EOI V ranchi 19.03.2021.pdf - jharkhand.bsnl.co.in

NOTICE INVITING EOI

BHARAT SANCHAR NIGAM LIMITED

(A Government of India Enterprise)

O/o General Manager Telecom District,

Ranchi - 834001

EOI No: EOI/ FTTH/ Model V/Maintenance/RCH/20-21/ 01 Dated at Ranchi the 11/03/2021

Name of Work : Maintenance of FTTH in Ranchi SSA, UNDER CASE V of the EOI

Ref:- (1) EOI NO. JKD/BB/FTTH/25 dated 26.06.2018 (2) Addendum to EOI vide no JKD/BB/FTTH/94 DATED 21.05.2020.

1. On behalf of CGMT,Jharkhand Telecom Circle, BSNL, Ranchi, request for proposal are

invited from Existing TIPs (Telecom Infrastructure Provider) of Ranchi SSA for the

Maintenance of FTTH connections provided through BSNL owned OLTEs under case V of

the EOI, in the following Zones. The maintenance work will be done in Ranch i city.

The details of the same is given below:

Zone Cluster area No. Of Connections

Total No. Of Connections in Zone

Zone I CENTRAL 281 632 NORTH 241

ASHOK NAGAR 110

Zone II HINOO 204 394

DHURWA 190

Z Zone III

BARIYATU 365 620

KANTATOLI 135

ARTTC 120

(a) Date & Time of Opening of EOI : 12/04/2021 at 16:00 Hrs.

(b) Date & Time of Submission of EOI: till 12/04/2021 upto 15:00PM

2. Terms & Conditions: -

Existing TIPs of Ranchi SSA, who have been empanelled by this office for offering FTTH service under Revenue Sharing Model in Ranchi SSA are only eligible to participate in this EOI.

The bidding for Maintenance of FTTH services provided through BSNL owned OLT shall be done Zone wise. The existing TIP can quote for one or more Zones. Bidder has to mention the Zone name for which he is applying. The evaluation of each Zone shall be done independently.

However, only max two Zone shall be offered to one bidder. Further, in each Zone, there shall be only one selected bidder.

In case, a particular bidder is L1 in all three the Zones, then that bidder needs to select two zones. The Non selected Zone shall be offered to L2 bidder of that Zone at L1 rate. In case, L2 bidder doesn’t agree to match the rate of L1 bidder then the same shall be offered to L3 bidder at L1 rate and so on. In case none of the bidder agrees to match the L1 rate, then the Non selected Zone shall be re-offered to L1 bidder and it will be binding upon the L1 bidder to accept the same.

3. Document to be submitted along-with proposal:-

i) Copy of the agreement Signed with this Office for registering as TIP for offering FTTH services in Ranchi SSA .

ii) A Self Declaration that the Supplier not Black Listed by GST Authority. iii) Copy of Payment Insulation Undertaking as per ANNEX-A iv) RTGS/NEFT / Demand Draft/Cash for the amount of Rs. 200/- (including taxes),

drawn in favour of “AO (Cash), O/o the GMTD, BSNL,Ranchi . ” towards cost of application documents.

Account Details of BSNL Ranchi in case of payment through NEFT/RTGS Beneficiary’s Name. Account Officer (cash) BSNL O/o The GMTD,Ranchi

Beneficiary’s Adress. Account Officer (cash) BSNL O/o The GMTD,Ranchi

Name of Bank: Union Bank Of India

Bank Branch code : 530085

Bank Adress: Shaheed chowk, main road branch

Bank Account No. 300801010521172

Bank Account Type: Collection account

IFSC Code: UBIN0530085

MICR Code : 834026002

Details of payment particular : ………………………………………………

(v) Signed copy of the this EOI d o c u m e n t . Acceptance of all terms and conditions in tender document A copy of the Tender document signed, in the bottom of all pages as a token of acceptance of all terms and conditions.

(VI) The bidder must have a minimum average annual turnover of Rs. 10 Lakhs

during the previous three year period. (Attach documentary evidence)

(VII) Resources and capacity No. of Splicing machine : (Bill in the name of company) No. of OTDR : (Bill in the name of company) No. of OLT Installed for BSNL Certificate from BSNL) Team manpower size : pay slip of persons employed with qualification required.

(VIII) Copy of PAN card . (IX) Copy of GST Registration certificate of firm. (X) Copy of ID/Address proof of authorized person. (XI) The existing TIP can quote for one or more Zones and has to mention the Zone name

for which he is applying.

4. Scope of Work:-

I) Under Case V, complete responsibility of maintenance beyond OLT

(Excluding UG OFC but including overhead OFC (2F/4F)) along with material supply shall be the responsibility of the Partner. Accordingly Channel partner is responsible for repair of faulty 2F &4F cable/ splitters/ Joint enclosures etc . Partner has to arrange ONT for customer on outright

purchase by customer or do replacement of faulty ONT supplied by BSNL to customer on rental basis.

II) UG OFC Maintenance is not covered under the scope of work under Case-V. BSNL shall continue to maintain UG OFC.

III) The maintenance material (ONT /2F &4F cable/ splitters/ Joint enclosures etc) beyond OLT is to be Provided by TIP at their cost excluding UG OFC and related accessories.

IV) Further, the Partner shall also have the option to provide New FTTH connection from BSNL owned OLT as per Case III of the EOI No. No.

JKD/BB/FTTH/25 dated 26th June 2018. Under Case III, the maximum

revenue share payable to partner for new connection shall be 25%.

V) The detailed scope of work for providing new FTTH connections

through BSNL Owned OLT under Case III is given below:

a) To build / extend the OFC network inside the residential / commercial complex and interconnection of building through OFC within premises.

b) To do the wiring of cable inside the building up to inside the flat / shop and laying of connecting cable network in whole premises / complex connecting various buildings /towers from the BSNL telecom Network point (BSNL control room).

c) To provide a interconnectivity at the Network operation Centre (NOC)

build-up by the builder / RWA / Telecom infrastructure provider / Local

Cable Operator.

d) To provide the maintenance support to OFC laid / build by the builder / RWA/infrastructure provider / Local Cable Operator.

e) To provide the maintenance support to telecom equipment supplied / installed by the builder / RWA / infrastructure provider / Local Cable Operator.

f) To provide the space / room to BSNL free of cost, for setting up of control room inside the residential / commercial complex for housing the essential telecom equipment of BSNL with provisions of free Air-conditioning and free electricity availability with adequate lighting arrangements and power points.

g) To provide the maintenance support of space / room.

h) To install and maintain ONT at customer premises.

5. Service level agreement I. Repeat fault- Fault booked for a connection, more than once in a calendar month

will be counted as repeat fault. The % of numbers out of total numbers in the fault list appearing as repeat fault shall not exceed 12% in first three months & 10% in onward months.

II. Mean Time to Repair the Fault (MTTR) should be as under:

FMC (Fixed Monthly Charge) in Rs.

0-1000 Above 1000

MTTR in Hrs 8 Hrs 4 Hrs

III. % Fault Clearance in 24 hours: More than 95% of the faults booked shall be cleared within 24hrs.

IV. If Telephone/CPE arranged by customer resulting in delay then such delay will be excluded from the total time taken for maintenance. However, maximum 7 days will be excluded.

V. In case of delay due to fibre fault (between OLT & First splitter) such faults will not form part of SLAs (MTTR for fault).

VI. The data for computation of Service Level Parameters will be taken from BSNL IT system.

6. Penalties

I. Penalties will be levied on monthly KPIs

KPI SLA Penalty

Fault Clearance 95% in 24 hrs.

0.2% of invoice value for each 1% of slippage.

MTTR 8 Hrs. 0.5% of invoice value for each hour of slippage ( rounded off)

MTTR 4 Hrs. 1.0 % of invoice value for each hour of slippage ( rounded off)

Repeat fault 10% 0.5% of invoice value for each 1% of slippage (pro-rata basis).

II. The contract(s) will be terminated & PBG forfeited, upon non-performance & failure to meet all the SLAs i.e. MTTR, fault clearance and repeat faults parameters for consecutive 3 months. Notice shall be served for non-performance in 1st month, 2nd month and 3rd month before final termination.

III. In case partial SLAs are met then also it is liable for termination. However, EOI/Tender accepting authority reserves the right to grant any relief in action for termination considering the circumstances/nature on the appeal made by the bidder if one or more parameter are met.

IV. Total penalties for network maintenance shall be capped at 10% of invoice value of maintenance work.

V. All faults made over to bidder through APP( or desktop software) beyond 18:00 Hrs on any day to 08:00 Hrs of next morning, will not be counted in MTTR.

VI. Any delay due to natural calamity or any other conditions beyond control of BSNL or vendor (as a force majeure case) shall be excluded by ITPC after receiving the approval of BA head prior to generation of performa Invoice.

VII. The bidder shall be responsible for safety of the materials, either supplied and/or installed by him or installed by him after being provided by BSNL. If any theft of the materials installed by bidder occurs then it will be responsibility of the bidder to restore the network at his own cost.

VIII. Any rebate provided to subscribers due non-clearance of faults may be adjusted from TIP revenue.

7. REVENUE SHARE PAYMENT PROCESS:

Revenue sharing will be on overall realized revenue excluding taxes. (i.e.

including Rental/FMC and Usage.

All deposits levies, including security deposits collected on account of CPE /STB

/ONT provided by BSNL / registration amounts as decided by BSNL, shall be

billed and collected by BSNL and no revenue share shall be payable to TIP

from such receipts

The revenue share of BSNL : TIP shall be in the ratio of X : Y respectively.

Where Y is the finalized rate for maintenance and X is (100-Y).

All the customers falling under the purview of this agreement shall be identified

separately and the revenue share shall be paid to the TIP as per the terms &

conditions of this agreement for such customers.

On completion of the month, the TIP shall submit the invoice generated from

the BSNL IT system along with supporting documents, as per the procedure

defined by BSNL, to the controlling officer for further scrutiny / validation of SLA

and for incorporating penalties, if applicable. The case will then be processed

for the payment of due amount to TIP.

All efforts shall be made for the payment of revenue share within two months

from the date of submission of invoice along with complete documents.

However, payment to TIP shall be made based on the availability of the fund.

The payment of revenue share shall be made to the TIP after the deduction of

applicable statutory levies which includes license fees payable by BSNL and /

or taxes applicable from time to time, from the revenues accrued on account of

provision of telecom services under the agreement. All such taxes / levies shall

be a pass-through item and shall be billed to and collected from the customers

and paid to the respective statutory bodies by BSNL, except such cases where

liabilities arise on account of claims raised by concerned authorities in a post-

facto manner, wherein such liability shall be shared in the same ratio as the

revenue share for the respective services.

Any discrepancy found would be mutually discussed and resolved. Balance

Of payments arising due to any reason shall be adjusted in future payments by TIP commission.

8. DURATION OF AGREEMENT:

a. The duration of agreement shall be for two years from the date of award of work.

After satisfactory completion of work in the first year, the contract shall be

extended for further period of one years. BSNL further reserves the right the

further extend the tender beyond two years for another period of one year or its

part thereof, on the same terms and conditions.

b. Renewal or extension of the agreement after three years will be based on the

performance of TIP and mutually negotiated terms and conditions for another

three years (including commercial).

9. TERMINATION CLAUSE

This agreement shall be terminated by giving a one months notice to the TIP Partner.

I. Failure in execution of the work at all by the TIP after signing of agreement.

II. Failure to perform any other obligation(s) under the contract; and

III. TIP does not perform maintenance work satisfactory in the field in accordance with the specifications.

IV. Failure to meet the SLAs parameters continuously for 3 months.

V. The agreement may also be terminated by mutual, written consent of the both parties .

VI. In case of termination of agreement of any bidder in any zone due to non performance or otherwise, BSNL reserves the right to offer the said Zone for Maintenance to the selected bidder of the other zone on the same terms and

conditions and the same shall be binding upon the bidder to accept.

10. Purchase and submission of BID Document:

a) EOI document can be obtained by downloading it from the

website www.jharkhand.bsnl.co.in.

b) The EOI document can also be obtained from DE (Planning)/DE Marketing , O/o

the GMTD, BSNL, Ranchi.

c) Duly filled and signed EOI with all required documents in sealed envelope

mentioning the EOI number and selected zones(for which bidder has to apply) , is

to be submitted to DE (Planning) O/o GMTD. Ranchi BA.

11. Opening of EOI Bids: The EOI bids shall be opened in presence of the bidders or

their authorized representative who wish to remain present at their own cost.

In case the date of submission (opening) of bid is declared to be a holiday, the date of

submission (opening) of bid will get shifted automatically to next working day at the

same scheduled time. Any change in bid opening date

12. Place of opening of EOI bids:

I) The authorized representatives of bidders (i.e. vendor organization) can attend

the EOI Opening Event (TOE) in the chamber of DE (Planning), O/o GMTD BSNL,

Ranchi.

II) Incomplete, ambiguous & Conditional biddings are liable to be rejected.

III) The GMTD, BSNL, Ranchi reserves the right to accept or reject any or all bids

without assigning any reason. He is not bound to accept the lowest tender.

IV) The GMTD, BSNL, Ranchi reserves the right to reject any all the bids or cancel

the tender process at any stage without assigning any reason whatsoever. He also

reserves the right to select more than one offer in any/ all category or categories of

work as mentioned in the tender documents.

V)

13. Financial BID:-

a) The maintenance model case V should be under revenue share of net amount received by BSNL from FTTH connections after deducting all types of taxes viz Service tax, license fee, GST etcs

b) The proposal may be submitted as per FORM of ANNEX-B.

14. Evaluation of BID:-

BSNL intend to offer the maintenance of FTTH service to only one bidder out of the proposal received for the EOI. Any TIP can bid for one, two or all OLTE connections maintenance. Revenue share Model V has been introduced for the maintenance of FTTH connections provisioned by BSNL through owned OLTs, access network fibre and ONT. The revenue Share to the partners for maintenance of already provisioned connections by BSNL shall be up to max. 10 % . Bidder who will quote more than 10% will be summarily rejected. In maintenance model V , if more than one partners is interested in a particular ZONE , the FTTH partners quoting lowest revenue share (below 10 %) would be selected through QCBS based on achievement of combined score on Financial rate quote and technical parameters on waightage ratio 30: 70 (

http://www.jharkhand.bsnl.co.in/

Financial rate : Technical capacity) . Technical capacity parameters for selection of FTTH partner under model V .

:S.N.

Particular Maximum marks

1 Experience For up to one year experience : 10 marks For more than 01 year Experience : 20 marks

20

2 Financial capacity to carry out the maintenance work. Average annual Turn over(last three year ) up to 10 Lakhs : 5 marks Additional 05 marks for every additional 10 lakhs turn over.

20

3 Resources and capacity a) Splicing machine :5 marks for each machine (Bill in the name

of company) (Max 15 marks) b) OTDR :5 marks each for one machine (Bill in the name of

company) ( Max 10 marks) c) OLT Installed : 03 marks for each OLT.(Certificate from

BSNL) (Max 15 marks) d) Team manpower : 05 marks for each manpower (pay slip of

person employed with qualification required) ( Max 20 marks)

60

Applicant with highest score would be selected based on achievement of combined score on Financial rate quote and technical parameters on waightage ratio 30: 70 ( Financial rate : Technical capacity) by adopting QCBC methodology for selection , for a particular territory for maintenance of the FTTH connections provisioned by through BSNL owned OLTs, access network fibre and ONT.

Score calculation method :

Financial Score : The financial scores will be calculated through a normalization process where the lowest bidder is given 100 and scores of all other bidders are normalized against this.

For example – For a particular Zone , If A is the lowest bidder who has bid 6 % (revenue share) and B and C are the other 2 bidders with bids of 8 % (revenue share) and 10 % (revenue share), normalized scores of A is taken as 100, B is taken as (100*6/8=75) and C is taken as (100*6/10=60).

Technical Score : Technical scores are calculated based on a variety of parameters such as experience/financial capacity/ recourse and capacity for execution of work , with scoring for each factor separately and the final technical score is a summation of these scores.

After calculating technical and financial scores, they are multiplied by respective weightages ( weightage ratio 30: 70 Financial Score : Technical Score ) to find the total score and the vendor with the highest total score is supposed to be awarded the contract for that Zone.

Only one partner will be allocated/selected for a particular zone for maintenance of the FTTH connections .

On selection , based on performance additional Territory /area may be allocated to TIP for maintenance of the FTTH connections or may be withdrawn, as the case may be. Quarterly performance review of the maintenance model to ensure that FTTH partners retains the number of FTTH customers handed over at the time of agreement and the number of customers do not migrate/reduce at the abnormal rate to other partners or to the same partner under different model.

The selected TIP has to enter into an agreement with BSNL as per format indicated in

ANNEXURE-C.

Also, the selected TIP has to submit a Performance Bank Guarantee of Rs

10,000/- through RTGS/NEFT or DD or in the form of cash at the office of AO (cash),

O/o the GMTD, BSNL, Ranchi.

BHARAT SANCHAR NIGAM LIMITED

(A Government of India Enterprise)

O/o General Manager Telecom District,

Ranchi - 831003

ANNEX-A

EOI/ FTTH/ Model V/Maintenance/RCH/20-21/ 01 Dated at Ranchi the 11/03/2021

PAYMENT INSULATION UNDERTAKING:

Name of Zone : ……………………….

I/ We undertake that I/ We have sufficient capital resources to carry out operations and will make due payment to our firms labour/ employees assigned to execution of the maintenance work as per EOI No: EOI/ FTTH/ Model V/Maintenance/RCH/20-21/ 01 Dated at Ranchi the 11/03/2021

of Ranchi SSA (BSNL), as per laws every month insulating it from payments from BSNL. I/ We

also under take to perform in faithful and efficient manner the work of this EOI without linking it

to payments from BSNL.

Signature of the TIP

With date and seal

BHARAT SANCHAR NIGAM LIMITED (A Government of India Enterprise)

O/o O/o General Manager Telecom District,

Ranchi- 831003

ANNEX-B

Name of SSA/ Circle:- Ranchi, Jharkhand Circle

Financial proposal for FTTH maintenance under model caseV in Ranchi SSA:-

Sl No Zone BID (as % of revenue excluding all taxes) (In Figure)

BID (as % of revenue excluding a all taxes)

(In Words)

1 Zone I

2 Zone II

3 Zone III

GST Rate applicable :- 18 %

Applicable SAC (6 Digit) :- 998593

Note:-

(i) Existing TIPs of Ranchi SSA, who have been empanelled by this office for offering FTTH service under Revenue Sharing Model in Ranchi SSA are only eligible to participate in this EOI.

(ii) The bidding for Maintenance of FTTH services provided through BSNL owned OLT shall be done Zone wise. The existing TIP can quote for one or more Zones. The evaluation of each Zone shall be done independently. However, max. two Zone shall be offered to one bidder. Further, in each Zone, there shall be only one selected bidder.

(iii) Maintenance Charge will be as % of monthly revenue received. Calculation of revenue received will be done after deducting all taxes and license fees or any other statuary compliance.

(iv) The maximum BID limit will be 10%, any BID above 10% will be rejected.

Signature and seal of TIP

ANNEXURE-C

AGREEMENT FOR THE MAINTENANCE OF FTTH SERVICES – CASE V

Subject- Agreement with M/s ……………………. for the work for maintenance of BSNL FTTH

services on revenue sharing model under Case V

This agreement for maintenance of FTTH services entered into on this……………………………………………………………………………………………………….. by and between BHARAT SANCHAR NIGAM LIMITED (hereinafter referred to as “BSNL”) , a company incorporated under the Companies Act 1956, having its Registered Office and Corporate Office at Bharat Sanchar Bhawan,.New Delhi-110001, Circle Office at Ranchi, Jharkhand and Business Area Office at ………………….. represented by …………………………………………………………… ON THE ONE PART

AND

M/s ………………………….. , Prop:- …………………………………….. Telecom Infrastructure Provider (hereinafter referred to as “TIP”) a Proprietorship Firm registered under laws, represented by ................................ ……………………………….ON THE SECOND PART

WHEREAS:

(a) BSNL is in the business of providing Basic Telephony Services, Cellular Mobile Telephony Services (CMTS), Internet & broadband services and National Long Distance Services (NLDS) in its licensed areas of operation in the geographical territory of India as well as in the business of providing broadband /Voice service on FTTH (Fibre to the Home) in the geographic territory of India including Ranchi Business area.

(b) BSNL Corporate Office through Letter No. 64-253/2019/NWP-BB/FTTH dated 12.04.2020 has modified the existing FTTH policy and introduced a New Maintenance Model Case V for maintenance of FTTH connections provisioned by through BSNL Owned OLTs, access network fibre and ONT under revenue sharing model.

(c) BSNL Jharkhand Circle Office Ranchi incorporated the above clauses in the EOI already floated vide Letter No. JKD/BB/FTTH/25 Dated at Ranchi The 26.06.2018, corrigendum Letter No. JKD/BB/FTTH/34 Dated at Ranchi The 07.07.2018 by issuing the addendum to the said EOI vide Letter No. JKD/BB/FTTH/94 dated 21.05.2020.

(d) AND WHEREAS in Ranchi SSA, there is a significant number of FTTH connection working through BSNL owned OLT,

(e) AND WHEREAS in order to take care of growing demand of FTTH service, there is a requirement to outsource the maintenance of FTTH connections provisioned to ensure the desired customer experience and Quality of Service

BSNL Ranchi floated the Request for Proposal vide EOI No: EOI/ FTTH/ Model V/Maintenance/RCH/20-21/ 01 seeking proposal from the Existing TIPs of Ranchi SSA

(f) M/s …………………………………………………………….………….. (hereinafter referred as TIP) submitted its interest for the maintenance of the FTTH connections provisioned by through BSNL Owned OLTs, access network fibre and ONT under revenue sharing model through its Letter No……………………………..

(g) Upon verification of documents and technical capability and recommendation by the designated committee and with approval of GMTD Ranchi, work related to

maintenance of FTTH connections provisioned by through BSNL Owned OLTs, access network fibre and ONT under revenue sharing model has been awarded to M/s………………………………………………vide Letter No…………………………………

This Agreement includes the Terms and conditions of This EOI vide EOI/ FTTH/ Model V/Maintenance/RCH/20-21/ 01 , EOI NO. JKD/BB/FTTH/25 dated 26.06.2018 , Addendum to EOI vide no JKD/BB/FTTH/94 DATED 21.05.2020 as well as subsequent modifications/clarification/office order issued/to be issued from Office of The GMTD Ranchi, Jharkhand Telecom Circle office Ranchi and BSNL Corporate office New Delhi in respect of maintenance of FTTH connections provisioned by through BSNL Owned OLTs, access network fibre and ONT under revenue sharing model (V) , constitute entire EOI and agreement with the parties with respect to matters here in conditioned and all its terms & conditions are binding among the parties. This agreement will be construed in interpretation applied, governed in accordance with the laws of India and at Court ......................... has jurisdiction in respect of this agreement.

(h) And As per the BSNL Corporate Policy and the EOI under reference, TIP has to submitted t Rs 200/- as cost of EOI document and Performance Bank Guarantee of Rs 10,000/- drawn in favour of A.O. (Cash) O/o GMTD,BSNL ,Ranchi or said amount can be paid through RTGS/NEFT to BSNL Ranchi bank account as per details given ,

Account Details of BSNL Ranchi Beneficiary’s Name. Account Officer (cash) BSNL O/o The GMTD,Ranchi

Beneficiary’s Adress. Account Officer (cash) BSNL O/o The GMTD,Ranchi

Name of Bank: Union Bank Of India

Bank Branch code : 530085

Bank Adress: Shaheed chowk, main road branch

Bank Account No. 300801010521172

Bank Account Type: Collection account

IFSC Code: UBIN0530085

MICR Code : 834026002

Details of payment particular : ………………………………………………

………………………………………………

Now it is hereby agreed by and among the parties hereto as follows:

1. BRIEF DESCRIPTION OF WORK: In order to ensure that BSNL’s FTTH customers get

services to their satisfaction, outsourcing of maintenance activities based on SLA has

been adopted in BSNL. The Policy consists of the outsourcing model for the FTTH

network i.e. the Customer Access FTTH Network. It is expected that this model will

improve the customer services experience from the FTTH services of BSNL.

2. SCOPE OF WORK: The scope of work shall broadly consists of following:

Maintenance of FTTH Services: This includes:

(a) Under Case V, complete responsibility of maintenance beyond OLT

(Excluding UG OFC but including overhead OFC (2F/4F)) along with

material supply shall be the responsibility of the TIP. Accordingly TIP is

responsible to repair / replace faulty ONT, 2F &4F cable, splitters, Joint

enclosures. The TIP can also arrange ONT for customer on outright

purchase by customer or on rental basis.

(b) Underground OFC(UF OFC) Maintenance is not covered under the scope

of work under Case-V. BSNL shall continue to maintain UG OFC and the

associated OLTs.

(c) The maintenance material (ONT, /2F &4F cable, splitters, Joint enclosures

etc) beyond OLT is to be Provided by TIP at their cost excluding UG OFC

and related accessories.

(d) Attending all types of faults in Customer Access Network such as fibre

break, cleaning the joints in fibre, fibre splicing, joint closure fault, etc.

(e) Attending customers complain after taking dockets and Clearing of fault

dockets in the system after clearing of the faults.

(f) Attending the FTTH fault at the customer premises including configuration of

CPE related issues

(g) Any other work on the access side impacting the service.

All stores shall be supplied and installed by TIP at own cost such as 4-fibre, joint

closure, splitter, etc.. These cost will be borne by TIP and BSNL will not make any

payment for these stores items

Storing Packing and transportation of materials shall be done by the TIP.

Material used / provided by TIP for maintenance shall become the property of

BSNL

Further, the TIP shall also have the option to provide New FTTH connection from

BSNL owned OLT as per Case III of the EOI No. No. JKD/BB/FTTH/25 dated

26th June 2018. Under Case III, the maximum revenue share payable to the TIP

for new connection shall be 25%.

However, BSNL will be at liberty to provide new connection through its own

resources in the above OLT also.

The detailed scope of work for providing new FTTH connections through

BSNL Owned OLT under Case III is given below:

(a) To build / extend the OFC network inside the residential / commercial

complex and interconnection of building through OFC within premises.

(b) To do the wiring of cable inside the building up to inside the flat / shop and

laying of connecting cable network in whole premises / complex connecting

various buildings /towers from the BSNL telecom Network point (BSNL

control room).

(c) To provide a interconnectivity at the Network operation Centre (NOC) build-

up by the builder / RWA / Telecom infrastructure provider / Local Cable

Operator.

(d) To provide the maintenance support to OFC laid / build by the builder / RWA

infrastructure provider / Local Cable Operator.

(e) To provide the maintenance support to telecom equipment supplied /

installed by the builder / RWA / infrastructure provider / Local Cable

Operator.

(f) To provide the space / room to BSNL free of cost, for setting up of control

room inside the residential / commercial complex for housing the essential

telecom equipment of BSNL with provisions of free Air-conditioning and free

electricity availability with adequate lighting arrangements and power points.

(g) To provide the maintenance support of space / room.

(h) To install and maintain ONT at customer premises 03 : Zone wise existing connectios.

Zone Cluster area No. Of Connections

Total No. Of Connections in Zone

Zone I CENTRAL 281 632

NORTH 241

ASHOK NAGAR 110

Zone II HINOO 204 394

DHURWA 190

Z Zone III

BARIYATU 365 620

KANTATOLI 135

ARTTC 120

4. AREA OF OPERATION: Under the said agreement, the Maintenance of connection

provided through BSNL owned OLT is outsourced for Zone ...., comprising of OLT under

zone.

5. SERVICE LEVEL AGREEMENT:

a. Repeat fault- Fault booked for a connection, more than once in a calendar month will be counted as repeat fault. The % of numbers out of total numbers in the fault list appearing as repeat fault shall not exceed 12% in first three months & 10% in onward months.

b. Mean Time to Repair the Fault (MTTR) should be as under:

FMC (Fixed Monthly Charge) in Rs. 0-1000 Above 1000

MTTR in Hrs 8 Hrs 4 Hrs

c. % Fault Clearance in 24 hours: More than 95% of the faults booked shall be cleared within 24hrs.

d. If ONT arranged by customer resulting in delay then such delay will be excluded from the total time taken for maintenance. However, maximum 7 days will be excluded.

e. In case of delay due to Underground fibre fault or OLT related fault (which is under scope of BSNL) such faults will not form part of SLAs (MTTR for fault).

f. The data for computation of Service Level Parameters will be taken from BSNL IT system.

6. PENALTIES:

a. The penalty shall be levied on the monthly KPI.

KPI SLA Penalty

Fault Clearance 95% in 24 hrs.

0.2% of invoice value for each 1% of slippage.

MTTR 8 Hrs. 0.5% of invoice value for each hour of slippage ( rounded off)

MTTR 4 Hrs. 1.0 % of invoice value for each hour of slippage ( rounded off)

Repeat fault 10% 0.5% of invoice value for each 1% of slippage (pro-rata basis).

b. The contract(s) will be terminated & PBG forfeited, upon non-performance & failure to

meet all the SLAs i.e. MTTR, fault clearance and repeat faults parameters for

consecutive 3 months. Notice shall be served for non-performance in 1st month, 2nd

month and 3rd month before final termination.

c. In case partial SLAs are met then also it is liable for termination. However,

EOI/Tender accepting authority reserves the right to grant any relief in action for

termination considering the circumstances/nature on the appeal made by the bidder if

one or more parameter are met.

d. Total penalties for network maintenance shall be capped at 10% of invoice value of

maintenance work.

e. All faults made over to bidder through APP( or desktop software) after 18:00 Hrs on

any day to 08:00 Hrs of next morning, will not be counted in MTTR.

f. Any delay due to natural calamity or any other conditions beyond control of BSNL or

vendor (as a force majeure case) shall be excluded by ITPC after receiving the

approval of BA head prior to generation of performa Invoice.

g. The bidder shall be responsible for safety of the materials, either supplied and/or

installed by him or installed by him after being provided by BSNL. If any theft of the

materials installed by bidder occurs then it will be responsibility of the bidder to

restore the network at his own cost.

h. Rebates and compensations given to the customer by this office due to

deficiency in service and / or given by TRAI / court / any regulatory body to the

customers, if any, shall be deducted from the due payment to the TIP. Further

the upper limit of penalty / deduction, as defined in Clause 5.4 above shall not

be applicable for this deduction and shall be over and above the penalty

defined in Para 5.1 above.

i. In addition, monthly review shall be done by the concerned SDOP /JTO to ensure

that the TIP retains the number of FTTH connection provided by BSNL at the time of

handing it over for outsourcing along with any future addition of new connections by

BSNL through its own resources, and the number of FTTH customers do not migrate

/ reduce to different partner / same partner under different case model.

j. For any such cases, where it is observed that due to discriminatory treatment by the

TIP to the BSNL owned connection, the customer has been constrained /forced to

migrate to different partner / same partner under different case model, in addition to

terminating the said agreement, BSNL shall be at liberty to not only terminate the

other agreement signed with the TIP and / or also shall deduct the revenue loss to

BSNL due to such discriminatory treatment from the payable commission of the

TIP, either from this agreement or from any other agreement signed with TIP for

Maintenance of FTTH services.

In this regard, the decision of concerned DE (City) and the concerned SDOP/

JTO of the field shall be final and binding on the TIP.

Further the upper limit of penalty / deduction, as defined in Clause 6(d) above

shall not be applicable for this deduction and shall be over and above the

penalty defined in Para 6.1 above.

7. REVENUE SHARE PAYMENT PROCESS:

Revenue sharing will be on overall realized revenue excluding taxes. (i.e. including

Rental/FMC and Usage.

All deposits levies, including security deposits collected on account of CPE /STB

/ONT provided by BSNL / registration amounts as decided by BSNL, shall be billed

and collected by BSNL and no revenue share shall be payable to TIP from such

receipts

The revenue share of BSNL : TIP shall be in the ratio of .................. …..respectively

All the customers falling under the purview of this agreement shall be identified

separately and the revenue share shall be paid to the TIP as per the terms &

conditions of this agreement for such customers.

On completion of the month, the TIP shall submit the invoice generated from the

BSNL IT system along with supporting documents, as per the procedure defined by

BSNL, to the controlling officer for further scrutiny / validation of SLA and for

incorporating penalties, if applicable. The case will then be processed for the

payment of due amount to TIP.

All efforts shall be made for the payment of revenue share within two months from

the date of submission of invoice along with complete documents. However,

payment to TIP shall be made based on the availability of the fund.

The payment of revenue share shall be made to the TIP after the deduction of

applicable statutory levies which includes license fees payable by BSNL and / or

taxes applicable from time to time, from the revenues accrued on account of

provision of telecom services under the agreement. All such taxes / levies shall be a

pass-through item and shall be billed to and collected from the customers and paid

to the respective statutory bodies by BSNL, except such cases where liabilities

arise on account of claims raised by concerned authorities in a post-facto manner,

wherein such liability shall be shared in the same ratio as the revenue share for the

respective services.

Any discrepancy found would be mutually discussed and resolved. Balance of

payments arising due to any reason shall be adjusted in future payments by

8. PAYMENT INSULATION CLAUSE: TIP to have sufficient capital resources to carry out

operations and will make due payment to labour/ employees assigned to execution of the

maintenance work , as per laws every month insulating it from payments from BSNL. TIP

also under take to perform in faithful and efficient manner the work , as defined in this

agreement, without linking it to payments from BSNL

9. BILL ISSUE AND COLLECTION:

a. BSNL shall be solely responsible for all commercial functions of bill issue and its

collection for the telecom services provided to customers under this agreement. The

services shall be billed as part of telecom services provided by BSNL. The bills will

be raised and collected by BSNL from the subscribers

b. TIP shall not charge any money from the customers except for the Customer end

Equipment, if the customer desires to purchase it. No additional services other than

those contained within the scope of this agreement shall be provided to the

customers of BSNL either free or for a cost without the written approval of BSNL

c. The terms and conditions of payments by customers shall be governed by BSNL’s

rules from time to time. The disconnection and resolution practice from payment

defaulters shall be enforced

10. DURATION OF AGREEMENT:

a. The duration of agreement shall be for two years from the date of award of work.

After satisfactory completion of work in the first year, the contract shall be extended

for further period of one years. BSNL further reserves the right the further extend

the tender beyond two years for another period of one year or its part thereof, on the

same terms and conditions.

b. Renewal or extension of the agreement after three years will be based on the

performance of TIP and mutually negotiated terms and conditions for another three

years (including commercial).

11. TERMINATION OF AGREEMENT: The agreement may be terminated by BSNL by giving

one month notice to TIP in case of:

a. Failure in execution of the work at all by the TIP after signing of agreement.

b. Failure to perform any other obligation(s) under the contract;

c. TIP does not perform maintenance work satisfactory in the field in accordance with

the specifications.

d. Failure to meet the SLAs parameters continuously for 3 months.

e. The agreement may also be terminated by mutual, written consent of the both

parties

f. Termination of the agreement shall be without prejudice to the accrued rights and

liabilities of the parties at the date of termination. On termination of this agreement

the telecom services shall continue to be used by customers.

g. In case of termination of agreement of any bidder in any zone due to non

performance or otherwise, BSNL reserves the right to offer the said Zone for

Maintenance to the selected bidder of the other zone on the same terms and

conditions and the same shall be binding upon the bidder to accept

12. OTHER CONDITIONS:

a. This agreement is a confidential document. The TIP shall not divulge any part of the

agreement either through oral or written communication or through any other mode

to any third party.

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

c. This agreement shall be binding upon all respective successors of the parties.

d. Severability: Should TRAI / DoT declare any part of this agreement unenforceable through direction / order / regulation or if terms of license of BSNL are changed through any amendment or order of the Government, the parties will cooperate and take all appropriate steps to amend, modify or alter this agreement

13. COMPLIANCE OF LAWS: BSNL and TIP shall perform their duties in strict compliance with

all applicable laws in India along with rules and regulations of the duty constituted Govt.

authorities in India and shall obtain all licenses, restrictions or other approval, if any,

required by laws in India in connection with the services to be rendered hereunder. Further,

service provided to the customers shall be subject to Indian Telegraph Act 1885, TRAI

directions and tariff circulars issued by BSNL Corporate Office.

14. INDEMNIFICATION: TIP agrees to protect, defend, indemnify and hold harmless, BSNL and

its employees, officers, directors, agents or representatives room and against any and all

liabilities, damages, fines, penalties and costs (including legal costs and disbursements)

arising from or relating to:

a. Any breach of any statute, regulation, direction, orders or standards from any

governmental body, agency, telecommunications operator or regulator applicable to

such party; “or”

b. Any breach of the terms and conditions in this agreement by the TIP; ‘or’

15. RELATIONSHIP: Each party understands that it is an independently owned business entity

and this agreement does not make it, its employees, associates or agents as employees,

agents or legal representatives of the other party for any purpose whatsoever. Neither party

has express or implied right or authority to assume or to undertake any obligation in respect

of or on behalf of or in the name of the other party or to bind the other party in any manner.

In case, any party , its employees, associates or agents hold out as employees, agents, or

legal representatives of the other party, the former party shall forthwith upon demand make

good any / all loss, cost, damage including consequential loss, suffered by the other party

on this account

16. ARBITRATION:

a. In the event of any question, dispute or difference arising under this agreement or

in connection there-with (except as to the matters, the decision to which is

specifically provided under this agreement), the same shall be referred to the sole

arbitration of the CMD, BSNL or in case his designation is changed or his office is

abolished, then in such cases to the sole arbitration of the officer for the time being

entrusted (whether in addition to his own duties or otherwise) with the functions of

the CMD, BSNL or by whatever designation such an officer may be called

(hereinafter referred to as the said officer), and if the CMD or the said officer is

unable or unwilling to act as such, then to the sole arbitration of some other person

appointed by the CMD or the said officer. The agreement to appoint an arbitrator

will be in accordance with the Arbitration and Conciliation Act 1996. There will be no

objection to any such appointment on the ground that the arbitrator is a Government

Servant or that he has to deal with the matter to which the agreement relates or that

in the course of his duties as a Government Servant he has expressed his views on

all or any of the matters in dispute. The award of the arbitrator shall be final and

binding on both the parties to the agreement. In the event of such an arbitrator to

whom the matter is originally referred, being transferred or vacating his office or

being unable to act for any reason whatsoever, the CMD, BSNL or the said officer

shall appoint another person to act as an arbitrator in accordance with terms of the

agreement and the person so appointed shall be entitled to proceed from the stage

at which it was left out by his predecessors.

b. The arbitrator may from time to time with the consent of both the parties enlarge the

time frame for making and publishing the award. Subject to the aforesaid, Arbitration

and Conciliation Act, 1996 and the rules made there under, any modification thereof

for the time being in force shall be deemed to apply to the arbitration proceeding

under this clause.

c. The venue of the arbitration proceeding shall be the office of the CMD, BSNL, New

Delhi or such other places as the arbitrator may decide

d. This agreement is effective from …………….. and will be valid till …………………..

IN WITNESS WHEREOF the Parties here so have caused this agreement to be duly executed on the date above written.

For BSNL Witnesses 1.

2.

For M/s ………………………………………… Witnesses

1………………………

2. …………………….

EOI V ranchi 19.03.2021.pdf - jharkhand.bsnl.co.in

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