid comparison or contract award decisions, may result in the rejection of the bid.

14. MTL’S RIGHT TO ACCEPT ANY BID AND TO REJECT ANY OR ALL BIDS

The MTL reserves the right to accept or reject any bid, and to annul the bidding process and reject all bids, at any time prior to award of contract without assigning any reasons whatsoever and without thereby incurring any liability to the affected bidder or bidders on the grounds of the MTL’s action.

15. AWARD OF CONTRACT: PLACEMENT OF ORDER

The MTL shall consider placement of offer (APO) to successful bidder for pre tie-up to work with MTL on back-to-back basis arrangement ie. Provide bandwidth connectivity on MPLS VPN network (more than 36 locations including DC&DR) and Internet Leased Line for UJVN Limited, Dehradun, Uttarakhand. Within a maximum of 07 days from the date of issue of the APO, the successful bidder shall acknowledge the receipt of LOA (Letter of Acceptance). Final PO shall be place after acceptance of the proposal by UJVNL.

16. Service Performance & Deliverables

16.1 The bidder must have a state of the art Network Management Centre of Network Operation Centre to ensure complete monitoring and process driven support on 24x7x365 basis to enable trouble shooting of all types of problems.

16.2 The bidder should provide 24/7 Help desk support to UJVNL and carry out Proactive maintenance, management and monitoring of the Internet Bandwidth & MPLS VPN links to meet the desired SLA as specified in Clause 16.5 below. The bidder must also specify in the bid document the methodology for problem management, resolution and escalation.

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16.3 The bidder should provide monitoring tools at UJVNL for Bandwidth/ Usage/Performance monitoring on real time basis. The bidder should be capable of providing Bandwidth usage reports, Performance reports on Real time/Hourly/Daily/ Weekly/ Monthly basis & Network latency reports.

16.4 The Internet connectivity will be deemed as available provided all the Qos parameters defined below are also met.

16.5 Quality of Service (Qos) Parameters:- ✓ Port availability:- 99.5% calculated on monthly basis ✓ Committed information Rate (CIR):- 100% ✓ Packet Loss; less than equal to 1% ✓ Round trip latency to the various locations provided < 150 millisecond ✓ Bit error rate (BER):- 10-7 or better

17. Provision of Public IP’s :

As per requirement of UJVNL.

18. Planned Downtime

There shall however, be a provision for planned maintenance activity in the service provider’s network for which the service provider shall inform UJVNL / MTL at least 5 working days in advance. The maximum down-time for such maintenance shall not exceed 4 hours in six months with a single block not exceeding 2 hours at a stretch. The downtime period taken for planned maintenance activity shall not be reckoned for calculating the Uptime availability of the services.

19. Service Level Agreement:

The bidder will have to meet SLA Parameters as mentioned above. The bidder shall sign the SLA with MTL to provide the minimum service availability of 99.5% on monthly basis and meeting the Qos parameters defined above.

20. Penalty:

Bidder should give uptime guarantee of 99.5% on monthly basis in DC & DR location and 98.5% for other locations. In case uptime falls below the guaranteed level, MTL will impose penalty on back to back basis. If the Quality of Service (QoS) parameters as defined in Clause 16.5 above, is not met for any duration of time, the link shall be deemed to be down for such duration and penalty shall be imposed.

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Penalties for failing to maintain the stipulated internet port/link uptime on monthly basis shall be calculated as under:

Uptime (%) per month Penalty to be deducted

DC & DR Location Other Locations >=99.5 >=98.5 0 >=99 and <99.5 >=98 and <98.5 5% of ‘x’ >=98.5 and <99 >=97.5 and <98 10% of ‘x’ >=98 and <98.5 >=97 and <97.5 20% of ‘x’ >=97.5 and <98 >=96.5 and <97 30% of ‘x’ >=97 and <97.5 >=96 and <96.5 40% of ‘x’ Where “x” is the total monthly charges payable to the selected bidder.

If the uptime (%) per month is less than 97% for 2 consecutive months, MTL reserves the right to review and terminate the contract.

21. Delivery & Liquidated Damages

The bidder shall be responsible for provisioning of the Links / Internet Port (Bandwidth) ordered at the site and for making it fully operational within 04 weeks from the date of placement of purchase order.

If the bidder fails to deliver within the stipulated time schedule or by the date extended by MTL / UJVNL, it will be construed as a breach of contract and suitable Liquidated Damages would be levied.

The liquidated damages will be calculated as 0.5% of the contract value per week upto maximum of 04 weeks.

22. Installation & Acceptance:

22.1 The links / bandwidth must be supplied in full as per ordered specifications. Testing and acceptance will be done by the designated team from UJVNL / MTL. MTL reserves the right to reject the order if it is not conform to the approved specifications. No payment will be made for the rejected items. 22.2 Once the system is fully installed and is made operational, its operation and performance would be observed for duration of seven continuous working days for successful performance in accordance to QoS parameters stipulated in clause No. 16.5 of this EoI document.

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23. AGREEMENT

An agreement would be executed between MTL and successful bidders as per the format B.

24. The company or firm or the person will also be debarred for further participation in the concerned unit. The near relatives for this purpose are defined as: - (a) Members of a Hindu undivided family. (b) They are husband and wife. (c) The one is related to the other in the manner as father, mother, son(s) & 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). The format of the certificate to be given is “I…………..s/o…….……r/o……………... hereby certify that none of my relative(s) as defined in the EOI document is/are employed in MTL unit as per details given in EOI document. In case at any stage, it is found that the information given by me is false/ incorrect, MTL shall have the absolute right to take any action as deemed fit/without any prior intimation to me.”

25. PERFORMANCE BANK GURANTEE OR SECURITY DEPOSIT:

The successful bidders shall furnish Performance Bank Guarantee 5% (Five percent) of PO value before signing of the Agreement as per Format B. The validity of this PBG will be six months more than the project duration. The selected bidder should agree to renew the PBG from time to time till expiry of agreement or till MTL is satisfied that the terms & conditions of said agreement have been fully and properly carried out by the TSP. Without prejudice to its rights of any other remedy, on failure of the TSP to provide services under this agreement or in case of any breach in terms and conditions of the Agreement, MTL shall en-cash / forfeit the said Performance bank Guarantee. a) PBG shall be forfeited or deductions made or en-cashed in the following cases: a) If the TSP withdraws from the project midway during the project term. b) If the TSP fails to perform its obligations except for force majeure situations. c) Compensation for any loss resulting from the TSP’s failure to complete its obligations under the Agreement related to execution of specific projects for which MTL designated it as its implementation partner. b) The performance security Bond shall be in the form of Bank Guarantee issued by a scheduled Bank and in the format as intimated by the client whose has given business to MTL/TSP. c) The performance security Bond will be discharged by the MTL after completion of the TSP’s performance obligations including any warranty obligations under the specific project Agreement.

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26. PAYMENT TERMS: a) Payment shall be made in Indian Rupees only. b) The customer / Bidder will make all payment to MTL (either in lump sum or in installment as the case may be). Back to back payment arrangement will be followed by MTL to successful bidder for their work. c) MTL will load 3% on the Net Cost to MTL excluding GST Credit Eligible Amount as Project Management Charges (PMC), before raising the final bill to UJVNL. d) The payment to successful bidder will be done on back-to-back basis after deducting applicable taxes, levies, TDS etc. e) For each work as per the customer’s requirement, MTL will issue a PO to successful bidder containing details of technical and functional requirement of services along with approved price, terms and conditions of the same. f) These payments will be made to successful bidder only after receipt of payment from the end customer. This will not include any advance payment made to MTL by the end customer. However release of payment by the Customer will be treated as satisfactory working of system and acceptance of the customer hence sufficient condition for release of payment to the successful bidder. g) In case of advance money received by MTL, the same can be released to the successful bidder only against the requisite bank guarantee (BG or PBG). h) In case of any customer dispute for payment, the adjustment shall be done in the subsequent bill and same may be adjusted with the successful bidder. i) MTL reserves the right to adjust any amount due to MTL and payable by successful bidder to MTL from the any payments due from MTL and the Performance Bank guarantee to MTL. j) The SLA’s (Service Level Agreements) as well as penalty will be on back to back basis. Adequate process of customer complaint resolution by the partner will be established on mutual discussions with MTL. k) Successful bidder shall bear all costs/expenses pertaining to all statutory permissions/clearances from different Government Agencies/Statutory Bodies and other local bodies for setting up/operating their services as detailed out in this EOI.

27. FORCE MAJEURE: If at any time, 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 MTL 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

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delayed by reason of any such event for a period exceeding 60 days either party may, at its option terminate the contract.

28. DISPUTE REDRESSAL MECHANISM

a) The Parties shall endeavor to settle by mutual conciliation any claim, dispute, or controversy (“Dispute”) arising out of, or in relation to this project.

b) That a Coordination Committee (headed by the Nodal Officer of this project) consisting of representatives of the MTL and the TSP / other stakeholders shall be constituted to address any issue that may arise during implementation of the project and resolve all issues related to any projects through mutual discussions and good faith. That the said Coordination Committee shall have the powers to improvise the project functionalities in due course of time and such suggestions can be added as improvements in the Agreement and such decisions subject to approval of the Nodal Officer shall deemed to have been approved by the Competent Authority. This will be within the scope of work.

29. ARBITRATION The parties shall endeavour to resolve any dispute under the Agreement through mutual discussions and negotiations: However, If, after thirty (30) days from the commencement of 'such negotiations, the efforts to resolve all or any of the disputes through negotiations fails, then, such disputes or differences, whatsoever arising between the parties in respect of this Agreement shall be referred to Arbitration, unless the matter is time barred as per the Limitation Act, in accordance with the following provisions: (a) Matters to be arbitrated upon shall be referred to the sole Arbitrator where the total value of claims does not exceed Rs. 20 crores, Beyond the claim limit of Rs. 20 crores, there shall be three Arbitrators . (b) For this purpose, the MTL/ MTNL shall publish a Panel of Arbitrator, meeting the requirements of the Arbitration' and Conciliation Act as amended from time to time, consisting of eminent persons having wide experience in Telecom, Telecom Finance, Civil and Electrical fields. This panel will be of serving or retired officers of Government Departments or of Public Sector Undertakings of the rank of Joint Secretary to Govt of lndia or above. (c) . For the disputes to be decided by the sole Arbitrator, the party invoking the Arbitration Clause shall submit a list of three Arbitrators from the aforesaid Panel along with the letter invoking the Arbitration. The other Party shall convey its consent for one of the said Arbitrators from the said list within 15 days of receipt of such request. (d) For the disputes to be decided by a Panel of three Arbitrators, the party invoking the Arbitration Clause shall submit a one name from the aforesaid Panel, as its Nominee, along with the letter invoking the Arbitration. The other Party shall convey the name of its nominee from the aforesaid Panel to the Party invoking the Arbitration, within 15 days of receipt of such request. Both the nominated Arbitrators shall nominate a third Arbitrator from the aforesaid Panel, who' shall act as the presiding Arbitrator;

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(e) The Arbitration and Conciliation Act, 1996, as amended from time to time, and the rules made there under shall be applicable. The Arbitration proceedings shall be held in Delhi/Mumbai only. (f) In the event of such an Arbitrator(s) to whom the matter is originally referred, being vacating his office or neglecting his work or being unable to act for any reason whatsoever, the new Arbitrator(s) shall be appointed after following the procedure as enumerated hereinabove. The person(s) so appointed shall be entitled to proceed from the stage at which it was left out by his predecessors. (g) The Arbitration proceedings shall be in English language. (h) The law of land as promulgated/modified/amended or replaced from time to time shall govern this agreement. The agreement shall be subject to exclusive jurisdiction of courts at New Delhi /Mumbai. (i) No person other than the Empaneled Arbitrators of MTL/ MTNL shall be appointed as an Arbitrator to adjudicate the dispute.

Incase of arbitration with Central PSU or Central government Department/organization: "In the event of any dispute or difference relating to the interpretation and application of tne provisions of the contracts, such dispute or difference shall be referred by either party for Arbitration to the sole Arbitrator in the Department of Public Enterprises to be nominated by the Secretary to the Government of India in-charge of the Department of Public Enterprises. The Arbitration and Conciliation Act, 1996 shall not be applicable to arbitration under this clause. The award of the Arbitrator shall be binding upon the' parties to the dispute, provided, however, any party aggrieved by such award may make a further reference for setting aside or revision of the award to the Law Secretary, Department of LeqalAffairs, Ministry of Law & justice, Government of India. Upon such reference the dispute shall be decided by the Law Secretary or the Special Secretary/Additional Secretary, when so authorized by the Law Secretary, whose decision shall bind the Parties finally and conclusively. The Parties to the dispute will share equally the cost of arbitration as intimated by the Arbitrator".

30. SET OFF:

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

31. INDEMNIFICATION

31.1 The bidder/SP shall agree to indemnify and hold harmless MTL and its trustees, managers, officers, members and employees promptly upon demand at any time and from time to time, from and against any and all losses, claims, damages, liabilities, costs (including reasonable attorney’s fees and disbursements) and expenses Signature With Seal As a Token of Acceptance of all Clauses Page 15 of 39

(collectively “Losses”) to which the MTL may become subject, insofar as such Losses directly arise out of, or in any way relate to, or result from but not limited to: a) any mis-statement or any breach of any representation or warranty made by the TSP b) the failure by the TSP to fulfill any agreement, covenant or condition contained in this contract, including without limitation the breach of any of the terms and conditions of this contract by any employee or agent of the SI or c) any claim or proceeding by any third party against MTL arising out of any act, deed or omission by the TSP d) violation of copyright/intellectual property rights of any third party by the SP

31.2. For the avoidance of doubts, indemnification of losses pursuant to this clause shall be made in an amount or amounts sufficient to restore MTL to the financial position it would have been if the losses not occurred. 31.3. Any payment made under this agreement pursuant to the indemnity or claim for breach of any provision of this Agreement shall be net of applicable taxes.”

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SECTION - III

Formats of Documents To Be Submitted

Format A PROFORMA FOR PERFORMANCE BANK GUARANTEE To CMD MTL, MTL Corporate office ,MahanagarDoorsancharSadan 9, CGO Complex, Lodhi Road, New Delhi-110003.

In consideration of MTL having agreed to sign an agreement with M/s ………………………..(hereinafter called ‘Bidder) to ………………………………. (hereinafter called ‘the Service’) to MTL as per the Tender No.------(hereinafter called ‘the said bid’) on the terms and conditions contained in the said bid, which inter-alia provides for production of a Bank Guarantee to the extent of Rs. (in words ------) for the service by way of security for the due observance and performance of the terms and conditions of the said bid. We ------(indicate the name and address and other particulars of the Bank) (hereinafter referred to as ‘the Bank’) at the request of Bidder hereby irrevocably and unconditionally guarantee to MTL that Bidder shall render all necessary and efficient services to the customer (UJVNL) which may be required to be rendered by Bidder in connection with and/or for the performance of the said Bidder and further guarantees that the service which shall be provided by Bidder under the said bid, shall be actually performed in accordance with terms & conditions of Bidder to the satisfaction of the MTL.

2. We, the Bank, hereby undertake to pay MTL an amount not exceeding Rs.………in the event of breach by the said Bidder of any of the terms and conditions contained in the said bid including failure to extend the validity of this guarantee or to give a fresh guarantee in lieu of the existing one.

3. We, the Bank hereby, in pursuance of the terms of the said bid, absolutely, irrevocably and unconditionally guarantee as primary obligor and not merely as surety the payment of an amount of Rs……….. (Rupees ………………Only) to the MTL to secure due and faithful performance by Bidder of all his/their obligations under the said bid.

4. We, the Bank hereby also undertake to pay the amounts due and payable under this guarantee without any demur, merely on a demand from the MTL stating that the amount claimed is due by way of loss or damage caused or would be caused to or suffered by the MTL by reason of breach

Signature With Seal As a Token of Acceptance of all Clauses Page 17 of 39 by the said Bidder of any of the terms or conditions contained in the said bid or by reason of Bidder's failure to perform any of its obligations under the said bid.”

5. We, the Bank, hereby agree that the decision of the MTL as to whether Bidder has failed to or neglected to perform or discharge his duties and obligations as aforesaid and/or whether the service is free from deficiencies and defects and is in accordance with or not of the terms & conditions of the said bid and as to the amount payable to the MTL by the Bank hereunder shall be final and binding on the Bank.

6. WE, THE BANK, DO HEREBY DECLARE AND AGREE that: (a) the Guarantee herein contained shall remain in full force and effect for a period of five and half years from the date hereof and that it shall continue to be enforceable till all the dues of the MTL and by virtue of the said bid have been fully paid and its claims satisfied or discharged or till MTL satisfies that the terms and conditions of the said bid have been fully and properly carried out by the said Bidder and accordingly discharged this guarantee. (b) The MTL 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 bid or to extend time of performance of any obligations by the said Bidder from time to time or to postpone for any time or from time to time any of the powers exercisable by the MTL against the said Bidder and to forbear or to enforce any of the terms and conditions relating to the said bid and we shall not be relieved from our liability by reason of any variation or extension being granted to the said Bidder or forbearance act or omission on the part of the MTL or any indulgence by the MTL to the said Bidder or to give such matter or thing whatsoever which under the law relating to sureties would but for this provision, have effect of so relieving us. (c) Any claim which we have against Bidder shall be subject and subordinate to the prior payment and performance in full of all the obligations of us hereunder and we will not without prior written consent of the MTL exercise any legal right or remedy of any kind in respect of any such payment or performance so long as the obligations of us hereunder remains owing and outstanding. (d) This Guarantee shall be irrevocable and the obligations of us herein shall not be conditional of any prior notice by us or by Bidder.

7. We the BANK undertake not to revoke this Guarantee during its currency except with the previous consent of the MTL in writing.

8. Notwithstanding anything contained above, our liability, under the Guarantee shall be restricted to Rs. …… and our Guarantee shall remain in force until …. (date) . Unless a demand or claim under this Guarantee is made on us in writing within this date i.e. all your rights under the Guarantee shall be forfeited and we shall be released and discharged from all liabilities there under.

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Date ………………………………Day…………………. For ……………. (Name of Bank)

In the presence of Witnesses:

Signature Signature Name Name

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Format B

AGREEMENT PROFORMA (To be furnished on Rs.100/- stamp paper) To be executed on non-judicial stamp worth Rs.100/- to be submitted neatly type-written sheets on one side of the paper in single line spacing. A G R E E M E N T

AGREEMENT with M/s …………………………………………. for …………………………………………………………………………………………………….. Services for MTL customers.

This agreement is signed on the day by and between Millennium Telecom Ltd. a company registered under the Companies Act 1956 having its Corporate office at Mahanagar Doorsanchar Sadan, 9, CGO Complex, New Delhi-110003 acting through the COO, MTL Corporate office, New Delhi-110003 (hereinafter called MTL which expression shall, unless repugnant to the context, include its successors in business, administrators, liquidators and assigns or legal representatives) of the FIRST PARTY

AND

M/s……………………………………………………………… , a company registered under the Companies Act 1956/ a LLP firm, having its registered office ………………………………………………… acting through Mr. / Ms. ………………………, (Designation), the authorized signatory (hereinafter called as Bidder or BIDDER), which expression shall, unless repugnant to the context, include its successors in business, administrators, liquidators and assigns or legal representatives) of the SECOND PARTY.

WHEREAS MTL is a wholly owned subsidiary of MTNL, engaged in work of Telecom & IT Consultancy, Project Management, End to end ICT solution provision, IT for education and Health sector, Capacity Building, e-governance, cloud computing, managed services etc.

The MTL is desirous of appointing Telecom Service Providers (hereinafter referred as BIDDER) for …………………………………………………………………..to work with MTL on back- to-back basis arrangement, to provide bandwidth connectivity on MPLS VPN network (more than 36 locations including DC&DR) and Internet Leased Line for UJVN Limited, Dehradun, Uttarakhand.

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The Bidder has requested to sign an agreement for ……………………………………………………………………………………………………… …………. on Terms and Conditions desired by customers (UJVNL) whereupon and in pursuance to the said request, MTL has agreed to sign this Agreement with the Bidder as given in Bid document.

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1. In consideration of the due observance & performance of all the terms and conditions mentioned in this agreement along with the bid/quotation terms and condition issued vide under ……………………………………………………………………….………….., which are part and parcel of this agreement, MTL and the M/S ...... agree to sign agreement with SLA and Terms and Conditions desired by customers (UJVNL).

2. It shall be valid for a period of …….Years from the date of signing unless revoked earlier. Further extensions can be considered by MTL at its discretion based on requirements.

3. M/s ...... and MTL hereby agree and unequivocally undertake to fully comply with all terms and conditions stipulated in agreement without any deviation or reservations of any kind, unless mutually agreed between the parties at any given time.

4. The laws of land as promulgated/modified/amended or replaced from time to time shall govern this Agreement.

5. This Agreement shall not be amended or modified or altered or changed in any way except in writing and duly executed by the authorized representative of each party.

6. The Agreement is a confidential document. M/s ...... and MTL shall not divulge any part of this Agreement either through oral or written communication or through any other mode to any third party.

7. The Bidder has submitted a Performance bank Guarantee (PBG) of Rs.______(in words)_____ as a security towards due observance and performance of terms & conditions of this Agreement. This bank Guarantee shall be valid for …………………………..years from the date of signing of this Agreement. The BIDDER agrees to renew the PBG from time to time till expiry of agreement or till MTL is satisfied that the terms & conditions of said agreement have been fully and properly carried out by the BIDDER. Without prejudice to its rights of any other remedy, on failure of the BIDDER to provide

Signature With Seal As a Token of Acceptance of all Clauses Page 21 of 39 services under this agreement or in case of any breach in terms and conditions of the Agreement, MTL shall en-cash / forfeit the said Performance bank Guarantee.

8. MTL reserves the right to provide such services on its own or to enter into Agreement with other parties / persons / service providers for providing similar services from time to time in future without any restriction on number of persons / parties / Bidders, the Bidder shall have no objection whatsoever. BIDDER agrees to adherence to this provision and the same is a material obligation of this Agreement.

9. The Bidder shall, under the contract, complete the assignment within the stipulated time frame. In case the Bidder is not able to complete the assignment as per time line due to reasons other than those specified in this Document i.e. Force Majeure clause, then MTL may also levy a penalty as mentioned under penalty clause. This amount shall be deducted from the amount payable to the BIDDER by MTL. In case the BIDDER is not able to complete the assignment on time, MTL also reserves the right to withhold the payment i.e. amount payable to it, unless the delay is condoned by MTL for good and sufficient cause.

10. In case of any default on the part of the BIDDER in completion of the work within the time schedule agreed to between the parties as herein above, MTL shall be at liberty to get the work completed from any other BIDDER at the risk and cost of the BIDDER.

11. The BIDDER shall not disclose to any unauthorized person any document, information and/or data that may be supplied to him/it by the MTL, or by any other organization, under the directions of the MTL, or any information that may have come to him/its knowledge directly or indirectly by virtue of the assignment. All such documents, data or information shall be the property of the MTL. Similarly, all DPR reports, data, survey results, etc, to be submitted by the BIDDER under this agreement shall be the exclusive property of the MTL and the BIDDER shall not disclose the contents of such DPR reports, data, survey results, etc, to any third party without the consent of the MTL. This condition shall survive any foreclosure, termination or cancellation of this agreement.

12. The BIDDER undertakes that this assignment shall not be in conflict with prior or current obligations of the BIDDER to other clients nor shall it place him/it in a position of not being able to carry out the assignments objectively and impartially.

13. The BIDDER shall not assign this agreement or sub-contract any portion of it without the prior written consent of MTL.

14. The BIDDER shall indemnify and hold harmless MTL against any and all claims, demands or judgment of any nature brought against MTL arising out of the services provided by Signature With Seal As a Token of Acceptance of all Clauses Page 22 of 39 the BIDDER under this agreement. MTL shall be entitled to deduct the monetary loss, if any, suffered by it from the amount payable to the BIDDER or in case no such amount is payable, to get the same reimbursed from the BIDDER. MTL may also at its discretion terminate the agreement in such circumstances and encash the Performance Bank Guarantee to compensate the monetary loss suffered by it, without prejudice to the obligation of the BIDDER under this paragraph which shall survive the termination of this agreement.

15. The BIDDER undertakes to carry out the assignment in accordance with the high standard of professional and ethical competence and integrity, having due regard to the nature and purpose of the assignment, and to ensure that its staff assigned to perform services under this agreement shall conduct themselves in a manner consistent herewith.

16. The BIDDER shall be responsible for taking appropriate insurance coverage in respect of all matters relating to the services to be provided under this agreement, including general liability insurance so as to indemnify MTL from any loss arising out of or in connection with services provided under this agreement.

17. This agreement, its meaning and interpretation and relations between the parties shall be governed by the laws of India as may be applicable.

18. In the event of any dispute arising between MTL and the BIDDER in any matter covered under this Agreement or arising directly or indirectly there from or connect or concerned with the said agreement in any manner of its implementation of any terms and conditions of the said agreement, the matter shall be referred to the CMD, MTL Corporate office who may himself act as sole arbitrator or may nominate an officer of MTL/MTNL as sole arbitrator, notwithstanding the fact that such officer has been directly or indirectly associated with this agreement. The BIDDER will not be entitled to raise any objection for the appointment of such officer of MTL as the sole arbitrator. The award of the arbitrator shall be final and binding on both the parties to the agreement subject to provisions of Arbitration and Conciliation Act, 1996 and rules made there under. The parties expressly agree that the arbitration proceedings shall be held at New Delhi. The language of arbitration shall be in English/Hindi only.

19. MTL will load 3% on the Net Cost to MTL excluding GST Credit Eligible Amount as Project Management Charges (PMC), before raising the final bill to UJVNL.

20. The payment to successful bidder will be done on back-to-back basis after deducting applicable taxes, levies, TDS etc.

21. MTL reserves right to foreclose, terminate or cancel the agreement with the BIDDER without assigning any reasons. In such an event, the BIDDER shall not be entitled to claim damages from MTL. Signature With Seal As a Token of Acceptance of all Clauses Page 23 of 39

22. All the terms and conditions of the EOI will apply for any point not covered in the Agreement and in case of any discrepancy/contradiction between the two, the conditions of EOI would prevail.

23. All notices, communications and other correspondence required or permitted by this agreement shall be in writing and shall be sent by (a) Facsimile, with confirmation copy sent by registered post, (b) by personal delivery with acknowledgement of receipt or (c) by registered mail, return receipt requested and postage prepaid, to the following address: If to MTL, at its corporate office:

O/o COO MTL 4th Floor, MAHANAGAR DOORSANCHAR SADAN, MTL Corporate office, New Delhi-110003 Telephone: ………………… Fax:………………………. Email:……………………

If to Bidder, at its registered office.

IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed through their respective authorized representatives on the …….day of …... 2018.

Signed for and on behalf of MTL by ……………………. COO MTL O/o COO MTL Corporate office, 9 CGO Complex, New Delhi-110003.

Signed on behalf of M/s ...... ,by Shri …………………………………………………………….…., the authorized signatory and holder of General Power of Attorney dated executed in accordance with the Resolution dated passed by the Board of Directors of the company.

In the presence of Witnesses:

Signature Signature Name Name Occupation Occupation Address Address

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FORMATS OF DOCUMENTS TO BE GIVEN IN SUPPORT OF THIS EOI

Format C

CA CERTIFICATE ON LETTER HEAD OF CA FIRM

TO WHOMSOEVER IT MAY CONCERN

This is to state that upon perusal of books of accounts of M/s ……………………………………………, it is stated that their turnover is as under:

FY 2015-16 FY 2016-17 FY 2017-18 Turnover In Crores

That the average turnover in the last three financial years or last two audited balance sheet and current year provisional balance sheet shows an average turnover of ……crores.

Signature of CA Firm With Seal

Note: Please also submit the copy of the profit and loss account& Balance Sheet for last three years.

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Format -D

EOI COVER LETTER – BID FORM

Ref: Date:

To, The C.O.O. Millennium Telecom Limited, 4th Floor Door Sanchar Sadan, MTL Building, CGO Complex, New Delhi-110003

Dear Sir,

1. I/We, the undersigned, having carefully examined the referred EOI offer to participate in the same, in full conformity with the said EOI and all the terms and conditions thereof.

2. We agree to abide by this Proposal, consisting of this letter, our proposal, for a period of 150 days from the date fixed for submission of Proposals as stipulated in the EOI and modifications resulting from contract negotiations, and it shall remain binding upon us and may be accepted by you at any time before the expiration of that period.

3. I/ We acknowledge that the Authority will be relying on the information provided in the Proposal and the documents accompanying the Proposal for selection of the TSP for the aforesaid objective, and we certify that all information provided therein is true and correct; nothing has been omitted which renders such information misleading; and all documents accompanying the Proposal are true copies of their respective originals.

4. I/We have enclosed towards EOI cost/fees, a Demand Draft No. ……… dated ………. drawn on ………… for Rs.2,360/- (Rs.Two Thousand Three Hundred Sixty Only) along with EMD, a Demand Draft No. ……… dated ………. drawn on ………… for amount of Rs.1,00,000/- (One Lakh only) or I/We are MSME / NSIC registered bidder as per requirement of the EoI.

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5. We undertake, if our Bid is selected, to commence our services as per scope of work as specified in the EOI document.

6. 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.

7. Bid submitted by us is properly sealed and prepared so as to prevent any subsequent alteration and replacement.

8. That Sh …………… working in the capacity of …………………… on behalf of our Company is hereby authorized to sign all EOI documents.

Signature

Name Designation

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Format-E

Project Experience

Sl.No Information required Details

1 Name of the Bidder

2 Name of the Project

3 P.O Date

4 Commissioning Date

5 Role of the Bidder

6 Value of the Project

7 Contact details of the Customer

8 Brief Description of the Project & Scope of work

(Implementation , Operation and Maintenance)

9 Testimonial Attached on Satisfactory

Completion of the Project

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Format F

Near Relative Certificate

I………………………………………………………S/o…………………………………………. .R/o………………………………. .………….hereby certifies that none of my relative(s) is /are employed in MTNL/MTL, as per details given in the EOI document. In case at any stage, it is found that the information given by me is false /incorrect, MTL shall have the absolute right to take any action as deemed fit/ without any prior intimation to me.

Dated this………………………..day of…………………………..

Signature:……………………………………………………………..

(Name in BLOCK letters of the Signatory) …………………………………………….

In the capacity of………………………………………………………………………………….

Note: In case of Limited company / Public Limited Company certificate should be given by all the Directors of the company.

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Format G

Price Schedule

Sr. Name Band Annual GST Annual GST Net Cost No. of the width Charges Charges Credit to MTL Site details as per year – Rate Amt. per year Eligible excluding (plant per Basic Price (%) (Rs.) including Amount GST / Annexure- (Rs.) GST Credit office) A (without (Rs.) Eligible any taxes) Amount (7-8) 1 2 3 4 5 6 7 8 9 1 2 … 36 Total charges per year

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Format H

Application to be submitted by bidders (A) Technical Bid (Part A to Part C- In one shield envelope) : S. PART A GENERAL No. INFORMATION

1. Name the company / Agency

2. Type of Incorporation (Limited Company, Private Limited Company or Public Limited Company registered in India

3 Year Incorporated

4 Address for communication

5 Contact Person

6 Name

7 Designation

8 Phone No.

9 FAX NO.

10 Mobile No.

11 Email address

PART B

PART B1: Details of Application Fee

1 Amount of Draft Rs. 2,360/- (Rs.Two Thousand Three Hundred Sixty

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Only)

2 Issue Date

3 D.D. No.

4 Name of the bank

5 Branch

PART B2: Details of EMD

1 Amount of Draft Rs 1 Lakh

2 Issue Date

3 D.D. No.

4 Name of the bank

5 Branch

PART- C : APPLICATION DETAILS Sl. Required Information Filled in Documents to be attached in No Details Annexure wise

1 Name and address of the Person a) Power of Attorney attested Signing the document. by Notary or b) Copy of the board Resolution certified by the Company secretary for appointing the Power of Attorney or Attach as Annexure 1.

2 Whether the company is Limited a) Certificate of Company / Private Limited Incorporation Company registered in India. b) Memorandum and Article of Associations c) Name of the Directors with DIN Numbers

Attach as Annexure 2

3 The Bidder should have a valid Copies of relevant GST

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GST registration certificate. registration certificates.

Attach as Annexure 3

4. EoI Cover Letter – Bid Form As per Format D

Attach as Annexure 4

5 Annual Turnover for last three FY 2015- Balance Sheet, Profit & Loss years 16:Rs. Account & ITR for the financial years: FY 2016-17 :Rs a) 2015-16 b) 2016-17 c) 2017-18

FY 2017- 18:Rs It should be certified by the CA in letter head of the CA firm as per Format C.

Attach as Annexure 5.

6 The bidder should be a layer 3 Copy of the documents i.e. MPLS VPN service provider License agreement/certificate etc. under the licenses of Government of India or a National Long Attach as Annexure 6 Distance (NLD) Operator having its MPLS VPN network on its own fiber. 7 Experience regarding MPLS Attach details a)P O copies or VPN network connectivity. as per b)Satisfactory Completion Format E Certificate from the end Customer

Attach as Annexure 7 along with Format E

8 Bidder should have its PoP in Contact Details of the office / state capital of Uttrakhand, India. Support Center

Attach as Annexure 8

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9 Income TAX PAN No. Copy of PAN

Attach as Annexure 9

10 Near relative Certificate Near relative certificate as per Format F

Attach as Annexure 10

11 Acceptance of all terms and A copy of the EOI signed, in the conditions in the EOI bottom of all pages as a token of acceptance of all terms and conditions.

Attach as Annexure 11

12 The bidder should have capability Self-certification on company to connect minimum 90% letter head by authorized locations through their own signatory. network in the last miles. For last mile connectivity, only Attach as Annexure 12 maximum 10% RF link is allowed which may be arranged by from any other party who has its office in state capital of Uttarakhand. 13 The bidder should not be black- Affidavit on Rs. 100/- Stamp listed / Holiday Period by any paper central/State Govt. ministry or PSU or department. Attach as Annexure 13

(B) Financial Bid: In the separate shield envelope in accordance with Price Schedule – Format G.

Signature: Name: Designation: (All documents should be signed and stamped by the authorized signatory of the company in each page of the document submitted

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Section - IV Annexure -A List of Sites of UJVNL

Plant/offi Bandwidth( Latitude Longitude Sl. No. Name of the site ce Mbps)

1 EE Civil Office, 4 EE (Civil) office, UJVNL Munsyari, Pithoragarh Plant 30°4'41.93"N

80°14'21.88"E

2 EE Civil Office, Plant 5 Kund, Rudraprayag, NH-109, Kund, Guptkashi Kedarnath Road, Guptkashi, Guptkashi, Uttarakhand

30.509835, 79.083518

3 DGM E&M, Kuteti 4 Office Of Deputy General Devi, Uttarkashi Manager, H.G.C., Office UJVNL,kutetidevi, KotiyalGaon, Uttarakhand 249193

30.723407, 78.443657

4 EE E&M, Joshiyara, Plant 4 Uttarkashi,Uttarakhand Uttarkashi 30.728990, 78.425849

5 Ramganga Dam, 5 RamgangaHydel Power Kalagarh, Station,SonaNadi Range, PauriGarhwal Plant Uttarakhand 246142

29.516989, 78.757555

6 DGM E&M, Chilla, 7 1. Chilla colony PauriGarhwal Plant 29.974289, 78.214290

2. Chilla Power House

29.976390, 78.220230

7 Kulhal Power House, 4 Kulhal Hydro Power House

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Near Paunta Sahib Plant NH 7, Uttarakhand 248142

30.428758, 77.629713

8 Ichari Dam, Dehradun Plant 4 30.613698, 77.791113

9 Tiloth Power House Plant 7 UttarakhandJalVidyut Nigam Ltd,Uttarkashi, Uttarakhand 249193

30.726768, 78.445662

10 Maneri Dam ,Maneri, 5 1. Maneri Dam, Uttarakhand Uttarkashi 249194 Plant 30.739422, 78.528674

2. Maneri Office,Uttarakhand 249194

30.739884, 78.529849

11 DGM Civil, Srikot, Office 4 Srinagar

12 EE Civil, Dharchula, Office 4 UJVNL , EE(Civil) SHP Pithoragarh Dharchula office, HAAT

29°50'2.68"N

80°31'22.36"E

13 DGM Civil Office, Office 4 UJVN Ltd. office, Chetrapal Chamoli 30.406739, 79.344697

14 Dharasu Power Plant 7 1. ManeriBhali 2 Project, near House,Chinyalisaur, Badethi Uttarkashi Uttarakhand 249196 30.607379, 78.31863

15 Chibro Power House, Plant 5 Unnamed Road,Saradi, Near Dakpathar (Undergr Uttarakhand 248165 ound) 30.556075, 77.797299

Underground Power Signature With Seal As a Token of Acceptance of all Clauses Page 36 of 39

House

16 Executive Engineer 7 1. Power House Dhalipur (E&M),Dhalipur Uttarakhand 248142 Power House, Near 30.435579, 77.681964 Harbatpur Plant 2. M&U Ujvnl Office Dhalipur, Dehradun, Uttarakhand 248142

30.437979, 77.679322

17 DGM E&M, Dhakrani Plant 5 1. Power House Dhakrani Mandi Gang Mewa, Uttarakhand 248142

30.456162, 77.736591

2. DGM Office Uttarakhand 248142

30.455088, 77.733006

18 Xen Office, Pashulok 5 Rishikesh, Uttarakhand 249202 Barrage, Rishikesh Plant 30.074640, 78.286013

19 GM Office, Pashulok 5 30.077706, 78.287546 Barrage, Rishikesh Plant

20 GM Ganga Valley, 5 GM Ganga Valley,UJVNL,, Mayapur, Hardwar Mayapur, Haridwar, Office Uttarakhand 249401

29.944816, 78.155701

21 DGM E&M, Pathri, 5 Bhadrabad,Haridwar,Uttarak Bahadrabad, Hardwar hand Plant 29.927471, 78.041511

22 Executive Engineer 4 Mohammadpur Mohammadpur Power Powerhouse,Uttarakhand House, Hardwar Plant 247670

Signature With Seal As a Token of Acceptance of all Clauses Page 37 of 39

29.703514, 77.860620

23 GM Civil, Hydel 4 Office Of General Manager Colony, Rishikesh Small Hydro Project UJVN Office Ltd, pragatipuram, Indra Nagar, THDC Colony, Rishikesh, Uttarakhand 249201

30.105993, 78.281089

24 DGM E&M, Office 4 UJVNL DGM(E&M-SHP) Pithoragarh PTH

29°34'55.41"N

80°13'0.42"E

25 Khodri,Dakpathar Plant 5 1.Khodri Hydro Power Barrage, Project Dakpathar, KhodriParmanand, Himachal Pradesh 173025

30.508626, 77.799931

2.Dakpathar Barrage Office, Dakpathar Road, Dakpatthar, Uttarakhand 248125

30.501675, 77.795101

26 DC Other 20 Sify Mumbai DC, Airoli, Location Mumbai, Maharashtra

27 DR Other 10 Sify Bangalore DC, Cyber Location Park, 3rd Crodd Road, Electronic City, Phase –I, Bangalore

28 VidyutBhwan, 10 Dakpatthar,Uttarakhand HydelColony,Dakpath ar Office 30.496135, 77.800362

29 Ujjwal, Maharani 10 UjjawalBhawan, General Bagh, Dehradun Mahadev Singh Rd, Ashirwad Enclave, Balliwala, Dehradun, Signature With Seal As a Token of Acceptance of all Clauses Page 38 of 39

Office Uttarakhand 248006

30.329979, 78.009189

30 Ganga 10 Ganga Bhawan, 4, Yamuna Bhawan,YamunaColo Colony Road, Yamuna Colony, ny,Dehradun Office KhurburaMohalla, Dehradun, Uttarakhand 248001

30.327425, 78.023929

31 GM Office, Kalagarh Office 5 1. EE (Generation) office, New Colony Kalagarh Colony, Uttarakhand 246142

29.479762, 78.783138

2. EE (Maint.) office, New Colony,Kalagarh Colony, Uttarakhand 246142

29.475359, 78.792361

32 DGM E&M, Khatima, Plant 5 Lohia Head Power Plant, Lohiahead Sharda Range, Uttarakhand 262308

28.923439, 80.024243

33 Dunao Plant 2

34 Pilangad Plant 2

35 Urgam Plant 2

36 Galogi Plant 2 KyarKuliBhatta, Uttarakhand

30.427066, 78.069586

Signature With Seal As a Token of Acceptance of all Clauses Page 39 of 39

Amendment No. 1: (Amendment in respect of 3.6 clause of Eligibility Criteria) "The bidder should have capability to connect minimum 90% locations through their own network in the last miles. For last mile connectivity, only maximum 10% RF link is allowed which may be arranged by from any other party who has its office in state capital of Uttarakhand" Stand modified as “The bidder should have capability to connect sites of DC & DR and 2 no. offices at Dehradun (Head office “Ujjwal”, Maharani Bagh, GMS Road and Ganga Bhawan, Yamuna Colony) over OFC. However, Last mile is allowed to be connected over RF through third party outsourced by Telecom Service Provider (TSP).” Amendment No. 2: (Amendment in respect of Para 21) “Delivery & Liquidated Damages

The liquidated damages will be calculated as 0.5% of the contract value per week upto maximum of 04 weeks.” Stand modified as “Delivery & Liquidated Damages

The bidder shall be responsible for provisioning of the Links / Internet Port (Bandwidth) ordered at the site and for making it fully operational within 12 weeks (except Data Recovery Centre) from the date of placement of purchase order.

The liquidated damages will be calculated as 0.5% of the contract value per week upto maximum of 04 weeks.

The link of Data Recovery Centre should be delivered well before the start of 2nd year of the contract.”

Amendment No. 3: (Amendment in respect of Para 26) 26. PAYMENT TERMS: a) Payment shall be made in Indian Rupees only. b) The customer / Bidder will make all payment to MTL (either in lump sum or in installment as the case may be). Back to back payment arrangement will be followed by MTL to successful bidder for their work. c) MTL will load 3% on the Net Cost to MTL excluding GST Credit Eligible Amount as Project Management Charges (PMC), before raising the final bill to UJVNL. d) The payment to successful bidder will be done on back-to-back basis after deducting applicable taxes, levies, TDS etc. e) For each work as per the customer’s requirement, MTL will issue a PO to successful bidder containing details of technical and functional requirement of services along with approved price, terms and conditions of the same. f) These payments will be made to successful bidder only after receipt of payment from the end customer. This will not include any advance payment made to MTL by the end customer. However release of payment by the Customer will be treated as satisfactory working of system and acceptance of the customer hence sufficient condition for release of payment to the successful bidder. g) In case of advance money received by MTL, the same can be released to the successful bidder only against the requisite bank guarantee (BG or PBG). h) In case of any customer dispute for payment, the adjustment shall be done in the subsequent bill and same may be adjusted with the successful bidder. i) MTL reserves the right to adjust any amount due to MTL and payable by successful bidder to MTL from the any payments due from MTL and the Performance Bank guarantee to MTL. j) The SLA’s (Service Level Agreements) as well as penalty will be on back to back basis. Adequate process of customer complaint resolution by the partner will be established on mutual discussions with MTL. k) Successful bidder shall bear all costs/expenses pertaining to all statutory permissions/clearances from different Government Agencies/Statutory Bodies and other local bodies for setting up/operating their services as detailed out in this EOI.

Stand modified as 27. PAYMENT TERMS: a) Payment shall be made in Indian Rupees only. b) The customer / Bidder will make all payment to MTL (either in lump sum or in installment as the case may be). Back to back payment arrangement will be followed by MTL to successful bidder for their work. c) MTL will load 3% on the Net Cost to MTL excluding GST Credit Eligible Amount as Project Management Charges (PMC), before raising the final bill to UJVNL.

d) The payment to successful bidder will be done on back-to-back basis after deducting applicable taxes, levies, TDS etc as follows: i. Quarterly bandwidth charges for each link payable at the beginning of each quarter for a period of 4 years, except charges for Data Recovery Centre. ii. Quarterly bandwidth charges for Data Recovery Centre payable at the beginning of each quarter from 2nd year onwards (for a total period of 3 years). iii. Payment shall be made quarterly on receipt of invoices. SLA penalties for the ‘T’th quarter shall be deducted in every T+1 quarter i.e. penalties of first quarter bills shall be adjusted in second quarter after satisfactory downtime reconciliation for the first quarter and so on. However bill of last quarter shall be paid after completion of that quarter after adjustment of SLA’s penalties. e) For each work as per the customer’s requirement, MTL will issue a PO to successful bidder containing details of technical and functional requirement of services along with approved price, terms and conditions of the same. f) These payments will be made to successful bidder only after receipt of payment from the end customer. This will not include any advance payment made to MTL by the end customer. However release of payment by the Customer will be treated as satisfactory working of system and acceptance of the customer hence sufficient condition for release of payment to the successful bidder. g) In case of advance money received by MTL, the same can be released to the successful bidder only against the requisite bank guarantee (BG or PBG). h) In case of any customer dispute for payment, the adjustment shall be done in the subsequent bill and same may be adjusted with the successful bidder. i) MTL reserves the right to adjust any amount due to MTL and payable by successful bidder to MTL from the any payments due from MTL and the Performance Bank guarantee to MTL. j) The SLA’s (Service Level Agreements) as well as penalty will be on back to back basis. Adequate process of customer complaint resolution by the partner will be established on mutual discussions with MTL. k) Successful bidder shall bear all costs/expenses pertaining to all statutory permissions/clearances from different Government Agencies/Statutory Bodies and other local bodies for setting up/operating their services as detailed out in this EOI.

Amendment No. 4: (Amendment in respect of Para 8.2 under EOI Fees and EMD) 8.2 The EOI fees are non-refundable. EMD for an amount of Rs1,00,000/- (One lakh only) in the form of Demand Draft in favour of M/s MTL payable at Delhi at the time of submission of bid.

Stand modified as 8.2 The EOI fees are non-refundable. EMD for an amount of Rs1,00,000/- (One lakh only) in the form of Demand Draft in favour of M/s MTL payable at Delhi at the time of submission of bid. EMD is exempted for Central Public Sector Units (CPSUs).

Amendment No. 5:

(Amendment in respect of Para 12.2 under Evaluation)

12.2 In first step MTL shall evaluate the bids to determine whether they are complete, whether required EOI fees and EMD have been furnished, whether the documents have been properly signed and whether the bids are generally in order. EOI without EOI processing fees and EMD would be summarily rejected. However, MSEs (Micro & Small Enterprises) units/bidders registered with MSME bodies is exempted from EOI processing fee and EMD.

Stand modified as 12.2 In first step MTL shall evaluate the bids to determine whether they are complete, whether required EOI fees and EMD have been furnished, whether the documents have been properly signed and whether the bids are generally in order. EOI without EOI processing fees and EMD would be summarily rejected. However EMD is exempted for Central Public Sector Units (CPSUs). Similarly, MSEs (Micro & Small Enterprises) units/bidders registered with MSME bodies is also exempted from EOI processing fee and EMD.

Query Clarifications : EOI No. EoI/MTL/COO/Tender/MPLS_UJVN/2018-19 Dated:20.09.2018 S.No Query Clarification 1 Address of DC & DR location not mentioned in the EOI Given at S.No.26 & 27 at Annexure A of Section IV The Contract period shall be for 4 years, in which network services shall be required for a period of 4 years for all links except for the Data Recovery Centre (DR), where network 2 Contract duration not mentioned in the EOI. service will be required for 3 years only. However depending on the performance, MTL may consider extension of the contract on back-to-back basis.

Clause 3.6 of Eligibility criteria states that "The bidder should have capability to connect minimum 90% locations through their own network in the last miles. For last mile connectivity, only maximum 10% RF link is allowed which may be arranged by from any other Clause 3.6 of Eligibility Criteria : Last mile is allowed to be connected over RF through party who has its office in state capital of Uttarakhand" third party outsourced by TSP. However, sites of DC & DR and 2 no. offices at Dehradun 3 Proposed: It is to mention that POWERGRID has its own OFC backbone (Head office “Ujjwal”, Maharani Bagh, GMS Road and Ganga Bhawan, Yamuna Colony) across the state of Uttarakhand & PAN India, However, Last mile shall be are to be mandatorily connected over OFC. However, there is no restriction to connect outsourced to third party. Since the plant/site locations of UJVNL are at remaining sites over OFC. Please refer Amendment No. 1 in this regard. very isolated & uninhabited places, therefore, last mile shall be over RF. However, DC / DR & head office shall be on OFC

Delivery schedule at Para 21, needs to be extended to 12 weeks from 4 All the links (except Data Recovery Centre) should be made fully operational within 12 weeks. As the sites to be connected are too far & isolated. Apart from this weeks from the date of purchase order. The link of Data Recovery Centre should be 4 the terrain is also hilly & tough with several approachability constraints. delivered well before the start of 2nd year of the contract. Please refer Amendment No. 2 in this regard. Payment terms at Para 26 needs to be clarified (Monthly / Quarterly / Half The payment terms shall be as follows : early advance / Arrears). a) Quarterly bandwidth charges for each link payable at the beginning of each quarter for a period of 4 years, except charges for Data Recovery Centre.

b) Quarterly bandwidth charges for Data Recovery Centre payable at the beginning of each quarter from 2nd year onwards (for a total period of 3 years). 5 c) Payment shall be made quarterly on receipt of invoices. SLA penalties for the ‘T’th quarter shall be deducted in every T+1 quarter i.e. penalties of first quarter bills shall be adjusted in second quarter after satisfactory downtime reconciliation for the first quarter and so on. However bill of last quarter shall be paid after completion of that quarter after adjustment of SLA’s penalties.

Please refer Amendment No. 3 in this regard. Being a public sector, you are requested to grant waiver to POWERGRID 6 EMD is exempted for CPSU only. from submitting the EMD 7 What would be Contract duration? As given in S.No.2 Clause 3.6 of Eligibility criteria states that "The bidder should have capability to connect minimum 90% locations through their own network in the last miles. For last mile connectivity, only maximum 10% RF link is allowed which may be arranged by from any other party who has its office in state capital of Uttarakhand" Proposed: These locations of UJVNL are at very remote places, therefore, 8 As given in S.No.3 last mile would be over RF. However, DC / DR & head office shall be on OFC, so request you to kindly allow maximum one Third party last mile provider to connect these remote locations who should be based over in State capital of Uttarakhand and having expertise to work on that geography.

Delivery schedule at Para 21, needs to be extended to 8 weeks from 4 9 As given in S.No.4 weeks being a remote sites. Payment terms needs to be clarified (Monthly / Quarterly / Half early 10 As given in S.No.5 advance / Arrears).